TEXT OF LAW:
321-13 Regulation of certain other occupations.
(a) The department of health, with the approval of the governor, may prescribe such rules as it deems necessary for the public health or safety respecting:
(1) The occupations or practices of laboratory directors, laboratory technologists, laboratory supervisors, laboratory technicians, tattoo artists,
sanitarians, asbestos inspectors, asbestos management planners, asbestos abatement project designers, lead inspectors, lead risk
assessors, lead abatement workers, lead abatement supervisors, and lead abatement project designers;
(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;
(4) The grounds or causes for revoking or suspending these certificates or permits. The rules shall have the force and effect of law.
(b) It shall be unlawful for any person to engage in or to attempt to engage in or to follow any of the occupations or practices referred to in this section, unless
the person first obtains and holds a valid unrevoked certificate of registration or permit under such rules or regulations as the department shall prescribe.
(c) The department may revoke or suspend any certificate of registration or permit issued under this section or issued prior to April 23, 1941, upon proof to its
satisfaction of a violation of any rule or regulation of the department on the part of any person holding a certificate or permit; provided that no such certificate
or permit shall be revoked or suspended except upon due notice to the person holding the same and the person shall be given an opportunity to be heard and
present evidence in the person's own defense.
[L 1941, c 87, §§1, 2, 3; RL 1945, §2017; am L 1945, c 116, §1(c); am L 1947, c 192, §22; am L 1949, c 19, §1; am L 1955, c 117, §1; RL 1955,§46-15; am L 1959, c 25, §1; am L Sp 1959 2d, c 1, §19; HRS
§321-13; am L 1969, c 160, §1; am L 1973, c 80, §2(1); am L 1974, c 214, §1; am L 1982, c 80, §1; gen ch 1985; am L 1985, c 11, §1 and c 276, §4; am L 1986, c 139, §9; am L 1988, c 194, §3; am L 1990, c
225, §4 and c 285, §6; am L 1997, c 219, §2] [PART XXX.]
TATTOO ARTISTS [§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 §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;
(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]
[§321-380] 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, c 285, 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]
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