A06216 Summary:

BILL NO    A06216 

SAME AS    No same as

SPONSOR    Barra (MS)

COSPNSR    Kolb

MLTSPNSR   Townsend

Add Art 14-A SS1420 - 1425, Pub Health L

Provides for the regulation and licensing of persons engaged in the act or
practice of body-piercing, ear-piercing or tattooing; makes related
administrative provisions such as violation notices, applications, temporary
restraining orders, hearing determinations and fines; requires department of
health to license, regulate, establish qualifications and sanitary standards.

A06216 Actions:

BILL NO    A06216 

02/26/2009 referred to health
01/06/2010 referred to health

A06216 Votes:

A06216 Memo:

 BILL NUMBER:  A6216

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

To provide for the regulation of body-piercing and tattooing and for
the licensing of persons engaged in these activities.

 SUMMARY OF SPECIFIC PROVISIONS

Declares as public policy that the practice of body-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.  Defines body-piercing; tattooing; requires
Dept.  of Health to license, regulate, establish qualifications and
sanitary standards. Exempts a person acting within the scope of a
profession if the person is licensed to practice pursuant to the
education law. The Dept. of Health regulations will establish
administrative procedures such as violation notices; applications;
temporary restraining orders, hearings, determinations and fines.
This bill is not intended to alter or abridge any duties and powers
now or hereafter existing in state, county or local health commission
or board.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

None - Adds new Article 14-A to Public Health Law.

 JUSTIFICATION :

Salons that provide hair care already require licenses. Body-piercing
and tattooing should fall under this category and should be subject to
the same licensing procedure.  Currently there is no law regulating
the practice of body-piercing, which is a growing industry.  This
places the health and safety of the public at risk. The main concern
behind creating the need for this legislation is the delicate nature
of piercing the skin and the need to have qualified individuals
administering the procedure.  If this procedure is done improperly, it
can lead to a number of diseases.  Doctors in the State Department of
Health have indicated that piercing the tongue or other
mucous-membrane sites of the body can lead to potentially
life-threatening infection, even if the posts used are sterile.  An
increasing number of minors are engaging in the practice of
body-piercing.  These body-piercing specialists are placing children's
health at risk.  While tattoo parlors already require parental consent
of minors and are required to change needles after each procedure,
they are not required to be licensed and, therefore, have no
regulating body to ensure the safety of the public. New York City
recently enacted a law to regulate tattoo parlors.

 PRIOR LEGISLATIVE HISTORY :

A4783 2007-2008, A4754 of 2005-2006, A3632 of 2004, A4958 of 2002,
A5232 of 2000, A5573 of 1998.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided that 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.