Bill Text: HI SB206 | 2014 | Regular Session | Introduced
Bill Title: Tattoo Artists; Regulation; Tattoo Artist Task Force
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB206 Detail]
Download: Hawaii-2014-SB206-Introduced.html
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THE SENATE |
S.B. NO. |
206 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TATTOO ARTISTS.
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 and to read as follows:
"§321- Restrictions on sale of tattoo supplies; age restrictions on applying tattoos. (a) No tattoo supplies shall be sold to:
(1) Any person of age seventeen and under;
(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 chapter 321.
(b) No tattoo artist shall create 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 on any person age fifteen and under.
(c) 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."
SECTION 2. Section 321-373, Hawaii Revised Statutes, is amended to read as follows:
"§321-373 Regulation of tattoo
artists. The department shall adopt rules [under] pursuant to
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[.]; and
(6) Defining "trade show" and the licensing of trade shows as they relate to tattoo artists."
SECTION 3. Section 321-373.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§321-373.5[]]
Permit; required for tattoo shop and temporary locations. (a) No person,
partnership, firm, corporation, or other legal entity shall operate a tattoo
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] $150 for a permit
valid for one year. 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 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[.];
provided further that no body modifications or body piercing shall be conducted
at the demonstration. 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 participating tattoo artists; or
(2) A] a
$50 nonrefundable permit fee for an event featuring less than three
participating tattoo artists 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)] $50 nonrefundable permit fee by not more than [$100 and]
$10 per year[, respectively].
(e) Tattoo trade shows in the State shall be permitted upon written approval of the department."
SECTION 4. Section 321-374, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The department may issue, to tattoo artists who are not licensed in the State, temporary licenses that are valid for a maximum of fourteen consecutive days per calendar year for:
(1) Educational[, trade show,] or product
demonstration purposes; or
(2) The purpose of practicing the occupation of tattoo artist at a permitted tattoo location.
Temporary licensees shall be subject to this part and applicable rules."
SECTION 5. (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 governor, senate president, and speaker of the house of representatives shall each select three members to the tattoo artist task force; provided that one of the members selected by the governor shall represent Hawaiian cultural practices; provided further that two members selected by each appointing authority shall be persons licensed under chapter 321, Hawaii Revised Statutes, as tattoo artists. The department of health shall appoint one non-voting member.
(b) No member shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the task force.
(c) The tattoo artist task force shall, at minimum:
(1) Meet at least five times;
(2) Recommend requirements for a blood borne pathogen test for licensure;
(3) Recommend fees for initial license issuance and renewals; and
(4) Consider any other issues deemed necessary by the tattoo artist industry for purposes of administrative rulemaking.
(d) The tattoo artist task force shall hold public meetings for the purpose of receiving input from members of the general public.
(e) 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 December 15, 2014.
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.
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INTRODUCED BY: |
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Report Title:
Tattoo Artists; Regulation; Tattoo Artist Task Force
Description:
Restricts the sale of tattoo supplies. Places age restrictions on person receiving tattoo. Permits tattoo trade shows upon written approval of the department of health. Prohibits body piercing or body modifications at product demonstrations or educational demonstrations. Increases initial permit fee. 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.
