Proposed tattoo ban on scarred skin dropped in Ky.

Proposed tattoo ban on scarred skin dropped in Ky.
Due to hundreds of public comments, the prohibition against tattooing over scarred skin has been removed from a proposed Kentucky regulation. (Source: Pixabay/stock image)

FRANKFORT, Ky. (KFVS) - A proposal to ban tattooing over scarred tissue in Kentucky has been dropped from new regulations for tattoo studios due to hundreds of public comments.

According to the Kentucky Cabinet for Health and Family Services more than 600 public comments on the issues and the input helped the agency to make a decision it calls “appropriate for modern industry standards”.

"We truly appreciate the valuable input from the public in the regulation review process,” said Dr. Jeff Howard, Commissioner of Kentucky’s Department of Public Health. "Based on comments received, we elected to remove the language relating to scar tissue.”

The Cabinet had proposed prohibiting the tattooing of scarred skin in April.

The proposal did not define “scarred skin” and artists said without clarification, tattoos would be considered as a scar, so they could not provide cover-up tattoos either.

The Cabinet said the language of the proposal was supposed to state that freshly scarred skin would be banned from tattooing, but this was left out of the regulation.

The following is a summary of the changes to the amendment to the tattoo regulation (902 KAR 45:065) found in the “Amended After Comments” version:

  • Removes the prohibition against tattooing over scarred skin
  • Updates definitions for autoclave, disinfectant, hand-washing and sterilization.
  • Specifies that a studio using all disposable products is exempt from the clean room and autoclave requirements.
  • Updates the record keeping procedures to allow for more modern procedures.
  • Revises the requirements for a temporary event license and workstation size.

The proposals are to address the tattoo industry changes over the last 15 years, according to the Cabinet.

The amendment is scheduled to be on the agenda at the Administrative Regulation Review subcommittee meeting in August.

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