senate Bill S7446

Allows body piercing with parental or guardian consent for persons under the age of 18

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / May / 2012
    • REFERRED TO HEALTH
  • 11 / Jun / 2012
    • REPORTED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1228
  • 13 / Jun / 2012
    • SUBSTITUTED BY A10095

Summary

Allows body piercing with parental or guardian consent for persons under the age of 18.

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Bill Details

See Assembly Version of this Bill:
A10095
Versions:
S7446
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Add ยง460-a, Pub Health L

Votes

16
1
16
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S7446

TITLE OF BILL:
An act
to amend the public health law,
in relation to allowing
body piercing
with parental or guardian consent for persons under the
age of eighteen

PURPOSE:
To place restrictions on an owner, operator
or employee of a
body piercing studio. This bill prohibits them from performing body
piercing on a person under eighteen years of age without the written
consent of a parent or guardian.

SUMMARY OF PROVISIONS:
Amends Article 4-A of the public health law by
adding section 460-a. Subdivision 1 prohibits any owner, operator or
employee of a body piercing studio from conducting that action on a
person under eighteen years of age, unless the studio is provided
with the written consent of a parent or legal guardian of the minor
in question. It also signifies that the written consent form will be
prescribed by the commissioner, and that a completed form must be
retained by the studio for 12 months. Subdivision 2 deals with the
expiration of a written consent form, and subdivision 3 concerns this
law in relation to local laws and ordinances.

JUSTIFICATION:
Of the people with body piercings, more than a third
received their first piercing before the age of 18. Body piercings
are well-documented to have possible adverse health effects, with
complications arising in 25% of all cases. These complications
include allergic reactions, skin infections, scarring, and general
discomfort. It is important for a parent or guardian to be aware of
all of the potential risks associated with body piercing, which is
generally not the case if written consent is not required by the
studio.

A recent article in the New York Post highlights a reporter who
witnessed girls as young as 12 receiving body piercings without
written consent at a studio on St. Marks Place in Manhattan. There is
currently no minimum age requirement for body piercing, and while
certain studios require written consent before piercing persons under
the age of eighteen, many do not. This legislation is necessary to
mitigate the dangerous effects of body piercing, while ensuring that
parents/guardians play a pivotal role in the decision for persons
less than eighteen years of age to receive a body piercing.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after
it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7446

                            I N  S E N A T E

                              May 18, 2012
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  allowing  body
  piercing  with  parental or guardian consent for persons under the age
  of eighteen

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
460-a to read as follows:
  S 460-A. RESTRICTIONS ON BODY PIERCING STUDIOS.  1. NO OWNER, OPERATOR
OR EMPLOYEE OF A BODY PIERCING STUDIO SHALL PERMIT BODY  PIERCING  ON  A
PERSON  UNDER EIGHTEEN YEARS OF AGE UNLESS SUCH PERSON PROVIDES THE BODY
PIERCING STUDIO WITH THE WRITTEN CONSENT, IN A FORM  PRESCRIBED  BY  THE
COMMISSIONER,  OF  A  PARENT OR LEGAL GUARDIAN TO USE SUCH BODY PIERCING
STUDIO. THE PARENT OR LEGAL GUARDIAN SHALL SIGN SUCH CONSENT FORM IN THE
PRESENCE OF THE OWNER OF THE BODY PIERCING STUDIO  OR  A  BODY  PIERCING
SPECIALIST  OF  SUCH  STUDIO.  SUCH  ORIGINAL  WRITTEN  CONSENT SHALL BE
RETAINED BY THE BODY PIERCING STUDIO FOR A PERIOD OF TWELVE  MONTHS  AND
MAY  BE  RETAINED  OFF  PREMISES  PROVIDED  THAT  AN ELECTRONIC IMAGE OR
FACSIMILE OF THE ORIGINAL SIGNED CONSENT FORM IS  READILY  AVAILABLE  BY
THE OWNER OR EMPLOYEE RESPONSIBLE FOR THE OPERATION OF THE BODY PIERCING
STUDIO.
  2.  A WRITTEN CONSENT FORM SIGNED BY A PARENT OR LEGAL GUARDIAN PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION SHALL EXPIRE TWELVE  MONTHS  FROM
THE  DATE IT IS SIGNED BY THE PARENT OR LEGAL GUARDIAN. UPON THE EXPIRA-
TION OF A WRITTEN CONSENT FORM, A NEW WRITTEN CONSENT SHALL BE  PROVIDED
IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION PRIOR TO THE
USE OF A BODY PIERCING STUDIO BY ANY PERSON UNDER EIGHTEEN YEARS OF AGE.
  3.  THIS  SECTION  SHALL  BE  EXCLUSIVE AND SHALL PREEMPT ANY CONTRARY
LOCAL LAW OR ORDINANCE, EXCEPT THAT THIS SECTION SHALL  NOT  PREEMPT  OR
SUPERSEDE   LOCAL   LAWS  OR  ORDINANCES  IMPOSING  ADDITIONAL  STRICTER
RESTRICTIONS ON THE OPERATION OF BODY  PIERCING  STUDIOS  WHICH  ARE  IN
EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15617-01-2

S. 7446                             2

  S  2.   This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on  its  effective date is authorized to be made on or before
such effective date.

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