SB1263 SD1.DOC

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-A Permit; required for tattoo shop. (a) No person, partnership, firm, corporation, or other legal entity shall operate a tattoo shop without registering the shop with the department and obtaining 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. The department may increase initial permit application and renewal fees by not more than $10 per year.

(c) All permits shall expire on January 31 of each year. The application for a permit renewal shall be submitted to the department in writing on or before the first day of January of each year.

(d) Temporary permits may be issued for locations other than a permitted tattoo shop for the purpose of a trade show or educational demonstration; provided that the show or demonstration shall meet all standards set by professional tattoo associations for convention safety pursuant to Occupational Safety and Health Administration standards under 29 Code of Federal Regulations 1910.1030 or chapter 396. The temporary permit application shall be made in writing to the department at least sixty days prior to the scheduled event and shall include specific measures to meet specified health and safety standards. Temporary permit applicants shall pay a $25 nonrefundable application fee in addition to:

(1) A $50 participation fee if an event features less than three tattoo artists demonstrating for educational, non-monetary purposes only; or

(2) A $500 participation fee, if an event features at least three but not more than forty tattoo artists;

provided that the department may annually increase the participation fees in paragraphs (1) and (2) by not more than $10 and $100 per year, respectively.

§321-B Temporary licenses. (a) The department may issue temporary licenses for educational, trade show, or product demonstration purposes to tattoo artists not licensed in the State; provided that the temporary license shall be valid for a maximum of fourteen consecutive calendar days in any given calendar year. Temporary licensees shall be subject to all applicable rules established by the department.

(b) Applications for temporary licenses shall be made in writing to the department at least sixty days prior to the proposed events and accompanied by a non-refundable application fee of $25 and written proof satisfying the requirements under subsection (c). An applicant shall be notified by mail of the disposition of the application in a timely manner. If an application is approved, the applicant shall submit the notification of approval, a photo identification, and a temporary license fee of $100 to the department in order to be issued the temporary license.

(1) Passed a blood borne pathogen course developed specifically for the tattoo industry, and approved by the director, within two years of the filing of the application; or

(2) Passed the state tattoo artist written examination within two years of the filing of the application.

(d) This section shall apply to tattoo artists who:

(1) Are professional tattooists in jurisdictions outside the State; and

(2) Intend to participate in educational, trade, or product shows demonstrating tattoo artistry in the State.

(e) The department may increase temporary license fees annually by not more than $10."

SECTION 2. Section 321-372, Hawaii Revised Statutes, is amended by amending the definition of "tattoo artist" to read as follows:

""Tattoo artist" means any person who creates indelible marks or decorative designs by introducing pigments beneath the surface of the skin, resulting in permanent or semi-permanent markings with the aid of needles, electric machines, hand tools, or other devices[.] or means."

SECTION 3. 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 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) Any applicant for licensure shall be in compliance with the requirements of section 321-B(c)(1) or 321-B(c)(2).

(1) Has taken and passed a tuberculin skin test or chest x-ray examination within six months of the application, using reporting forms prescribed and provided by the department; and

(2) Has completed the hepatitis B vaccination series or antibody testing showing immunity, unless the vaccine is contraindicated for medical reason, as specified in Occupational Safety Bloodborne Pathogens Standard and Exposure Control (29 Code of Federal Regulations 1910.1030(f)) and has signed the appropriate waiver.

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

SECTION 4. Section 321-379, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-379[~~] Discipline;~~] Violations; discipline; complaints; grounds; proceedings; hearings. (a) The director shall have the power to revoke, limit, condition, or suspend a permit or license [~~as a tattoo artist~~] issued under this part and to fine or otherwise discipline an owner of a tattoo shop or a licensed tattoo artist for any violation of [~~subsection (b).~~] this part.

[~~(b)~~] The department shall have the power to accept, investigate, prosecute, and hear complaints regarding any [~~person, who is a licensed~~] owner of a tattoo shop or tattoo artist regarding [~~the following~~] allegations[:] of any violation of this part.

(b) The following are violations of this part:

(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;

(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~~] that is false or untrue or contains any material misstatement of fact;

(5) Using the title, licensed tattoo artist, or any designation tending to imply that the person is a licensed tattoo artist 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 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[.];

(12) Tattooing any person under the age of eighteen without the written consent of the person's parent or legal guardian, or failing to maintain consent forms at the tattoo shop for a minimum of two years in a confidential manner;

(13) Tattooing anyone under the age of sixteen regardless of parental or legal consent; or

(14) Practicing tattooing while having a communicable disease; provided that the director may allow this practice if the tattoo artist obtains a certificate signed by a physician licensed in the State that the tattoo artist is not a risk to customers or other employees of the tattoo shop due to the disease.

(c) In any proceeding under this section the person subject to the proceeding shall be given notice and the opportunity for a hearing in conformity with chapter 91."

SECTION 5. Section 321-380, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-380[]] Penalties. (a) Any person against whom proceedings have been brought pursuant to section 321-379 which resulted in findings of any of the causes listed in subsection 321-379(b) may be assessed a fine of not less than $100 [~~nor~~] and not more than $5,000 for each offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.

(b) Any person in violation of section 321-374, 321-A(a), or 321-B shall be fined not less than $500 and not more than $5,000.

(c) Any person that practices as a tattoo artist at a location without a permit shall be fined not less than $500 and not more than $5,000.

(d) In addition to any other penalties prescribed by law, any person who knowingly or wilfully makes a false statement to the department relating to any requirement of this part shall be guilty of a misdemeanor and fined not less than $500 and not more than $5,000 for each offense.

[~~(b)~~] (e) The director may bring a civil action to enjoin any person for violation of section 321-379(b)."

SECTION 6. 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 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.

THE SENATE	S.B. NO.	1263
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII