S T A T E   O F   N E W   Y O R K
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                                  6216

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of  A. BARRA, KOLB -- Multi-Sponsored by -- M. of A.
  TOWNSEND -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to providing for  the
  regulation  of body-piercing, ear-piercing and tattooing and providing
  for the licensing of persons engaged therein

  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 article
14-A to read as follows:

                              ARTICLE 14-A
                BODY-PIERCING, EAR-PIERCING AND TATTOOING

SECTION 1420. DECLARATION OF PUBLIC POLICY.
        1421. DEFINITIONS.
        1422. LICENSE REQUIRED.
        1423. REGULATIONS.
        1424. VIOLATIONS  NOTICE;  ADMINISTRATIVE  PROCEDURE;  TEMPORARY
                 RESTRAINING ORDER.
        1425. SEPARABILITY.
  S 1420. DECLARATION OF PUBLIC POLICY. THE LEGISLATURE HEREBY FINDS AND
DECLARES  THAT THE PRACTICE OF BODY-PIERCING, EAR-PIERCING AND TATTOOING
POSES SUBSTANTIAL HAZARDS TO PUBLIC HEALTH AND WARRANTS  THE  IMPOSITION
OF  REGULATION  AND LICENSURE TO PROTECT THE HEALTH, SAFETY, AND WELFARE
OF THE PUBLIC.
  S 1421. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "BODY-PIERCING"  -  THE  ACT  OR PRACTICE OF PASSING AN INSTRUMENT
THROUGH A PORTION OF THE HUMAN BODY SO AS  TO  CREATE  A  CANAL  THROUGH
WHICH AN ORNAMENT MAY BE APPENDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08025-01-9

              

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  2.  "EAR-PIERCING"  -  THE  ACT  OR  PRACTICE OF PASSING AN INSTRUMENT
THROUGH A PORTION OF THE HUMAN EAR SO AS TO CREATE A CANAL THROUGH WHICH
AN ORNAMENT MAY BE APPENDED.
  3.  "TATTOOING" - THE ACT OR PRACTICE OF INTRODUCING INKS OR DYES INTO
OR UNDERNEATH THE SKIN OF A HUMAN BEING TO PRODUCE THEREIN AN  INDELIBLE
OR NEARLY INDELIBLE IMAGE.
  S  1422.  LICENSE  REQUIRED.  NO PERSON SHALL ENGAGE IN BODY-PIERCING,
EAR-PIERCING OR TATTOOING UNLESS SUCH PERSON IS LICENSED TO DO THE  SAME
BY  THE DEPARTMENT.   SUCH LICENSE SHALL BE GRANTED ONLY TO A QUALIFYING
INDIVIDUAL, AND SHALL BE FOR A TERM OF TWO YEARS.
  S 1423.  REGULATIONS.  THE  DEPARTMENT  SHALL  PROMULGATE  REGULATIONS
ESTABLISHING  QUALIFICATIONS  FOR  LICENSURE TO ENGAGE IN BODY-PIERCING,
EAR-PIERCING OR TATTOOING AND SANITARY STANDARDS FOR SUCH ACTS OR  PRAC-
TICES.
  S   1424.   VIOLATIONS  NOTICE;  ADMINISTRATIVE  PROCEDURE;  TEMPORARY
RESTRAINING ORDER. 1. A VIOLATION OF THIS ARTICLE OR OF APPLICABLE REGU-
LATIONS IN THE ACT OR PRACTICE OF BODY-PIERCING, EAR-PIERCING OR TATTOO-
ING SHALL  CONSTITUTE  A  PUBLIC  NUISANCE  WHICH  MAY  BE  ENJOINED  OR
RESTRAINED.
  2.  WHEN  AN  OFFICER  HAS  CAUSE  TO  BELIEVE  THAT  THERE HAS BEEN A
VIOLATION OF THIS ARTICLE OR APPLICABLE REGULATIONS, UPON NOTICE OF  THE
VIOLATION  AND DEMAND FOR DISCONTINUANCE AND ABATEMENT THEREOF SERVED IN
WRITING IN THE MANNER PRESCRIBED FOR THE SERVICE OF SUMMONS SET FORTH IN
THE CIVIL PRACTICE LAW AND RULES, AN OFFICER MAY:
  (A) CONDUCT A HEARING UPON AT LEAST THREE DAYS NOTICE  SERVED  IN  THE
MANNER  PRESCRIBED  FOR THE SERVICE OF SUMMONS AS SET FORTH IN THE CIVIL
PRACTICE LAW AND RULES, AND
  (B) MAKE A DETERMINATION  AFTER  SUCH  HEARING  WITH  RESPECT  TO  THE
ALLEGED  VIOLATION  OR VIOLATIONS AND HAVE THE POWER TO ASSESS A FINE ON
THE VIOLATOR NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR EACH  VIOLATION
FOR  EACH  DAY  SUCCEEDING  THE DAY ON WHICH THE NOTICE OF VIOLATION AND
DEMAND FOR DISCONTINUANCE AND ABATEMENT THEREOF HAS BEEN GIVEN, AND
  (C) WITH RESPECT TO THE HEARING  SET  FORTH  HEREIN  THE  OFFICER,  IN
ACCORDANCE  WITH  THE CIVIL PRACTICE LAW AND RULES, MAY: ISSUE SUBPOENA,
COMPEL THE ATTENDANCE OF WITNESSES, AND ADMINISTER OATHS  TO  WITNESSES,
AND
  (D)  MAKE AN EX PARTE APPLICATION TO THE SUPREME COURT OF THE STATE OF
NEW YORK FOR A TEMPORARY RESTRAINING ORDER WHICH  THE  COURT  MAY  GRANT
WHEN  IT  DETERMINES  THAT THERE IS A VIOLATION WHICH REQUIRES IMMEDIATE
RELIEF.
  3. THE OFFICER MAY APPOINT ONE OR MORE HEARING OFFICERS  AS  SHALL  BE
NECESSARY  TO DO OR PERFORM IN HIS PLACE OR STEAD THE ACTS AUTHORIZED BY
PARAGRAPHS (A) AND (C) OF SUBDIVISION TWO OF THIS SECTION.  THE  HEARING
OFFICER  SHALL  MAKE  FINDINGS OF FACT AND SUBMIT RECOMMENDATIONS TO THE
OFFICER.
  4. AN OFFICER MAY INSTITUTE PROCEEDINGS TO ENJOIN THE  CONTINUANCE  OF
SUCH  VIOLATION  OR  TO  REVOKE  THE LICENSE OF THE VIOLATOR. NO BOND OR
UNDERTAKING SHALL BE REQUIRED OF SUCH OFFICER IN SUCH PROCEEDINGS AND NO
APPLICATION TO VACATE OR MODIFY ANY JUDGMENT OBTAINED  SHALL  BE  ENTER-
TAINED  BY ANY COURT WITHOUT PROOF TO SUCH COURT THAT TEN DAYS NOTICE OF
SUCH APPLICATION, AND COPIES OF THE PAPERS UPON WHICH THE APPLICATION IS
TO BE MADE, HAVE BEEN SERVED UPON SUCH OFFICER.
  5. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO  LIMIT  THE
DUTY OR POWER OF AN OFFICER TO ACT WITH REGARD TO AN IMMEDIATE THREAT TO
THE  HEALTH  OF THE PUBLIC, OR TO ALTER OR ABRIDGE ANY OF THE DUTIES AND
POWERS NOW OR HEREAFTER EXISTING IN  THE  COMMISSIONER,  STATE  DISTRICT

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HEALTH OFFICERS, COUNTY BOARDS OF HEALTH, COUNTY COMMISSIONERS OF HEALTH
OR LOCAL BOARDS OF HEALTH.
  S 1425. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
TENT  JURISDICTION  TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,  SECTION  OR  PART
THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL
HAVE BEEN RENDERED.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. The commissioner of health is authorized to
promulgate any and all rules and regulations and take any other measures
necessary to implement this act on its effective date on or before  such
date.