S T A T E O F N E W Y O R K
________________________________________________________________________
4895
2015-2016 Regular Sessions
I N A S S E M B L Y
February 9, 2015
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Introduced by M. of A. CURRAN, CROUCH, DUPREY, FINCH -- Multi-Sponsored
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 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.
LBD08119-01-5
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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 WITH 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.