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(1) A tattooing or body piercing procedure may not occur if:

(a) either the artist of the client is under the apparent influence of alcohol or other mind-altering drugs;

(b) the client has not signed the consent form required by ARM 37.112.144; or

(c) the client is under the age of 18, without the explicit in-person consent of the client's parent or legal guardian as provided in 45-5-623, MCA.

(2) If the client is under the age of 18, the parent or legal guardian must accompany the client throughout the procedure.

(3) A written physician referral is required before tattooing or body piercing if the client:

(a) is taking any drug or dietary supplements that may induce bleeding tendencies or reduce clotting;

(b) has a medical condition that is known to cause bleeding tendencies or reduce clotting;

(c) shows signs of recent intravenous drug use;

(d) has a sunburn, a skin disease such a psoriasis or eczema, a skin infection, or lesions such as a mole in the proposed procedure site; or

(e) discloses or evidences allergies or contact sensitivity to pigments, soaps, or other substances that may be used in the procedure.

(4) The artist may delay or require a medical referral before conducting any tattooing or piercing for any person whose physical health, understanding, or judgment may be in question.

History: 50-48-103, MCA; IMP, 50-48-103, MCA; NEW, 2007 MAR p. 351, Eff. 3/23/07.

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