Bill Text: HI HB993 | 2013 | Regular Session | Introduced

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Bill Title: Tattoo Artists; Regulations; Tattoo Artist Task Force

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2013-01-28 - Referred to HLT, CPC, referral sheet 6 [HB993 Detail]

Download: Hawaii-2013-HB993-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	993
TWENTY-SEVENTH LEGISLATURE, 2013
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.  The legislature finds that there are pressing concerns about tattoo artists and the tattoo industry in the State.  The legislature further finds that the department of health must provide more scrutiny over this growing industry.

     The purpose of this Act is to:

     (1)  Restrict the sale of tattoo supplies;

     (2)  Require a blood borne pathogen test prior to licensure as a tattoo artist;

     (3)  Specify that persons who violate the restrictions on sales of tattoo supplies may be subject to penalties; and

     (4)  Create a tattoo artist task force to enhance the regulation of tattoo artists.

     SECTION 2.  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 chapters 91 and 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 borne pathogen 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, 2014, 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 3.  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 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 or any other 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;

     (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 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)  Engaging in the sale of tattoo supplies to persons under the age of eighteen, persons not licensed as a tattoo artist, or tattoo shops without a permit; or

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

     SECTION 4.  (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 two members to the tattoo artist task force.  The director of health, or the director's designee, shall serve as an ex officio member of the task force.  One member selected by each appointing authority shall be a person licensed under chapter 321, Hawaii Revised Statutes, as a tattoo artist; provided that each tattoo artist serving on the task force shall have at least five years' experience tattooing in a shop with a valid unrevoked permit issued by the director of health.  An individual representing Hawaiian cultural practices shall also serve on the task force.

     (b)  Members of the tattoo artist task force selected by the governor, senate president, and speaker of the house of representatives shall not be considered employees of the State based solely upon their participation on 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 2014.  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, 2013.

     SECTION 5.  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 January 1, 2014, as a requirement to continue to be licensed as a tattoo artist.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Tattoo Artists; Regulations; Tattoo Artist Task Force

 

Description:

Restricts the sale of tattoo supplies.  Requires a blood borne pathogen test as a prerequisite for tattoo licensure and as a requirement to continue to be licensed as a tattoo artist, beginning January 1, 2014.  Specifies that persons who violate the restrictions on sales of tattoo supplies may be subject to penalties.  Creates a tattoo artist task force.

 

 

 

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