Delaware

What the form asks in Delaware

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

• An allergies question: medicines, ointments, soaps, latex, anything put on the skin“History of allergies or adverse reactions to pigments, dyes, latex, or other skin sensitivities” (16 Del. Admin. Code 4451-6.2.1(d))
• A bleeding-disorder question“History of hemophilia (bleeding)” (16 Del. Admin. Code 4451-6.2.1(b))
• The medications and blood thinners question, always on“Antiplatelet drugs or NSAIDS (aspirin, ibuprofen, etc.) or any other drugs which thin the blood or interferes with blood clotting in the last 24 hours” (16 Del. Admin. Code 4451-6.2.1(f); healing, (g))
• A photo of the client's ID (on every form)“a copy of the client's state or federally issued photo ID with birthdate” (16 Del. Admin. Code 4451-6.3; the photocopy on the information card, 11 Del. C. § 1114(d)(2))
• The client's answer that they are not under the influence of drugs or alcohol, asked and printed on every form“Under the influence of drugs or alcohol” (16 Del. Admin. Code 4451-6.2.1(j); 11 Del. C. § 1114(b))
• Aftercare instructions, acknowledged in the consent (on every form)“These documents shall be signed and dated by the applicant.” (16 Del. Admin. Code 4451-6.1.1)

What the record must capture

• Client name, date of birth, and address
• A copy of the client's state or federally issued photo ID with birthdate
• Date of the procedure
• Name of the operator or technician who did the work
• Type and location of the procedure performed
• Client signature
• For a minor, proof the parent or guardian was present and consented

The record keeps a copy of the client's state or federally issued photo ID with birthdate (16 Del. Admin. Code 4451-6.3), and the statute attaches a photocopy of it to the information card the client completes at the time of the tattoo (11 Del. C. § 1114(d)(2)).

Who may see it. Delaware's rule says "All client records shall be confidential" and binds the Division of Public Health too: "The Division and the body art establishment shall keep such records confidential." (16 Del. Admin. Code 4451-6.2.3, 6.3)

"These records shall be retained for a minimum of 3 years from the date of service and available to the Division upon request." — 16 Del. Admin. Code 4451-6.3

A license on a phone in Delaware

Delaware does not issue a digital license. A license on a phone is not an ID a shop here can rely on.

What we read: Delaware DMV, 2026-09-11: the Mobile ID page (dmv.de.gov/mobileID/ and services.dmv.de.gov/mobileID/) answers 404, and the 'Mobile ID' link on the Driver Services page (dmv.de.gov/DriverServices/index.shtml) is commented out in its HTML (<!-- <li>…<a href="/mobileID/">Mobile ID</a></li> -->). The Delaware Mobile ID app (com.idemia.mobileid.us.de) answers 404 on Google Play and has no App Store listing, while the same checks find IDEMIA's Mississippi, New York and Kentucky apps (positive control). The Wayback Machine shows the DMV page live on 2026-03-10 and 404 on 2026-06-11 and 2026-09-02. 21 Del. C. ch. 27 subch. I has no mobile-license language. TSA list (2026-09-11): Delaware absent.

On waivers.tattoo: a shop can let its clients choose a saved photo of their ID in Settings. It starts off, and in Delaware a saved photo is only ever a picture of a card: a copy for your file, never proof of age.

Minors

18+. Minors only with conditions. No age floor. You need the parent's or legal guardian's prior written consent to the specific act of tattooing, and the consent form must be notarized. The record rule also expects proof the parent or guardian was present and consented. A first offense is a class B misdemeanor, with civil liability of actual damages or $1,000, whichever is greater. In the statute's words, 11 Del. C. § 1114(a): "No person shall knowingly or negligently tattoo, brand or perform body-piercing on a minor unless that person obtains the prior written consent of the minor's parent over the age of 18 or legal guardian to the specific act of tattooing, branding or body-piercing." § 1114(c): "Consent forms required by subsection (a) of this section shall be notarized." And § 1114(f)(4) defines a minor as "an individual under 18 years of age who is not emancipated". The record rule, 16 Del. Admin. Code 4451 § 6.3, keeps for every client "a copy of the client's state or federally issued photo ID with birthdate (i.e., driver's license, state ID, passport, immigration card, etc.)" and, "if the client is a minor, proof of parental or guardian presence and consent, i.e. signature".

"No person shall knowingly or negligently tattoo, brand or perform body-piercing on a minor unless that person obtains the prior written consent of the minor's parent…or legal guardian." — 11 Del. C. § 1114(a)

On waivers.tattoo: turn on Tattooing 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. Delaware’s rule has the form ask for the minor’s own photo ID too. The signed waiver prints what Delaware requires.

Piercing a minor

18+ to sign alone. Minors only with conditions. Prior written consent from the minor's parent over the age of 18, or legal guardian, to THE SPECIFIC ACT of body-piercing, and the consent form must be notarized. The health rules also want proof of parental or guardian presence and consent in the client record, kept 3 years. The statute's minor is "an individual under 18 years of age who is not emancipated" (§ 1114(f)(4)), and the record keeps for every client "a copy of the client's state or federally issued photo ID with birthdate (i.e., driver's license, state ID, passport, immigration card, etc.)" (4451 § 6.3).

The statute defines body-piercing as perforation of human tissue EXCLUDING the ear; the health rules narrow ear piercing to the outer perimeter or lobe with a pre-sterilized single-use stud and clasp system.

Class B misdemeanor for a first offense, class A for a second or subsequent; plus civil liability for actual damages or $1,000, whichever is greater, with court costs and fees

11 Del. C. § 1114(a), (c); 16 Del. Admin. Code 4451-6.3 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 Delaware requires.

What the consent form must say

• A release the client signs confirming the health questions were asked

"The operator/technician shall require the client to sign a Release Form confirming that the above information was obtained or attempted to be obtained." — 16 Del. Admin. Code § 4451-6.2.2

Health history and aftercare

Before the work, get the client to disclose diabetes, high blood pressure or a heart condition, hemophilia, skin disease or sensitivities to soaps or disinfectants, allergies or bad reactions to pigments, dyes or latex, epilepsy, seizures, fainting or narcolepsy, blood thinners or NSAIDs in the last 24 hours, medication that slows healing, a communicable disease, pregnancy in the last 3 months, and whether they are under the influence, then have them sign the release confirming you asked. Educational information and aftercare instructions, both approved by the Division, are given out loud and in writing, the aftercare when the work is done, and the client signs and dates them.

"(b) History of hemophilia (bleeding); (c) History of skin diseases, skin lesions, or skin sensitivities to soaps or disinfectants" — 16 Del. Admin. Code 4451-6.2.1

Texting your clients in Delaware

8am to 9pm, the client’s local time, from federal law. Delaware sets no hours of its own. What it does set is different in kind: 6 Del. C. §§ 2501A-2510A (Delaware Telemarketing Fraud Act), esp. § 2507A(a)(3)-(4) and § 2508A(b), in force since 2000-01-28. It does not say whether a text is a call. Treat it as if it is.

Consent. No state consent standard for a marketing text. Delaware's rule is a stop-means-stop duty rather than an opt-in one: once a customer says stop, § 2507A(a)(3) bars contacting them for TEN YEARS. 'Express verifiable authorization' in § 2507A(a)(1) is about taking payment, not about permission to message.

Your own clients. No EBR exemption from the 10-year do-not-contact duty - § 2507A(a)(3) applies to 'any customer' and having a relationship is what makes them a customer. There IS an exemption from the REGISTRATION requirement: § 2503A(g)(3) exempts a seller who has run a Delaware retail establishment for at least one year under the same trade name used in telemarketing, where merchandise is displayed and offered for sale there and more than 50% of annual sales are delivered at that location. § 2505A(2) also excludes customer-initiated communications.

It reaches your sender too. A service that texts on your behalf is inside this rule with you. Hiring one does not move the duty off the shop.

Wilfully call or contact any customer by telephone for any purpose connected with or related to the sale or advertising of merchandise for 10 years after having been directed, orally or in writing, by the customer The text

Private right of action with actual and punitive damages. 6 Del. C. § 2508A(b): 'Any customer who suffers a loss or harm as a result of a violation or prohibited act or practice under this chapter, in addition to any other rights of action allowed by law, may recover actual and punitive damages, attorney's fees, court costs and any other remedies provided by law, including equitable relief.' § 2508A(a) also makes a sale by an unregistered, non-exempt seller voidable.

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. Delaware 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

One state agency does all of it, plan review, the permit, and the inspections. Delaware has no county body art programs, so there is only one set of rules to satisfy no matter where the shop is.

Body Art Program (Health Systems Protection / Office of Community Environmental Health Services)

At least once every 12 months, plus before the permit is issued, after construction or alteration, and whenever a complaint comes in. You have to let the inspector into the establishment and hand over any information and records the regulations require.

Licensing

Your shop. Yes, a permit from the Division of Public Health. Submit a plan and get it approved, pass a pre-operational inspection, pay $100, and renew every year. Temporary permits run 14 days.

Your artists. No individual artist license. The rule only requires that an operator or technician be at least 18.

Guest artists and conventions. Delaware licenses no individual artist; the place holds the permit. Since February 11, 2026 a temporary body art establishment covers a convention or other single event for up to 14 consecutive days, applied for at least 10 business days before it starts, but the rule's permit section still limits temporary permits to "educational, trade show, or product demonstration purposes only", so confirm with the Division of Public Health that it will permit your event. The rule leaves the fee "as set by the Division", and the Division's form says no fee is charged.

16 Del. Admin. Code 4451 The text

The licensing page

Using a generic waiver app in Delaware

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 Delaware that is 3 things to set up and keep in step yourself:

• An allergies question: medicines, ointments, soaps, latex, anything put on the skin
• A bleeding-disorder question
• The medications and blood thinners question, always on

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

Delaware in our state-by-state posts

• 19 states give a guest tattoo artist a short-term license, 11 never license the artist, and the signed waivers stay with the shop in almost every state
• 15 states make you keep a copy of a tattoo or piercing client's ID. 10 say who may see it, 1 says when to shred it.
• Do you need a license to tattoo? 36 states license the shop, 29 license the artist, 10 license neither
• How often does the health inspector come to a tattoo shop? 15 states set a clock. 14 say nothing.
• Who inspects your tattoo shop? The regulator in every state, and the number to call first
• 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? 21 states say yes. Here are the questions.
• Do you have to give tattoo aftercare instructions in writing? 40 states say yes.
• Is a tattoo consent form signed on a phone legal? Yes, since 2000. Here is what your state adds on top.
• What has to be on a tattoo consent form? 33 states say. Here is every line they name.
• 27 states make you check ID before a tattoo. The other 24 give you a reason to.
• How long do you have to keep tattoo consent forms? Every state, one table