Tattoo consent records in New York

New York

Tattooing anyone under 18 is a crime in New York and a parent cannot sign it away. The state's own permit scheme for tattooists and studios is on the books, Public Health Law Article 4-A, but the Health Department has not adopted the rules yet, so outside New York City you deal with your county or city health department. In New York City the Health Department licenses each artist for 2 years, and the signed consent for every tattoo has to be kept 2 years and shown to the inspector on request.

Last reviewed 2026-11-04 · Updated 2026-11-05 · 18 sources
Try New York’s waiver formView New York’s law
Minimum age
Tattoo
18+
No minors, even with a parent
Piercing
18+
Minors only with conditions
Keep each record
Set locally
New York State sets no period for keeping the signed consent, and its statewide rules are still in development. Article 4-A does set one for the needle form: before each tattoo or piercing, the client and the artist sign a form confirming the needles were shown sealed and opened in front of the client, the client gets a copy, and the studio keeps one "for a period not less than seven years" (Public Health Law § 467(3)). That form is part of the client's record on your waiver form, so the whole New York record is kept at least 7 years, never one page for less. In New York City you keep every signed consent 2 years from the date of the tattoo, ready for the inspector. The 7 years covers it. Chapter 22 calls it a “signed written consent” and says nothing about electronic or digital records.
Who regulates
State + local
New York State Department of Health
Written consent
Required
The rule does not list what the form must say

What the form asks in New York

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

  • A confirmation the artist and the client both sign before the work that the single-use needles were shown sealed and opened in front of the client (on a tattoo or a piercing)“must sign a form confirming that the tattooist or body piercing specialist: (a) Presented all single use needles in a sterile and sealed package, that are to be used during the tattoo or body piercing procedure, to the person receiving such tattoo or body piercing, and explained that only approved ink handling procedures would be used; and (b) Opened all single use needles that are to be used during the tattoo or body piercing procedure in the presence of the person receiving such tattoo or body piercing.” (N.Y. Public Health Law § 467(2), (3))

What the record must capture

  • Before each tattoo or piercing, a form the client and the artist both sign confirming the artist showed the client every single-use needle in its sterile, sealed package, explained that only approved ink handling would be used, and opened the needles in front of the client; the client gets a copy and the studio keeps one at least 7 years (statewide)

In New York City:

  • Customer's name
  • Age
  • Date of birth
  • Address
  • Telephone number
  • The date tattooed
  • The body site tattooed
"Consents shall be maintained by the licensee for a period of two years after the date of tattoo application and be available for inspection by the Department upon request." — 24 RCNY § 22-11

The city's own tattoo manual tells artists that evidence of a prospective client's age must be examined; with the under-18 ban carrying criminal liability, checking ID is the only safe practice statewide.

"A copy of the confirmation form shall be given to the person receiving a tattoo or body piercing. The tattoo studio or body piercing studio shall retain a copy of such confirmation form for a period not less than seven years." — N.Y. Public Health Law § 467(3)

A license on a phone in New York

New York’s digital license is a real ID. It lives in New York Mobile ID app. N.Y. State Liquor Authority Advisory #2024-2:

New York State MiD is a permissible form of identification for use by licensees in the sale of alcohol and as a precondition for admission to a licensed establishment. The text

A picture of one is not. “MiD is not just a picture of your physical license, permit, or non-driver ID. It cannot be accepted by visually showing the app to a verifier.” The source

On waivers.tattoo: “Choose from library” is on, so a client whose license lives on their phone can pick a saved photo of their ID for your file; you can turn it off in Settings. The signed waiver says when a photo was a saved one. The license itself is the proof of age, checked the way New York requires.

Minors

18+. No minors, even with a parent. There is no parental-consent route for a tattoo in New York, it is a class B misdemeanor no matter who signs. Piercing is the opposite: Public Health Law § 460-a lets a studio pierce a minor on a parent or guardian's written consent signed in front of the owner or the piercer, and the studio keeps that original consent 12 months.

"He marks the body of a child less than eighteen years old with indelible ink or pigments by means of tattooing" — N.Y. Penal Law § 260.21(2)

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

Piercing a minor

18+ to sign alone. Minors only with conditions. Written consent of a parent or legal guardian on a form prescribed by the state health commissioner, signed in the presence of the studio owner or one of the studio's body piercing specialists. The original is kept 12 months, and the consent itself expires 12 months from the day it was signed. The commissioner's form is the Department of Health's consent form, DOH-5072, and the owner or the specialist signs it too, saying the parent signed it in front of them. In the statute's own words, § 460-a(1): "No owner, operator or employee of a body piercing studio shall permit body piercing on a person under eighteen years of age unless such person provides the body piercing studio with the written consent, in a form prescribed by the commissioner, of a parent or legal guardian to use such body piercing studio."

Public Health Law § 460(2): "Body piercing" shall mean the piercing of any part of the body, except the ear. So an ear piercing falls outside PHL art. 4-A entirely.

N.Y. Pub. Health Law s 460-a (piercing); s 460(2) (definition); N.Y. Penal Law s 260.21(2) (the tattoo ban) 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. New York’s rule has the form ask for a photo of the Department of Health's consent form, DOH-5072 too. The signed waiver prints what New York requires.

What the consent form must say

"Prior to a person receiving a tattoo or body piercing from a licensed tattooist or body piercing specialist, such person and licensed tattooist or body piercing specialist must sign a form confirming that the tattooist or body piercing specialist: (a) Presented all single use needles in a sterile and sealed package, that are to be used during the tattoo or body piercing procedure, to the person receiving such tattoo or body piercing, and explained that only approved ink handling procedures would be used; and (b) Opened all single use needles that are to be used during the tattoo or body piercing procedure in the presence of the person receiving such tattoo or body piercing." — N.Y. Public Health Law § 467(2)

In New York City:

  • Customer's name
  • Age and date of birth
  • Address and telephone number
  • The date tattooed
  • The body site tattooed
  • The customer's signature
"A signed written consent shall be obtained for each tattoo customer listing such customer's name, age, date of birth, address, telephone number, the date tattooed and body site tattooed." — 24 RCNY § 22-11

Health history and aftercare

No health-history questionnaire is required by rule. New York City does require written aftercare: the licensee hands the customer written instructions on caring for the tattooed area, and the health department publishes sample wording. The city's manual also advises telling clients about the risks, and asking about latex and pigment allergies, but that is guidance rather than a rule.

"The licensee shall provide the customer with written instructions regarding care of the tattooed area to prevent infection." — 24 RCNY § 22-12

Texting your clients in New York

8am to 9pm, the client’s local time. N.Y. Gen. Bus. Law § 399-z(2) (McKinney); see also § 399-p(7)(d), in force since 2021-08-12. It names text messages, so a text counts.

Consent. For the hours rule, the only escape is that "the customer has given their express consent to the call at a different time." A pre-recorded telemarketing call requires "an express agreement, in writing" that discloses its purpose, is not a condition of purchase, evidences willingness to receive calls from a specific seller, and "includes such customer's telephone number and signature" (§ 399-z(6)). The statute imposes no separate written-consent requirement on a live marketing text.

Your own clients. An "unsolicited telemarketing sales call" excludes one made "in connection with an established business relationship, which has not been terminated by either party, unless such customer has stated to the telemarketer that such customer no longer wishes to receive the telemarketing sales calls of such telemarketer." no time limit. But this exemption sits in the definition of "unsolicited telemarketing sales call", which gates only the do-not-call bar in subdivision 5, it does not excuse the 8:00 A.M.-9:00 P.M. hours rule in subdivision 2, which is written against "telemarketing" generally.

It reaches your sender too. Its own words are “make or cause to be made”, 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 telemarketer or seller shall engage in telemarketing at any time other than between 8:00 A.M. and 9:00 P.M. at the location of the customer The text

No private right of action in § 399-z. After a hearing the Secretary of State "may assess a fine not to exceed twenty thousand dollars for each violation" (§ 399-z(14)(a)); § 399-z(14)(c) preserves other statutory and common-law rights (in practice, GBL § 349)

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 from 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. New York 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

Article 4-A tells the state Health Department to permit tattooists, body piercing specialists and their studios, but the statewide regulations that would make those permits real are still being developed, so there is no operating state permit to apply for yet. Until they land, the rules that actually bind you are your county or city health department's, and in New York City, the DOHMH's own artist license and its tattoo rules (24 RCNY ch. 22).

Body Art, Tattooing and Body Piercing (Public Health Law Article 4-A)

No set schedule. New York City's health department inspects tattoo premises on a complaint basis. In the city the inspector looks for the signed consents from the last 2 years, the license posted where clients can see it, the complaint sign, and sterile single-use needles, razors, ink cups and paper stencils.

Licensing

Your shop. On paper yes, Public Health Law § 461 says nobody may operate a tattoo studio without a permit from the state Health Department, but the rules behind that permit are not adopted, so in practice you check with your county or city health department. New York City licenses artists, not parlors.

Your artists. In New York City, yes: a DOHMH Tattoo Artist License, good for 2 years, after a 3-hour infection control course and a written exam ($100 application, $26 course). Outside the city, the state artist permit under § 461 is not yet operational, ask your county.

Guest artists and conventions. New York State's permit law was never put into effect, so a guest spot or a booth answers to the city or county. New York City gives an artist licensed elsewhere a 7-day temporary license, $50, to tattoo under the direct supervision of a city-licensed tattooist (the city's page says the license and photo ID badge come by mail within 3 weeks, and you cannot work until you have both), and Suffolk County wants the organizer's event application 21 days before ($210) and each booth's 14 days before ($95). A state law reaches every studio, a convention booth included: the studio keeps a copy of the client's needle confirmation form for at least 7 years.

NYC Admin. Code § 17-357(c); N.Y. Pub. Health Law § 467 The text

The licensing page

Using a generic waiver app in New York

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 New York that is 1 thing to set up and keep in step yourself:

  • A confirmation the artist and the client both sign before the work that the single-use needles were shown sealed and opened in front of the client

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

Try New York’s waiver form$50 a year, unlimited waivers

New York in our state-by-state posts

This page summarizes public regulations in plain language so you know what to look for, with the section each point comes from. It is not legal advice. Your local health department has the final word; ask them, and bring your records.