NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8671A
SPONSOR: Zebrowski TITLE OF BILL: An act to amend the public health law and chapter 230
of the laws of 2015 amending the public health law relating to requiring
tattoo studios and body piercing studios to use single use needles and
inks, to obtain consent forms from customers and to maintain customer
consent forms for a period of not less than seven years, in relation to
the promulgation of rules and regulations
PURPOSE OF THE BILL:
The bill provides regulatory flexibility in determining safe and protec-
tive ink handling procedures.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 467 of the public health law as
it relates to the definition of "approved ink handling procedures" and
"single use needle."
Section two of the bill amends section 467 of the public health law as
added by chapter 230 of 2015 as it relates to requiring the use of
single use needles and approved ink handling procedures in all tattoo
and body piercing procedures. It requires that customer sign a confirma-
tion form indicating that single use needles and approved ink handling
procedures were used during the procedure. The commissioner of health
shall make regulations related to these procedures.
Section three of the bill relates to the effective date.
Section four of the bill relates to empowering the commissioner to peri-
odically review the regulations related to this section and make changes
if necessary.
Section five of the bill relates to the manner in which the act shall
take effect.
JUSTIFICATION:
This bill makes technical amendments to chapter 230 of 2015 which
required certain protocols during tattoo and body piercing procedures.
This bill will empower the commissioner to develop regulations that
require the use of approved ink handling procedures and single use
needles in all procedures.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
chapter 230 of the laws of 2015, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8671--A
IN ASSEMBLY
January 12, 2016
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Health -- reported and referred to the Committee on Codes
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the public health law and chapter 230 of the laws of
2015 amending the public health law relating to requiring tattoo
studios and body piercing studios to use single use needles and inks,
to obtain consent forms from customers and to maintain customer
consent forms for a period of not less than seven years, in relation
to the promulgation of rules and regulations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 10 and 11 of section 460 of the public health
2 law, as added by chapter 230 of the laws of 2015, are amended to read as
3 follows:
4 10. ["Single use ink" shall mean a sealed and pre-filled package of
5 ink that is only intended for a single use] "Approved ink handling
6 procedure" shall mean tattoo ink storage and use procedures that are
7 approved and deemed protective by the department.
8 11. "Single use needle" shall mean a [sealed and sterile package of a
9 disposable needle] needle that is sterile and that has never been used
10 on another person.
11 § 2. Section 467 of the public health law, as added by chapter 230 of
12 the laws of 2015, is amended to read as follows:
13 § 467. Single use tattoo and body piercing equipment.
14 1. All tattoo studios and body piercing studios [must ensure that
15 single use inks and] shall use only single use needles [are used] and
16 approved ink handling procedures in all tattoo and body piercing proce-
17 dures performed in such establishments.
18 2. Prior to a person receiving a tattoo or body piercing from a
19 licensed tattooist or body piercing specialist, such person and licensed
20 tattooist or body piercing specialist must sign a form confirming that
21 the tattooist or body piercing specialist:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13287-06-6
A. 8671--A 2
1 [a.] (a) Presented all single use [materials] needles in a sterile and
2 sealed package, that are to be used during the tattoo or body piercing
3 procedure, to the person receiving such tattoo or body piercing, and
4 explained that only approved ink handling procedures would be used; and
5 [b.] (b) Opened all single use [materials] needles that are to be used
6 during the tattoo or body piercing procedure [including needles, inks
7 and other instruments] in the presence of the person receiving such
8 tattoo or body piercing.
9 3. A copy of the [consent] confirmation form shall be given to the
10 person receiving a tattoo or body piercing. The tattoo studio or body
11 piercing studio shall retain a copy of such [consent] confirmation form
12 for a period not less than seven years.
13 4. The commissioner shall make regulations under this section.
14 § 3. Section 3 of chapter 230 of the laws of 2015 amending the public
15 health law relating to requiring tattoo studios and body piercing
16 studios to use single use needles and inks, to obtain consent forms from
17 customers and to maintain customer consent forms for a period of not
18 less than seven years, is amended to read as follows:
19 § 3. This act shall take effect [on the one hundred twentieth day] one
20 year after it shall have become a law; provided, however, that the
21 commissioner of health may make regulations and take any other actions
22 necessary for the implementation of this act on its effective date
23 before such date.
24 § 4. The commissioner of health shall periodically review the regu-
25 lations authorized by section 467 of the public health law to determine
26 if the standards set forth therein are appropriate.
27 § 5. This act shall take effect on the same date and in the same
28 manner as chapter 230 of the laws of 2015, takes effect.
