S T A T E O F N E W Y O R K ________________________________________________________________________ 1421 2015-2016 Regular Sessions I N S E N A T E January 12, 2015 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to requiring tattoo studios and body piercing studios to use single use needles and inks, to obtain consent forms from customers and to maintain customer consent forms for a period of not less than seven years THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 460 of the public health law is amended by adding 2 two new subdivisions 10 and 11 to read as follows: 3 10. "SINGLE USE INK" SHALL MEAN A SEALED AND PRE-FILLED PACKAGE OF INK 4 THAT IS ONLY INTENDED FOR A SINGLE USE. 5 11. "SINGLE USE NEEDLE" SHALL MEAN A SEALED AND STERILE PACKAGE OF A 6 DISPOSABLE NEEDLE. 7 S 2. The public health law is amended by adding a new section 467 to 8 read as follows: 9 S 467. SINGLE USE TATTOO AND BODY PIERCING EQUIPMENT. 1. ALL TATTOO 10 STUDIOS AND BODY PIERCING STUDIOS MUST ENSURE THAT SINGLE USE INKS AND 11 SINGLE USE NEEDLES ARE USED IN ALL TATTOO AND BODY PIERCING PROCEDURES 12 PERFORMED IN SUCH ESTABLISHMENTS. 13 2. PRIOR TO A PERSON RECEIVING A TATTOO OR BODY PIERCING FROM A 14 LICENSED TATTOOIST OR BODY PIERCING SPECIALIST, SUCH PERSON AND LICENSED 15 TATTOOIST OR BODY PIERCING SPECIALIST MUST SIGN A FORM CONFIRMING THAT 16 THE TATTOOIST OR BODY PIERCING SPECIALIST: 17 A. PRESENTED ALL SINGLE USE MATERIALS IN A STERILE AND SEALED PACKAGE, 18 THAT ARE TO BE USED DURING THE TATTOO OR BODY PIERCING PROCEDURE, TO THE 19 PERSON RECEIVING SUCH TATTOO OR BODY PIERCING; AND 20 B. OPENED ALL SINGLE USE MATERIALS THAT ARE TO BE USED DURING THE 21 TATTOO OR BODY PIERCING PROCEDURE INCLUDING NEEDLES, INKS AND OTHER 22 INSTRUMENTS IN THE PRESENCE OF THE PERSON RECEIVING SUCH TATTOO OR BODY 23 PIERCING. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00525-01-5 S. 1421 2 1 3. A COPY OF THE CONSENT FORM SHALL BE GIVEN TO THE PERSON RECEIVING A 2 TATTOO OR BODY PIERCING. THE TATTOO STUDIO OR BODY PIERCING STUDIO SHALL 3 RETAIN A COPY OF SUCH CONSENT FORM FOR A PERIOD NOT LESS THAN SEVEN 4 YEARS. 5 S 3. This act shall take effect on the one hundred twentieth day 6 after it shall have become a law.