Hawaiian law gives specific direction on the issuance of permits and licenses for tattoo artists. Beginning in 2009, state lawmakers authorized the Hawaii Department of Health to administer a formal examination before any licenses can be issued. Artists must register the locations where they will be operating, whether at a permanent storefront or short-term engagement, like a trade show. Fees for permits and licenses range up to $500, depending on the size of the operation. These regulations are spelled out for operators in the health department's administrative rules, Title 11:17.
In addition to the professional testing on health and safety topics, artists must pass a health examination. The physical must include testing for hepatitis, tuberculosis — including a chest X-ray — and sexually transmitted diseases. By law, the record of the artist's physical must be kept on file in the place of business. When licensed, artists must observe health regulations for the application of topical anesthetics, and only a licensed physician, osteopath or registered nurse may give a tattoo recipient an injection. Complete records must be kept on all clients, including the design of the tattoo. Additionally, an artist may not give a tattoo to a person who is under the influence of drugs, alcohol or other substances.
Tattoo artists are given specific instructions in Hawaii law for hand-washing and sterilizing needles and equipment; for example, needles must be autoclaved for 15 minutes at 15 lbs. of pressure. Dyes must be taken from single-use sterile containers and alcohol and petroleum jelly may only be applied with sterile cotton or gauze. Tattoo parlors are required by law to be no-smoking areas and must be well-lit. Ultimately, the owner or operator of the tattoo shop is required to maintain these sanitary conditions.
Leading up to the 2009 changes in state law, tattoo artists themselves pushed for increased penalties to require healthy and safe conditions. The Department of Health now may impose administrative fines of up to $10,000 for each instance of committing license fraud, giving a tattoo to a minor without the parent's consent or misleading inspectors. Artists shall be given due-process with a hearing prior to revocation or suspension of their license. Any intentional violation of Hawaii's regulations can result in criminal prosecution for a misdemeanor, with penalties of up to one year in prison and $500 in fines upon conviction. Additionally, the artist's license will be suspended for one year.