HIV, Tattoos & The Law: Why Artists Can’t Ask About Your Status

If you’ve ever worried that you might need to disclose your HIV or AIDS status before getting tattooed, here’s the truth: in both Canada and the United States, it’s illegal for tattoo artists to ask.

Human Rights & Disability Protection

• In Canada, HIV is considered a disability under the Canadian Human Rights Act and provincial codes. Service providers — including tattoo shops — cannot refuse service or demand disclosure.

• In the U.S., the Americans with Disabilities Act (ADA) offers the same protection. Asking a client about their HIV status would be seen as discrimination.

Why Tattoo Artists Don’t Need to Know - The law already requires tattooists to follow universal precautions:

• Gloves, sterilization, single-use needles

• Fresh ink poured into disposable caps

• Proper disposal of sharps and contaminated materials

These standards mean every client is treated with the same level of care, regardless of HIV status.

The Difference Between HIV and Hepatitis - Hepatitis B and C can survive longer outside the body, which is why tattoo regulations are strict. But even then, precautions cover all bloodborne pathogens, not just HIV.

What “Undetectable” Means - Many people living with HIV are on effective treatment and reach “undetectable” viral loads. That means the virus is so low in their blood it can’t be passed sexually — and it’s already irrelevant in tattooing due to universal precautions.

So the next time you hear someone claim artists “need to ask” about HIV status, remember:

• It’s illegal to ask.

• It’s unnecessary for safety.

• And most importantly, clients deserve stigma-free, equal access to tattoo services.

Professional tattooing is built on safety protocols that protect everyone — not on personal medical disclosures.