Aloha all,
Our bill has been submitted as a House bill with a companion bill in the Senate. it has been read and referred to committees, which means we need testimony! The final draft of the bill, however, had some critical changes and omittions, so I have drafted testimony supporting the bill WITH specified revisions. Our agreed preliminary draft of the suggested bill is posted below in comments (so you can see our position & intent), and hopefully both the House and Senate bills will correspond shortly. Regardless, we need your testimony. This can be done in a couple of ways-- you can join our coalition (just send me your full name, address, phone, and e-mail address) or e-mail me at tattoo@lava.net and I will send you the addresses, and a sample of how it needs to be formated via e-mail. Please feel free to send any other feedback as well.
I will be in touch shortly regarding the other bill-- the one exempting practitioners of Hawaiian tattooing from any and all health regulations, which we are NOT in support of. We do support traditional tattooing, of course, which is inclufded in our current bills, but we believe any and all tattooing, regardless of method, should be regulated by the same health precautions.
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PROPOSED TATTOO STATUTES
REGARDING TEMPORARY PERMITS AND LICENSES
TATTOO PERMITS AND LICENSING
Definitions. As used in these rules:
“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.
“Tattoo Artist” and/or “Tattooist” 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]
Permit for tattoo shop
(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 initial application under this section shall be accompanied by a fee of $125 for a permit valid for one year. For a renewal, each applicant shall pay a fee of $75 per year. Initial permit fees and renewal fees may be increased a maximum of $10 per year.
(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 1st of each year.
(f) Temporary permits will be given for tattooing to occur in locations other than a permitted tattoo studio, for the purpose of trade shows and educational demonstrations, only if the facility and operational plan meet standards set by professional tattoo associations for conventions, as well as the specifications designated by the Department. Application must be made in writing to the department at least 60 days prior to the scheduled event, and must include specific measures that will be taken to meet specified health and safety standards, as well as a $50 application fee. Permit fees and further requirements are as follows:
(1) Should the event involve the participation of three or more tattooists, a site inspection must occur, and upon approval, a fee of $500. must be paid prior to the granting of the temporary permit. No event shall include more than forty participating tattooists.
(2) Should the event involve fewer than three tattooists for educational purposes only and not tattooing for monetary gain, a fee of $50 must be paid prior to the granting of the temporary permit.
(3) Fees may be increased by a maximum of $100 and $10 respectively per year.
(g) In the event the applicant fails to qualify for a license or for renewal, the application fees will not be refunded to the applicant.
(h) Penalty for tattooing at a location without a permit shall be a fine of no less than $500 and no more than $5000
License for tattoo artist.
(a) No person shall practice the art of tattoo either gratuitously or for pay unless the person holds a valid tattoo license issued by the department. A physician licensed to practice in the state of Hawaii 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 on virology, bacteriology and aseptic techniques before a license may be issued. Official proof of passing a blood borne pathogen course within the last two years, developed specifically for the tattoo industry approved by the director, is acceptable in lieu of the Hawaii State tattoo exam.
(c) Each applicant shall pay a fee of $125 for the initial exam or license. Renewals will be required on even numbered years, and shall be accompanied by a renewal fee of $75. Exam fees may be increased by a maximum of $25 per year and renewal fees may each be increased a maximum of $10 per year.
(d) Temporary licenses will be granted to visiting tattoo artists for a maximum of fourteen (14) days in any given calendar year provided they meet one of the following:
(1) the tattoo artist must show official proof of passing a blood borne pathogen course developed specifically for the tattoo industry approved by the director within the last two years; or
(2) the tattoo artist must have passed the Hawaii Department of Health tattoo artist written exam within the last two years.
(e) Application for temporary tattoo licenses must be made in writing to the Department at least 60 days prior to the proposed work dates, and must be accompanied by an application fee of $25, in addition to proof of meeting the aforementioned course/test requirements. The tattoo artist will be notified by mail of the approval or denial of their application. Should the temporary license be granted, the letter of notification and a photo ID must be shown, and a temporary license fee of $100 must be paid when picking up their license upon the onset of work dates. Temporary licensing fees may be increased by a maximum of $10 per year.
(f) In the event the applicant fails to qualify for a license or for renewal, the application fees will not be refunded to the applicant.
(g) No license (temporary or otherwise) or renewals will be granted until the applicant has met the following health requirements:
(1) the applicant must show proof of a negative TB test taken within the past six months, and
(2) the applicant must show proof of receiving the complete Hepatitis B vaccination series, or antibody testing showing immunity, unless the vaccine is contraindicated for medical reasons and/or the applicant has signed an appropriate waiver.
(h) Penalties for tattooing without proper licensing shall be a fine of no less than $500 and no more than $5000.
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 when:
(1) The person is found guilty of any fraud, deceit or misconduct in the practice of the occupation of tattooing.
(2) Violates any rules adopted by the department.
(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.
It seems that, according to this bill, absolutely no knowledge of tattooing is required in order to obtain a tattooing license. All one needs to do is pass an "appropriate" BBP course in order to tattoo. Don't need to know anything at all about tattooing. Selection of needles, adjusting machines, inks, techniques, ability to trace...none of this would be necessary in order to permanently mark up somebody else's body.
One can be color blind and still be a tattoo artist. Hell, a quadraplegic can be a tattoo artist!
How would you feel about a barber who has absolutely no knowledge of cutting hair...doesn't know the difference between a crew cut and a perm...yet she's licensed and working at Fantastic Sams simply because she knows how to avoid cross contamination? Fact of the matter is, barbers are required to complete several hundred hours of schooling AND pass a practical exam before being allowed to cut hair.
Why is it, then, that proposed regulations relating to tattooing -- a much more invasive AND permanent alteration than a hair cut -- would negate the need for practitioner skills and knowledge? That seems really bass ackwards to me.
Also...
From the business standpoint and shopowner's point of view -- this proposed regulation would create an easier entry into the industry and, consequently, will breed more competition for the rest of us. Every Tom Dick and Harry will be able to take the BBP class that will inevitably be offered by the APT (this bill WILL provide a demand for the APT BBP class, and is therefore somewhat nepotistic), and call themselves a "tattoo artist" without even having picked up a tattoo machine.
No, I think if any change in regulations are to occur, it should not only involve knowledge of modern asepsis techniques, but also implement the need for formal training (or documented apprenticeship). This would solve many problems inherent in Hawaii's current tattoo industry -- namely, scratchers buying machines from eBay and "blasting tats" on cheap locals too tight to spend money on quality work, and the proliferation of tattooing establishments (legitimate as well as illegitimate) throughout the state.
Just my thoughts.
Jerry DeGuzman
In response to Jerry:
Yes, we are in agreement with several of your points, and have discussed them in hopes of finding a solution. We would very much like to see a practicum required, and we have discussed this at length with staff members of both the DOH Sanitation Branch and the Infectious Disease Branch. Unless tattooing is moved to DCCA (which has drawbacks and also CANNOT happen this year) an apprenticeship cannot be required. One solution that has been discussed with staff members at all interested DOH branches is for a BBP course AND practicum to be offered by a staff member of DOH Infectious Disease working in conjunction with several tattooists who assist in the practicum portion. The Infectious Disease Specialist with DOH would be coordinating this endeavor, perhaps in conjunction with Life Foundation staff members. And I am happy to say, this could become a reality this year. Until tattooing is moved out of Health & Sanitation, that seems the only option that can be implemented quickly. Believe me, we looked at many options, but we are restricted in what can be required within the framework of the DOH Sanitation Branch for several reasons.
The same issue applies to the current revised exam—they wanted no questions what-so-ever on the practical aspects, not even machine functioning and such, even though we strongly recommended that they it be included. We had suggested a breakdown on the questions:
Approximately
20 to 25 questions on cross-contamination & BBP
5 on other disease/disorders such as diabetes, gout & skin disorders
10 on Laws (HIOSH, State Statute, and Dept. Rules & Regs)
10 to 15 on practical or applied aspects of tattooing (technical stuff).
All we could do on the testing front was make recommendations. The test has been updated, but it appears our suggestions were not implemented. At least it sounds as if the new test is a drastic improvement over the old one (although, granted, that is not saying a lot)!
We are trying to remain on good working terms with the DOH staff, and this has meant that we compromise on some things that we might have liked to see in the bill, and work closely with them on addressing our needs in Departmental Rules and Regulations instead. The DOH staff truly wanted to see the material that is likely to become Statute kept to a minimum, primarily addressing what needs to be revised in current Statute. The specifications that are currently addressed as Departmental Rules & Regs will hopefully be revised soon. and they seem open and willing to working with us on this endeavor.
Thanks for your thoughts.
Tricia
More on other courses/exams:
I realized I didn't comment on one of your major concerns, Jerry:
No, as it turns out the APT course will probably NOT be approved. The approval process is as follows: A draft of all course materials will be submitted to the infectious disease specialist within that branch of DOH. Materials are then reviewed by a LRN, physician, or other qualified individual meeting DOH requirements, who approves or denies it. Then a list of approved courses, as well as those NOT approved (such as Red Cross courses) is submitted with Dept of Health & Sanitation. The APT will not turn over their course materials, so it's highly unlikely that their course will be approved.
And I just heard that the Infectious Disease Branch course/practicum & exam looks even more likely. I hope it makes you feel slightly better, at least about this aspect.
Aloha,
Tricia
The State of Hawaii Department of Health will no longer be conducting tattoo artist license examinations effective January 19, 2013. Hawaii Revised Statutes Section §321-375 Examination, fee required. States that:
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(c). 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.
In order to obtain a State of Hawaii Tattoo Artist License, you must Obtain a certificate from a blood borne pathogen course developed specifically for the tattoo industry.
Biologix Solutions LLC is the Hawaii Department of Health Approved Online Bloodborne Pathogens Course for Body Art Professionals.
Course Signup: http://blxtraining.com/hawaii-tattoo-license/
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