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808ink tattoo magazine coming soon to Hawaii!

Honolulu publisher RMS Zine is launching a new quarterly magazine called 808ink for Hawaii’s tattoo industry.

It will serve as a directory of local tattoo businesses and have feature articles, profiles and photos of designs, artists and shop owners.

The first issue will launch in late April, said RMS Zine President Ronnie Russell Jr.

The free magazine is being touted as the first Hawaii-produced publication specifically for tattoo enthusiasts. It will be printed by Hagadone Printing Co. and distributed to tattoo shops, salons and specialty stores.

“It’s an excellent opportunity because this is not a magazine that’s going to be sold but to assist the tattoo community putting their businesses in position to create a buzz, increase their revenue and give them more exposure,” Russell said.

Russell and his business partners, Nathaniel Madore and Brian Slevin, established RMS Zine last September.

Visiting Tattoo Artist Permits

Tattooing in Hawaii cannot occur outside of a permitted location, but there are some new developments.  Initial Hawaii permit applications must be accompanied by a fee of $125.   Hawaii Tattoo Shop permits still must be renewed annually at the renewal rate of $75, due by December 31st. This fee is still substantially below many other states.  Fees have been increased, and rightfully so, as there had not been an increase in nearly two decades.

Temporary permits will be available for conventions and educational exhibitions/demonstrations. Temporary tattoo permits are for a maximum of 7 consecutive days and fall into one of two categories: educational or commercial. Temporary permit applications must be made in writing to the department at least sixty days prior to the scheduled event and must include specific measures to meet specified health and safety standards, and may be subject to a site inspection. Temporary tattoo 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 $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

Our reasoning behind these two categories with very different requirements is to allow for, say, a Samoan Tafuga to do a demonstration at one of the museums or perhaps a Japanese tattoo master in conjunction with an exhibition. This is a very different thing than a tattoo convention where the general public is getting work from numerous tattooists. From our previous phone surveys we are fully aware that a number of tattooists in Hawaii feel that conventions can pose a health risk (ourselves included). This is why we have stipulated no more than 40 participating artists and that health standards must be met. If conventions are to occur here (which is bound to happen) we want to insure that it is done in a safe manner with controls in place.

Temporary Hawaii tattoo licenses are available to visiting tattooists for a maximum of 14 days in any given calendar year. Applications must be made in writing to the Department of Health and Sanitation 60 days prior to one’s intended working dates. Similar testing or alternative course requirements apply, provided that the course/test was taken & passed within two years of the date of application. Application fees for temporary licenses are $100.

How to become a tattoo artist in Hawaii

To become a tattoo artist in Hawaii you go to the nearest health department and they should have a specific room/section for sanitation, then just ask for the tattoo licensing application. all applications get mailed to oahu and tests are taken every 6 months, the test is around 70 questions long including questions on microbiology, sanitation, and definitions for terms that they provide.

See resource section for address and phone numbers.

Updating Hawaii’s Tattoo Regulations

by: Peggy Sucher (aroundhawaii.com)

Many wonder why tattooers are calling for Hawaii’s regulations to be updated…who would want more guidelines, increased fees? What’s up with that?

How would you like to visit a doctor who utilizes standards 25 years old? Your dentist? Not quite right, huh? Times have changed! Tattoo regulations and the test administered for licensing were written in 1981. Things sure have evolved since then….Hep A, B, C, D, E, F, and G are upon us, HIV/AIDS, resistant strains of staph, necrotizing faciitis (flesh eatin’ bacteria), rampant diabetes, herpes, genital warts, etc., yeah, a lot has changed in 27 years!

Last Monday representatives from the tattoo and body piercing industry here on Oahu met with our Department of Health officials, the Center for Disease Control officials and Representative Mizuno. We met to discuss the status of the regs and the opportunities available for revision.

Dr. Tice from the CDC spoke of the concern that 1 in 50 people are walking around carrying the Hep virus…and most don’t even know it. He reinterated that a near-invisible about of body fluid containing blood is all that it might take to transmit the disease. He stressed the concern over unsafe body art practices such as home tattooers and people piercing without proper knowledge or training.

Mr. Lau from the DOH also spoke of the need for education of the public of the concerns of unlicensed, uninspected practitioners working out of homes or in the back of uninspected and unsuitable work places.

Both gentlemen agreed that our regulations needed updating to meet the challenges of today’s health issues. As tattooers we were delighted to hear these authorities recognizing our concerns.

One issue that is not so easily remedied is the tight staffing of the DOH. This department is responsible for the inspection of ALL restaurants, ALL tattoo studios, ALL salons, and ALL funeral homes. With a staff of 11. Yikes! Just the restaurants alone should have a staff of 20 or more!

Personally I think they have done a tremendous job overall and I want to publicly thank them for it. Every inspector that has come to where I work has been professional and diligent in their mission. Kudos to our DOH! It’s a huge job and they are doing their best.

In light of their burden we voted in our last tattooer gathering and to a person opted to increase our testing, licensing and inspection fees. Right now it is $7.50 to renew my tattoo license for 2 years. $7.50. Less than a plate lunch! Keep in mind the regs and fees were established 27 years ago…what was gas then? 49 cents a gallon? What was the wage level then? Hum…..only seems fair to get in line with other industries and their fees. (Oklahoma charges $500 per tattooer and $1000 for each shop. Yikes)

Many folks have written opinions in the newspaper blogs about overstretching our government offices with tighter regs, etc. The idea is that regs will simply be updated with concern over the changing and challenging health issues of today. Simply giving them more current parameters is not exactly increasing the work load, just updating the load they currently have. The increase in fees with supply the DOH with more funds to hopefully increase their manpower for all their responsibilities. This is public health we are talking about here! What price can be put on that?

I would also like to thank Representative Mizuno for helping us reach out to the DOH and the CDC. We left that meeting with a great feeling about the future of Hawaii’s tattoo licensing program.

To go back to what Mr. Lau said about educating the public….that is exactly why I contribute to http://www.aroundhawaii.com/. An educated public will make wiser decisions when it comes to chosing their body art practitioner. Knowledge is power and hopefully the subjects I have presented and will continue to present will give anyone the tools to make a wise decision.

Just this morning I read an article about the home tattooers and the health problems they present. Check out http://www.wickedlocal.com/west-roxbury/news/x544084932/Who-did-that-tattoo

Further education for body art practitioners be it tattooers, cosmetic tattooists, body piercers, staff and management will be offered Aug. 19, 2008. The Alliance of Professional Tattooists is offering the very first industry specific Prevention of Disease Transmission in Tattooing Seminar. It covers not only the challenges we face daily in assessing clients with skin disorders, diseases, etc but practical guides for set up, sanitation, sterilization and clean up.

Hawaii State Contact information

The Tattoo industry in Hawaii is regulated by the Sanitation department.

Statewide Contact Information

Sanitation Branch
591 Ala Moana Boulevard
Honolulu, HI 96813
Phone: 808-586-8000
FAX: 808-586-8040

Hawaii District Health Office/Hilo
1582 Kamehameha Avenue
Hilo, HI 96720
Phone: 808-933-0917
FAX: 808-933-0400

Sanitation Branch/Kona (Office)
Keakealani Building
79-1020 Haukapila Street, Room 115
Kealakekua, HI 96750
Phone: 808-322-1507
FAX: 808-322-1511

Maui District Health Office
54 High Street, Room 300
Wailuku, HI 96793
Phone: 808-984-8230
FAX: 808-984-8237

Kauai District Health Office
3040 Umi Street
Lihue, HI 96766
Phone: 808-241-3323
FAX: 808-241-3566

Hawaii District Health Office/Kona (Mailing)
81-980 Halekii Street, Suite 103
Kealakekua, HI 96750
Phone: 808-322-1507
FAX: 808-322-1511

List of licensed tattoo artists and shops

Hawaii State law requires that you must be licensed to be a tattoo artist. When looking for a tattoo artist your first step should be to check if they are licensed.

CLICK HERE to see a list of legally licensed tattoo artists in Hawaii.

CLICK HERE to check if a shop is licensed.

Hawaii Tattoo industry requests stricter standards

WAIKIKI (KHNL) – Tattoos and body piercings are a trend among all generations but the industry says outdated health regulations should reap worries for everyone.

Walking in Waikiki, you’ll probably see plenty of beach bodies sporting tattoos and piercings. But tattoo and piercing shops say the health laws need to be stricter and modernized.

Maggie Keuser has an eye for who put’s art on her arm.

“Sterilization of needles, making sure the guys wear gloves if they’re spraying you, that’s important,” said Keuser.

Hawaii’s tattoo industry says state tattoo laws haven’t been updated for almost thirty years. Tattoos to body piercings, they’re drawing the line.

“You’re poking holes in people you’re dealing with blood born pathogens and it’s important to get responsibility with that,” said tattoo artist Jason Lusk.

And that’s why lawmakers, state health leaders and area tattoo artists are teaming together, revealing needed changes that address tattoos, body piercings, and the newest trend, body modification.

“It’s not just a matter of regulation, there’s a clear need for education,” said Laurence Lau with the State Health Department. “We’re very concerned that a lot of stuff is happening at homes and non-commercial places.”

With different infections, HIV, and Hepatitis as possible penalties for improper precautions and procedures, Hawaii’s tattoo industry says a more modern perspective on its laws will color a canvas of safety.

The group is currently drafting a bill that they hope to introduce at the next legislative session. If signed into law, it would take affect in July of 2009.

Hawaii Tattoo Laws

§11-17-1 §11-17-2 §11-17-3 §11-17-4 §11-17-5 §11-17-6 §11-17-7 §11-17-8 §11-17-9 §11-17-10 §11-17-11 §11-17-12 §11-17-13 §11-17-14

TITLE 11Historical Note: Chapter 17 of Title 11, Administrative Rules, is based substantially on Public Health Regulations Chapter 26, Tattoo Artist, Department of Health, State of Hawaii. [Eff. 9/23/49, am 1/31/58, am 6/29/64; R SEP 18 1981]

§11-17-1 Scope of rules. This chapter sets forth minimum requirements for the safety and protection of public health. When standards, ordinances, or rules are established by other divisions or subdivision of government, the more stringent state or county rules shall apply. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §321-13)
§11-17-2 Definitions. As used in these rules:
“Adequate,” “approved,” and “proper,” mean the procedure is acceptable to the director based on the determination as to its conformity with aseptic techniques.
“Aseptic technique” means the practice which prevent and hinder the transmission of disease producing micro-organisms from one person or place to another person or place.
“Department” means the department of health of the State of Hawaii.
“Director” means the director of the department of health or a duly authorized agent or representative.
“License” means a license issued to a tattoo artist under this chapter. “Permit” means a permit issued to a tattoo shop under this chapter.

§11-17-2
“Single-service” means articles intended for one-time, one person use and then discarded.
“Tattoo artist” means one who engages in tattooing.
“Tattoo shop” means any premises where a tattoo artist does tattooing for a fee or for other consideration.
“Tattooing” means to mark or to color the skin by pricking and introducing subcutaneously, non-toxic dyes, pigments, or by the production of scars to form indelible marks and figures. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §321-13)

§11-17-3 Permit for tattoo shop; fee. (a) No person, partnership, firm, or corporation shall operate a tattoo shop unless such person, partnership, firm, or corporation has registered such shop with the department and has been issued a permit. No permit shall be issued or renewed unless the shop has been inspected by the director and found to be in compliance with the requirements of this chapter.
(b) The permit shall be non-transferable. A valid permit shall be posted in a conspicuous place in every tattoo shop.
(c) Each application under this section shall be accompanied by a fee of $75 for a permit. For renewal of a permit, each applicant shall pay a fee of $7.50.
(d) In the event of withdrawal of an application or failure to qualify for a permit, the fee shall not be refunded to the applicant.
(e) All permits shall expire on January 31 of each year. Application for the renewal of a permit shall be submitted to the department in writing before January 31 of each year. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-11, 321-13) (Imp: HRS §§321-11, 321-13)
§11-17-4 License for tattoo artist; fee. (a) No person shall practice the art of tattoo unless the person holds a valid tattoo license issued by the department. A physician licensed to practice medicine in the State is exempt from this chapter.
(b) Any person desiring to engage in tattooing shall apply in writing to the director on the form provided by the department for this purpose. Any applicant who has not previously been issued a license by the director shall be required to pass a written examination before a license may be issued. The applicant shall be required to show by examination a knowledge of the provisions of this chapter including knowledge of bacteriology and aseptic techniques to assure that infection and contagious disease shall not be transmitted by tattoo practices.
(c) No license shall be issued or renewed unless the applicant has undergone a physical examination using report forms provided by the department. The examination shall include a chest x-ray or tuberculin skin test, and a blood test for syphilis. The physical examination record shall be kept on file in the tattoo shop by the permit holder.
(d) Each applicant shall pay an examination fee of $75 for the initial license. For renewals of this license, the applicant shall pay a fee of $7.50.
(e) In the event the applicant fails to qualify for a license or for renewal, that fee shall not be refunded to the applicant.

§11-17-6
(f) All licenses shall expire on January 31 of each year. All applications for renewal of a license shall be submitted on the form provided by the department in writing before January 31 of each year. Delinquency shall be provided for in §321-15, HRS. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §§321-14, 321- 15)
§11-17-5 Revocation or suspension of license or permit. (a) After due notice and hearing the director may suspend or revoke any license or permit issued under this chapter for violation of the provisions of this chapter.
(b) All revocation and suspension action shall not become effective nor final until an opportunity for a hearing has been offered the license or permit holder. All hearings shall comply with chapter 91, HRS and the department of health rules of practice and procedures. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §321-13)
§11-17-6 Sanitation requirements for a tattoo shop. A tattoo shop shall comply with the following requirements in order to qualify for an operating permit:
(1) The owner or operator of a tattoo shop shall locate and construct the shop in areas least subjected to dust contamination.
(2) The shop shall be maintained in a sanitary condition by the owner or operator.
(3) The walls and ceilings shall be easily cleanable, smooth, and light colored. All walls and ceilings shall be kept clean and in good repairs.
(4) All floors shall be of smooth non-absorbent materials and constructed so as to be easily cleanable. All floors shall be kept clean and in good repair.
(5) Adequate light and ventilation shall be provided. (6) Each tattoo shop shall be provided with a sink for the exclusive use of the
tattoo artist for hand washing and preparing the customers for tattooing. The sink shall be provided with adequate hot and cold running water under pressure with mixing valve or combination faucet. There shall also be available at the sink approved soap, clean single use towels, and refuse containers.
(7) Water closet and hand basin shall be available on the premises for use by customers and tattoo artists. The plumbing fixtures and toilet room shall be maintained in a sanitary condition and in good repair.
(8) Each tattoo artist shall be provided with an adequate work table and storage cabinets. The surface of all work tables shall be constructed of metal or other material which is smooth, light colored, non-absorbent, corrosive-resistant, and easily cleaned.
(9) The work tables shall be located at least ten feet from observers and waiting customers or shall be separated with a panel or other barrier which shall be at least six feet high. The panel may be constructed with glass, solid plastic, or similar material.
(10) Approved closed cabinets for the exclusive storage of instruments, dyes, pigments, carbon, stencils, and other paraphernalia used in the shop shall be provided for each tattoo artist.
§11-17-10
(11) The tattoo shop shall have covered receptacles for the disposal of waste materials.
(12) Each tattoo artist shall have a hand brush and fingernail file which shall be cleaned and disinfected after each use.
(13) “No smoking” signs shall be posted in the tattooing area. (14) Only tattooing shall be permitted in a tattoo shop. [Eff. SEP 18 1981]
(Auth: HRS §§321-10, 321-13) (Imp: HRS §321-13)
§11-17-7 Restrictions. (a) It shall be unlawful to tattoo any person who is under the influence of intoxicating substances. These substances include but shall not be limited to alcohol, drugs, paints, and glues.
(b) It shall be unlawful to tattoo any person under the age of eighteen years without the written consent of the parents or legal guardian. All written consent shall be kept on file in the tattoo shop.
(c) No person with any disease in a communicable form or suspected of having such disease shall engage in tattooing. Such diseases may include but shall not be limited to the common cold, influenza, tuberculosis, scabies, impetigo, syphilis, chickenpox, measles (rubella), German measles (rubella), mumps, whooping cough, hepatitis, infection on hands or arms, sore throat or jaundice. The director may require a certificate signed by a duly licensed physician stating that the tattoo artist is free from communicable disease before returning to work. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §321-13)
§11-17-8 Equipment. Not less than twenty-four sets of sterilized needles and tubes or tips shall be on hand for the entire day or night operation. Sterilization shall be done by one of the following methods:
(1) By holding in an autoclave for fifteen minutes at fifteen pounds pressure. (2) By immersion in an approved germicidal solution for an approved period of
time. No rusty, dull, or faulty needles shall be used for tattooing. (3) Any other method approved by the director. [Eff. SEP 18 1981] (Auth:
HRS §§321-10, 321-13) (Imp: HRS §321-13)
§11-17-9 Dyes. All dyes or pigments used in tattooing shall be from batches certified under the provisions of chapter 328, HRS. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §321-13)
§11-17-10 Aseptic technique. (a) Before working on a customer the tattoo artists shall cleanse their hands in the following manner:
(1) (2) (3)
Thoroughly scrub hands and fingernails with soap and a hand brush; Rinse hands under warm running water; Rinse hands in an approved antiseptic solution such as seventy per cent alcohol; and
§11-17-10
(4) Hands may be dried with clean single use towels or other approved hand drying device;
(b) The area of the customer’s skin to be tattooed shall be prepared by: (1) Washing with warm water and approved soap. A sterile handbrush shall
be used to produce a clean skin area; (2) Shaving shall be done with a sterile razor blade; and (3) The shaved area shall be thoroughly cleansed with warm water and
approved soap. (c) Before placing the design on the customer’s skin, the tattoo artist shall
treat the skin area with seventy per cent alcohol or other approved germicidal solution which shall be applied with sterile cotton or sterile gauze.
(d) Only petroleum jelly shall be applied to the area to be tattooed and it shall be in collapsible metal or plastic tubes. The application may be spread by the use of sterile gauze but not directly with the fingers.
(e) The stencil for transferring the design to the skin shall be thoroughly cleansed and rinsed in an approved germicidal solution and dried with sterile gauze.
(f) Single-service or individual portion of dyes or pigments in sterilized containers or single-service containers shall be used for each customer. After tattooing, the remaining unused dye or pigments in the single-service or individual containers shall be discarded.
(g) As the tattoo operation progresses, any excess dye or pigment applied to the skin shall be removed with sterile material.
(h) The completed tattoo shall be washed with a piece of sterile material saturated with an approved germicidal solution. Antibiotic ointment registered under United States Pharmacopoeia or National Formulary shall be applied from a collapsible metal or plastic tube and the entire area covered with a piece of sterile dressing, which may in turn be covered with a piece of tissue, and fasten to the site with an approved type of adhesive.
(i) Immediately after tattooing, the tattoo artist shall advise the customer on the care of the tattoo and instruct the customer to consult a physician at the first sign of infection. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §321-13)
§11-17-11 Minimum operating standards. (a) The tattoo artist shall use standards of aseptic technique in tattooing, dressing, and other operations that are approved by the director.
(b) The tattoo artist shall use only supplies and equipment approved by the director.
(c) The minimum standards of §11-17-7 through §11-17-11 shall be observed at all times. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §321-13)
§11-17-12 Records. (a) The permit holder shall maintain proper records of each customer. The records shall include the following information:
(1) The date when the tattoo was applied. (2) The name, address and age of the customer.
§11-17-14
(3) The branch of service, rate or rank, and serial number of the customer if in the armed forces.
(4) The design and location of the tattoo. (5) The name of the tattoo artist. (6) The signature of the customer. (b) The information required in subsection (a) shall be permanently recorded,
in ink or indelible pencil, in a bound book kept solely for this purpose. This book shall be available at reasonable hours for examination by the director and shall be kept in the tattoo shop for two years from the date of last entry.
(c) Written consents for persons under eighteen years of age shall be kept on file for two years in the tattoo shop. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §321-13)
§11-17-13 Penalty. (a) Any person who shall knowingly or wilfully make any false statement to the department relative to any matter under this chapter or who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $500 or imprisonment for not more than one year or both.
(b) Any person convicted under this section shall have the license and permit suspended for one year. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §321-18)
§11-17-14 Severability. Should any section, paragraph, sentence, clause, phrase or application of this chapter be declared unconstitutional or invalid for any reason, the remainder or any other application of this chapter shall not be affected. [Eff. SEP 18 1981] (Auth: HRS §§321-10, 321-13) (Imp: HRS §321-13)
The Department of Health authorized the repeal of Chapter 26, Public Health Regulations and the adoption of Chapter 17 of Title 11, Administrative Rules on AUG 27 1981 following public hearing held on Maui on July 13, 1981, on Hawaii on July 14, 1981, on Oahu on July 15, 1981, on Kauai on July 20, 1981 after public notice was given in the Maui News on June 22, 1981, in the Hawaii Tribune-Herald on June 22, 1981, in the Honolulu Star-Bulletin on June 22, 1981, and in the Garden Isle on June 22, 1981.
Chapter 17 of Title 11, Administrative Rules shall take effect ten days after filing with the Office of the Lieutenant Governor.
[PART XXX.] TATTOO ARTISTS
Note
This part is effective January 1, 1991. L 1990, c 285, §9. Subject to reassessment, this part is repealed effective December 31, 1996. See chapter 26H.
Revision Notes In this part, “part” substituted for “chapter”.
[§321-371] Purpose. The purpose of this part is the protection of public health and safety through the licensing and regulation of tattoo artists. [L 1990, c 285, pt of §2]
[§321-372] Definitions. As used in this part: “Department” means the department of health. “Director” means the director of health. “Facial tattoo” means any tattoo applied above the jawline, anterior to the ear and
frontal hairline including the eyelids, eyebrows, or lips. “Tattoo artist” means any person who creates indelible marks or decorative designs
by introducing pigments beneath the surface of the skin with the aid of needles, or other devices. [L 1990, c 285, pt of §21]
[§321-373] Regulation of tattoo artists. (a) 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 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 ster-ilized
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. (b) The rules may provide for general standards for facial tattoos. [L 1990, c 285.
pt of §2]
[§321-374] License required; exemptions. (a) Except as otherwise pro- vided 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) Physicians holding a valid unrevoked license under chapter 45 are exempt from the requirements of this part. [L 1990, c 285, pt of §2]
[§321-37S] Examination, fees required. (a) No license shall be issued unless the applicant takes an examination as prescribed by the director and receives a passing score. 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 pre-pare, administer, and grade the examination for licensure as a tattoo artist. For these purposes, the department may require applicants to pay the examination fee directly to the testing service. [L 1990, c 285, pt of §2]
[§321-376] Facial tattoos. Application of facial tattoos shall be prohibited except by a physician licensed under chapter 453 or by a tattoo artist who is under the general supervision of such a physician. [L 1990. c 285, pt of §2]
[§321-377] Suspension or revocation of license. The director may revoke or suspend the license of any person 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
(2) Violates this part or any of the rules adopted by the department.
In every case where it is proposed to revoke or suspend a license, the director shall give the 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. [L 1990, c 285, pt of §2]
[§321-378] Denial of licensure hearing. (a) No applicant shall be licensed as a tattoo artist if:
(1) The applicant has been convicted of a crime and the basis of denial of licensure falls within exceptions provided in section 831-3.1;
(2) The applicant has been declared mentally incompetent by any court and the decree has not since been dismissed; or
(3) Proceedings brought against the applicant pursuant to this section resulted in findings of any of the causes listed in subsection 321-379(b).
(b) Any person whose application for licensure has been denied shall be given notice and the opportunity for a hearing. [L 1990. c 285, pt of §2]
[§321-379] Discipline; complaints; grounds; proceedings; hearings. (a) The director shall have the power to revoke, limit, condition, or suspend a license as a tattoo artist and to fine or otherwise discipline a licensed tattoo artist for any violation of subsection (b).
(b) The department shall have the power to accept, investigate, prosecute, and hear complaints regarding any person, who is a licensed tattoo artist regarding the following allegations:
(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 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 tide restrictions of this part;
(10) Engaging in false or misleading advertising; or (11) Engaging in sexual conduct in connection with professional services or
activities. (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. [L 1990, c 285, pt of §2]
[§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 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) The director may bring a civil action to enjoin any person for violation of section 321-379(b). [L 1990. c 285. pt of §2]
[§321-381] Biennial renewal; failure to renew. The biennial renewal fee shall be paid to the department of health on or before December 31 of each, even-numbered year. Failure, neglect, or refusal of any licensee to pay the biennial renewal fee on or before such date shall constitute a forfeiture of the license. [L 1990, c285, pt of §2]
[§321-382] Fees. The director may establish fees by rules pursuant to chapter 91. [L 1990, c 285, pt of §2]
[§321-383] License without necessity of examination. All persons holding valid licenses as tattoo artists from the department of health and practicing on the day prior to January 1, 1991 shall be considered licensed under this part on January 1, 1991 without necessity of examination. [L 1990, c 285, pt of §2]
Revision Note “January 1, 1991″ substituted for “the effective of this Act.”

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:

Ҥ321- Parental consent for minors to obtain permanent tattoos. No tattoo artist shall apply any permanent tattoo without first:

(1) Informing all prospective clients that parental consent is required for any minor who requests the application of a permanent tattoo;

(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 consent from the minor’s parent or legal guardian in person or obtaining written notarized consent from the parent or guardian identifying the design to be used and the part of the body to which the design is to be applied.”

SECTION 2. Chapter 577, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

“§577- Parental consent for minors to obtain permanent tattoos. (a) Except as provided in subsection (b), no minor shall have a permanent tattoo applied to any part of the minor’s body unless:

(1) The minor first informs the tattoo artist, regulated under part XXX of chapter 321, of the minor’s status as a minor; and

(2) The minor’s parent or legal guardian is present and authorizes the tattoo.

(b) If the minor’s parent or legal guardian is unable to accompany the minor and consent to the application of a permanent tattoo, the minor may provide written notarized consent from the minor’s parent or legal guardian to the licensed tattoo artist who is to apply the permanent tattoo. The written consent shall identify the design to be used and the part of the body to which the design is to be applied.”

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

DIVISION 1. GOVERNMENT
TITLE 19 HEALTH
CHAPTER 321 DEPARTMENT OF HEALTH
[PART XXX.] TATTOO ARTISTS

321-372. Definitions

As used in this part:

“Department” means the department of health.

“Director” means the director of health.

“Facial tattoo” means any tattoo applied above the jawline, anterior to the ear and frontal hairline including the eyelids, eyebrows, or lips.

“Tattoo artist” means any person who creates indelible marks or decorative designs by introducing pigments beneath the surface of the skin with the aid of needles, or other devices.

[L 1990, c 285, pt of §§ 2]

321-373. Regulation of tattoo artists

(a) 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 licensed under chapter 453 or 460, 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.

(b) The rules may provide for separate standards for facial tattoos.

[L 1990, c 285, pt of §§ 2; am L 1996, c 202, §§ 6]

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) Physicians holding a valid unrevoked license under chapter 453 or 460 are exempt from the requirements of this part.

[L 1990, c 285, pt of §§ 2; am L 1996, c 202, §§ 7]

321-375 Examination, fees required

(a) No license shall be issued unless the applicant takes an examination as prescribed by the director and receives a passing score. 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. For these purposes, the department may require applicants to pay the examination fee directly to the testing service.

[L 1990, c 285, pt of §§ 2]

321-376. Facial tattoos

Application of facial tattoos shall be prohibited except by a physician licensed under chapter 453 or 460, or by a tattoo artist who is under the general supervision of such a physician.

[L 1990, c 285, pt of §§ 2; am L 1996, c 202, §§ 8]

321-377. Suspension or revocation of license

The director may revoke or suspend the license of any person 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

(2) Violates this part or any of the rules adopted by the department.

In every case where it is proposed to revoke or suspend a license, the director shall give the 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.

[L 1990, c 285, pt of §§ 2]

321-378. Denial of licensure; hearing.

(a) No applicant shall be licensed as a tattoo artist if:

(1) The applicant has been convicted of a crime and the basis of denial of licensure falls within the exceptions
provided in section 831-3.1;

(2) The applicant has been declared mentally incompetent by any court and the decree has not since been dismissed; or

(3) Proceedings brought against the applicant pursuant to this section resulted in findings of any of the causes listed in subsection 321-379(b).

(b) Any person whose application for licensure has been denied shall be given notice and the opportunity for a hearing.

[L 1990, c 285, pt of §§ 2]

321-379. Discipline; complaints; grounds; proceedings; hearings

(a) The director shall have the power to revoke, limit, condition, or suspend a license as a tattoo artist and to fine or otherwise discipline a licensed tattoo artist for any violation of subsection (b).

(b) The department shall have the power to accept, investigate, prosecute, and hear complaints regarding any
person, who is a licensed tattoo artist regarding the following allegations:

(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 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.

(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.

[L 1990, c 285, pt of §§ 2]

321-383. License without necessity of examination.

All persons holding valid licenses as tattoo artists from the department of health and practicing on the day prior to January 1, 1991 shall be considered licensed under this part on January 1, 1991 without necessity of examination.

[L 1990, c 285, pt of §§ 2]

Copyright (c) 2002 by Weil Publishing Co., Inc. All rights reserved

11-17. TATTOO ARTISTS

@ 11-17-1 Scope of rules. This chapter sets forth minimum requirements
for the safety and protection of public health. When standards, ordinances, or
rules are established by other divisions or subdivision of government, the more
stringent state or county rules shall apply. [Eff. SEP 18 1981] (Auth: HRS
@@ 321-10, 321-13) (Imp: HRS @ 321-13)

@ 11-17-2 Definitions. As used in these rules:

“Adequate,” “approved,” and “proper,” mean the procedure is acceptable to
the director based on the determination as to its conformity with aseptic techniques.

“Aseptic technique” means the practice which prevent and hinder the
transmission of disease producing micro-organisms from one person or place
to another person or place.

“Department” means the department of health of the State of Hawaii.

“Director” means the director of the department of health or a duly
authorized agent or representative.

“License” means a license issued to a tattoo artist under this chapter.

“Permit” means a permit issued to a tattoo shop under this chapter.

“Single-service” means articles intended for one-time, one person use and
then discarded.

“Tattoo artist” means one who engages in tattooing.

“Tattoo shop” means any premises where a tattoo artist does tattooing for
a fee or for other consideration.

“Tattooing” means to mark or to color the skin by pricking and introducing
subcutaneously, non-toxic dyes, pigments, or by the production of scars to
form indelible marks and figures. [Eff. SEP 18 1981] (Auth: HRS @@ 321-10,
321-13) (Imp: HRS @ 321-13)

@ 11-17-3 Permit for tattoo shop; fee. (a) No person, partnership, firm,
or corporation shall operate a tattoo shop unless such person, partnership,
firm, or corporation has registered such shop with the department and has been
issued a permit. No permit shall be issued or renewed unless the shop has been
inspected by the director and found to be in compliance with the requirements of
this chapter.

(b) The permit shall be non-transferable. A valid permit shall be posted
in a conspicuous place in every tattoo shop.

(c) Each application under this section shall be accompanied by a fee of
$ 75 for a permit. For renewal of a permit, each applicant shall pay a fee of $ 7.50.

(d) In the event of withdrawal of an application or failure to qualify
for a permit, the fee shall not be refunded to the applicant.

(e) All permits shall expire on January 31 of each year. Application for
the renewal of a permit shall be submitted to the department in writing before
January 31 of each year. [Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-11,
321-13) (Imp: HRS @@ 321-11, 321-13)

@ 11-17-4 License for tattoo artist; fee. (a) No person shall practice
the art of tattoo unless the person holds a valid tattoo license issued by the
department. A physician licensed to practice medicine in the State is exempt
from this chapter.

(b) Any person desiring to engage in tattooing shall apply in writing to
the director on the form provided by the department for this purpose. Any
applicant who has not previously been issued a license by the director shall be
required to pass a written examination before a license may be issued. The applicant
shall be required to show by examination a knowledge of the provisions of
this chapter including knowledge of bacteriology and aseptic techniques to assure
that infection and contagious disease shall not be transmitted by tattoo practices.

(c) No license shall be issued or renewed unless the applicant has
undergone a physical examination using report forms provided by the department. The
examination shall include a chest x-ray or tuberculin skin test, and a blood
test for syphilis. The physical examination record shall be kept on file in
the tattoo shop by the permit holder.

(d) Each applicant shall pay an examination fee of $ 75 for the initial
license. For renewals of this license, the applicant shall pay a fee of $ 7.50.

(e) In the event the applicant fails to qualify for a license or for
renewal, that fee shall not be refunded to the applicant.

(f) All licenses shall expire on January 31 of each year. All
applications for renewal of a license shall be submitted on the form provided by the
department in writing before January 31 of each year. Delinquency shall be as
provided for in @ 321-15, HRS.

[Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp: HRS @@ 321-14,
321-15)

@ 11-17-5 Revocation or suspension of license or permit. (a) After due
notice and hearing the director may suspend or revoke any license or permit issued
under this chapter for violation of the provisions of this chapter.

(b) All revocation and suspension action shall not become effective nor
final until an opportunity for a hearing has been offered the license or permit
holder. All hearings shall comply with chapter 91, HRS and the department of
health rules of practice and procedures.

[Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp: HRS @ 321-13)

@ 11-17-6 Sanitation requirements for a tattoo shop. A tattoo shop shall
comply with the following requirements in order to qualify for an operating
permit:

(1) The owner or operator of a tattoo shop shall locate and construct the
shop in areas least subjected to dust contamination.

(2) The shop shall be maintained in a sanitary condition by the owner or
operator.

(3) The walls and ceilings shall be easily clean-able, smooth, and light
colored. All walls and ceilings shall be kept clean and in good repairs.

(4) All floors shall be of smooth non-absorbent materials and constructed
so as to be easily cleanable. All floors shall be kept clean and in good
repair.

(5) Adequate light and ventilation shall be provided.

(6) Each tattoo shop shall be provided with a sink for the exclusive use
of the tattoo artist for hand washing and preparing the customers for
tattooing. The sink shall be provided with adequate hot and cold running water under
pressure with mixing valve or combination faucet. There shall also be
available at the sink approved soap, clean single use towels, and refuse containers.

(7) Water closet and hand basin shall be available on the premises for
use by customers and tattoo artists. The plumbing fixtures and toilet room shall be
maintained in a sanitary condition and in good repair.

(8) Each tattoo artist shall be provided with an adequate work table and
storage cabinets. The surface of all work tables shall be constructed of
metal or other material which is smooth, light colored, non-absorbent,
corrosive-resistant, and easily cleaned.

(9) The work tables shall be located at least ten feet from observers and
waiting customers or shall be separated with a panel or other barrier which
shall be at least six feet high. The panel may be constructed with glass,
solid plastic, or similar material.

(10) Approved closed cabinets for the exclusive storage of instruments,
dyes, pigments, carbon, stencils, and other paraphernalia used in the shop shall
be provided for each tattoo artist.

(11) The tattoo shop shall have covered receptacles for the disposal of
waste materials.

(12) Each tattoo artist shall have a hand brush and fingernail file which
shall be cleaned and disinfected after each use.

(13) “No smoking” signs shall be posted in the tattooing area.

(14) Only tattooing shall be permitted in a tattoo shop. [Eff. SEP 18
1981] (Auth: HRS @@ 321-10, 321-13) (Imp: HRS @ 321-13)

@ 11-17-7 Restrictions. (a) It shall be unlawful to tattoo any person who
is under the influence of intoxicating substances. These substances include but
shall not be limited to alcohol, drugs, paints, and glues.

(b) It shall be unlawful to tattoo any person under the age of eighteen
years without the written consent of the parents or legal guardian. All written
consent shall be kept on file in the tattoo shop.

(c) No person with any disease in a communicable form or suspected of
having such disease shall engage in tattooing. Such diseases may include but shall
not be limited to the common cold, influenza, tuberculosis, scabies, impetigo,
syphilis, chickenpox, measles (rubeola), German measles (rubella), mumps,
whooping cough, hepatitis, infection on hands or arms, sore throat or
jaundice. The director may require a certificate signed by a duly licensed physician
stating that the tattoo artist is free from communicable disease before
returning to work. [Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp:
HRS @ 321-13)

@ 11-17-8 Equipment. Not less than twenty-four sets of sterilized needles
and tubes or tips shall be on hand for the entire day or night operation.
Sterilization shall be done by one of the following methods:

(1) By holding in an autoclave for fifteen minutes at fifteen pounds pressure.

(2) By immersion in an approved germicidal solution for an approved
period of time. No rusty, dull, or faulty needles shall be used for tattooing.

(3) Any other method approved by the director.

[Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp: HRS @ 321-13)

@ 11-17-9 Dyes. All dyes or pigments used in tattooing shall be from
batches certified under the provisions of chapter 328, HRS. [Eff. SEP 18 1981]
(Auth: HRS @@ 321-10, 321-13) (Imp: HRS @ 321-13)

@ 11-17-10 Aseptic technique. (a) Before working on a customer the tattoo
artists shall cleanse their hands in the following manner:

(1) Thoroughly scrub hands and fingernails with soap and a hand brush;

(2) Rinse hands under warm running water;

(3) Rinse hands in an approved antiseptic solution such as seventy per cent
alcohol; and

(4) Hands may be dried with clean single use towels or other approved hand
drying device;

(b) The area of the customer’s skin to be tattooed shall be prepared by:

(1) Washing with warm water and approved soap. A sterile handbrush shall be
used to produce a clean skin area;

(2) Shaving shall be done with a sterile razor blade; and

(3) The shaved area shall be thoroughly cleansed with warm water and
approved soap.

(c) Before placing the design on the customer’s skin, the tattoo artist
shall treat the skin area with seventy per cent alcohol or other approved
germicidal solution which shall be applied with sterile cotton or sterile gauze.

(d) Only petroleum jelly shall be applied to the area to be tattooed and
it shall be in collapsible metal or plastic tubes. The application may be
spread by the use of sterile gauze but not directly with the fingers.

(e) The stencil for transferring the design to the skin shall be
thoroughly cleansed and rinsed in an approved germicidal solution and dried with
sterile gauze.

(f) Single-service or individual portion of dyes or pigments in
sterilized containers or single-service containers shall be used for each customer.
After tattooing, the remaining unused dye or pigments in the single-service or
individual containers shall be discarded.

(g) As the tattoo operation progresses, any excess dye or pigment applied
to the skin shall be removed with sterile material.

(h) The completed tattoo shall be washed with a piece of sterile material
saturated with an approved germicidal solution. Antibiotic ointment
registered under United States Pharmacopoeia or National Formulary shall be applied
from a collapsible metal or plastic tube and the entire area covered with a piece
of sterile dressing, which may in turn be covered with a piece of tissue, and
fasten to the site with an approved type of adhesive.

(i) Immediately after tattooing, the tattoo artist shall advise the
customer on the care of the tattoo and instruct the customer to consult a physician
at the first sign of infection. [Eff. SEP 18 1981] (Auth: HRS @@ 321-10,
321-13) (Imp: HRS @ 321-13)

@ 11-17-11 Minimum operating standards. (a) The tattoo artist shall use
standards of aseptic technique in tattooing, dressing, and other operations
that are approved by the director.

(b) The tattoo artist shall use only supplies and equipment approved by
the director.

(c) The minimum standards of @ 11-17-7 through @ 11-17-11 shall be
observed at all times. [Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp: HRS @
321-13)

@ 11-17-12 Records. (a) The permit holder shall maintain proper records of
each customer. The records shall include the following information:

(1) The date when the tattoo was applied.

(2) The name, address and age of the customer.

(3) The branch of service, rate or rank, and serial number of the customer if
in the armed forces.

(4) The design and location of the tattoo.

(5) The name of the tattoo artist.

(6) The signature of the customer.

(b) The information required in subsection (a) shall be permanently recorded,
in ink or indelible pencil, in a bound book kept solely for this purpose.
This book shall be available at reasonable hours for examination by the director
and shall be kept in the tattoo shop for two years from the date of last entry.

(c) Written consents for persons under eighteen years of age shall be
kept on file for two years in the tattoo shop. [Eff. SEP 18 1981] (Auth: HRS @@
321-10, 321-13) (Imp: HRS @ 321-13)

@ 11-17-13 Penalty. (a) Any person who shall knowingly or wilfully make
any false statement to the department relative to any matter under this chapter
or who violates any provision of this chapter shall be guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not more than $ 500 or
imprisonment for not more than one year or both.

(b) Any person convicted under this section shall have the license and
permit suspended for one year.

[Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp: HRS @ 321-18)

@ 11-17-14 Severability. Should any section, paragraph, sentence, clause,
phrase or application of this chapter be declared unconstitutional or
invalid for any reason, the remainder or any other application of this chapter shall
not be affected. [Eff. SEP 18 1981] (Auth: HRS @@ 321-10, 321-13) (Imp: HRS @ 321-13)

To All Tattoo Artists:
AUGUST 2000
Hawaii Revised Statutes (HRS) §321‑376 provider, that “application of facial tattoos shall be prohibited except by a physician licensed Under chapter 453 or by a tattoo artist who is under the general supervision of such a physician.”

“Facial tattoos* includes any tattooing done on the human face and are not limited to cosmetic tattoos, “General supervision” means that a tattoo artist has a formal association with a physician whereby the tattoo artist and physician agree in writing to an association that dictates each party’s functions and responsibilities. “General supervision”, does not require the physical presence of the supervising physician,

Pursuant to HRS §321‑376 and the above‑ referenced interpretation of this statute. the Department of Health (department) is requiring all tattoo artists who apply facial tattoos to provide to the department a written statement from the tattoo artists supervising physician verifying their work relationship. This statement shall be submitted on the enclosed form and submitted with the license renewal application.

Such written verification shall be submitted to the department prior to any change of the supervising physician and for each biennial renewal of a tattoo artist’s license, If you practice facial tattooing without the general supervision of a physician as provided in HRS §321‑376, you are in violation of the law and the department may deny, suspend, or revoke your tattoo artist license and may assess a fine of not less than $100.00 or more then $5,000.00 for each offense,

Sincerely,
Brian J, J. Choi, Program Manager, Sanitation Branch

1019 THE SENATE S.B. NO. TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII

11 SECTION 3. Section 321-13, Hawaii Revised Statutes, is 12 amended by amending subsection (a) to read as follows: 13 “(a) The department of health, with the approval of the 14 governor, may prescribe such rules as it deems necessary for the 15 public health or safety respecting: 16 (1) The occupations or practices of laboratory directors, 17 laboratory technologists, laboratory supervisors, 18 laboratory technicians, tattoo artists, [sanitarians, 19 asbestos inspectors, asbestos management planners, 20 asbestos abatement project designers, lead inspectors, 21 lead risk assessors, lead abatement workers, lead 22 abatement supervisors, and lead abatement project 23 designers;] and environmental health professionals; a HTH-2(99) Page 8 1137 H.B. NO. 1 (2) The health, education, training, experience, habits, 2 qualifications, or character of persons to whom 3 certificates of registration or permits for these 4 occupations or practices may be issued; 5 (3) The health, habits, character, practices, standards, or 6 conduct of persons holding these certificates or 7 permits; or 8 (4) The grounds or causes for revoking or suspending these 9 certificates or permits. 10 The rules shall have the force and effect of law.” 11 SECTION 4. Section 321-15, Hawaii Revised Statutes, is 12 amended by amending the title and subsection (a) to read as 13 follows: 14 “§321-15 [Annual] Biennial registration; fees, failure to 15 register.(a) Every person holding a license to practice any 16 occupation specified in section 321-13(a)(1) shall reregister 17 with the department of health[,] every other year in accordance 18 with the rules of the department, before February 1 [of each 19 year] except where superseded by federal law, and shall pay a 20 reregistration fee. The failure, neglect, or refusal of any 21 person holding such a license to reregister or pay the 22 reregistration fee, after thirty days of delinquency, shall 23 constitute a forfeiture of the person’s license; provided that a HTH-2(99) Page 9 1137 H.B. NO. 1 the license shall be restored upon written application therefor 2 together with a payment of all delinquent fees and an additional 3 late reregistration fee that may be established by the director 4 of health. All fees collected pursuant to this section shall be 5 deposited into the environmental health education fund 6 established under section 321-27.” 7 SECTION 5. Section 321-27, Hawaii Revised Statutes, is 8 amended by amending subsections (a) and (b) to read as follows: 9 “(a) There is established within the department of health 10 an environmental health education fund into which shall be 11 deposited all moneys collected from fees for permits, licenses, 12 inspections, various certificates, variances, investigations, and 13 reviews, pursuant to rules adopted for sections [321-11.5 and 14 321-15.] 321-11(1), (2), (3), (8), (9), (11), (14), (15), (17), 15 (18), (19), (20), and (23), 321-15, 321-375, and 321-381. 16 (b) Moneys in the fund shall be expended by the department 17 for the purpose of enhancing the capacity of environmental health 18 programs to: 19 (1) Improve public outreach efforts and consultations to 20 industries regulated; 21 (2) Educate the public, staff, and industries regulated 22 thereunder; 23 (3) Plan for future growth and expansion to meet emerging a HTH-2(99) Page 10 1137 H.B. NO. 1 needs; and 2 (4) Provide training opportunities to ensure the 3 maintenance of professional competence among 4 environmental health staff and administrators. 5 [Not more than $90,000 of the fund may be utilized during 6 any fiscal year for fund administration, including the hiring of 7 not more than two full-time equivalent personnel, and the 8 purchase of office and electronic equipment.]” 9 SECTION 6. Statutory material to be repealed is bracketed. 10 New statutory material is underscored. 11 SECTION 7. This Act shall take effect upon its approval. 12 13 INTRODUCED BY: _______________________ a HTH-2(99)

1139 HOUSE OF REPRESENTATIVES H.B. NO. TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII ________________________________________________________________ ________________________________________________________________ A BILL FOR AN ACT RELATING TO CLINICAL LABORATORY PERSONNEL. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 321-13, Hawaii Revised Statutes, is 2 amended by amending subsection (a) to read as follows: 3 “(a) The department of health, with the approval of the 4 governor, may [prescribe such] adopt rules as it deems necessary 5 for the public health or safety respecting: 6 (1) The occupations or practices of clinical laboratory 7 directors, clinical laboratory [technologists,] 8 scientists (medical technologists), clinical laboratory 9 [supervisors,] specialists, clinical laboratory 10 cytotechnologists, clinical laboratory technicians, 11 tattoo artists, sanitarians, asbestos inspectors, 12 asbestos management planners, asbestos abatement 13 project designers, lead inspectors, lead risk 14 assessors, lead abatement workers, lead abatement 15 supervisors, and lead abatement project designers; 16 (2) The health, education, training, experience, habits, 17 qualifications, or character of persons to whom 18 certificates of registration or permits for these 19 occupations or practices may be issued; a HTH-4(99) Page 2 1139 H.B. NO. 1 (3) The health, habits, character, practices, standards, or 2 conduct of persons holding these certificates or 3 permits; [or] and 4 (4) The grounds or causes for revoking or suspending these 5 certificates or permits. 6 The rules shall have the force and effect of law.” 7 SECTION 2. Statutory material to be repealed is bracketed. 8 New statutory material is underscored. 9 SECTION 3. This Act shall take effect upon its approval. 10 11 INTRODUCED BY: _______________________ a HTH-4(99)

REPORT TITLE: Tattoos; Parental Consent DESCRIPTION: Requires minors to inform tattoo artists of their minority status and provide parental consent for application of any permanent tattoos. Requires tattoo artists to notify all prospective clients of need for parental consent if client is a minor and to obtain such written parental consent if client is a minor.

Facilities o Building must be clean, in good repair, have adequate lighting o Adequate ventilation required o Tattoo establishments many not be used for any non-tattoo related activities o Toilets must be provided for customers o Work area must be separate from the rest of the business, or at least separated upon request Artist Hygiene o Artists should always wash their hands before every tattoo. o Separate sink (away from the toilet facilities) must be available for artists to wash their hands o Artists must dry their hands with single use paper towels or some sort of mechanical (air) dryer o Artists with communicable diseases may not tattoo o Food, drink, and smoking not allowed in the work area o Smoking prohibited o May not tattoo in exchange for sex Equipment o Immersion in a germicidal solution as an alternative to autoclaving allowed o Use of defective, dull, or rusty equipment is banned o Disposable single-use ink containers must be used, and with any unused ink must be discarded after every customer o All dyes must be approved o Minimum number of needles and tubes must be kept on hand o Only sterilized or disposable razors allowed o Covered waste containers required o Special storage cabinets for tattooing materials required o Tattooing materials may not be stored in the restroom. Procedures o Facial tattoos may only be done by licensed physicians o Injection of chemicals into the skin by tattoo artists to remove tattoos is illegal o Customers must be sober o Signed consent forms required o Parental consent forms required for minors o Artists must keep records on every customer for at least 2 years o Oral care instructions required o Acetate stencils must be sanitized

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