NEW YORK CODES, RULES AND REGULATIONS

@ 160.27 Applicability

Appearance enhancement licensure is not applicable to the following:

(a) Permanent makeup (micropigmentation): The practice of
micropigmentation or tattooing. However, should such practice be performed
in an appearance enhancement business, the owner and any licensed operator
performing such services shall be responsible for the proper sanitation and
disinfection and sterilization of all implements according to applicable
State and local standards and regulations.

(b) Massage: No appearance enhancement practitioner shall be authorized
to practice massage, including manual lymphatic drainage, as defined by section
7801 of the State Education law. Licensed appearance enhancement
practitioners may practice light massage of the surface layers of soft tissue for purposes
of beautification.

(c) Practice of medicine: No appearance enhancement licensee shall be
authorized to diagnose or treat diseases, including diseases of the skin,
hair and nails. Such activity is within the practice of medicine. An owner shall
not permit the practice of medicine at its business location without appropriate
licensure therefore.

(d) Practice of nursing: No appearance enhancement licensee shall be
authorized to practice nursing. An owner shall not permit the practice of
nursing at its business location without appropriate licensure therefore.

(e) Permanent dyeing: No appearance enhancement licensee shall be
authorized or permitted to apply dye of any kind to eyelash or eyebrow hair.

(f) Physician's supervision: The performance of services under the direct
supervision of a physician or nurse when performed within the direct employ
of and on the premises of a medical facility.

Section statutory authority: Education Law, @ 7801

Statutory authority: General Business Law, @ 404

Repealed and added 160.27 on 11/16/94.




Summary of Bill A02599
BILL NO A02599

SPONSOR Connelly

COSPNSR Seminerio

MLTSPNSR Cook, Destito, Greene, Sanders

Amd S260.21, add S120.40, Pen L
Makes piercing or branding the body of a child under the age of eighteen years
by means of body piercing or branding instruments the class B misdemeanor of
unlawfully dealing with a child in the second degree; makes the tattooing,
branding or piercing of the body of a person who is intoxicated or under the
influence of drugs the class B misdemeanor of unlawful body marking.

Actions on Bill A02599
BILL NO A02599

01/26/1999referred to codes
06/23/1999reported referred to rules
01/05/2000referred to codes

Votes on Bill A02599
Vote record not found for bill A2599

Memo on Bill A02599
BILL NUMBER: A2599

PURPOSE OR GENERAL IDEA OF BILL:

Makes piercing or branding the body of a child under 18 years of age a
Class B misdemeanor. Also makes the tattooing, piercing or branding of
anyone under the influence of alcohol or drugs a crime.

SUMMARY OF SPECIFIC PROVISIONS:

Adds a new subdivision 4 to Section 260.21 of the Penal Law
classifying body piercing and body branding on a child less than 18
years of age as unlawfully dealing with a child in the second degree,
a Class B misdemeanor. Piercing of the ears is specifically excluded
under this subdivision. Also adds a new Section 120.40 to the Penal
Law creating the crime of unlawful body marking. Wherein, an
individual could be charged if they knowingly tattoo, brand or pierce
the body of a person under the influence of alcohol or drugs.

EXISTING LAW:

Currently, Section 260.21 of the Penal Law only classifies tattooing a
child under 18 as unlawfully dealing with a child a Class B
misdemeanor. There are no provisions on piercing or branding those
under 18 or individuals who are intoxicated.

JUSTIFICATION:

Increased popularity in body art (tattooing and body piercing) raises
serious public health concerns. Both tattooing and piercing carry the
risk of infection and disease transmission. According to the Center
for Disease Control, medical complications arising from body piercing
appear to be greater than tattooing. Because many artists and body
piercers are not trained health care practitioners the risk is also
heightened. Therefore, this legislation restricts the practice to
sober adults who can more objectively assess the risks to their
health.

LEGISLATIVE HISTORY: 1998 (A.8937) - Held in Codes Committee

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.

Summary of Bill A05232
BILL NO A05232

SPONSOR Darcy

COSPNSR

MLTSPNSR Burling, Casale, Crouch, O`Connell

Add Art 14-A 1420 - 1425; Pub Health L
Provides for the regulation and licensing of persons engaged in the act or
practice of body-piercing or tattooing; makes exceptions for persons licensed
under the education law; 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.

Actions on Bill A05232
BILL NO A05232

02/24/1999referred to health
05/25/1999held for consideration in health
01/05/2000referred to health

Votes on Bill A05232
Vote record not found for bill A5232

Memo on Bill A05232
BILL NUMBER: A5232

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 commissions
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:

None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

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.

Summary of Bill A06181
BILL NO A06181C

SPONSOR Pheffer

COSPNSR

MLTSPNSR

Add Art 27-B SS429-a - 429-i, Gen Bus L; amd S206, Pub Health L
Provides for the regulation of body piercing specialists and tattooists;
requires a permit issued by the department of health for such body-piercing
specialists and tattooists; imposes a fee of twenty dollars for such permit;
creates a misdemeanor offense for any person who engages in the practice of
body-piercing or tattooing, or who operates a body piercing studio or tattoo
studio without a permit.

Actions on Bill A06181
BILL NO A06181C

03/02/1999referred to health
03/22/1999amend and recommit to health
03/22/1999print number 6181a
05/12/1999amend and recommit to health
05/12/1999print number 6181b
05/25/1999reported referred to codes
06/12/1999amend (t) and recommit to codes
06/12/1999print number 6181c
06/17/1999reported referred to ways and means
06/21/1999reported referred to rules
01/05/2000referred to health

Votes on Bill A06181
Vote record not found for bill A6181

Memo on Bill A06181
BILL NUMBER: A6181C

PURPOSE: Provides for the regulation of body piercing specialists and
tattooists.

SUMMARY OF PROVISIONS: Amends the general business law by adding health
related requirements pertaining to body piercing and tattooing. The new
article, 27-B, contains definitions of what constitutes body piercing,
tattooing, and practitioners. It also grants to the Secretary of the
Department of State in consultation with the Department of Health the
power to establish regulations regarding the hygiene and sterility of
instruments and facilities, as well as disposal requirements. Finally,
the act institutes a two-year, renewable permit requirement and
permit-related procedures for the operation of a body piercing or
tattooing business.

JUSTIFICATION: Presently, there are no laws governing the sanitation of
the practice of body piercing or tattooing. Given the growing popularity
of these trends, there is a pressing need to protect the citizens of
this state from the potential health hazards of piercing and tattooing,
among them AIDS and hepatitis. This act, through the establishment of
requirements of sterility and hygiene, helps to lessen the probability
of the communication and speed of such diseases and viruses. Further,
allowing the Departments of State and Health to operate a permit system
adds additional protection by ensuring that studios and parlors that
engage in this service meet strict health code standards.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first day of November
next succeeding the date on which it shall have become a law.

Summary of Bill S01326
BILL NO S01326C

SPONSOR MARCELLINO

COSPNSR BONACIC, DEFRANCISCO, HOFFMANN, MALTESE, MARCHI, RATH, SEWARD, VELELL

MLTSPNSR

Add Art 27-B SS429-a - 429-i, Gen Bus L
Provides for the regulation of body piercing specialists and tattooists;
requires a permit issued by the department of health for such body-piercing
specialists and tattooists; imposes a fee of twenty dollars for such permit;
creates a misdemeanor offense for any person who engages in the practice of
body-piercing or tattooing, or who operates a body piercing studio or tattoo
studio without a permit.

Actions on Bill S01326
BILL NO S01326C

01/20/1999REFERRED TO CONSUMER PROTECTION
03/11/1999AMEND AND RECOMMIT TO CONSUMER PROTECTION
03/11/1999PRINT NUMBER 1326A
04/27/19991ST REPORT CAL.795
04/28/19992ND REPORT CAL.
05/03/1999ADVANCED TO THIRD READING
05/10/1999AMENDED ON THIRD READING 1326B
06/07/1999AMENDED ON THIRD READING (T) 1326C
06/14/1999PASSED SENATE
06/14/1999DELIVERED TO ASSEMBLY
06/14/1999referred to codes
01/05/2000died in assembly
01/05/2000returned to senate
01/05/2000RECOMMITTED TO CONSUMER PROTECTION

Votes on Bill S01326
Vote record not found for bill S1326

Memo on Bill S01326
Memo record not found for bill S1326

Summary of Bill S01564
BILL NO S01564

SPONSOR PADAVAN

COSPNSR DEFRANCISCO, HOFFMANN, JOHNSON, MALTESE, MARCHI, RATH, SEWARD, VOLKER

MLTSPNSR

Amd S260.21, add S120.40, Pen L
Makes piercing or branding the body of a child under the age of eighteen years
by means of body piercing or branding instruments the class B misdemeanor of
unlawfully dealing with a child in the second degree; makes the tattooing,
branding or piercing of the body of a person who is intoxicated or under the
influence of drugs the class B misdemeanor of unlawful body marking.

Actions on Bill S01564
BILL NO S01564

01/26/1999REFERRED TO CODES
04/27/19991ST REPORT CAL.735
04/28/19992ND REPORT CAL.
05/03/1999ADVANCED TO THIRD READING
06/14/1999PASSED SENATE
06/14/1999DELIVERED TO ASSEMBLY
06/14/1999referred to codes
01/05/2000died in assembly
01/05/2000returned to senate
01/05/2000RECOMMITTED TO CODES

Votes on Bill S01564
Vote record not found for bill S1564

Memo on Bill S01564
Memo record not found for bill S1564