California

What the form asks in California

California’s rule names things the standard waiver form did not ask. A shop in California gets them by default: the questions on its form, the rest on its record in the shop app.

• An explanation of the procedure, acknowledged in the consent (on every form)“A description of the procedure.” (Cal. Health & Safety Code § 119303(a)(1))
• The risks of a tattoo the state's rule lists, in writing on a tattoo's consent“A statement regarding the permanent nature of body art. (4) Notice that tattoo inks, dyes, and pigments have not been approved by the federal Food and Drug Administration and that the health consequences of using these products are unknown.” (Cal. Health & Safety Code § 119303(a)(3), (a)(4))
• The aftercare suggestions for the client's tattoo, on the consent and the signed waiver, headed by the site they named“Postprocedure instructions that include all of the following: (A) Information on the care of the procedure site. (B) Restrictions on physical activities such as bathing, recreational water activities, gardening, or contact with animals, and the duration of the restrictions. (C) Signs and symptoms of infection, including, but not limited to, redness, swelling, tenderness of the procedure site, red streaks going from the procedure site towards the heart, elevated body temperature, or purulent drainage from the procedure site. (D) Signs and symptoms that indicate the need to seek medical care.” (Cal. Health & Safety Code § 119303(a)(2), (a)(5))
• An allergies question: medicines, ointments, soaps, latex, anything put on the skin“Whether the client has a history of herpes infection at the proposed procedure site, diabetes, allergic reactions to latex or antibiotics, hemophilia or other bleeding disorder, or cardiac valve disease.” (Cal. Health & Safety Code § 119303(b)(2))
• A bleeding-disorder question“Whether the client has a history of herpes infection at the proposed procedure site, diabetes, allergic reactions to latex or antibiotics, hemophilia or other bleeding disorder, or cardiac valve disease.” (Cal. Health & Safety Code § 119303(b)(2))
• The medications and blood thinners question, always on“Whether the client has a history of medication use or is currently using medication, including being prescribed antibiotics prior to dental or surgical procedures.” (Cal. Health & Safety Code § 119303(b)(3))

What the record must capture

• A signed informed consent form for every procedure
• A completed, signed health questionnaire
• Medical answers stored and disposed of to HIPAA standards

The Act writes no ID rule, but nobody under 18 may be tattooed at all, checking ID is how shops stay clear of Penal Code § 653 and § 119302(a).

"All information gathered from the client that is personal medical information and that is subject to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ... shall be maintained or disposed of in compliance with those provisions." — Cal. Health & Safety Code § 119303(c)

A license on a phone in California

Not settled. WHAT STOPPED ME: the DMV's own pages point both ways, and no statute, regulation or the alcohol regulator (ABC) settles it. FOR business acceptance (DMV, mDL for Businesses): 'The mDL Reader enables your business to serve customers presenting the mDL on their mobile phone.' and 'Businesses can now sign up for the TruAge Program to have your existing POS terminals accept CA mDLs for age and identity verification.'; Q&A: 'Your mDL in the CA DMV Wallet can be used for age and identity verification at select locations and airports' (its 'select locations' links to the TruAge page) and 'Some locations accept mDL, but others may not be aware of the program.' AGAINST (DMV, TruAge page): 'The mDL alone is not accepted at retail stores as proof of age.' and 'Law enforcement, state government agencies and businesses aren't yet accepting the mDL. If you did not enable TruAge as part of your mDL, you will still need your physical ID for any purchases or locations where proof of age is required.'; Q&A: 'The mDL is not a replacement for the physical card. You must continue to carry your physical DL/ID with you.' and, for the Apple/Google/Samsung versions most people carry, 'mDL in Apple, Google, and Samsung Wallets can be used for identity verification at select airports. Additional uses forthcoming.' (the Apple Wallet section of the same Q&A does say it can be presented 'at businesses and organizations with standards compliant mobile ID readers'). The DMV's main Wallet page lists TruAge 'at select Sacramento retail locations' as the only retail use. It is a statutory PILOT (Veh. Code § 13020: 'All participants shall receive both a physical and, if requested, an immutable and unique driver's license or identification card', capped at 60% of licensed drivers); the CHP's 2024 bulletin says the pilot 'Requires participants to carry and present their physical DL/ID card.' and the Q&A says 'Law requires you show your physical DL/ID to law enforcement.' The Legislature's own digest of AB 3117 shows it would have made the mDL bona fide evidence only 'provided the Department of Motor Vehicles authorizes the use of those licenses or identification cards without the possession of a physical driver's license or identification card' — and the bill died (held in Appropriations 2024-05-16). If forced to a default: OFF — every DMV acceptance path is reader-verified at participating locations, and the DMV tells holders never to show the mDL on the device. The PHOTOS line does not use the word screenshot; it is the DMV's instruction that only electronic verification counts. The Safe Body Art Act writes no ID or proof-of-age rule (H&S Code § 119302(a) sets the 18+ age only, 'regardless of parental consent').

On waivers.tattoo: a shop can let its clients choose a saved photo of their ID in Settings. It starts off, and a saved photo is a copy for your file, never proof of age.

Minors

18+. No minors, even with a parent. There is no parental-consent route for a tattoo, permanent cosmetics, or a branding, the statute says 'regardless of parental consent' outright. Body piercing is the one exception: a minor can be pierced with the parent or guardian present, nipple and genital piercing of a minor is banned, and a shop may refuse to pierce a minor even with a parent standing there.

"Pursuant to Section 653 of the Penal Code, a client shall be at least 18 years of age to be offered or to receive a tattoo or permanent cosmetics application, regardless of parental consent." — Cal. Health & Safety Code § 119302(a)

On waivers.tattoo: your form takes 18+ for a tattoo in California, and tells the client which rule says so.

Piercing a minor

18+ to sign alone. Minors only with conditions. The Safe Body Art Act requires the piercing to be performed in the presence of the minor's parent or guardian. The Penal Code section it points at also accepts a notarized writing from the parent or guardian in place of presence, so the two texts differ; presence satisfies both. The section does not apply to an emancipated minor.

Only for an ear pierced with a disposable, single-use, presterilized stud and clasp or solid needle applied by a mechanical device, and the TRAGUS is expressly not exempt. A lobe pierced with a needle in a shop is body piercing. The Penal Code's carve-out is broader and says only 'does not include the piercing of an ear'.

Off limits for a minor even with consent: nipple and genital piercing of a minor is prohibited outright.

An infraction under Penal Code section 652

Cal. Health & Safety Code § 119302(b), (d); Cal. Penal Code § 652 The text

On waivers.tattoo: turn on Piercing under 18 in Settings and a client under 18 gets a parent-or-guardian section — who they are, how they are related, their own signature, and a photo of their ID. The signed waiver prints what California requires, and the form refuses nipple and genital piercings.

What the consent form must say

• A description of the procedure
• What to expect after, including care and possible complications
• A statement that body art is permanent
• Notice that tattoo inks and pigments are not FDA-approved
• Post-procedure instructions on caring for the site
• Restrictions on bathing, swimming, gardening, animals, and for how long
• Signs and symptoms of infection to watch for
• Signs that mean the client should seek medical care

"Prior to the performance of body art, the client shall read, complete, and sign an informed consent form" — Cal. Health & Safety Code § 119303(a)

Health history and aftercare

Before any procedure the client fills in and signs a questionnaire covering possible pregnancy, herpes at the site, diabetes, latex or antibiotic allergies, hemophilia or other bleeding disorders, cardiac valve disease, current or prescribed medications, and other bloodborne-pathogen risk factors. Aftercare is written into the consent form itself, and when the work is done the artist answers questions about the site, gives the post-procedure instructions, and covers it with a sterile dressing.

"Prior to the performance of body art, the client shall receive, complete, and sign a questionnaire" — Cal. Health & Safety Code § 119303(b)

Texting your clients in California

8am to 9pm, the client’s local time, from federal law. California sets no hours of its own. What it does set is different in kind: Cal. Bus. & Prof. Code § 17538.41 (text message advertisements); see also Cal. Bus. & Prof. Code §§ 17590-17595 (do-not-call) and Cal. Pub. Util. Code §§ 2871-2876 (automatic dialing-announcing devices), in force since 2006-01-01. It names text messages, so a text counts.

Consent. § 17538.41 is a flat prohibition with exemptions, not a consent standard, it bans transmitting a text message advertisement to a mobile handset unless an exemption applies. The practical route for a shop is the existing-relationship exemption in (c), which asks for an opt-out option rather than opt-in consent. Separately, to text a number on the DNC list outside an EBR, § 17592(e)(1) requires an 'express agreement, in writing' bearing 'the signature of that person'; a contract of adhesion does not count.

Your own clients. Yes, and with no time limit, the widest customer carve-out of any state that regulates a marketing text. Cal. Bus. & Prof. Code § 17538.41(c): the text-message ban 'shall not apply to text messages transmitted by a business ... that has an existing relationship with the subscriber if the subscriber is offered an option not to receive text messages from that business.' The condition is the opt-out, not recency. Separately, § 17592(e)(4) exempts DNC-listed numbers where there is an 'established business relationship' based on a purchase or financial transaction 'within the 18 months immediately preceding'.

It reaches your sender too. Its own words are “transmit, or cause to be transmitted”, so a service that texts on your behalf is inside this rule with you. Hiring one does not move the duty off the shop.

no person, entity conducting business, candidate, or political committee in this state shall transmit, or cause to be transmitted, a text message advertisement to a mobile telephony services handset, pager, or two-way messaging device The text

No statutory damages and no private damages action. § 17538.41 sits in B&P Chapter 1 (Advertising), so § 17534 applies: 'Any person, firm, corporation, partnership or association or any employee or agent thereof who violates this chapter is guilty of a misdemeanor.' Injunctive relief and restitution are available to the AG, district attorneys and city attorneys under § 17535, and to a private person only on a showing of injury in fact and lost money or property (§ 17535 / UCL § 17204).

Federal law is the floor under it: 8am to 9pm, the client’s local time, prior express written consent for a marketing text, and a STOP honored within 10 business days (47 C.F.R. § 64.1200(c)(1), (e)).

What to do

• Ask separately. A yes to marketing texts belongs on its own tick, not folded into the box a client has to accept to get tattooed. Keep it with the date and what it said.
• Text between 8am to 9pm, the client’s local time. An area code is not where somebody lives, so when you cannot tell, use the tighter window.
• Honor a STOP that day. Federal law gives you 10 business days. Same-day is the version nobody argues with, and it is what the carriers expect.
• Keep the count low. California sets no cap and neither does federal law, but a shop that texts a client more than a couple of times a month is teaching them to reply STOP.

Who inspects you

The state sets the standards and never touches your paperwork: there is no statewide body art agency page, no state permit, and no state registry. Everything, registering each artist, issuing the shop's health permit, plan review before you open, and inspections, runs through the local enforcement agency where the shop sits. A city or county may also adopt rules stricter than the Act, so a Los Angeles shop and a Riverside shop can face different paperwork on top of the same statute.

Safe Body Art Act enforcement, practitioner registration, body art facility health permits, inspections

• Los Angeles County Department of Public Health, Environmental Health, Body Art Program · Los Angeles County
• County of San Diego Department of Environmental Health and Quality, Body Art Program · San Diego County
• Orange County Health Care Agency, Environmental Health, Body Art / Permanent Makeup · Orange County
• San Francisco Department of Public Health, Environmental Health Branch, Tattoo, Body Piercing and Permanent Cosmetics · City and County of San Francisco
• Alameda County Environmental Health Department, Body Art Program · Alameda County (Oakland, Berkeley, Fremont)
• Sacramento County Environmental Management Department, Environmental Health, Body Art · Sacramento County
  The state's rule, enforced by the county: every artist registers with the county each year and the shop holds a county health permit, $400 a year for the shop and $198 per artist for 2026-27. We found no county rule beyond the fees, and nothing on how long to keep records. The source
• County of Santa Clara Department of Environmental Health, Body Art Program · Santa Clara County (San Jose)
• Riverside County Department of Environmental Health, Body Art · Riverside County
  Stricter than the state. County Ordinance 907 (Code ch. 8.164) adds inspection placards, sterile gloves for piercing, a 72-hour report of any needlestick and 7 days' written notice when an artist starts or leaves. The department's inspection guide asks for 3 years of client documents on site. The source

The Act sets no fixed interval, health permits and practitioner registrations renew every year, and the local enforcement agency inspects on its own schedule. The enforcement officer can walk in during business hours, check that people are following the shop's Infection Prevention and Control Plan, take copies of any record or invoice, impound unsafe instruments, and must leave a written report.

Licensing

Your shop. A body art facility needs a valid health permit from the local enforcement agency, renewed annually and valid only for that address; plans go through the agency's Plan Review Unit and the shop has to be approved before anyone works in it.

Your artists. Every practitioner registers with the local enforcement agency and renews yearly, showing hepatitis B vaccination (or an OSHA-compliant declination), bloodborne pathogen training, proof of being 18 or older, and a self-certification on state and local body art law. The certificate hangs where the public can see it.

The licensing page

Using a generic waiver app in California

A generic waiver app is one form builder for every industry — rafting outfits, gyms, trampoline parks and tattoo shops all start from the same blank template. The tattoo part is yours: you write the questions, you keep them current when the rule changes, and you find out whether you got it right when an inspector reads your file.

In California that is 5 things to set up and keep in step yourself:

• The risks of a tattoo the state's rule lists, in writing on a tattoo's consent
• The aftercare suggestions for the client's tattoo, on the consent and the signed waiver, headed by the site they named
• An allergies question: medicines, ointments, soaps, latex, anything put on the skin
• A bleeding-disorder question
• The medications and blood thinners question, always on

On waivers.tattoo, a shop in California gets all of it the day it starts. Your page opens with California’s questions already on the form, your client signs on their own phone, and the signed waiver prints what they answered.

California in our state-by-state posts

• Texting your tattoo clients: the hours, the caps, and all 51 state rules
• Can a minor get a tattoo with parental consent? State by state
• Can a minor get a piercing with parental consent? 45 states say yes, each on its own terms
• Do you have to ask health questions before a tattoo? 20 states say yes. Here are the questions.
• Do you have to give tattoo aftercare instructions in writing? 38 states say yes.
• What has to be on a tattoo consent form? 32 states say. Here is every line they name.
• 26 states make you check ID before a tattoo. The other 25 give you a reason to.
• How long do you have to keep tattoo consent forms? Every state, one table