An Act To Change the Licensing Authority for Tattoo Artists
Maine Legislature, Session 130, LD 0459
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: FECTEAU, POULIOT, COLLINGS, DOORE, WARREN, STEWART
Amends: 32 MRSA §4204, 32 MRSA §4251, 32 MRSA §4252, 32 MRSA §4301

Legislative Document
No. 459
H.P. 335
House of Representatives, February 16, 2021
An Act To Change the Licensing Authority for Tattoo Artists
Received by the Clerk of the House on February 11, 2021.  Referred to the Committee on 
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2 
and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FECTEAU of Augusta.
Cosponsored by Senator POULIOT of Kennebec and
Representatives: COLLINGS of Portland, DOORE of Augusta, WARREN of Hallowell, 
Senator: STEWART of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §4204, as repealed and replaced by PL 2013, c. 264, §14, is 
amended to read:
§4204.  Penalties
1.  Penalty.  A person who fails to be licensed as required by this chapter, violates the 
sterilization, sanitation or safety standards adopted by the Department of Health and 
Human Services Professional and Financial Regulation under section 4251 or performs 
tattooing on a minor commits a civil violation for which a fine of not less than $500 nor 
more than $1,000 may be adjudged for each violation.
2.  Enforcement.  A person who fails to pay a penalty imposed pursuant to this chapter:
A.  May be referred to the Attorney General for appropriate enforcement action; and
B.  In addition to all fines and penalties imposed pursuant to this chapter, is liable for 
any interest, costs and fees incurred by the Department of Health and Human Services 
Professional and Financial Regulation, including attorney's fees.
Sec. 2.  32 MRSA c. 63, sub-c. 2, headnote is amended to read:
SUBCHAPTER 2
DEPARTMENT OF HUMAN SERVICES LICENSING AUTHORITY
Sec. 3.  32 MRSA §4251, as amended by PL 1975, c. 293, §4 and PL 2003, c. 689, 
Pt. B, §6, is further amended to read:
§4251.  Rules and regulations
The Department of Health and Human Services Professional and Financial Regulation 
is authorized and empowered to make necessary rules and regulations governing the 
application of tattoos upon the bodies of human beings.
Sec. 4.  32 MRSA §4252, as amended by PL 2013, c. 264, §15, is further amended 
to read:
§4252.  Issuance of licenses
The Department of Health and Human Services Professional and Financial Regulation 
may license persons to practice the art of tattooing. Such licenses are issued for a term of 
one year and may be renewed annually.  The fee for an initial license or a renewal license 
may not exceed $250.  All fees collected by the department pursuant to this section must 
be deposited in a special revenue account dedicated to a health inspection program.
Sec. 5.  32 MRSA §4301, as amended by PL 1975, c. 293, §4 and PL 2003, c. 689, 
Pt. B, §6, is further amended to read:
§4301.  License required
No person shall place a tattoo upon the body of another human being without first 
obtaining a license from the Department of Health and Human Services Professional and 
Financial Regulation.
SUMMARY
This bill changes the licensing authority for tattoo artists from the Department of Health 
and Human Services to the Department of Professional and Financial Regulation.