Bill Text: NY A10095 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 10095 (Prior Session Legislation)

Introduced

Bill Title: Allows body piercing with parental or guardian consent for persons under the age of 18.

Spectrum: Slight Partisan Bill (Democrat 22-9)

Status: (Passed) 2012-07-30 - signed chap.270 [A10095 Detail]

Download: New_York-2011-A10095-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10095
                                 I N  A S S E M B L Y
                                      May 3, 2012
                                      ___________
       Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
         Committee on Health
       AN ACT to amend the public health law,  in  relation  to  allowing  body
         piercing  with  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.  1. NO OWNER, OPERATOR
    4  OR EMPLOYEE OF A BODY PIERCING STUDIO SHALL PERMIT BODY  PIERCING  ON  A
    5  PERSON  UNDER EIGHTEEN YEARS OF AGE UNLESS SUCH PERSON PROVIDES THE BODY
    6  PIERCING STUDIO WITH THE WRITTEN CONSENT, IN A FORM  PRESCRIBED  BY  THE
    7  COMMISSIONER,  OF  A  PARENT OR LEGAL GUARDIAN TO USE SUCH BODY PIERCING
    8  STUDIO. THE PARENT OR LEGAL GUARDIAN SHALL SIGN SUCH CONSENT FORM IN THE
    9  PRESENCE OF THE OWNER OF THE BODY PIERCING STUDIO  OR  A  BODY  PIERCING
   10  SPECIALIST  OF  SUCH  STUDIO.  SUCH  ORIGINAL  WRITTEN  CONSENT SHALL BE
   11  RETAINED BY THE BODY PIERCING STUDIO FOR A PERIOD OF TWELVE  MONTHS  AND
   12  MAY  BE  RETAINED  OFF  PREMISES  PROVIDED  THAT  AN ELECTRONIC IMAGE OR
   13  FACSIMILE OF THE ORIGINAL SIGNED CONSENT FORM IS  READILY  AVAILABLE  BY
   14  THE OWNER OR EMPLOYEE RESPONSIBLE FOR THE OPERATION OF THE BODY PIERCING
   15  STUDIO.
   16    2.  A WRITTEN CONSENT FORM SIGNED BY A PARENT OR LEGAL GUARDIAN PURSU-
   17  ANT TO SUBDIVISION ONE OF THIS SECTION SHALL EXPIRE TWELVE  MONTHS  FROM
   18  THE  DATE IT IS SIGNED BY THE PARENT OR LEGAL GUARDIAN. UPON THE EXPIRA-
   19  TION OF A WRITTEN CONSENT FORM, A NEW WRITTEN CONSENT SHALL BE  PROVIDED
   20  IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION PRIOR TO THE
   21  USE OF A BODY PIERCING STUDIO BY ANY PERSON UNDER EIGHTEEN YEARS OF AGE.
   22    3.  THIS  SECTION  SHALL  BE  EXCLUSIVE AND SHALL PREEMPT ANY CONTRARY
   23  LOCAL LAW OR ORDINANCE, EXCEPT THAT THIS SECTION SHALL  NOT  PREEMPT  OR
   24  SUPERSEDE   LOCAL   LAWS  OR  ORDINANCES  IMPOSING  ADDITIONAL  STRICTER
   25  RESTRICTIONS ON THE OPERATION OF BODY  PIERCING  STUDIOS  WHICH  ARE  IN
   26  EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15617-01-2
       A. 10095                            2
    1    S  2.   This act shall take effect on the ninetieth day after it shall
    2  have become a law. Effective immediately, the addition, amendment and/or
    3  repeal of any rule or regulation necessary  for  the  implementation  of
    4  this  act  on  its  effective date is authorized to be made on or before
    5  such effective date.