Report Title:

Traditional Hawaiian Tattooing

Description:

Exempts experts in the practice of Kakau, traditional Hawaiian tattooing, from current tattoo licensure laws and directs the Department of Health to work with Kahuna ka kakau to develop best practices for traditional Hawaiian tattooing.

HOUSE OF REPRESENTATIVES	H.B. NO.	2887
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TATTOOING.

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

     SECTION 1.  Section 321-374, Hawaii Revised Statutes, is amended to read as follows:

     "§321-374  License required; exemptions.  (a)  Except as otherwise provided by law, no person shall practice the occupation of tattoo artist in this [State] state either gratuitously or for pay, or shall announce oneself either publicly or privately as prepared or qualified to practice that occupation without having a valid unrevoked license to do so.

     (b)  Physicians holding a valid unrevoked license under chapter 453 or 460 are exempt from the requirements of this part.

(c)  A person deemed by the department to be a kahuna ka kakau shall be exempt from the requirements of this part.

The department shall consult with experts in the practice and application of traditional Hawaiian tattooing who have achieved the title of kahuna ka kakau to develop and implement policies to identify and define best practices for traditional Hawaiian tattooing.

As used in this subsection:

"Kahuna ka kakau" means an expert in the cultural practice and application of traditional Hawaiian tattooing.

     "Traditional Hawaiian tattooing" 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."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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