North Dakota

What the form asks in North Dakota

North Dakota’s rule names things the standard waiver form did not ask. A shop in North Dakota gets them by default: the questions on its form, each client’s signed copy by email, the rest on its record in the shop app.

• An allergies question: medicines, ointments, soaps, latex, anything put on the skin (through September 30, 2026)“History of allergies or adverse reactions to pigments, dyes, or other skin sensitivities” (N.D. Admin. Code § 33-41-01-05(1)(d))
• An allergies question: medicines, ointments, soaps, latex, anything put on the skin (from October 1, 2026)“Do you have any allergies or adverse reactions to dyes, pigments, latex, iodine, or other such products?” (N.D. Admin. Code § 33-41-01.1-07(1)(b)(5))
• A bleeding-disorder question (through September 30, 2026)“History of hemophilia (bleeding)” (N.D. Admin. Code § 33-41-01-05(1)(b))
• A bleeding-disorder question (from October 1, 2026)“Do you have hemophilia, epilepsy, a history of seizure, fainting, narcolepsy, or other conditions which could interfere with the body art procedure?” (N.D. Admin. Code § 33-41-01.1-07(1)(b)(6))
• The medications and blood thinners question, always on (through September 30, 2026)“Use of medications such as anticoagulants, which thin the blood or interfere with blood clotting” (N.D. Admin. Code § 33-41-01-05(1)(f), other medications at (1)(g))
• The medications and blood thinners question, always on (from October 1, 2026)“Have you ingested anticoagulants, antiplatelet drugs, or nonsteroidal anti-inflammatory drugs such as aspirin or ibuprofen in the last twenty-four hours?” (N.D. Admin. Code § 33-41-01.1-07(1)(b)(3); a medication that may inhibit healing, (1)(b)(4))
• Whether the client has eaten in the last 4 hours (from October 1, 2026)“Have you eaten within the past four hours?” (N.D. Admin. Code § 33-41-01.1-07(1)(b)(1))
• The client's answer that they are not under the influence of drugs or alcohol, asked and printed on every form (from October 1, 2026)“Are you under the influence of drugs or alcohol?” (N.D. Admin. Code § 33-41-01.1-07(1)(b)(2))
• Aftercare instructions, acknowledged in the consent (on every form) (through September 30, 2026)“Verbal and written instructions, approved by the department, for the aftercare of the body art procedure site shall be provided to each client by the operator upon completion of the procedure.” (N.D. Admin. Code § 33-41-01-04(1))
• Aftercare instructions, acknowledged in the consent (on every form) (from October 1, 2026)“Has received and understands verbal or written aftercare.” (N.D. Admin. Code § 33-41-01.1-07(3)(d))
• A photo of the client's ID (on every form) (from October 1, 2026)“A copy of the client's state-issued driver's license, passport, military identification, or other government-issued photo identification with birthdate” (N.D. Admin. Code § 33-41-01.1-07(1)(d)(6))
• A note after the procedure, written on the record from the shop's dashboard“Any complications that occurred during the body art procedure” (N.D. Admin. Code § 33-41-01.1-07(2)(j), effective 2026-10-01)
• A box the client ticks: they are doing this of their own free will and have read and understood the form“Is obtaining services voluntarily of the client's own free will and volition” (N.D. Admin. Code § 33-41-01.1-07(3)(a), (b), effective 2026-10-01)
• The risks of a tattoo the state's rule lists, in writing on a tattoo's consent (from October 1, 2026)“A risk notification section that provides information detailing the risks and possible consequences of the body art procedure, such as complications including infection, allergic reaction, and scarring.” (N.D. Admin. Code § 33-41-01.1-07(1)(a); the physician sentence, (1)(b))
• The risks of a piercing the state's rule lists, in writing on a piercing's consent (from October 1, 2026)“A risk notification section that provides information detailing the risks and possible consequences of the body art procedure, such as complications including infection, allergic reaction, and scarring.” (N.D. Admin. Code § 33-41-01.1-07(1)(a); the physician sentence, (1)(b))
• The artist's own signature, drawn on the record from the shop's dashboard after the work (from October 1, 2026)“Signature of the body artist verifying the information provided” (N.D. Admin. Code § 33-41-01.1-07(2)(k))
• A copy of the signed waiver emailed to the client the moment they sign, to the email they typed (through September 30, 2026)“signed and dated by both parties, with a copy given to the client” (N.D. Admin. Code § 33-41-01-04(1))
• A copy of the signed waiver emailed to the client the moment they sign, to the email they typed (from October 1, 2026)“A physical or digital copy of the signed written informed consent and release form must be offered to the client.” (N.D. Admin. Code § 33-41-01.1-07(1))

What the record must capture

• Client's name and signature
• Date of birth
• Address
• Date and time of the procedure
• Name of the operator who did the work
• Type and location of the procedure on the body
• For a minor, signed proof of parent or guardian presence and consent
• From October 1, 2026 (the Body Art Code, § 33-41-01.1-07): the client's name and date of birth as they appear on their photo ID, a copy of the ID, their residential address and phone number, the body artist's name, the procedure and its location on the body, the date and time, any complications, and the body artist's signature

For a client under 18 the rule requires proper identification of the parent, legal custodial parent or guardian, on top of their presence and written consent; there is no statewide photo-ID rule for adult clients, but Fargo requires one for everybody. From October 1, 2026 the Body Art Code has every client's record carry a copy of their state-issued driver's license, passport, military ID or other government-issued photo ID with their birthdate (§ 33-41-01.1-07(1)(d)(6)).

Who may see it. Under the rule in force through September 30, 2026, "All client records shall be confidential", and the health department is bound too: "The department and the body art establishment shall keep such records confidential." The code that replaces it on October 1, 2026 says "Client records must be stored in a secure location on the premises". (N.D. Admin. Code 33-41-01-05(3), 33-41-01-06; ch. 33-41-01.1 from Oct. 1, 2026)

"All client records shall be confidential and be retained for a minimum of three years and made available to the department upon notification." — N.D. Admin. Code § 33-41-01-05(3) (through Sept. 30, 2026); § 33-41-01.1-06(4) says three years again from Oct. 1, 2026

A license on a phone in North Dakota

North Dakota’s digital license is a real ID. It lives in Apple Wallet, Google Wallet and Samsung Wallet. North Dakota DOT Driver License Division, Mobile ID for Business:

North Dakota Mobile ID offers businesses a secure and convenient way to validate customer age and identity. Available on Apple and Android devices, this digital driver’s license/ID provides a reliable alternative to physical cards, streamlining verification processes, and improving customer privacy and experience. The text

A picture of one is not. “North Dakota Mobile ID is currently the ONLY form of mobile phone-based identification that is recognized by North Dakota, and it is only available to individuals that have a current, valid North Dakota-issued driver license or ID card.” 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 North Dakota requires.

Minors

18+. Minors only with conditions. A minor can be tattooed only when it "takes place in the presence of and with the written consent of the individual's parent or legal guardian", and the rules add the "proper identification of a parent, legal custodial parent, or legal guardian". The signed proof of their presence and consent goes into the client record. From 2026-10-01 the new Body Art Code adds the minor's own: "Identification for the minor must include a state-issued driver's license or government-issued photo identification if available, or a copy of the minor's birth certificate." A city or county can be stricter: a political subdivision "may enact and enforce an ordinance restricting tattooing" if it is "equal to or more stringent than this section". Nothing requires any shop to tattoo a minor, and plenty decline.

"...to tattoo... an individual who is under eighteen years of age unless the tattooing... takes place in the presence of and with the written consent of the individual's parent or legal guardian." — N.D.C.C. § 12.1-31-13(2); N.D. Admin. Code § 33-41-01-03(9); from 2026-10-01, § 33-41-01.1-07(1)(d)(7)

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. North Dakota’s rule has the form ask for the minor’s own photo ID (from October 1, 2026) too. The signed waiver prints what North Dakota requires.

Piercing a minor

18+ to sign alone. Minors only with conditions. A parent, legal custodial parent or legal guardian physically present, giving written consent, and showing proper identification. Nothing requires a shop to pierce a minor at all, and the rule says so. From 2026-10-01 the Body Art Code adds the minor's own: "Identification for the minor must include a state-issued driver's license or government-issued photo identification if available, or a copy of the minor's birth certificate." (N.D. Admin. Code § 33-41-01.1-07(1)(d)(7)).

Split. The health rule excludes an outer-perimeter or lobe piercing done with a presterilized single-use stud-and-clasp system from both 'body art' and 'body piercing'. The criminal statute's 'pierce' has no such carve-out and reaches any part of the body, so the class B misdemeanor still applies.

Off limits for a minor even with consent: From October 1, 2026: "Body artists may not perform genital or nipple piercings on individuals under eighteen years of age. A parent or guardian may not consent to genital or nipple piercings performed on a minor." (N.D. Admin. Code § 33-41-01.1-16(2)). Through September 30, 2026 the chapter in force bars no site..

Class B misdemeanor

N.D.C.C. s 12.1-31-13(2); N.D. Admin. Code s 33-41-01-03(9) (through Sept. 30, 2026); s 33-41-01.1-07(1)(d)(7) and s 33-41-01.1-16(2) (from Oct. 1, 2026) 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. North Dakota’s rule has the form ask for the minor’s own photo ID (from October 1, 2026) too. The signed waiver prints what North Dakota requires, and from October 1, 2026 the form refuses genital and nipple piercings.

What the consent form must say

• Confirmation the health questions were asked, or that you tried
• The client's signature
• Signed and dated acknowledgment of the education and aftercare handouts
• For a minor, the parent or guardian's written consent and signature
• From October 1, 2026 (§ 33-41-01.1-07): a risk notification section, the client evaluation's ten questions in the rule's own words, an aftercare section, the client information section, and the client's signed statements that they act of their own free will, have read and understood the form, can ask questions, and have received and understand aftercare

"The operator shall ask the client to sign a release form confirming that the information described in subsection 1 was obtained or that the operator attempted to obtain the information." — N.D. Admin. Code § 33-41-01-05(2) (through Sept. 30, 2026); § 33-41-01.1-07 from Oct. 1, 2026

Health history and aftercare

The rules spell out the health questions: diabetes, hemophilia, skin disease or sensitivities, pigment allergies, epilepsy or fainting, blood thinners, medications beyond routine antibiotics/allergy meds/birth control, hepatitis, HIV, high blood pressure or heart disease, pregnancy, contagious disease, immune disorders, and serious physical or mental health problems. The client signs a release confirming you asked. Department-approved education goes out before the work and department-approved written aftercare goes out after it, both signed and dated by both sides, client keeps a copy, you keep the original with the record. The department's disclosure statement and the complaint-filing notice have to be posted in public view. From October 1, 2026 the Body Art Code's client evaluation section asks ten set questions in the rule's own words, headed "Consult a physician prior to the procedure if you have any concerns about any of the questions below": eaten in the past four hours, drugs or alcohol, anticoagulants or NSAIDs in the last 24 hours, a medication that may slow healing, allergies to dyes, pigments, latex or iodine, hemophilia, epilepsy, seizures, fainting or narcolepsy, diseases that inhibit healing, communicable diseases, diabetes, high blood pressure or heart disease, and pregnancy within the last three months (§ 33-41-01.1-07(1)(b)).

"Verbal and written instructions, approved by the department, for the aftercare of the body art procedure site shall be provided to each client by the operator upon completion of the procedure." — N.D. Admin. Code § 33-41-01-04(1); the questions from Oct. 1, 2026 are § 33-41-01.1-07(1)(b)

Texting your clients in North Dakota

8am to 9pm, the client’s local time. N.D. Cent. Code ch. 51-28 (Telephone Solicitations); hours at § 51-28-05. It names text messages, so a text counts.

Consent. A communication is not a "telephone solicitation" at all if made "[t]o any subscriber with that subscriber's prior express written request, consent, invitation, or permission" (§ 51-28-01(8)(a)). The statute requires the consent be WRITTEN but does not spell out a form.

Your own clients. Not a "telephone solicitation" if made "[b]y or on behalf of any person with whom the subscriber has an established personal or business relationship" (§ 51-28-01(8)(b)). "Established business relationship" is defined at § 51-28-01(4) as a purchase, rental or lease of the seller's goods or services, or a financial transaction, "within the twenty-four months immediately preceding the date of a telemarketing call." A 24-month limit, longer than most.

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.

A caller may not use an automatic dialing-announcing device nor make any telephone solicitation before eight a.m. or after nine p.m. at the telephone subscriber's location. The text

Private right of action, § 51-28-11: "Any person who receives a telephone solicitation or message in violation of this chapter may bring an action to enjoin such violation, or for damages, or both." Actual damages or up to $2,000 per violation, whichever is greater, plus costs, expenses and reasonable attorney fees. § 51-28-19 makes "each telephone solicitation or message" a separate violation. One-year limitations period (§ 51-28-12)

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. North Dakota 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

The state's Food and Lodging unit licenses and inspects body art establishments and publishes the list of who is licensed, except where a local health unit does it instead: in Williams, Divide, McKenzie and Mountrail counties the Upper Missouri District Health Unit licenses and inspects under rules of its own. And the Century Code lets any city or county pass its own ordinance as long as it is at least as strict, Fargo has done exactly that, so a Fargo shop answers to Fargo Cass Public Health on top of the state rules.

Food and Lodging, Tattoo and Body Art Establishments (N.D. Admin. Code art. 33-41: ch. 33-41-01 through Sept. 30, 2026; ch. 33-41-01.1, the Body Art Code, from Oct. 1, 2026)

• Fargo Cass Public Health, Regulations for Owners and Operators of Body Art Establishments (Fargo Municipal Code art. 25-33). Stricter than the state: photo ID required for every client, and the ID of any client under 18 photocopied into their record. · City of Fargo
• Upper Missouri District Health Unit, Environmental Health, Body Art · Williams County (Williston), with Divide, McKenzie and Mountrail counties
  The district health unit, not the state, licenses and inspects body art shops here, under rules it adopted in 2008 from the state's chapter: operators certified in CPR and bloodborne pathogens, the license fee doubled after January 31, and records kept 3 years. The source

No fixed number. The rule says inspections happen as often as necessary through the year to ensure compliance. The inspector shows identification on the way in, then wants the client records, the sterilizer spore-test results kept 3 years, the posted license, and the posted disclosure statement and complaint notice. You get a copy of the report; the department keeps the original.

Licensing

Your shop. Yes, a body art establishment license from the department, not transferable between people or places, posted somewhere clients will readily see it: $135 a year through September 30, 2026, and $160 a year from October 1, 2026 under the Body Art Code (§ 33-41-01.1-20), with a $100 administration fee plus half the annual fee for a plan review on a first application and a late fee of half the annual fee for a renewal after December 31. Temporary licenses cover conventions and demonstrations, and mobile establishments have their own rules.

Your artists. No separate state artist license under either chapter. Through September 30, 2026 every operator must be at least 18, certified in CPR, and vaccinated against hepatitis B (or documented as immune or medically exempt), and must start the vaccine series within 30 days of starting work. From October 1, 2026 the Body Art Code has the establishment file each body artist's current CPR and first aid certification and bloodborne pathogen training with its license application (§ 33-41-01.1-15(8)(d)), and every person working in the shop must be at least 18 (§ 33-41-01.1-15(8)(g)).

Guest artists and conventions. North Dakota licenses no individual artist. Through September 30, 2026 an event takes a temporary establishment license for up to 14 calendar days, requested in writing at least 30 days before; from October 1, 2026 the new code names conventions, prices the license by its number of "temporary or guest body artists" ($50 for up to 5, $150 for more than 10), and ends it after 14 days or with the event, whichever is sooner. Fargo licenses visiting technicians at its events itself, and the temporary establishment keeps the client records 3 years.

N.D. Admin. Code ch. 33-41-01 (through Sept. 30, 2026); ch. 33-41-01.1 (from Oct. 1, 2026) The text

The licensing page

Using a generic waiver app in North Dakota

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 North Dakota that is 14 things to set up and keep in step yourself:

• An allergies question: medicines, ointments, soaps, latex, anything put on the skin
• An allergies question: medicines, ointments, soaps, latex, anything put on the skin
• A bleeding-disorder question
• A bleeding-disorder question
• The medications and blood thinners question, always on
• The medications and blood thinners question, always on
• Whether the client has eaten in the last 4 hours
• A note after the procedure, written on the record from the shop's dashboard
• A box the client ticks: they are doing this of their own free will and have read and understood the form
• The risks of a tattoo the state's rule lists, in writing on a tattoo's consent
• The risks of a piercing the state's rule lists, in writing on a piercing's consent
• The artist's own signature, drawn on the record from the shop's dashboard after the work
• A copy of the signed waiver emailed to the client the moment they sign, to the email they typed
• A copy of the signed waiver emailed to the client the moment they sign, to the email they typed

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

North Dakota 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
• 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.
• 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