Report Title:

Tattoos; Parental Consent

 

Description:

Requires minors to inform tattoo artists of their minority status and to either have the minor's parent or guardian present or their written notarized consent for the procedure, which identifies the description and part of the body to which the design will be applied. Requires tattoo artists to notify all prospective clients of need for parental consent if the client is a minor and to obtain parental consent from the parent or guardian if the client is a minor. (HB124 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

124

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TATTOOS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part XXX to be appropriately designated and to read as follows:

"321-    Parental consent for minors to obtain permanent tattoos. No tattoo artist shall apply any permanent tattoo without first:

(1) Informing all prospective clients that parental consent is required for any minor who requests the application of a permanent tattoo;

(2) Ascertaining, by reasonable request for identification, the prospective client's status as a minor or adult; and

(3) If the prospective client is a minor, obtaining consent from the minor's parent or legal guardian in person or obtaining written notarized consent from the parent or guardian identifying the design to be used and the part of the body to which the design is to be applied."

SECTION 2. Chapter 577, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"577-    Parental consent for minors to obtain permanent tattoos. (a) Except as provided in subsection (b), no minor shall have a permanent tattoo applied to any part of the minor's body:

(1) Unless the minor first informs the tattoo artist, regulated under part XXX of chapter 321, of the minor's status as a minor; and

(2) Without the minor's parent or legal guardian being present and authorizing the tattoo.

(b) If the minor's parent or legal guardian is unable to accompany the minor and consent to the application of a permanent tattoo, the minor may provide written notarized consent from the minor's parent or legal guardian to the licensed tattoo artist who is to apply the permanent tattoo. The written consent shall identify the design to be used and the part of the body to which the design is to be applied."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.