TEXT OF LAW:
§ 314-A:1 Definitions.
In this chapter:
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Practitioner" means a person who practices tattooing.
III. "Tattoo" means an indelible mark or figure fixed upon the surface of the body by the insertion of pigment under the skin or by the production of scars.
Source. 1994, 280:1. 1995, 310:181, 183, eff. Nov. 1, 1995.
§ 314-A:2 License Required; Fees.
No practitioner of tattooing shall practice and no establishment in which tattoos are applied shall be operated without a license issued
by the commissioner. The annual license fee for each practitioner and each establishment shall be $50, which shall be deposited into the general fund.
Source. 1994, 280:1. 1995, 310:183, eff. Nov. 1, 1995.
SECTION 314-A:3
§ 314-A:3 Rulemaking.
The commissioner shall adopt rules, under RSA 541-A, relative to the hygienic practice of tattooing and sanitary operations of tattoo
establishments. Such rules shall include:
I. Standards of hygiene to be met and maintained by establishments and practitioners in order to receive and maintain a license to carry out the practice of
tattooing.
II. Procedures to be used to grant a license, revoke a license, and reinstitute a license.
III. Inspection of tattoo establishments.
IV. Any other matter necessary to the administration of this chapter.
Source. 1994, 280:1. 1995, 310:183, eff. Nov. 1, 1995.
§ 314-A:4 Applicability.
The standards of hygiene and sanitary operation for the practice of tattooing adopted by rule under RSA 314-A:3, I shall also apply to the practice
of body piercing taking place in tattoo establishments required to be licensed under this chapter. For the purpose of this section, "body piercing" means any piercing of the
human body.
Source. 1994, 280:1, eff. July 1, 1994.
§ 314-A:5 Exemptions.
I. Nothing in this chapter shall prevent a person licensed by this state pursuant to any other provision of law from performing the occupation for which such
person is licensed.
II. Nothing in this chapter shall be construed as preventing towns and cities from prohibiting or regulating the practice of tattooing under RSA 31 and RSA 47,
provided that such regulation shall be no less stringent than the provisions of this chapter or rules adopted pursuant to this chapter.
Source. 1994, 280:1, eff. July 1, 1994.
§ 314-A:6 Penalty.
Any person who violates the provisions of this chapter shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a
felony.
Source. 1994, 280:1, eff. July 1, 1994.
§ 639:3 Endangering Welfare of Child or Incompetent.
I. A person is guilty of endangering the welfare of a child or incompetent if he knowingly endangers the welfare of a child under 18 years of age or of an
incompetent person by purposely violating a duty of care, protection or support he owes to such child or incompetent, or by inducing such child or
incompetent to engage in conduct that endangers his health or safety.
II. In the prosecution of any person under this section, the tattooing by any person of a child under the age of 18 constitutes endangering the welfare of such
child.
III. In the prosecution of any person under this section, the solicitation by any person of a child under the age of 16 to engage in sexual activity as defined by
RSA 649-A:2, III for the purpose of creating a visual representation as defined in RSA 649-A:2, IV, or to engage in sexual penetration as defined by RSA
632-A:1, V, constitutes endangering the welfare of such child.
IV. A person who pursuant to the tenets of a recognized religion fails to conform to an otherwise existing duty of care or protection is not guilty of an offense
under this section.
V. A person who endangers the welfare of a child or incompetent by violating paragraph III of this section is guilty of a class B felony. All other violations of
this section are misdemeanors.
Source. 1971, 518:1. 1983, 448:1, eff. Aug. 23, 1983.
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