Bill Text: HI SB39 | 2013 | Regular Session | Introduced

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Bill Title: Professions; Occupations; Body Piercing; Body Piercers

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2013-01-22 - Re-Referred to HTH, CPN/WAM. [SB39 Detail]

Download: Hawaii-2013-SB39-Introduced.html

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THE SENATE	S.B. NO.	39
TWENTY-SEVENTH LEGISLATURE, 2013
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.  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 2.  Chapter 321, part XXX, Hawaii Revised Statutes, is amended by amending the title to read as follows:

     "[[]PART XXX.[]]  TATTOO ARTISTS AND BODY PIERCERS"

     SECTION 3.  Section 321-371, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-371[]]  Purpose.  The purpose of this part is the protection of public health and safety through the licensing and regulation of tattoo artists[.] and body piercers."

     SECTION 4.  Section 321-372, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Body piercer" means a person who performs body piercing as:

     (1)  Any part of the person's job or occupation for remuneration; or

     (2)  An ancillary activity that is part of a paid purchase for ear or body jewelry meant for a client's personal cosmetic adornment.

     "Body piercing" means puncturing or penetrating the skin of a person, using pre-sterilized single use needles, and inserting 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.

     "Body piercing shop" means any temporary or permanent establishment that provides body piercing services as part or all of the establishment's services."

     SECTION 5.  Section 321-373, Hawaii Revised Statutes, is amended by amending the title to read as follows:

     "§321-373  Regulation of tattoo artists[.] and body piercers."

     SECTION 6.  Section 321-373.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the title and subsections (a) and (b) to read:

     "[[]§321-373.5[]]  Permit[;] required for tattoo shop, body piercing shop, and 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 the renewal of a permit, each applicant shall pay a fee of $75 per year[.]; provided that if a tattoo shop and a body piercing shop operate in the same location, the tattoo shop and the body piercing shop shall pay separate renewal fees.  Initial permit application and renewal fees may be increased by not more than $10 per year."

     2.  By amending subsection (d) to read:

     "(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 7.  Section 321-374, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(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."

     2.  By amending subsection (c) to read:

     "(c)  The department may issue, to tattoo artists or body piercers 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[.] or body piercer at a permitted body piercing location.

Temporary licensees shall be subject to this part and applicable rules."

     3.  By amending subsection (e) to read:

     "(e)  An applicant for a temporary license as a tattoo artist shall have [either]:

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

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

     4.  By amending subsection (g) to read:

     "(g)  Licensed tattoo artists shall tattoo only in a shop or temporary location that has a valid unrevoked permit issued by the director.  Licensed body piercers shall perform body piercings only in a shop or temporary location that has a valid unrevoked permit issued by the director."

     SECTION 8.  Section 321-375, Hawaii Revised Statutes, is amended to read as follows:

     "§321-375  Examination, fees required.  (a)  No license for a tattoo artist or a body piercer shall be issued unless the applicant takes an examination as prescribed by the director and receives a passing score or, or if seeking a temporary license as a tattoo artist, meets the criteria specified in section 321-374(e).  No license shall be issued unless all fees required by the director have been paid.

     (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 9.  Section 321-377, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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."

     SECTION 10.  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 a 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 performing a body piercing on 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 or body piercing 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 11.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect on January 1, 2014.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Professions; Occupations; Body Piercing; Body Piercers

 

Description:

Requires any person who performs body piercing to be licensed.

 

 

 

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