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Piercing with HIV – Ending the stigma

It is currently estimated that over 100,000 people in the UK are living with HIV, both un-diagnosed and diagnosed. But what does it mean for people with HIV when they want to get a tattoo or piercing? In an ideal world, it should mean absolutely nothing!

Unfortunately, there is still a huge stigma that surrounds HIV which means if they choose to disclose this information to their artist or piercer, they may be refused service. Not only is this morally wrong, but it is also illegal. Refusing to tattoo or pierce and individual because they are HIV positive is discrimination under the 1Equality Act of 2010. HIV positive people are automatically protected under the category of disability, which can be found in clause 6 of the act.

Disability

(1)A person (P) has a disability if—

(a)P has a physical or mental impairment, and

(b)the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities.

The definition is very broad, however the Govt website explicitly states that people with HIV automatically meet the disability definition. In conclusion, it is ILLEGAL to refuse service to a person who is HIV positive.

2Progressive conditions

A progressive condition is one that gets worse over time. People with progressive conditions can be classed as disabled.

However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis.

You do not have to disclose your HIV status to us if you do not wish. 3Nobody can force you to disclose that status.

It is important to note that HIV is not a contradiction to tattooing and piercing. This means even though you legally do not have to tell us if you have HIV, you morally don’t have too neither. Any safe practicing tattoo and piercing studio will NEVER refuse service due to HIV. We work to standard precautions with full blood-borne pathogen training. Every single service we offer is performed to the highest level of safety we can. Your diagnosis makes zero difference to the way we carry out our work, or the way we treat you as a person!

Examples of universally used precautions include (but are not limited to):

  • New/clean equipment between people e.g. disposable gloves, single used needles, sterilised tools/jewellery.
  • Appropriate disposal of sharps (needles) and contaminated waste, with appropriate arrangements in place for safe collection.
  • New ink for each client.
  • Jewellery that comes in contact with broken skin (e.g. a piercing) must not be reused or shared.
  • Appropriate steps followed if a needlestick injury occurs.

4It is estimated that out of the 100,000 people in the UK living with HIV today, are diagnosed and on effective medication. This means that the virus is undetectable in their blood, and there is zero risk of transmission via sex, and very low risk via a needlestick injury. So much so, that national guidelines do not recommend PEP in these instances! On the other hand, someone living with HIV who isn’t diagnosed, or without effective treatment can pass on the virus. This is why there is a need for universal precautions.

Unfortunately, studios do have to ask if you about HIV and other blood-borne pathogens (you’ll often see it wrote into the consent form). This isn’t because we need to do anything differently during your appointment. This is because often it is wrote into A) the local bylaws and/or B) written into contracts with the local waste collection company, who handle our sharps and contaminated waste.
Contaminated waste is handled in 4 different ways and all depends on the category they fit into.
1: Incineration – This method is often used for large volumes of infectious waste, animal carcasses, and contaminated bedding materials.
2: Landfilling – Toxic waste can be buried in landfills that are designed to be “permanently” sealed.
3: Treatment – Hazardous waste can be treated using chemical, thermal, biological, or physical methods. Treatment can make waste less harmful, easier to handle, or easier to recover. For example, chemical waste and many bulk hazardous liquid wastes are treated in a treatment plant before being disposed of. 
4: Recycling – Some hazardous wastes can be recovered and recycled. For example, solvents and waste oils can be recovered and recycled as chem-fuels.

An NHS chart detailing the different types of waste.5

Waste companies ask that if we have performed a piercing on someone who has HIV that we tell them so that the waste can be dealt with appropriately via incineration instead of landfill.
At Rogue, we do not believe that this is appropriate. We have strong beliefs that any waste that is considered “contaminated” should be appropriately disposed through incineration, and definitely NOT a landfill. As a studio, we specifically have it written into our contract (by our choice) that all of our waste is disposed of via incineration. Not only is this because we feel that you shouldn’t have to disclose your HIV status to us if you do not wish, but because we also have respect for those who handle our waste.

Every single human deserves to be treated like a person and with the same level of respect and kindness.
HIV is not a death sentence. Piercings and tattoos are for everyone.

If you are living with HIV and would like support, or you would like more information, here are some resources:

  1. https://www.thompsons-scotland.co.uk/blog/employment-law/is-it-illegal-to-refuse-those-living-with-hiv-a-tattoo-or-other-cosmetic-treatments#:~:text=In%20accordance%20with%20the%202010,other%20clients%20from%20HIV%20transmission.
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  2. https://www.gov.uk/definition-of-disability-under-equality-act-2010#:~:text=People%20with%20progressive%20conditions%20can,infection%2C%20cancer%20or%20multiple%20sclerosis.
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  3. https://www.nhs.uk/conditions/hiv-and-aids/living-with/#:~:text=Nobody%20can%20force%20you%20to,strongly%20recommended%20that%20you%20do. ↩︎
  4. https://www.nat.org.uk/sites/default/files/publications/Joint%20statement%20on%20HIV%20in%20tattooing%20and%20cosmetic%20procedures_0.pdf ↩︎
  5. https://communityhealthpartnerships.co.uk/tenants/understanding-clinical-waste/ ↩︎

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