HB243

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

"PART . HAWAIIAN TATTOO ARTISTS

§321-A Definitions. For the purposes of this chapter, unless the context otherwise requires:

"Board" means the board of Hawaiian tattoo artists created under this chapter.

"Ancient art of Hawaiian tattoo" means a procedure by which an indelible mark or figure is fixed upon the body by insertion of pigment under the skin or by production of scars, where the basic procedures and equipment used are derived from ancient Hawaiian tradition and practice.

"Hawaiian tattoo artist" means a person who practices the ancient art of Hawaiian tattoo.

§321-B Board of Hawaiian tattoo artists; qualifications. (a) There is established within the department of health for administrative purposes a state board of Hawaiian tattoo artists consisting of nine members. Five members of the board shall be masters in the ancient art of Hawaiian tattoo as defined by rule, and shall be appointed by the governor according to criteria established by rule. Two members of the board shall be public members appointed by the governor. The director of health or the director's representative and the chairperson of the school of Hawaiian studies of the University of Hawaii or the chairperson's representative shall serve as ex officio non-voting members.

(b) Except for members of the board first appointed and the public and ex officio members of the board, no one shall be eligible for appointment who does not at the time of the member's appointment hold a valid and unexpired license to practice as a Hawaiian tattoo artist.

§321-C Powers and duties of the board. (a) The board shall adopt rules pursuant to chapter 91 for the purposes of this chapter.

(b) In addition to any other powers and duties authorized by law, the board shall grant, or upon proof of violation of this chapter or the rules adopted by the board governing the practice under this chapter, revoke, suspend, or refuse to renew a license as provided in this chapter or in rules adopted by the board.

(1) Hawaiian tattoo artist training requirements and other

qualifications for licensure;

(2) Equipment, sanitation, and other operating standards

for the practice of the ancient art of Hawaiian tattoo

to protect the public health, which shall be adopted

in consultation with the department of health; and

(3) Prohibited acts or practices of Hawaiian tattoo

artists deemed by the board to be detrimental to the

general public.

(d) The board shall enforce this chapter and the rules adopted under this chapter.

§321-D License required; application; physical examination. (a) No person shall practice the ancient art of Hawaiian tattoo without a current license issued pursuant to this chapter.

(b) Any person who desires to practice the ancient art of Hawaiian tattoo shall apply in writing to the board in the form prescribed by the board.

(c) No license shall be issued unless the applicant has undergone a physical examination using report forms provided by the board. The examination shall include a chest x-ray or tuberculin skin test, and a blood test for syphilis, and any other test required by the board by rule. The physical examination record shall be kept by the licensee as required by the board by rule.

§321-E Fees. Any fees for application, licensing, and other registrations shall be as provided in rules adopted by the director of health pursuant to chapter 91.

§321-F Restrictions. (a) No Hawaiian tattoo artist shall use the same bone needle to tattoo different persons.

(b) No person with any disease or condition in a communicable form or suspected of having such disease or condition shall engage in the ancient art of Hawaiian tattoo. Such disease or condition may include but shall not be limited to:

(1) The common cold;

(2) Influenza;

(3) Tuberculosis;

(4) Scabies;

(5) Impetigo;

(6) Syphilis;

(7) Chickenpox;

(8) Rubella;

(9) Mumps;

(10) Whooping cough;

(11) Hepatitis;

(12) Infection on hands or arms; and

(13) Sore throat or jaundice.

The board may require that a Hawaiian tattoo artist before returning to work obtain a certificate signed by a duly licensed physician stating that the person is free from communicable disease.

(c) No Hawaiian tattoo artist shall practice the ancient art of Hawaiian tattoo on any person under the age of eighteen years without the written consent of the person's parents or legal guardian.

§321-G Penalties. (a) Any person who knowingly or willfully makes a false statement to the board relative to any matter under this chapter or who violates any provision of this chapter or rules adopted under this chapter shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not more than $1000 or imprisonment for not more than one year or both.

(b) The license of any person convicted under this section shall be suspended for a minimum of one year."

SECTION 2. Section 321-13, Hawaii Revised Statutes, is amended 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[,] other than those licensed under part , 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. The department of health shall adopt rules further defining the term "ancient art of Hawaiian tattoo" and establishing criteria for the selection of masters in the ancient art of Hawaiian tattoo. The rules adopted shall apply only to the initial selection of the board of Hawaiian tattoo artists under this Act. The board of Hawaiian tattoo artists may by rule adopt, or amend and adopt the rules adopted by the department of health under this section.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	243
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII