Bill Text: HI HB2108 | 2012 | Regular Session | Introduced

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Bill Title: Body Piercing; Minors; Consent

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2012-01-20 - (H) Referred to HLT, CPC/JUD, FIN, referral sheet 4 [HB2108 Detail]

Download: Hawaii-2012-HB2108-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2108
TWENTY-SIXTH LEGISLATURE, 2012
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-     Body piercing of minors; consent of parent or guardian required.  (a)  No body piercer shall perform body piercing without first:

     (1)  Informing the prospective client that consent of a parent or guardian is required to perform body piercing on a minor;

     (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 written consent from the minor's parent or guardian in person or obtaining written notarized consent from the minor's parent or guardian; provided that the written consent or written notarized consent shall identify the part of the body to be pierced.

     (b)  Body piercers shall maintain written consents and written notarized consents in a confidential manner for not less than two years.

     (c)  In addition to any other penalties, any person who violates subsection (a)(3) shall be guilty of a petty misdemeanor."

     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 to read as follows:

     "§321-373  Regulation of tattoo artists[.] and body piercers.  The department shall adopt rules under chapter 91 to implement this part.  The rules shall include but not be limited to:

     (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; and

     (5)  Fixing penalties and fines for violations of this part or any of the rules adopted by the department."

     SECTION 7.  Section 321-373.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-373.5[]]  Permit[;] required for tattoo shop [and] or body piercing shop; temporary locations.  (a)  No person, partnership, firm, corporation, or other legal entity shall operate a tattoo shop, body piercing 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[.]; provided that a tattoo shop and a body piercing shop may operate in the same location, but shall pay separate fees.  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 or body piercing shop for the purpose of a trade 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.  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 total participating tattoo artists[;] and body piercers; or

     (2)  A $50 nonrefundable permit fee for an event featuring less than three total participating tattoo artists and body piercers 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) by not more than $100 and $10 per year, respectively."

     SECTION 8.  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, with or without compensation, consideration, or donation, 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 from the department to do so."

     SECTION 9.  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 10.  Section 321-377, Hawaii Revised Statutes, is amended to read as follows:

     "§321-377  Suspension or revocation of permit or license.  (a)  The director may revoke or suspend the permit or license of any person permitted or 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.

     (b)  In every case where it is proposed to revoke or suspend a permit or license, the director shall give the permittee or licensee 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 11.  Section 321-379, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Violations of this part include but are not limited to:

     (1)  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 or body piercer that is false or untrue or contains any material misstatement of fact, or assisting another party in doing so;

     (2)  Using the title licensed tattoo artist, licensed body piercer, or any other 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;

     (3)  Violating the conditions or limitations of a permit or a license or assisting another party in violating those conditions;

     (4)  Engaging in conduct resulting in physical injury to an individual or the public in the course of professional services or activities;

     (5)  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;

     (6)  Tattooing or body piercing any person under the age of eighteen without the written consent of the person's parent or legal guardian or not maintaining the consent forms in a confidential manner [at the tattoo shop] for not less than two years; or

     (7)  Making a false or misleading statement to the department relating to any matter under this part."

     SECTION 12.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

     SECTION 14.  This Act shall take effect on January 1, 2013.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Body Piercing; Minors; Consent

 

Description:

Licenses and regulates body piercers.  Defines "body piercers".  Requires written consent of parent or guardian for minors to obtain body piercing.  Requires tattoo artists and body piercers to maintain written customer consent forms for not less than two years.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.