Numerous professionally qualified Cosmetic Tattooists have have described the difficulties they have experienced when communicating their concerns to local health regulators regarding the application of regulations to MicroBlading services, in this update I discuss the challenges.
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Health regulators in several countries such as
Australia, the UK, USA etc seem to be taking a disparate view of MicroBlading services
from state to state, some are considering or applying very restrictive requirements whilst others seem to be of the opinion that MicroBlading is exempt from the definitions utilised for existing tattoo regulations. This situation creates a uncertainty and concern for the professionally trained and experienced cosmetic tattooists
particularly throughout the United States due to the lack of uniformity of regulations and the perception that stricter regulations in some states may exclude professionally trained cosmetic tattooists from providing MicroBlading services and lack of regulations in other states may result in a public health risk.
In the overwhelming majority of circumstances MicroBlading does not involve the use of an actual blade, MicroBlading is performed using a hand tool with an attached needle group manufactured in a linear profile which may have a slope, curve or U shape.
For example on the 29th of December 2015 the U.S. Court of Appeals for the 11th Circuit overturned a District Court ruling against a Florida tattooist named Brad Buehrle which was blocking his application to open a tattoo shop in the city's historic district1, whilst the district court had agreed that tattooing constitutes artistic expression protected by the First Amendment the court nevertheless found that the ordinance to be a reasonable time, place, and manner restriction, however the 11the circuit reversed the summary judgment because, the court found that, "the City has failed to show that the ordinance is a reasonable time, place, and manner restriction".
Therefore any interpretation that MicroBlading may not be 'indelible' is completely moot because no form of tattooing lasts forever unchanged, it is more a case of how long before refresh tattooing will be required to keep the tattoo looking optimal.
The same procedural risks apply to MicroBlading as would apply to any form of tattoo service therefore it makes sense to utilise existing health regulations to control the provision of the service.
Q: Does MicroBlading Implant Pigment in the Dermis or the Epidermis?
Date of most recent revision:
21/05/2016 (mutatis mutandis)
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