S T A T E O F N E W Y O R K
________________________________________________________________________
5154
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. BUTLER -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to prohibiting body
piercing and tattooing without 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 AND TATTOO STUDIOS. 1.
NO OWNER, OPERATOR OR EMPLOYEE OF A BODY PIERCING STUDIO OR TATTOO
STUDIO SHALL PERMIT BODY PIERCING OR TATTOOING ON A PERSON UNDER EIGH-
TEEN YEARS OF AGE UNLESS SUCH PERSON PROVIDES THE BODY PIERCING STUDIO
OR TATTOO STUDIO WITH THE WRITTEN CONSENT, IN A FORM PRESCRIBED BY THE
COMMISSIONER, OF A PARENT OR LEGAL GUARDIAN TO USE SUCH BODY PIERCING
STUDIO OR TATTOO STUDIO. THE PARENT OR LEGAL GUARDIAN SHALL SIGN SUCH
CONSENT FORM IN THE PRESENCE OF THE OWNER OF THE BODY PIERCING STUDIO OR
TATTOO STUDIO OR A BODY PIERCING SPECIALIST OR TATTOO SPECIALIST OF SUCH
STUDIO. SUCH ORIGINAL WRITTEN CONSENT SHALL BE RETAINED BY THE BODY
PIERCING STUDIO OR TATTOO 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 OR
TATTOO 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 OR TATTOO STUDIO BY ANY PERSON UNDER EIGH-
TEEN YEARS OF AGE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07890-01-9
A. 5154 2
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 AND TATTOO
STUDIOS WHICH ARE IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.