Can a tattoo artist tatoo my minor child without my consent?

Full Question:

I am a licensed freelance tattoo artist in Hawaii. I performed tattoo works on a minor a year ago. His parents signed the consent letter too. However, it was lost. Am I punishable for this?
06/23/2017   |   Category: Minors ยป Body Art   |   State: Hawaii   |   #40599

Answer:

In Hawaii, tattooing any person under the age of eighteen without the written consent of the his parent or legal guardian or not maintaining the consent forms in a confidential manner at the tattoo shop for not less than two years is a violation of Hawaii law. Since you have not maintained the consent for as prescribed by lay, you have violated the law. The department of health may take enforcement action and impose penalties on you. The enforcement action may be combined with a permit or license revocation or suspension and may be brought together as one administrative action. However, you will be given a notice and the opportunity for a hearing.

The following are the Hawaii statutes in this regard:
 
§ 321-13.  Regulation of certain other occupations.
 
(a) The department of health, with the approval of the governor, may adopt rules as it deems necessary for the public health or safety respecting:

     (1) The occupations or practices of clinical laboratory directors, medical technologists (clinical laboratory scientists), clinical laboratory specialists, cytotechnologists, medical laboratory technicians (clinical laboratory technicians), tattoo artists, and environmental health professionals;

     (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; and

     (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.
 
§ 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.