New York

What the record must capture

• Customer's name
• Age
• Date of birth
• Address
• Telephone number
• The date tattooed
• The body site tattooed

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.

"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." — NYC Health Code § 22-11

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: turn on “Choose from library” in Settings and a client whose license lives on their phone can pick a saved photo of their ID for your file. It starts off, and 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.

'Body piercing' is defined as 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. The signed waiver prints what New York requires.

What the consent form must say

• 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." — NYC Health Code § 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." — NYC Health Code § 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 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. 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 licensing and health code.

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

• NYC Department of Health and Mental Hygiene, Tattoo Artist License · All 5 boroughs of New York City
• NYC Health Code ch. 22 (Tattooists and Applying Tattoos), the city's operative tattoo rules: signed written consent per customer kept 2 years, written aftercare, posted license, single-use equipment · All 5 boroughs of New York City
  The only operating rule: the state's permits are not running yet. Every artist needs a city license, and each client signs a written consent that the licensed artist keeps 2 years, ready for the inspector. The rule does not say whether it may be kept electronically. The source
• NYC Administrative Code tit. 17, ch. 3, subch. 7, the Tattoo Regulation Act (license required, no tattoo under 18, tattooist keeps a record of every customer) · All 5 boroughs of New York City
• Oneida County Health Department, Environmental Health · Oneida County (Utica, Rome)
  No body art permit of its own. The department's fee schedule (rev. 12/25) lists every operation it permits, from food service to tanning facilities, and none of them is tattooing or piercing. Its county sanitary code is not posted, so whether it says more is unconfirmed. The source
• Clinton County Health Department, Environmental Health · Clinton County (Plattsburgh)
  No body art rule of its own. The Clinton County Sanitary Code, in effect since March 18, 2024, runs from food service to tanning facilities and cooling towers, and no article of it covers tattooing or piercing. The source
• Cortland County Health Department, Environmental Health · Cortland County (Cortland)
  No body art rule of its own. The Cortland County Sanitary Code (amended April 1, 2026) has no body art article, and its fee schedule lists a tattoo parlor and a tattoo or piercing artist as "State Regulated", with no county permit or fee. The source
• Franklin County Public Health · Franklin County (Malone)
  No body art rule of its own found. The county's public health programs are home health, chronic disease, emergency preparedness, preventive and family health services, and it sends environmental questions to the Environmental District Office, (518) 891-1800. The source

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.

The licensing page

New York 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