1. (1) A body art procedure may not occur if:

   1. (a) either the body artist or the client is under the apparent influence of alcohol or other mind-altering drugs;
   2. (b) the client has not signed the consent form required by ARM 37.112.144; or
   3. (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. (2) If the client is under the age of 18, the parent or legal guardian must accompany the client throughout the procedure.

3. (3) A written physician referral is required before a body art procedure if the client:

   1. (a) is taking any drug or dietary supplements that may induce bleeding tendencies or reduce clotting;
   2. (b) has a medical condition that is known to cause bleeding tendencies or reduce clotting;
   3. (c) shows signs of recent intravenous drug use;
   4. (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
   5. (e) discloses or evidences allergies or contact sensitivity to pigments, soaps, or other substances that may be used in the procedure.
4. (4) The body artist may delay or require a medical referral before conducting any body art procedure for any person whose physical health, understanding, or judgment may be in question.

Authorizing statute(s): 50-48-103, MCA

Implementing statute(s): 50-48-103, MCA

History: NEW, 2007 MAR p. 351, Eff. 3/23/07; AMD, 2013 MAR p. 156, Eff. 2/1/13; AMD, 2025 MAR, 37-1072, Eff. 4/26/25.