Bill Text: NY A04114 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulates body piercing and tattooing of persons under the age of 18; requires written consent of parent or guardian.

Spectrum: Moderate Partisan Bill (Republican 13-3)

Status: (Introduced - Dead) 2012-01-04 - referred to health [A04114 Detail]

Download: New_York-2011-A04114-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4114
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced 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 prohibiting body
         piercing and  tattooing  without  parental  or  guardian  consent  for
         persons under the age of eighteen
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  460-a to read as follows:
    3    S  460-A. RESTRICTIONS ON BODY PIERCING STUDIOS AND TATTOO STUDIOS. 1.
    4  NO OWNER, OPERATOR OR EMPLOYEE OF  A  BODY  PIERCING  STUDIO  OR  TATTOO
    5  STUDIO  SHALL  PERMIT BODY PIERCING OR TATTOOING ON A PERSON UNDER EIGH-
    6  TEEN YEARS OF AGE UNLESS SUCH PERSON PROVIDES THE BODY  PIERCING  STUDIO
    7  OR  TATTOO  STUDIO WITH THE WRITTEN CONSENT, IN A FORM PRESCRIBED BY THE
    8  COMMISSIONER, OF A PARENT OR LEGAL GUARDIAN TO USE  SUCH  BODY  PIERCING
    9  STUDIO  OR  TATTOO  STUDIO. THE PARENT OR LEGAL GUARDIAN SHALL SIGN SUCH
   10  CONSENT FORM IN THE PRESENCE OF THE OWNER OF THE BODY PIERCING STUDIO OR
   11  TATTOO STUDIO OR A BODY PIERCING SPECIALIST OR TATTOO SPECIALIST OF SUCH
   12  STUDIO. SUCH ORIGINAL WRITTEN CONSENT SHALL  BE  RETAINED  BY  THE  BODY
   13  PIERCING  STUDIO  OR TATTOO STUDIO FOR A PERIOD OF TWELVE MONTHS AND MAY
   14  BE RETAINED OFF PREMISES PROVIDED THAT AN ELECTRONIC IMAGE OR  FACSIMILE
   15  OF THE ORIGINAL SIGNED CONSENT FORM IS READILY AVAILABLE BY THE OWNER OR
   16  EMPLOYEE  RESPONSIBLE  FOR  THE OPERATION OF THE BODY PIERCING STUDIO OR
   17  TATTOO STUDIO.
   18    2. A WRITTEN CONSENT FORM SIGNED BY A PARENT OR LEGAL GUARDIAN  PURSU-
   19  ANT  TO  SUBDIVISION ONE OF THIS SECTION SHALL EXPIRE TWELVE MONTHS FROM
   20  THE DATE IT IS SIGNED BY THE PARENT OR LEGAL GUARDIAN. UPON THE  EXPIRA-
   21  TION  OF A WRITTEN CONSENT FORM, A NEW WRITTEN CONSENT SHALL BE PROVIDED
   22  IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION PRIOR TO THE
   23  USE OF A BODY PIERCING STUDIO OR TATTOO STUDIO BY ANY PERSON UNDER EIGH-
   24  TEEN YEARS OF AGE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08429-01-1
       A. 4114                             2
    1    3. THIS SECTION SHALL BE EXCLUSIVE  AND  SHALL  PREEMPT  ANY  CONTRARY
    2  LOCAL  LAW  OR  ORDINANCE, EXCEPT THAT THIS SECTION SHALL NOT PREEMPT OR
    3  SUPERSEDE  LOCAL  LAWS  OR  ORDINANCES  IMPOSING   ADDITIONAL   STRICTER
    4  RESTRICTIONS  ON  THE  OPERATION  OF  BODY  PIERCING  STUDIOS AND TATTOO
    5  STUDIOS WHICH ARE IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
    6    S  2.  This  act shall take effect on the ninetieth day after it shall
    7  have become a law; provided, however, that  effective  immediately,  the
    8  addition,  amendment  and/or  repeal of any rule or regulation necessary
    9  for the implementation of this act on its effective date are  authorized
   10  and directed to be made and completed on or before such effective date.