Delaware

What the record must capture

• Client name, date of birth, and address
• 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

A photocopy of the client's identification is attached to the information card the client completes at the time of the tattoo (11 Del. C. § 1114(d)(2)).

"Such records shall be retained for a minimum of three (3) years from the date of service and available to the Division upon request." — 16 Del. Admin. Code § 4451-6.3.1

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.

"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. 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 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) 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, a history of hemophilia, skin disease or sensitivities to soaps and disinfectants, allergies or bad reactions to pigments and dyes, epilepsy, seizures, fainting or narcolepsy, and blood thinners, then have them sign the release confirming you asked. No aftercare requirement turned up in the sections read for this card.

"(a) Diabetes; (b) History of hemophilia (bleeding); (c) History of skin diseases, skin lesions or skin sensitivities to soaps, 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.

The licensing page

Delaware in our state-by-state posts

• 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? 20 states say yes. Here are the questions.
• Do you have to give tattoo aftercare instructions in writing? 38 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? 32 states say. Here is every line they name.
• 26 states make you check ID before a tattoo. The other 25 give you a reason to.
• How long do you have to keep tattoo consent forms? Every state, one table