Bill Text: NY A00415 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the licensing and regulation of pet groomers; establishes standards of care, training and testing; applicant must be at least sixteen years of age and have completed at least the tenth grade; current practitioners may continue but must be licensed within one year from effective date of legislation.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced - Dead) 2014-01-08 - referred to economic development [A00415 Detail]
Download: New_York-2013-A00415-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
415
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PAULIN, COOK, ZEBROWSKI, MILLMAN, CASTRO, HOOPER
-- Multi-Sponsored by -- M. of A. DINOWITZ, GABRYSZAK, PERRY, ROBIN-
SON, TITONE, WEISENBERG -- read once and referred to the Committee on
Economic Development
AN ACT to amend the general business law, in relation to the licensing
and regulation of pet groomers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new article
2 29-CCC to read as follows:
3 ARTICLE 29-CCC
4 LICENSING AND REGULATION OF PET GROOMERS
5 SECTION 539. DEFINITIONS.
6 540. STANDARD OF CARE.
7 541. RECORD KEEPING.
8 542. LICENSES.
9 543. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
10 544. INSPECTIONS.
11 545. VIOLATIONS.
12 546. CURRENT PRACTITIONERS.
13 S 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
14 HAVE THE FOLLOWING MEANINGS:
15 1. "PET" MEANS ANY ANIMAL PLACED IN THE CARE OF A PET GROOMER FOR
16 GROOMING OR STYLING.
17 2. "PET GROOMER" MEANS AN INDIVIDUAL, LICENSED AS A PET GROOMER WHO
18 BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL REMUNERATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04479-01-3
A. 415 2
1 3. "PET GROOMING FACILITY" MEANS A COMMERCIAL ESTABLISHMENT WHERE A
2 PET MAY BE BATHED, BRUSHED, CLIPPED OR STYLED.
3 S 540. STANDARD OF CARE. 1. THE PRIMARY CONCERN OF EVERY PERSON
4 LICENSED PURSUANT TO THIS ARTICLE SHALL BE THE SAFETY AND WELL-BEING OF
5 THE PET IN THEIR CARE. PETS NOT IN THE GROOMING PROCESS SHALL BE KEPT IN
6 STRUCTURALLY SOUND CLEAN CAGES. SUCH ENCLOSURES SHALL BE IN GOOD REPAIR
7 AND LARGE ENOUGH TO ALLOW EACH PET TO MAKE NORMAL POSTURAL ADJUSTMENTS
8 SUCH AS SITTING, STANDING AND TURNING AROUND. EACH PET SHALL BE CAGED
9 SEPARATELY.
10 2. OUTDOOR FACILITIES SHALL NOT BE UTILIZED IN INCLEMENT WEATHER.
11 INDOOR FACILITIES SHALL BE MAINTAINED AT A HEALTHY TEMPERATURE. THERE
12 SHALL BE SUFFICIENT LIGHTING TO FACILITATE CLEANING OF BOTH PETS AND
13 FACILITIES. SANITARY CONDITIONS SHALL BE MAINTAINED AT ALL TIMES.
14 3. UPON RECEIVING A PET FOR GROOMING, THE GROOMER SHALL INQUIRE AS TO
15 THE PET'S VETERINARIAN AND ANY SPECIAL NEEDS OF SUCH PET. ADEQUATE WATER
16 SUPPLY SHALL BE AVAILABLE FOR DRINKING AS WELL AS BATHING.
17 4. EVERY LOCATION WHERE PETS ARE GROOMED SHALL DISPLAY A TELEPHONE
18 NUMBER OF THE STATE BUREAU OR OFFICE WHERE THE PET'S OWNER MAY MAKE
19 KNOWN THEIR FEELINGS REGARDING THE SERVICES RECEIVED AT THE PET GROOMING
20 FACILITY.
21 5. PETS SHALL NOT BE LEFT UNATTENDED WHILE AT THE GROOMING FACILITY,
22 AND A DRYING CAGE SHALL NEVER BE USED.
23 6. EVERY PERSON LICENSED AS A PET GROOMER SHALL PROVE TO THE SATISFAC-
24 TION OF THE SECRETARY OF STATE OR A REPRESENTATIVE THEREOF THAT SUCH
25 PERSON IS INSURED COVERING THEIR LIABILITY FOR NEGLIGENT ACTS ASSOCIATED
26 WITH THEIR ACTIVITY AS A PET GROOMER.
27 S 541. RECORD KEEPING. 1. EACH PET GROOMER SHALL KEEP AND MAINTAIN
28 RECORDS REGARDING EACH ANIMAL CARED FOR AND THE OWNER THEREOF. SUCH
29 RECORDS SHALL INCLUDE THE NAME AND ADDRESS OF THE OWNER, THE PET'S
30 VETERINARIAN AND THE DATE OF PROVIDING SERVICE.
31 2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A PERIOD OF TWO
32 YEARS FROM THE DATE OF SERVICE. DURING NORMAL BUSINESS HOURS, SUCH
33 RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE
34 THE PROVISIONS OF THIS ARTICLE.
35 S 542. LICENSES. 1. THE SECRETARY OF STATE SHALL ESTABLISH A BUREAU OR
36 OFFICE FOR THE LICENSING OF INDIVIDUALS AS PET GROOMERS. SUCH BUREAU OR
37 OFFICE SHALL HAVE BRANCHES LOCATED IN VARIOUS AREAS OF THE STATE IN
38 SUFFICIENT NUMBER TO MEET THE NEEDS OF THE PEOPLE OF THE STATE. THE
39 SECRETARY OF STATE, IN COOPERATION AND CONSULTATION WITH THE EDUCATION
40 AND HEALTH DEPARTMENTS, SHALL ESTABLISH A TRAINING PROGRAM AND TESTING
41 PROCEDURE FOR APPLICANTS INTERESTED IN OBTAINING SUCH LICENSE.
42 2. THE BUREAU OR OFFICE SHALL CREATE AND MAINTAIN A ROSTER OF LICEN-
43 SEES BASED ON INFORMATION OBTAINED FROM APPLICANTS AND THE RESULTS OF
44 THEIR TRAINING AND TESTING. SUCH RECORD SHALL INCLUDE DISCIPLINARY
45 ACTION, SUSPENSION OF LICENSE AND REVOCATION.
46 3. NO INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
47 GROOMER'S LICENSE UNLESS SUCH APPLICANT IS AT LEAST SIXTEEN YEARS OF
48 AGE, IS OF GOOD MORAL CHARACTER AND HAS COMPLETED AT LEAST A TENTH GRADE
49 EDUCATION.
50 4. IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
51 THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY OF STATE SHALL
52 ISSUE SUCH APPLICANT A LICENSE AS A PET GROOMER UPON PAYMENT OF A TWENTY
53 DOLLAR BIENNIAL REGISTRATION FEE. AN APPLICANT WHO HAS NOT PASSED THE
54 EXAMINATION BUT WHO IS OTHERWISE QUALIFIED, MAY CONTINUE TO TAKE FURTHER
55 EXAMINATIONS UPON PAYMENT OF A TEN DOLLAR FEE FOR EACH EXAMINATION
56 TAKEN.
A. 415 3
1 5. A LICENSED PET GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS OR HER
2 DIRECT SUPERVISION, WHO ARE IN TRAINING FOR THE PET GROOMER'S EXAMINA-
3 TION. THE NAME OF THE PERSON IN CHARGE OF ANY PET GROOMING FACILITY
4 SHALL BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE LICENSE
5 OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
6 S 543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY OF
7 STATE MAY DECLINE TO GRANT OR RENEW, OR MAY SUSPEND OR REVOKE A PET
8 GROOMER'S LICENSE FOR A MATERIAL MISSTATEMENT IN THE APPLICATION FOR
9 SUCH LICENSE, FOR IMPROPER RECORD KEEPING OR BUSINESS PRACTICES OR FOR A
10 VIOLATION OF ANY PROVISION OF LAW RELATING TO THE HUMANE TREATMENT OF
11 ANIMALS.
12 2. PRIOR TO SUSPENSION OR REVOCATION OF A LICENSE AND UPON DUE NOTICE
13 TO THE LICENSEE, A HEARING SHALL BE HELD AS PROVIDED IN ARTICLES THREE
14 AND FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
15 3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
16 BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
17 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
18 S 544. INSPECTIONS. 1. THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
19 AGENTS SHALL MAKE YEARLY INSPECTIONS OF PET GROOMING FACILITIES TO
20 ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. AUTHORITY TO
21 CONDUCT SUCH INSPECTIONS AND REPORT THEREON MAY BE DELEGATED BY THE
22 SECRETARY OF STATE TO A COUNTY, CITY OR TOWN.
23 2. ANY PERSON MAKING SUCH INSPECTIONS SHALL BE FIRST PROVIDED TRAINING
24 IN THE PROVISIONS OF THIS ARTICLE AND THE PROPER CARE OF PETS IN GENER-
25 AL.
26 S 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
27 REFUSAL OF RENEWAL OF A LICENSE, AS OTHERWISE PROVIDED IN THIS ARTICLE,
28 ANY VIOLATION OF A PROVISION OF THIS ARTICLE IS A CIVIL OFFENSE, FOR
29 WHICH A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN ONE
30 THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED.
31 2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY THE
32 SECRETARY OF STATE AND BY ANY COUNTY, CITY OR TOWN TO WHICH THE SECRE-
33 TARY OF STATE HAS DELEGATED AUTHORITY. MONEYS COLLECTED THEREUNDER SHALL
34 BE RETAINED BY THE LOCAL MUNICIPALITY.
35 S 546. CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET GROOMING ON
36 THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
37 YEAR FROM SUCH DATE, BUT MUST, WITHIN SAID YEAR, MAKE APPLICATION FOR A
38 LICENSE AS PROVIDED IN THIS ARTICLE AND WILL BE SUBJECT TO THE
39 PROVISIONS OF THIS ARTICLE THEREAFTER.
40 S 2. This act shall take effect on the ninetieth day after it shall
41 have become a law; provided, however, that effective immediately the
42 addition, amendment or repeal of any rule or regulation necessary for
43 the implementation of this act on its effective date are authorized and
44 directed to be made and completed on or before such effective date.
