Revision Note
In this part, "part" substituted for "chapter".
Cross References
Sunset evaluations modified, see §§26H-4, 5.
Law Journals and Reviews
The Constitution and Inking: How Anderson v. City of Hermosa Beach Expanded First Amendment Protection for the Tattoo Industry. 33 UH L. Rev. 417 (2010).
§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]
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