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Frequently Asked Questions
For more information, please contact the MDHHS Body Art Facility Licensure Program at BodyArt@michigan.gov or at (517) 335-8165.
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The Law
1. How does the law define "body art"?
Public Act 375 defines "body art" as 1) tattooing, 2) branding and/or 3) body piercing. Ear piercing is not included in the definition of "body art".
2. How does the law define a "body art facility"?
Public Act 375 defines a "body art facility" as the location at which an individual performs one or more of the following: 1) tattooing, 2) branding, and/or 3) body piercing.
This means that an individual shall not tattoo, brand, or perform body-piercing on another individual unless the tattooing, branding, or body-piercing occurs at a State of Michigan licensed body art facility.3. Where can I get a copy of the law for licensing body art facilities?
Click here for the full version of Public Act 375.
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Body Art Facility Requirements
1. Where can I get a copy of the Requirements for Body Art Facilities?
Click here to get a copy of the Requirements for Body Art Facilities.
2. What are the things body art facilities are responsible for under PA 375?
Body art facilities must be in compliance with the entire 2010 PA 375.
3. How does a body art facility register with the Department of Environmental Quality as a medical waste provider?
Public Act 375 requires that body art facilities be in compliance with the Medical Waste Regulatory Act, Part 138 of 1978 PA 368, as amended. Owners or operators of body art facilities must be registered with the Department of Environmental Quality as a medical waste producer. The cost of registration is $75.00 for a 3-year period. The registration form (Form EQP 1700-1) can be obtained by calling (517) 335-1146 or (517) 230-9800, or e-mailing ShannonA1@michigan.gov.
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Health Considerations
1. What should I consider before getting body art?
In addition to the type, design or placement of body art, there are health issues to consider. The Centers for Disease Control and Prevention offers information about health concerns regarding body art. You should consult your physician before undergoing a body art procedure.
2. How do I take care of my body art?
Aftercare is important, not just to make sure your body art looks good, but to avoid medical issues such as infections. Click here for Aftercare Instructions.
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Filing Complaints/Finding Out if a Body Art Facility is Licensed
1. How do I find out if a body art facility is licensed?
Public Act 375 states that an individual shall not tattoo, brand, or perform body-piercing on another individual unless the tattooing, branding, or body-piercing occurs at a licensed body art facility. Click here to find out if a facility is licensed.
2. What is the process for filing a complaint against a body art facility?
It is important to make sure that anyone performing body art is doing so in a licensed facility, and that body art is being performed in a safe and sanitary manner. Click here to file a complaint against a body art facility.
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Licensure
1. The non-refundable fees for obtaining a Michigan body art facility license, which were set by Public Act 375 , are as follows:
The non-refundable fees for obtaining a Michigan body art facility license, which were set by Public Act 375, are as follows:
- The cost for an annual license (prior to July 1) is $500.00 plus the current consumer price index..
- The cost for an annual license (on or after July 1) is $250.00 plus the current consumer price index.
- The cost for a renewal license for the following year is $500 plus the current consumer price index for the fiscal year beginning October 1st.
- The cost for a renewal license after December 1 includes an additional late fee of $250.00 plus the current consumer price index.
- The cost for a duplicate license is $50.00 plus the current consumer price index..
- The cost for a temporary license to operate a body art facility at a fixed location for not more than a two-week period (14 consecutive days) is $150.00 plus the current consumer price index.
- The cost for a new facility license after October 1st is $750.00. This is $250 for the remainder of the year Oct 1 to Dec. 31 and $500.00 for the next calendar year license plus the current price index.
- Per Public Act 375, the yearly variable Detroit-Ann Arbor-Flint consumer price index (CPI) will be added to the above base fees. The most current consumer price index fee will be noted on the downloadable application form or the payment submittal page of the online payment process for the fiscal year beginning October 1st.
Other local fees may apply.
2. What is the process for a body art facility to get an initial license, renew a license, or obtain a temporary license?
The licensing process varies dependent upon the license type and county. Please contact your local health department and complete a plan review BEFORE applying for our license.
3. What do I need to know if I am building a new facility or renovating an existing facility?
Click here to get a copy of the Requirements for Body Art Facilities. If you are building a new facility or renovating an existing facility, you must submit a scale drawing/floor plan to the local health department responsible for inspections in your jurisdiction that will conduct your inspection. Click here for the Scale Drawing/Floor Plan Instructions for New/Renovated Facilities. Local health department conducting inspections in body art facility jurisdiction may also charge a fee for site plan review.
Click here for The Body Art Facility Checklist for New/Renovated Facilities
4. I live in Michigan and I am a body artist that does not own a licensed, fixed body art facility. Can I obtain a temporary license?
Since Michigan does not license individual body artists, you must be the owner or operator of a Michigan-licensed, permanent fixed facility in order to obtain a temporary license.
5. Will body art facilities still be required to obtain a local body art facility license?
Some counties/cities currently have local ordinances that require licensure of body art facilities. Public Act 375 allows counties/cities to have and enforce local licensure programs as long as the local codes, ordinances, and regulations are more stringent than Michigan licensure requirements. Body art facilities will be required to be in compliance with all requirements and pay all applicable fees related to local licensure. Check with your local health department to see if there are local ordinances in your area.
6. Do individual body artists need a license separate from the facility license?
Public Act 375 does not require individual body artists to be licensed. However, some local health departments currently have local ordinances that require the licensure of body artists in addition to the licensing of body art facilities. Check with your local health department to find out if individual body artists need to be licensed.
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Documents for Facility
1. Where can I find documents related to body art facility record-keeping, such as client, employee/technician/contractor or facility records?
The Requirements for Body Art Facilities require that all body art facilities maintain certain records.
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Inspections
1. Who performs inspections of body art facilities?
According to Public Act 375, local health departments are authorized to perform the functions required in the law and any rules promulgated. If a local health department of a county or city is unable or unwilling to perform the functions required in this section, they may contract with another local governing entity though an intergovernmental agreement in order to have that entity's local health department perform the functions required. Click here for a list of local health departments that are providing inspections.
2. Will there be a fee for an inspection?
Public Act 375 allows the local governing entity of a local health department to fix and require the payment of inspection fees. Contact the local health department responsible for inspections in your county to get information about this fee schedule.
3. How do I schedule an inspection/get a copy of the Inspection Report?
Click here to get a copy of the Inspection Report. Please note that the inspection criteria for temporary licenses varies depending upon whether you are the owner/operator of a Michigan-licensed permanent fixed facility or the owner/operator of an out-of-state facility. However, the process for scheduling an inspection is the same. You must apply for a license before scheduling an inspection.
4. Where can I find documents related to body art facility inspections, such as the Inspection Report or Scale Drawing/Floor Plan Instructions?
The Requirements for Body Art Facilities require that all body art facilities in Michigan be inspected on the same criteria. Click here for the Inspection Report and Scale Drawing/Floor Plan Instructions for New/Renovated Facilities.
5. How does a local health department upload inspection information/results?
MDHHS will notify the local health department when an application is accepted. It is then the responsibility of the applicant to contact their local health department to schedule an inspection. Once the inspection is complete, the local health department should use the online interface to indicate whether the body art facility has been found to be compliant or non-compliant.
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MIOSHA Information/Required Trainings
1. Where can I find more information on MIOSHA Standards, such as Vaccination Requirements and Required Trainings?
Public Act 375 requires that the owner or operator of a body art facility ensure that the body art facility as a whole and any individual engaged in tattooing, branding or piercing, or cleaning tattooing, branding or piercing instruments/equipment are in compliance with OSHA Bloodborne Pathogens Standards under 29 CFR 19 10: 1030. In Michigan, OSHA regulations are implemented under the jurisdiction of MIOSHA.
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Updates/Current Information on Body Art
1. How can I stay up to date on issues related to body art?
Click here for updates on issues related to body art.