Jami Bond, aka Lady Bond, is a local tattooist who is in favor of the new state law requiring a licence for any commercial tattoo, piercing or body art services. / Photo by Anni Becker

As of July 1st, 2010, everyone providing body art, piercing or tattoo services in Washington is required to have a state license. Despite recent anarchist propaganda, the law is not an attack on fringe culture, but a necessary step to address legitimate public health concerns.

Health hazards associated with improperly sterilized equipment motivated state law makers to increase government over sight of the body art industry. According to the Department of License FAQ page, “the legislature determined it was in the best interest of the public health, safety, and welfare to establish requirements for the commercial practice of these activities."

In this case, law makers got it right. There are numerous blood-borne pathogens that can spread between clients and artists if proper safe guards and sterilization techniques are not followed. HIV and hepatitis C are often cited as the biggest concerns due to their prevalence and lasting health impacts.

Department of Health Media Relations Manager Donn Moyer informed The Voice via email that “In 2009, the HIV prevalence rate was 158 cases per 100,000” and the Department of Health estimates “the rate of chronic [hepatitis C] infection was between 890 and 1290 cases per 100,000, or nearly 10 times higher than that of HIV”.

Favorable Industry Response

Altered Reality Tattoo owner Mace Bracken is highly supportive of the law. “[The new law] is definitely good”, he stated in an interview. “This law is about public safety, [tattoo] shops need to be clean,” he explained.

As a business owner, Bracken is not worried about the new $250 artist license fee or the $300 location fee, but he has heard grumblings from other shops. “There are complaints about the fees [from several other shops] but if you can’t afford the fees, maybe you shouldn’t be in the business,” he stated.

Bracken is disappointed that mandatory drug testing and stronger enforcement standards were not incorporated into the licenses requirements. “The attitude of parting up with your tattooist needs to go,” he stated. However, Bracken is pleased that the new law will increase accountability for shady or dangerous shops.

During the interview, Bracken expressed disdain and frustration at the number of poorly managed or illegal tattoos shops operating in the Vancouver area. “It’s absolutely retarded how many people are tattooing that shouldn’t be,” he stated. “I have seen some of the foulest, degrading and scandalous things go on in some shops,” he explained.

Somewhat counterintuitive, Bracken desires a more open discussion regarding what he calls “dirty shops”. According to Bracken, tattoo and piercings businesses that operate below industry standards or in an unscrupulous fashion not only put members of the public at risk, but also tarnish the reputation of a profession he deeply respects.

Vancouver resident and tattooist Jami Bond also supports the new licensing requirements. “[The law] is going to be a huge benefit and help move people in a positive direction… the bottom line has absolutely got to be about public safety,” Bond explained.

Bond currently works at Forbidden Body Art and Tattoo in Portland. She explained that the new laws would not deter her from relocating her business into Vancouver in the future. “Being licensed in Oregon sets you up well for [transferring to] other states”, Bond explained. Oregon currently has more stringent tattoo licensee standards than Washington.

One of Oregon’s requirements is having education and training from an accredited school. According to Bond, state accredited programs for tattooing are not accredited at the federal level, making it nearly impossible to get federal student loans or grants for those programs. “There is an unfortunate gap for those that have talent but can’t afford the education in Oregon,” Bond explained.

Resistance Continues

Vancouver resident Skraven, 22, operates a small tattoo business out of his home. Skraven, who agreed to an interview on condition only his professional name is used, stated he started tattooing in high school and now works full time out of his apartment in the Central Park neighborhood.

Skraven’s work station is a chair in his bathroom. His autoclave for sterilization is in his bedroom a few feet from his dirty clothes bin. Despite the eye-brow raising nature of the arrangement, Skraven claims he follows all the proper sterilization techniques. “My place is small so I have to put [equipment] where it fits, but I make sure my [stuff] is clean,” he stated reassuringly.

Skraven’s clientele consist mostly of cash-strapped high school and college students. “Not everyone can afford $300 for tattoo and [other tattoo shops] shouldn’t be charging more than $100 anyways,” Skraven explained.

When pressed, Skraven admitted it is unlikely he will comply with the new standards. “Tattooing is about freedom, about not becoming part of the system… I can’t just give in,” he stated defiantly.

Part-time tattooist Ken (he did not give his last name) purchased a tattoo set a few months ago and has been practicing on himself and his friends, often during parties. “I want to keep practicing until I am good enough to open a business,” Ken stated. However, when Ken called the Department of License, he was told that he would need a license to keep practicing, even if he was not charging for his service.

Ken was disappointed at first until he took the online blood bourn pathogen test and failed. “The questions were ridiculously easy, I just didn’t know anything,” Ken bashfully admitted. “I thought I knew what I was doing so I fast clicked though the training parts,” Ken explained, “I guess I should have paid attention more”.

After Ken completed the training and passed the certification test, Ken modified his at-home sterilization process. “I get that we need to be safe with needles and I really sorry about not getting that right,” he stated. However, Ken is still uncertain about getting a license. “The state wants a lot of money just so I can practice, can’t there be some cheaper way for us that are just part-time or just starting out?”

Several Vancouver tattooists expressed concerns the new licensee requirements will make it harder to dodge sales and income tax. “Hardly any shop pays all its taxes… most just pay the taxes on credit card sales,” one tattoo artist explained, “but if you have to register with the department of revenue, you’re going to have to report more.”

Some Key Points to the New Law

The new law, which is contained in RCW 18.300 and WAC 308-22, requires a license for all tattoo artists, body art artists and body piercers and any location where such services are provided. All applicable licenses are required to be posted in the reception area of the business and at each artist work station.

Every tattoo, body art or piercing business is required to have at least $100,000 in bodily injury and properly damage insurance and must register with the department of revenue. Additionally, each business must have an outside entrance separate from any rooms used for sleeping or residential purposes.

Applicants for a license will also have to explain any criminal convictions or pending investigations. The previously required blood bourn pathogens certificate is still required for all artists. Penalties for violations of the new law include requiring licensees to obtain additional training, revocation of a license and a fine up to $500 per violation.

The license requirements neither require proof of artistic ability nor guarantees the quality of work.