Senate Bill S6211

                                 BILL NUMBER:  S6211

 TITLE OF BILL :

An act to amend the public health law, in relation to requiring
purchasers of tattoo equipment to prove they have a permit to operate
a tattoo parlor

 PURPOSE :

To require proof of license to operate as a tattoo artist, or to
operate a tattoo studio, in order to purchase tattoo equipment.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends the Public Health Law through the
addition of a new section 468. This section requires that any
purchaser of tattoo equipment show proof of a valid permit issued by
the Department of Health, under section 461 of the Public Health Law.
This section restricts the proof of permit requirement to transactions
involving equipment used solely to apply tattoos. For the purposes of
this section "tattoo equipment" shall but not be limited to tattoo
machines and machine parts, pneumatic tattoo equipment, tattoo inks
and other equipment or instruments used solely to apply tattoos,
"purchaser" shall mean any individual group or business entity.

              

Section 2 of this bill provides that the commissioner of health shall
promulgate and adopt rules and regulations to implement the provisions
of article 4-A of the public health law within 180 days of date of
this act.

Section 3 of this bill provides that this act shall take effect
immediately; provided, however, that if the Department of Health has
not promulgated the rules and regulations necessary to implement the
provisions of article 4-A of the Public Health Law by such effective
date, then this act shall take effect on the date that the
commissioner of health adopted and promulgated such rules and
regulations pursuant to section two of this act or upon the expiration
of the period of time set forth in section two of this act, whichever
is earlier; provided further, that the commissioner of health shall
notify the Legislative Bill Drafting Commission upon the occurrence of
the adoption and promulgation of the rules and regulations provided
for in this act in order that the commission may maintain an accurate
and timely effective database of the official text of the laws of the
state of New York in furtherance of effectuating the provisions of
section 44 of the Legislative Law and section 70-b of the Public
Officers Law.

 EXISTING LAW :

Under current law, a person must obtain a license from the Department
of Health in order to operate as a tattoo artist. There is no
limitation on the purchase of tattoo equipment currently.

 JUSTIFICATION :

Tattooing involves the use of needles and other instruments capable of
spreading lethal blood borne diseases such as Hepatitis and HIV/AIDS.
Prompted by the concern that the increasing popularity of tattoos
would exacerbate these public health risks, the State in 2001 enacted
legislation to regulate the tattoo and body piercing industry. This
legislation required tattoo artists to obtain a license from the
Department of Health, and to conform to sanitation and other
standards. Enforcement of this permit requirement remains hampered,
however, by the unregulated sale of tattoo equipment, which is
available to the licensed and unlicensed alike. As a result, many
individuals continue to receive tattoos from artists and
establishments not in compliance with safety and health codes.

Even though the current statutory scheme, which is Article 4-A of the
Public Health Law, regulating tattooing was enacted in 2001, the State
has failed to promulgate regulations implementing Article 4-A.  This
lack of action by the State has created differences in the regulation
of tattooing across the State. At least one local government (Suffolk)
has taken measures to address this problem by regulating the purchase
of tattoo equipment.

This bill closes a gap in New York's regulatory scheme by requiring
purchasers of tattoo equipment to show proof of a valid permit,
ensuring that tattoo equipment does not fall into the wrong hands.
This bill is strictly limited to equipment used solely to apply
tattoos; inks and other material or equipment that do not have as
their sole use the application of tattoos are excluded.

 LEGISLATIVE HISTORY :

2014: S.3836-B - Referred to Health
2013: S.3836-B - Referred to Health

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that if the
Department of Health has not promulgated the rules and regulations
necessary to implement the provisions of article 4-A of the Public
Health Law by such effective date, then this act shall take effect on
the date that the commissioner of health adopted and promulgated such
rules and regulations pursuant to section two of this act or upon the
expiration of the period of time set forth in section two of this act,
whichever is earlier; provided further, that the commissioner of
health shall notify the Legislative Bill Drafting Commission upon the
occurrence of the adoption and promulgation of the rules and
regulations provided for in this act in order that the commission may
maintain an accurate and timely effective database of the official
text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the Legislative Law and
section 70-b of the Public Officers Law.