Tattooist Act proposed to allow non-medical practitioners to perform tattoo procedures

The “Tattooist Act,” which would allow non-medical practitioners to perform tattoo procedures, has also been proposed in the 22nd National Assembly.

On Wednesday, Rep. Park Joo-min of the opposition Democratic Party of Korea (DPK), who chairs the National Assembly's Health and Welfare Committee, proposed the Tattooist Act bill on March 31.

The proposed law would allow tattooists to practice tattooing, while the current law only allows medical practitioners with doctor’s licenses to do so.

The bill also stipulates the qualifications and qualification exams for tattooists. To practice tattooing, a tattooist must obtain a registration permit from the Minister of Health and Welfare. However, the registration can be denied or canceled if there are reasons for disqualification.

The bill requires tattooists to receive annual training on hygiene and safety management and stipulates the hygiene and safety management obligations of tattoo parlor owners. It also includes the establishment of a tattoo association to improve tattooists' work and promote their rights and interests.

The medical community strongly opposes the practice, arguing that non-medical personnel should not be allowed to perform invasive medical procedures on the human body.

However, there are growing voices in favor of allowing tattooists to practice tattooing after a court acquitted a cosmetologist accused of performing semi-permanent makeup for cosmetic purposes, including eyebrow tattooing, last year, saying that semi-permanent makeup procedures are not considered medical practices.

In 2022, the National Human Rights Commission of Korea also suggested that a Tattooist Act should be discussed to allow non-medical personnel to practice tattooing. This act would aim to ensure the safety and professionalism of tattooing procedures through prompt enactment of the law, as most tattooing is performed by non-medical personnel.

The Tattooist Act has been the subject of active legislative debate, with six bills introduced in the preceding 21st National Assembly alone.

“The current law does not have a clear legal basis to regulate the practice of tattooing. However, since the Supreme Court ruled in 1992 that tattooing is a medical practice, non-medical practitioners have been punished for violating medical laws,” Rep. Park noted.

Unlike when the Supreme Court ruled it, there is a significant gap between the law and reality, as the reason for getting tattoos is for cosmetic or aesthetic purposes, not medical purposes. Most tattooists are not medical practitioners, he added.

“By enacting the Tattooist Act, we aim to bridge the gap between law and reality by stipulating matters related to the license and scope of practice of tattooists, registration of business establishments, and hygiene and safety management,” Park explained.