TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TATTOO ARTISTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding two new sections to part XXX to be appropriately designated and to read as follows:
"§321- Restrictions on sale of tattoo supplies. (a) No tattoo supplies shall be sold to:
(1) Any person under the age of eighteen years;
(2) Any person not licensed under this chapter as a tattoo artist; or
(3) Any tattoo shop without a permit issued by the department pursuant to section 321-373.5 and any rules adopted pursuant to chapter 321.
(b) As used in this section, "tattoo supplies" means tattoo machines ("guns"), needles, tubes (steel and disposable), pigment (ink), clip cords, foot switches, and power supplies.
§321- Blood test required for licensure. In addition to other requirements as may be imposed by the department for licensure as a tattoo artist, beginning on January 1, 2013, every applicant for a license shall pass a blood borne pathogen test developed specifically for the tattoo industry and approved by the director as a prerequisite for licensure. A person who holds a license under this part shall pass the blood borne pathogen test every two years after the initial test for licensure in order to continue to hold a license under this chapter."
SECTION 2. Section 321-373, Hawaii Revised Statutes, is amended to read as follows:
"§321-373 Regulation of tattoo
artists. The department shall adopt rules [
under] pursuant to
chapter 91 to implement this part. The rules shall include but not be limited
(1) Prohibiting the use of injections, unless administered by a physician or osteopathic physician licensed under chapter 453, or by a registered nurse licensed under chapter 457;
(2) Appropriate restrictions on topical anesthetics;
(3) Prescribing procedures and conditions for sterilization, storage of sterilized equipment, resterilization, and disposal of discarded needles and other equipment;
(4) Creating examination standards; [
(5) Fixing penalties and fines for violations of this
part or any of the rules adopted by the department[
(6) Defining "trade show" and the licensing of trade shows as they relate to tattoo artists."
SECTION 3. Section 321-373.5, Hawaii Revised Statutes, is amended to read as follows:
§321-373.5[ ]] Permit; required
for tattoo shop and temporary locations. (a) No person, partnership,
firm, corporation, or other legal entity shall operate a tattoo shop or
temporary location without a permit pursuant to department rules.
(b) Each initial permit application under this section shall be accompanied by a fee of $125 for a permit valid for one year. For renewal of a permit, each applicant shall pay a fee of $75 per year. Initial permit application and renewal fees may be increased by not more than $10 per year.
(c) All permits shall expire on December 31 of each year. The application for a permit renewal shall be submitted to the department in writing on or before December 31 annually.
(d) The department may issue a temporary
permit valid for a maximum of seven consecutive days per calendar year for
locations other than a permitted tattoo shop for the purpose of a [
show,] product demonstration[ ,] or educational demonstration;
provided that the [ show or] demonstration shall meet all safety and
hygiene standards as specified by the director and in this chapter[ .];
and provided further that no body modifications or body piercing shall be
conducted at the demonstration. The temporary permit application shall be
made in writing to the department at least sixty days prior to the scheduled
event, shall include specific measures to meet specified health and safety
standards, and may be subject to a site inspection. Temporary permit
applicants shall pay a $50 nonrefundable application fee in addition to[ : (1) A $500 nonrefundable permit fee for an
event featuring not more than forty participating tattoo artists; or (2) A] a
$50 nonrefundable permit fee for an event featuring less than three
participating tattoo artists demonstrating for educational purposes only,
without compensation, consideration, or donation by the public; provided that
the department may annually increase the [ fees specified in paragraphs (1)
and (2)] $50 nonrefundable permit fee by not more than [ $100 and]
$10 per year[ , respectively].
(e) Tattoo trade shows in the State shall be prohibited until the adoption of rules by the department as required under section 321-373."
SECTION 4. Section 321-374, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The department may issue, to tattoo artists who are not licensed in the State, temporary licenses that are valid for a maximum of fourteen consecutive days per calendar year for:
, trade show,] or product
demonstration purposes; or
(2) The purpose of practicing the occupation of tattoo artist at a permitted tattoo location.
Temporary licensees shall be subject to this part and applicable rules."
SECTION 5. (a) There is established a tattoo artist task force to review chapter 17, Hawaii Administrative Rules, relating to tattoo artists, with the goal of enhancing the regulation of tattoo artists. The tattoo artist task force shall be co-chaired by the chair of the senate committee on health and the chair of the house committee on health. In addition to the chairs, the governor, senate president, and speaker of the house of representatives shall each select three members to the tattoo artist task force; provided that one member selected by each appointing authority shall be a person licensed under chapter 321, Hawaii Revised Statutes, as a tattoo artist. An individual representing Hawaiian cultural practices shall also serve on the task force.
(b) No members shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the task force.
(c) The tattoo artist task force shall hold public meetings for the purpose of receiving input from members of the general public.
(d) The tattoo artist task force shall report its findings and recommendations, including proposed legislation to enhance the regulation of tattoo artists, to the legislature no later than twenty days prior to the convening of the regular session of 2013. The legislative reference bureau shall assist the task force in preparing its report and any proposed legislation; provided that the task force submits a draft of the task force's proposals to the legislative reference bureau no later than November 1, 2012.
SECTION 6. Every person licensed as a tattoo artist under chapter 321, Hawaii Revised Statutes, as of the effective date of this Act shall be required to pass a blood borne pathogen test developed specifically for the tattoo industry and approved by the director of health, no later than , as a requirement to continue to be licensed as a tattoo artist.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050.
Tattoo Artists; Regulation; Tattoo Artist Task Force
Restricts the sale of tattoo supplies. Requires blood borne pathogen test as a prerequisite for tattoo licensure beginning January 1, 2013, and every two years after initial test to continue to hold a license. Prohibits tattoo trade shows under the adoption of rules by the Department of Health. Prohibits body piercing or body modifications at product demonstrations or educational demonstrations. Creates a tattoo artist task force. Effective July 1, 2050. (SB2398 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.