S T A T E O F N E W Y O R K
________________________________________________________________________
8698
2017-2018 Regular Sessions
I N A S S E M B L Y
October 5, 2017
___________
Introduced by M. of A. D'URSO -- 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 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
TATTOOING
SECTION 1420. DECLARATION OF PUBLIC POLICY.
1421. DEFINITIONS.
1422. LICENSE REQUIRED.
1423. REGULATIONS.
1424. VIOLATIONS NOTICE; ADMINISTRATIVE PROCEDURE; TEMPORARY
RESTRAINING ORDER.
1425. SEPARABILITY.
§ 1420. DECLARATION OF PUBLIC POLICY. THE LEGISLATURE HEREBY FINDS AND
DECLARES THAT THE PRACTICE OF 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.
§ 1421. DEFINITIONS. AS USED IN THIS ARTICLE, "TATTOOING" SHALL MEAN
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 INDELI-
BLE IMAGE.
§ 1422. LICENSE REQUIRED. NO PERSON SHALL ENGAGE IN 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.
§ 1423. REGULATIONS. THE DEPARTMENT SHALL PROMULGATE REGULATIONS
ESTABLISHING QUALIFICATIONS FOR LICENSURE TO ENGAGE IN TATTOOING AND
SANITARY STANDARDS FOR SUCH ACTS OR PRACTICES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13433-01-7
A. 8698 2
§ 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 TATTOOING 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
HEALTH OFFICERS, COUNTY BOARDS OF HEALTH, COUNTY COMMISSIONERS OF HEALTH
OR LOCAL BOARDS OF HEALTH.
§ 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.
§ 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.