Report Title:

Body Piercing

Description:

Licenses and regulates body piercers. Defines "body piercers". Requires parental consent for minors to obtain body piercing.

HOUSE OF REPRESENTATIVES

H.B. NO.

342

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO BODY PIERCING.

 

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 to read as follows:

"§321-    Parental consent for minors to obtain body piercings. No person shall perform body piercing without first:

(1) Informing all prospective clients that parental consent is required for any minor who requests body piercing;

(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 a written, notarized consent from the parent or guardian identifying the part of the body to be pierced."

SECTION 2. Section 321-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of health, with the approval of the governor, may adopt rules as it deems necessary for the public health or safety respecting:

(1) The occupations or practices of clinical laboratory directors, medical technologists (clinical laboratory scientists), clinical laboratory specialists, cytotechnologists, medical laboratory technicians (clinical laboratory technicians), tattoo artists, body piercers, and environmental health professionals;

(2) The health, education, training, experience, habits, qualifications, or character of persons to whom certificates of registration or permits for these occupations or practices may be issued;

(3) The health, habits, character, practices, standards, or conduct of persons holding these certificates or permits; and

(4) The grounds or causes for revoking or suspending these certificates or permits.

The rules shall have the force and effect of law."

SECTION 3. Chapter 321, Hawaii Revised Statutes, is amended by amending the title of part XXX to read as follows:

"[[]PART XXX.[]] TATTOO ARTISTS AND BODY PIERCERS"

SECTION 4. Section 321-371, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-371[]] Purpose. The purpose of this part is [the protection of] to protect public health and safety through the licensing and regulation of tattoo artists[.] and body piercers."

SECTION 5. Section 321-372, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Body piercer" means a person who performs body piercing as:

(1) Part of the person's job or occupation for remuneration; or

(2) If not remunerated, as an ancillary activity that is part of a paid purchase of ear or body jewelry meant for the client's personal cosmetic adornment.

"Body piercing" means puncturing or penetration of the skin of a person, using pre-sterilized single use needles, and the insertion of pre-sterilized jewelry or other adornment in the opening, including the piercing of the outer perimeter or lobe of the ear using a pre-sterilized single use stud and clasp ear piercing system."

SECTION 6. Section 321-373, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"§321-373 Regulation of tattoo artists[.] and body piercers."

SECTION 7. Section 321-374, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided by law, no person shall practice the occupation of tattoo artist or body piercer in this State either gratuitously or for pay, or shall announce [oneself] either publicly or privately [as] that the person is prepared or qualified to practice that occupation, without having a valid unrevoked license to do so."

SECTION 8. Section 321-375, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department may contract with a professional testing service to prepare, administer, and grade the examination for licensure as a tattoo artist[.] or body piercer. For these purposes, the department may require applicants to pay the examination fee directly to the testing service."

SECTION 9. Section 321-377, Hawaii Revised Statutes, is amended to read as follows:

"§321-377 Suspension, revocation, or denial of the renewal of license. The director may revoke, suspend, or deny the renewal of the license of any person applying to be licensed under this part who:

(1) Is found guilty of any fraud, deceit, or misconduct in the practice of the occupation of tattoo artist[;] or body piercer; or

(2) Violates this part or any of the rules adopted by the department.

In every case where it is proposed to revoke, suspend, or deny the renewal of a license, the director shall give the licensee or applicant concerned notice and a hearing. The notice shall be given in writing by registered or certified mail with return receipt requested at least fifteen days before the hearing. All hearings shall be conducted pursuant to chapter 91."

SECTION 10. Section 321-378, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No applicant shall be licensed as a tattoo artist or body piercer if:

(1) The applicant has been convicted of a crime and the basis of denial of licensure falls within the exceptions provided in section 831-3.1;

(2) The applicant has been declared mentally incompetent by any court and the decree has not since been dismissed; or

(3) Proceedings brought against the applicant pursuant to this section resulted in findings of any of the causes listed in subsection 321-379(b)."

SECTION 11. Section 371-379, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The director shall have the power to revoke, limit, condition, or suspend a license as a tattoo artist or body piercer and to fine or otherwise discipline a licensed tattoo artist or licensed body piercer for any violation of subsection (b).

(b) The department shall have the power to accept, investigate, prosecute, and hear complaints regarding any person[,] who is a licensed tattoo artist or licensed body piercer regarding the following allegations:

(1) Unfitness or incompetence by reason of negligence, habits, or other causes, regardless of whether actual damage or damage to the public is established;

(2) Habitual intemperance, addiction, or dependency on alcohol or other habit-forming substances;

(3) Mental incompetence resulting in an inability to practice as a tattoo artist[;] or body piercer;

(4) Submitting to or filing with the department any application, notice, statement, or other document in procuring or attempting to procure licensure as a tattoo artist[, which] or body piercer, that is false or untrue or contains any material misstatement of fact;

(5) Using the title[,] licensed tattoo artist[,] or licensed body piercer, or any designation tending to imply that the person is a licensed tattoo artist or licensed body piercer, when the person is not in fact licensed or the person's license has been suspended or revoked;

(6) Violating conditions or limitations upon which licensure occurs;

(7) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm an individual or the public in the course of professional services or activities;

(8) Having disciplinary action taken against the tattoo artist or body piercer in another state;

(9) Aiding or abetting an unlicensed person, knowingly combining or conspiring with an unlicensed person, allowing one's license to be used by an unlicensed person, or acting as agent or associate of an unlicensed person to evade the use of title restrictions of this part;

(10) Engaging in false or misleading advertising; or

(11) Engaging in sexual conduct in connection with professional services or activities."

SECTION 12. Section 321-383, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-383[]] License without necessity of examination. All persons holding valid licenses as tattoo artists or body piercers from the department of health and practicing on the day prior to January 1, 1991, shall be considered licensed under this part on January 1, 1991, without necessity of examination."

SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 14. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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