Bill Text: NY A08698 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for the regulation of tattooing; requires a license for persons engaged therein; establishes the administrative procedure for when such regulations are violated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-31 - enacting clause stricken [A08698 Detail]
Download: New_York-2017-A08698-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8698 2017-2018 Regular Sessions IN ASSEMBLY October 5, 2017 ___________ Introduced by M. of A. D'URSO -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to providing for the regulation of tattooing and providing for the licensing of persons engaged therein 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 article 2 14-A to read as follows: 3 ARTICLE 14-A 4 TATTOOING 5 Section 1420. Declaration of public policy. 6 1421. Definitions. 7 1422. License required. 8 1423. Regulations. 9 1424. Violations notice; administrative procedure; temporary 10 restraining order. 11 1425. Separability. 12 § 1420. Declaration of public policy. The legislature hereby finds and 13 declares that the practice of tattooing poses substantial hazards to 14 public health and warrants the imposition of regulation and licensure to 15 protect the health, safety, and welfare of the public. 16 § 1421. Definitions. As used in this article, "tattooing" shall mean 17 the act or practice of introducing inks or dyes into or underneath the 18 skin of a human being to produce therein an indelible or nearly indeli- 19 ble image. 20 § 1422. License required. No person shall engage in tattooing unless 21 such person is licensed to do the same by the department. Such license 22 shall be granted only to a qualifying individual, and shall be for a 23 term of two years. 24 § 1423. Regulations. The department shall promulgate regulations 25 establishing qualifications for licensure to engage in tattooing and 26 sanitary standards for such acts or practices. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13433-01-7A. 8698 2 1 § 1424. Violations notice; administrative procedure; temporary 2 restraining order. 1. A violation of this article or of applicable regu- 3 lations in the act or practice of tattooing shall constitute a public 4 nuisance which may be enjoined or restrained. 5 2. When an officer has cause to believe that there has been a 6 violation of this article or applicable regulations, upon notice of the 7 violation and demand for discontinuance and abatement thereof served in 8 writing in the manner prescribed for the service of summons set forth in 9 the civil practice law and rules, an officer may: 10 (a) Conduct a hearing upon at least three days' notice served in the 11 manner prescribed for the service of summons as set forth in the civil 12 practice law and rules, and 13 (b) Make a determination after such hearing with respect to the 14 alleged violation or violations and have the power to assess a fine on 15 the violator not to exceed two hundred fifty dollars for each violation 16 for each day succeeding the day on which the notice of violation and 17 demand for discontinuance and abatement thereof has been given, and 18 (c) With respect to the hearing set forth herein the officer, in 19 accordance with the civil practice law and rules, may: issue subpoena, 20 compel the attendance of witnesses, and administer oaths to witnesses, 21 and 22 (d) Make an ex parte application to the supreme court of the state of 23 New York for a temporary restraining order which the court may grant 24 when it determines that there is a violation which requires immediate 25 relief. 26 3. The officer may appoint one or more hearing officers as shall be 27 necessary to do or perform in his place or stead the acts authorized by 28 paragraphs (a) and (c) of subdivision two of this section. The hearing 29 officer shall make findings of fact and submit recommendations to the 30 officer. 31 4. An officer may institute proceedings to enjoin the continuance of 32 such violation or to revoke the license of the violator. No bond or 33 undertaking shall be required of such officer in such proceedings and no 34 application to vacate or modify any judgment obtained shall be enter- 35 tained by any court without proof to such court that ten days notice of 36 such application, and copies of the papers upon which the application is 37 to be made, have been served upon such officer. 38 5. Nothing contained in this section shall be construed to limit the 39 duty or power of an officer to act with regard to an immediate threat to 40 the health of the public, or to alter or abridge any of the duties and 41 powers now or hereafter existing with the commissioner, state district 42 health officers, county boards of health, county commissioners of health 43 or local boards of health. 44 § 1425. Separability. If any clause, sentence, paragraph, subdivision, 45 section or part of this article shall be adjudged by any court of compe- 46 tent jurisdiction to be invalid, the judgment shall not affect, impair 47 or invalidate the remainder thereof, but shall be confined in its opera- 48 tion to the clause, sentence, paragraph, subdivision, section or part 49 thereof directly involved in the controversy in which the judgment shall 50 have been rendered. 51 § 2. This act shall take effect on the one hundred twentieth day after 52 it shall have become a law. The commissioner of health is authorized to 53 promulgate any and all rules and regulations and take any other measures 54 necessary to implement this act on its effective date on or before such 55 date.
