NY State Senate Bill 2015-S6357B

Senate Bill S6357B

Signed By Governor

2015-2016 Legislative Session

Relates to the promulgation of rules and regulations for tattoo studios and body piercing studios

download bill text pdf

Archive: Last Bill Status Via A8671 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2016	signed chap.6
Mar 04, 2016	delivered to governor
Mar 02, 2016	returned to assembly passed senate 3rd reading cal.183 substituted for s6357b
Mar 02, 2016	substituted by a8671a
Feb 25, 2016	advanced to third reading amended 6357b
Feb 24, 2016	2nd report cal.
Feb 09, 2016	1st report cal.183
Jan 25, 2016	print number 6357a
Jan 25, 2016	amend and recommit to health
Jan 06, 2016	referred to health

Votes

- Mar 2, 2016 - Floor Vote
  A8671
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 2, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Feb 9, 2016 - Health Committee Vote
  S6357B
  
  16
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 9, 2016
      
      aye (16)
      
      Farley
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Felder

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S6357 - Details

See Assembly Version of this Bill:: A8671
Law Section:: Public Health Law
Laws Affected:: Amd §§460 & 467, Pub Health L; amd §3, Chap 230 of 2015

2015-S6357 - Summary

Relates to the promulgation of rules and regulations for tattoo studios and body piercing studios.

2015-S6357 - Sponsor Memo

                                 BILL NUMBER:  S6357

 TITLE OF BILL :

An act to amend the public health law and chapter 230 of the laws of
2015 amending the public health law relating to requiring tattoo
studios and body piercing studios to use single use needles and inks,
to obtain consent forms from customers and to maintain customer
consent forms for a period of not less than seven years, in relation
to the promulgation of rules and regulations

 PURPOSE OF THE BILL :

The bill provides regulatory flexibility in determining safe and
protective ink handling procedures.

 SUMMARY OF PROVISIONS :

Section one of the bill amends section 467 of the public health law as
it relates to the definition of "approved ink handling procedures" and
"single use needle."

Section two of the bill amends section 467 of the public health law as
added by chapter 230 of 2015 as it relates to requiring the use of
single use needles and approved ink handling procedures in all tattoo
and body piercing procedures. It requires that customer sign a

confirmation form indicating that single use needles and approved ink
handling procedures were used during the procedure. The commissioner
of health shall make regulations related to these procedures.

Section three of the bill relates to the effective date.

Section four of the bill relates to empowering the commissioner to
periodically review the regulations related to this section and make
changes if necessary.

Section five of the bill relates to the manner in which the act shall
take effect.

 JUSTIFICATION :

This bill makes technical amendments to chapter 230 of 2015 which
required certain protocols during tattoo and body piercing procedures.
This bill will empower the commissioner to develop regulations that
require the use of approved ink handling procedures and single use
needles in all procedures.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS FOR STATE :

None.

 EFFECTIVE DATE :
This act shall take effect on the same date and in the same manner as
chapter 230 of the laws of 2015, takes effect.

2015-S6357 - Bill Text download pdf

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

                                  6357

                            I N  S E N A T E

                             January 6, 2016
                               ___________

Introduced  by  Sens. CARLUCCI, BOYLE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN ACT to amend the public health law and chapter 230  of  the  laws  of
  2015  amending  the  public  health  law  relating to requiring tattoo
  studios and body piercing studios to use single use needles and  inks,
  to  obtain  consent  forms  from  customers  and  to maintain customer
  consent forms for a period of not less than seven years,  in  relation
  to the promulgation of rules and regulations

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

  Section 1. Subdivisions 10 and 11 of section 460 of the public  health
law, as added by chapter 230 of the laws of 2015, are amended to read as
follows:
  10.  ["Single  use  ink" shall mean a sealed and pre-filled package of
ink that is only intended for  a  single  use]  "APPROVED  INK  HANDLING
PROCEDURE"  SHALL  MEAN  TATTOO  INK STORAGE AND USE PROCEDURES THAT ARE
APPROVED AND DEEMED PROTECTIVE BY THE DEPARTMENT.
  11. "Single use needle" shall mean a [sealed and sterile package of  a
disposable  needle]  A  STERILE  NEEDLE  NOT  PREVIOUSLY USED ON ANOTHER
PERSON.
  S 2. Section 467 of the public health law, as added by chapter 230  of
the laws of 2015, is amended to read as follows:
  S 467. Single use tattoo and body piercing equipment.
  1.  All  tattoo  studios  and  body piercing studios [must ensure that
single use inks and] SHALL USE ONLY single use needles  [are  used]  AND
APPROVED  INK HANDLING PROCEDURES in all tattoo and body piercing proce-
dures performed in such establishments.
  2. Prior to a person receiving  a  tattoo  or  body  piercing  from  a
licensed tattooist or body piercing specialist, such person and licensed
tattooist  or  body piercing specialist must sign a form confirming that
the tattooist or body piercing specialist:
  [a.] (A) Presented all single use [materials] NEEDLES in a sterile and
sealed package, that are to be used during the tattoo or  body  piercing
procedure, to the person receiving such tattoo or body piercing; and

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

                                                           LBD13287-02-5

S. 6357                             2

  [b.] (B) Opened all single use [materials] NEEDLES that are to be used
during  the  tattoo  or body piercing procedure [including needles, inks
and other instruments] in the presence  of  the  person  receiving  such
tattoo or body piercing.
  3.  A  copy  of  the [consent] CONFIRMATION form shall be given to the
person receiving a tattoo or body piercing. The tattoo  studio  or  body
piercing  studio shall retain a copy of such [consent] CONFIRMATION form
for a period not less than seven years.
  4. THE COMMISSIONER SHALL MAKE REGULATIONS UNDER THIS SECTION.
  S 3. Section 3 of chapter 230 of the laws of 2015 amending the  public
health  law  relating  to  requiring  tattoo  studios  and body piercing
studios to use single use needles and inks, to obtain consent forms from
customers and to maintain customer consent forms for  a  period  of  not
less than seven years, is amended to read as follows:
  S 3. This act shall take effect [on the one hundred twentieth day] ONE
YEAR  after  it  shall  have  become  a law; PROVIDED, HOWEVER, THAT THE
COMMISSIONER OF HEALTH MAY MAKE REGULATIONS AND TAKE ANY  OTHER  ACTIONS
NECESSARY  FOR  THE  IMPLEMENTATION  OF  THIS  ACT ON ITS EFFECTIVE DATE
BEFORE SUCH DATE.
  S 4. The commissioner of health shall periodically  review  the  regu-
lations  authorized by section 467 of the public health law to determine
if the standards set forth therein are appropriate.
  S 5. This act shall take effect on the  same  date  and  in  the  same
manner as chapter 230 of the laws of 2015, takes effect.

co-Sponsors

2015-S6357A - Details

See Assembly Version of this Bill:: A8671
Law Section:: Public Health Law
Laws Affected:: Amd §§460 & 467, Pub Health L; amd §3, Chap 230 of 2015

2015-S6357A - Summary

Relates to the promulgation of rules and regulations for tattoo studios and body piercing studios.

2015-S6357A - Sponsor Memo

                                 BILL NUMBER:  S6357A

 TITLE OF BILL :  An act to amend the public health law and chapter
230 of the laws of 2015 amending the public health law relating to
requiring tattoo studios and body piercing studios to use single use
needles and inks, to obtain consent forms from customers and to
maintain customer consent forms for a period of not less than seven
years, in relation to the promulgation of rules and regulations

 PURPOSE OF THE BILL:

The bill provides regulatory flexibility in determining safe and
protective ink handling procedures.

 SUMMARY OF PROVISIONS :

Section one of the bill amends section 467 of the public health law as
it relates to the definition of "approved ink handling procedures" and
"single use needle."

Section two of the bill amends section 467 of the public health law as
added by chapter 230 of 2015 as it relates to requiring the use of
single use needles and approved ink handling procedures in all tattoo
and body piercing procedures. It requires that customer sign a
confirmation form indicating that single use needles and approved ink
handling procedures were used during the procedure. The commissioner

of health shall make regulations related to these procedures.

Section three of the bill relates to the effective date.

Section four of the bill relates to empowering the commissioner to
periodically review the regulations related to this section and make
changes if necessary.

Section five of the bill relates to the manner in which the act shall
take effect.

 JUSTIFICATION :

This bill makes technical amendments to chapter 230 of 2015 which
required certain protocols during tattoo and body piercing procedures.
This bill will empower the commissioner to develop regulations that
require the use of approved ink handling procedures and single use
needles in all procedures.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS FOR STATE :

None.

 EFFECTIVE DATE :
This act shall take effect on the same date and in the same manner as
chapter 230 of the laws of 2015, takes effect.

2015-S6357A - Bill Text download pdf

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

                                 6357--A

                            I N  S E N A T E

                             January 6, 2016
                               ___________

Introduced  by  Sens. CARLUCCI, BOYLE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the public health law and chapter 230 of the laws of
  2015 amending the public  health  law  relating  to  requiring  tattoo
  studios  and body piercing studios to use single use needles and inks,
  to obtain consent  forms  from  customers  and  to  maintain  customer
  consent  forms  for a period of not less than seven years, in relation
  to the promulgation of rules and regulations

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

  Section  1. Subdivisions 10 and 11 of section 460 of the public health
law, as added by chapter 230 of the laws of 2015, are amended to read as
follows:
  10. ["Single use ink" shall mean a sealed and  pre-filled  package  of
ink  that  is  only  intended  for  a single use] "APPROVED INK HANDLING
PROCEDURE" SHALL MEAN TATTOO INK STORAGE AND  USE  PROCEDURES  THAT  ARE
APPROVED AND DEEMED PROTECTIVE BY THE DEPARTMENT.
  11.  "Single use needle" shall mean a [sealed and sterile package of a
disposable] NEEDLE THAT IS STERILE AND  THAT  HAS  NEVER  BEEN  USED  ON
ANOTHER PERSON.
  S  2. Section 467 of the public health law, as added by chapter 230 of
the laws of 2015, is amended to read as follows:
  S 467. Single use tattoo and body piercing equipment.   1. All  tattoo
studios and body piercing studios [must ensure that single use inks and]
SHALL  USE  ONLY single use needles [are used] AND APPROVED INK HANDLING
PROCEDURES in all tattoo and body piercing procedures performed in  such
establishments.
  2.  Prior  to  a  person  receiving  a  tattoo or body piercing from a
licensed tattooist or body piercing specialist, such person and licensed
tattooist or body piercing specialist must sign a form  confirming  that
the tattooist or body piercing specialist:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13287-05-6

S. 6357--A                          2

  [a.] (A) Presented all single use [materials] NEEDLES in a sterile and
sealed  package,  that are to be used during the tattoo or body piercing
procedure, to the person receiving such tattoo  or  body  piercing,  AND
EXPLAINED THAT ONLY APPROVED INK HANDLING PROCEDURES WOULD BE USED; and
  [b.] (B) Opened all single use [materials] NEEDLES that are to be used
during  the  tattoo  or body piercing procedure [including needles, inks
and other instruments] in the presence  of  the  person  receiving  such
tattoo or body piercing.
  3.  A  copy  of  the [consent] CONFIRMATION form shall be given to the
person receiving a tattoo or body piercing. The tattoo  studio  or  body
piercing  studio shall retain a copy of such [consent] CONFIRMATION form
for a period not less than seven years.
  4. THE COMMISSIONER SHALL MAKE REGULATIONS UNDER THIS SECTION.
  S 3. Section 3 of chapter 230 of the laws of 2015 amending the  public
health  law  relating  to  requiring  tattoo  studios  and body piercing
studios to use single use needles and inks, to obtain consent forms from
customers and to maintain customer consent forms for  a  period  of  not
less than seven years, is amended to read as follows:
  S 3. This act shall take effect [on the one hundred twentieth day] ONE
YEAR  after  it  shall  have  become  a law; PROVIDED, HOWEVER, THAT THE
COMMISSIONER OF HEALTH MAY MAKE REGULATIONS AND TAKE ANY  OTHER  ACTIONS
NECESSARY  FOR  THE  IMPLEMENTATION  OF  THIS  ACT ON ITS EFFECTIVE DATE
BEFORE SUCH DATE.
  S 4. The commissioner of health shall periodically  review  the  regu-
lations  authorized by section 467 of the public health law to determine
if the standards set forth therein are appropriate.
  S 5. This act shall take effect on the  same  date  and  in  the  same
manner as chapter 230 of the laws of 2015, takes effect.

co-Sponsors

2015-S6357B (ACTIVE) - Details

See Assembly Version of this Bill:: A8671
Law Section:: Public Health Law
Laws Affected:: Amd §§460 & 467, Pub Health L; amd §3, Chap 230 of 2015

2015-S6357B (ACTIVE) - Summary

Relates to the promulgation of rules and regulations for tattoo studios and body piercing studios.

2015-S6357B (ACTIVE) - Sponsor Memo

2015-S6357B (ACTIVE) - Bill Text download pdf

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

                                 6357--B
    Cal. No. 183

                            I N  S E N A T E

                             January 6, 2016
                               ___________

Introduced  by  Sens. CARLUCCI, BOYLE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee -- reported favorably from said committee,
  ordered to first and second report, amended on second report,  ordered
  to  a  third  reading,  and  to be reprinted as amended, retaining its
  place in the order of third reading

AN ACT to amend the public health law and chapter 230  of  the  laws  of
  2015  amending  the  public  health  law  relating to requiring tattoo
  studios and body piercing studios to use single use needles and  inks,
  to  obtain  consent  forms  from  customers  and  to maintain customer
  consent forms for a period of not less than seven years,  in  relation
  to the promulgation of rules and regulations

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

  Section 1. Subdivisions 10 and 11 of section 460 of the public  health
law, as added by chapter 230 of the laws of 2015, are amended to read as
follows:
  10.  ["Single  use  ink" shall mean a sealed and pre-filled package of
ink that is only intended for  a  single  use]  "APPROVED  INK  HANDLING
PROCEDURE"  SHALL  MEAN  TATTOO  INK STORAGE AND USE PROCEDURES THAT ARE
APPROVED AND DEEMED PROTECTIVE BY THE DEPARTMENT.
  11. "Single use needle" shall mean a [sealed and sterile package of  a
disposable  needle]  NEEDLE THAT IS STERILE AND THAT HAS NEVER BEEN USED
ON ANOTHER PERSON.
  S 2. Section 467 of the public health law, as added by chapter 230  of
the laws of 2015, is amended to read as follows:
  S 467. Single use tattoo and body piercing equipment.
  1.  All  tattoo  studios  and  body piercing studios [must ensure that
single use inks and] SHALL USE ONLY single use needles  [are  used]  AND
APPROVED  INK HANDLING PROCEDURES in all tattoo and body piercing proce-
dures performed in such establishments.
  2. Prior to a person receiving  a  tattoo  or  body  piercing  from  a
licensed tattooist or body piercing specialist, such person and licensed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13287-07-6

S. 6357--B                          2

tattooist  or  body piercing specialist must sign a form confirming that
the tattooist or body piercing specialist:
  [a.] (A) Presented all single use [materials] NEEDLES in a sterile and
sealed  package,  that are to be used during the tattoo or body piercing
procedure, to the person receiving such tattoo  or  body  piercing,  AND
EXPLAINED THAT ONLY APPROVED INK HANDLING PROCEDURES WOULD BE USED; and
  [b.] (B) Opened all single use [materials] NEEDLES that are to be used
during  the  tattoo  or body piercing procedure [including needles, inks
and other instruments] in the presence  of  the  person  receiving  such
tattoo or body piercing.
  3.  A  copy  of  the [consent] CONFIRMATION form shall be given to the
person receiving a tattoo or body piercing. The tattoo  studio  or  body
piercing  studio shall retain a copy of such [consent] CONFIRMATION form
for a period not less than seven years.
  4. THE COMMISSIONER SHALL MAKE REGULATIONS UNDER THIS SECTION.
  S 3. Section 3 of chapter 230 of the laws of 2015 amending the  public
health  law  relating  to  requiring  tattoo  studios  and body piercing
studios to use single use needles and inks, to obtain consent forms from
customers and to maintain customer consent forms for  a  period  of  not
less than seven years, is amended to read as follows:
  S 3. This act shall take effect [on the one hundred twentieth day] ONE
YEAR  after  it  shall  have  become  a law; PROVIDED, HOWEVER, THAT THE
COMMISSIONER OF HEALTH MAY MAKE REGULATIONS AND TAKE ANY  OTHER  ACTIONS
NECESSARY  FOR  THE  IMPLEMENTATION  OF  THIS  ACT ON ITS EFFECTIVE DATE
BEFORE SUCH DATE.
  S 4. The commissioner of health shall periodically  review  the  regu-
lations  authorized by section 467 of the public health law to determine
if the standards set forth therein are appropriate.
  S 5. This act shall take effect on the  same  date  and  in  the  same
manner as chapter 230 of the laws of 2015, takes effect.

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Senate Bill S6357B

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status Via A8671 - Signed by Governor

Bill Amendments

co-Sponsors

Phil Boyle

2015-S6357 - Details

2015-S6357 - Summary

2015-S6357 - Sponsor Memo

2015-S6357 - Bill Text download pdf

co-Sponsors

Phil Boyle

2015-S6357A - Details

2015-S6357A - Summary

2015-S6357A - Sponsor Memo

2015-S6357A - Bill Text download pdf

co-Sponsors

Phil Boyle

2015-S6357B (ACTIVE) - Details

2015-S6357B (ACTIVE) - Summary

2015-S6357B (ACTIVE) - Sponsor Memo

2015-S6357B (ACTIVE) - Bill Text download pdf

Comments