§11-17-2
TITLE 11
DEPARTMENT OF HEALTH
CHAPTER 17
TATTOO ARTIST
§11-17-1 Scope of rules
§11-17-2 Definitions
§11-17-3 Permit for tattoo shop; fee
§11-17-4 License for tattoo artist; fee
§11-17-5 Revocation or suspension of license or permit
§11-17-6 Sanitation requirements for a tattoo shop
§11-17-7 Restrictions
§11-17-8 Equipment
§11-17-9 Dyes
§11-17-10 Aseptic technique
§11-17-11 Minimum operating standards
§11-17-12 Records
§11-17-13 Penalty
§11-17-14 Severability
Historical 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) 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
§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
Revision Note
In this part, "part" substituted for "chapter".
Cross References
Sunset evaluations modified, see §§26H-4, 5.
[§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.
"Tattoo artist" means any person who creates indelible
marks or decorative designs by introducing pigments beneath
the surface of the skin, resulting in permanent or semi-
permanent markings, with the aid of needles, electric
machines, hand tools, or other devices or means. [L 1990, c
285, pt of §2; am L 2009, c 130, §2]
§321-373 Regulation of tattoo artists. 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 or osteopathic
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 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. [L 1990, c 285, pt of §2; am L 1996,
c 202, §6; am L 2009, c 11, §35 and c 130, §3]
Note
The L 2009, c 11 amendment is retroactive to April 3,
2008. L 2009, c 11, §76(2).
[§321-373.5] Permit; required for tattoo shop and
temporary locations. (a) No person, partnership, firm,
corporation, or other legal entity shall operate a tattoo
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. For renewal of a permit, each
applicant shall pay a fee of $75 per year. Initial permit
application and renewal fees may be increased by not more
than $10 per year.
(c) All permits shall expire on December 31 of each
year. The application for a permit renewal shall be
submitted to the department in writing on or before
December 31 annually.
(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 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 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;
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. [L 2009, c 130, §1]
§321-374 License required; exemptions. (a) Except
as otherwise provided by law, no person shall practice the
occupation of tattoo artist in this State, with or without
compensation, consideration, or donation, or shall announce
oneself either publicly or privately as prepared or
qualified to practice that occupation without having a
valid unrevoked license from the department to do so.
(b) Physicians or osteopathic physicians holding a
valid unrevoked license under chapter 453 are exempt from
the requirements of this part.
(c) The department may issue, to tattoo artists 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.
Temporary licensees shall be subject to this part and
applicable rules.
(d) Applications for temporary licenses shall be made
in writing to the department at least sixty days prior to
the proposed event and accompanied by a nonrefundable
application fee of $100 and written proof satisfying the
requirements under subsection (e). An applicant shall be
notified of the disposition of the application within
twenty business days of the receipt of application.
(e) An applicant for a temporary license 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.
(f) Temporary license fees may be increased annually
by not more than $10.
(g) Licensed tattoo artists shall tattoo only in a
shop or temporary location that has a valid unrevoked
permit issued by the director. [L 1990, c 285, pt of §2; am
L 1996, c 202, §7; am L 2009, c 11, §36 and c 130, §4]
Note
The L 2009, c 11, §36 amendment is retroactive to April
3, 2008. L 2009, c 11, §76(2).
§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
or 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. 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; am L 2009, c 130, §5]
§321-376 REPEALED. L 2009, c 130, §8.
Note
L 2009, c 11, §37 purports to amend this section.
§321-377 Suspension or revocation of permit or
license. (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
(2) Violates this part or any of the rules adopted by
the department.
(b) In every case where it is proposed to revoke or
suspend a permit or license, the director shall give the
permittee or 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; am L
2002, c 34, §1; am L 2009, c 130, §6]
§321-378 REPEALED. L 2009, c 130, §9.
§321-379 Enforcement; penalties. (a) If the
department determines that any person has violated or is
violating any provision of this part, any rule adopted
pursuant to this part, or any term or condition of a permit
or license issued pursuant to this part, the department may
take enforcement action and impose penalties as provided in
section 321-20, except that the department may impose a
penalty not to exceed $10,000 per offense.
(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 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 or any
other 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;
(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 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 for not less than two years; or
(7) Making a false or misleading statement to the
department relating to any matter under this
part.
(c) An enforcement action under this section may be
combined with a permit or license revocation or suspension
under section 321-377 and may be brought together as one
administrative action.
(d) 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; am L 2009, c 130, §7]
§321-380 REPEALED. L 2009, c 130, §10.
[§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 REPEALED. L 2009, c 13, §11.
