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