Bill Text: NY S03156 | 2011-2012 | 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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-10 - REFERRED TO CONSUMER PROTECTION [S03156 Detail]
Download: New_York-2011-S03156-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3156
2011-2012 Regular Sessions
I N S E N A T E
February 10, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
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.
19 3. "PET GROOMING FACILITY" MEANS A COMMERCIAL ESTABLISHMENT WHERE A
20 PET MAY BE BATHED, BRUSHED, CLIPPED OR STYLED.
21 S 540. STANDARD OF CARE. 1. THE PRIMARY CONCERN OF EVERY PERSON
22 LICENSED PURSUANT TO THIS ARTICLE SHALL BE THE SAFETY AND WELL-BEING OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00754-01-1
S. 3156 2
1 THE PET IN THEIR CARE. PETS NOT IN THE GROOMING PROCESS SHALL BE KEPT IN
2 STRUCTURALLY SOUND CLEAN CAGES. SUCH ENCLOSURES SHALL BE IN GOOD REPAIR
3 AND LARGE ENOUGH TO ALLOW EACH PET TO MAKE NORMAL POSTURAL ADJUSTMENTS
4 SUCH AS SITTING, STANDING AND TURNING AROUND. EACH PET SHALL BE CAGED
5 SEPARATELY.
6 2. OUTDOOR FACILITIES SHALL NOT BE UTILIZED IN INCLEMENT WEATHER.
7 INDOOR FACILITIES SHALL BE MAINTAINED AT A HEALTHY TEMPERATURE. THERE
8 SHALL BE SUFFICIENT LIGHTING TO FACILITATE CLEANING OF BOTH PETS AND
9 FACILITIES. SANITARY CONDITIONS SHALL BE MAINTAINED AT ALL TIMES.
10 3. UPON RECEIVING A PET FOR GROOMING, THE GROOMER SHALL INQUIRE AS TO
11 THE PET'S VETERINARIAN AND ANY SPECIAL NEEDS OF SUCH PET. ADEQUATE WATER
12 SUPPLY SHALL BE AVAILABLE FOR DRINKING AS WELL AS BATHING.
13 4. EVERY LOCATION WHERE PETS ARE GROOMED SHALL DISPLAY A TELEPHONE
14 NUMBER OF THE STATE BUREAU OR OFFICE WHERE THE PET'S OWNER MAY MAKE
15 KNOWN THEIR FEELINGS REGARDING THE SERVICES RECEIVED AT THE PET GROOMING
16 FACILITY.
17 5. PETS SHALL NOT BE LEFT UNATTENDED WHILE AT THE GROOMING FACILITY,
18 AND A DRYING CAGE SHALL NEVER BE USED.
19 6. EVERY PERSON LICENSED AS A PET GROOMER SHALL PROVE TO THE SATISFAC-
20 TION OF THE SECRETARY OF STATE OR A REPRESENTATIVE THEREOF THAT SUCH
21 PERSON IS INSURED COVERING THEIR LIABILITY FOR NEGLIGENT ACTS ASSOCIATED
22 WITH THEIR ACTIVITY AS A PET GROOMER.
23 S 541. RECORD KEEPING. 1. EACH PET GROOMER SHALL KEEP AND MAINTAIN
24 RECORDS REGARDING EACH ANIMAL CARED FOR AND THE OWNER THEREOF. SUCH
25 RECORDS SHALL INCLUDE THE NAME AND ADDRESS OF THE OWNER, THE PET'S
26 VETERINARIAN AND THE DATE OF PROVIDING SERVICE.
27 2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A PERIOD OF TWO
28 YEARS FROM THE DATE OF SERVICE. DURING NORMAL BUSINESS HOURS, SUCH
29 RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE
30 THE PROVISIONS OF THIS ARTICLE.
31 S 542. LICENSES. 1. THE SECRETARY OF STATE SHALL ESTABLISH A BUREAU OR
32 OFFICE FOR THE LICENSING OF INDIVIDUALS AS PET GROOMERS. SUCH BUREAU OR
33 OFFICE SHALL HAVE BRANCHES LOCATED IN VARIOUS AREAS OF THE STATE IN
34 SUFFICIENT NUMBER TO MEET THE NEEDS OF THE PEOPLE OF THE STATE. THE
35 SECRETARY OF STATE, IN COOPERATION AND CONSULTATION WITH THE EDUCATION
36 AND HEALTH DEPARTMENTS, SHALL ESTABLISH A TRAINING PROGRAM AND TESTING
37 PROCEDURE FOR APPLICANTS INTERESTED IN OBTAINING SUCH LICENSE.
38 2. THE BUREAU OR OFFICE SHALL CREATE AND MAINTAIN A ROSTER OF LICEN-
39 SEES BASED ON INFORMATION OBTAINED FROM APPLICANTS AND THE RESULTS OF
40 THEIR TRAINING AND TESTING. SUCH RECORD SHALL INCLUDE DISCIPLINARY
41 ACTION, SUSPENSION OF LICENSE AND REVOCATION.
42 3. NO INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
43 GROOMER'S LICENSE UNLESS SUCH APPLICANT IS AT LEAST SIXTEEN YEARS OF
44 AGE, IS OF GOOD MORAL CHARACTER AND HAS COMPLETED AT LEAST A TENTH GRADE
45 EDUCATION.
46 4. IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
47 THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY OF STATE SHALL
48 ISSUE SUCH APPLICANT A LICENSE AS A PET GROOMER UPON PAYMENT OF A TWENTY
49 DOLLAR BIENNIAL REGISTRATION FEE. AN APPLICANT WHO HAS NOT PASSED THE
50 EXAMINATION BUT WHO IS OTHERWISE QUALIFIED, MAY CONTINUE TO TAKE FURTHER
51 EXAMINATIONS UPON PAYMENT OF A TEN DOLLAR FEE FOR EACH EXAMINATION
52 TAKEN.
53 5. A LICENSED PET GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS OR HER
54 DIRECT SUPERVISION, WHO ARE IN TRAINING FOR THE PET GROOMER'S EXAMINA-
55 TION. THE NAME OF THE PERSON IN CHARGE OF ANY PET GROOMING FACILITY
S. 3156 3
1 SHALL BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE LICENSE
2 OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
3 S 543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY OF
4 STATE MAY DECLINE TO GRANT OR RENEW, OR MAY SUSPEND OR REVOKE A PET
5 GROOMER'S LICENSE FOR A MATERIAL MISSTATEMENT IN THE APPLICATION FOR
6 SUCH LICENSE, FOR IMPROPER RECORD KEEPING OR BUSINESS PRACTICES OR FOR A
7 VIOLATION OF ANY PROVISION OF LAW RELATING TO THE HUMANE TREATMENT OF
8 ANIMALS.
9 2. PRIOR TO SUSPENSION OR REVOCATION OF A LICENSE AND UPON DUE NOTICE
10 TO THE LICENSEE, A HEARING SHALL BE HELD AS PROVIDED IN ARTICLES THREE
11 AND FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
12 3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
13 BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
14 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
15 S 544. INSPECTIONS. 1. THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
16 AGENTS SHALL MAKE YEARLY INSPECTIONS OF PET GROOMING FACILITIES TO
17 ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. AUTHORITY TO
18 CONDUCT SUCH INSPECTIONS AND REPORT THEREON MAY BE DELEGATED BY THE
19 SECRETARY OF STATE TO A COUNTY, CITY OR TOWN.
20 2. ANY PERSON MAKING SUCH INSPECTIONS SHALL BE FIRST PROVIDED TRAINING
21 IN THE PROVISIONS OF THIS ARTICLE AND THE PROPER CARE OF PETS IN GENER-
22 AL.
23 S 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
24 REFUSAL OF RENEWAL OF A LICENSE, AS OTHERWISE PROVIDED IN THIS ARTICLE,
25 ANY VIOLATION OF A PROVISION OF THIS ARTICLE IS A CIVIL OFFENSE, FOR
26 WHICH A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN ONE
27 THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED.
28 2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY THE
29 SECRETARY OF STATE AND BY ANY COUNTY, CITY OR TOWN TO WHICH THE SECRE-
30 TARY OF STATE HAS DELEGATED AUTHORITY. MONEYS COLLECTED THEREUNDER SHALL
31 BE RETAINED BY THE LOCAL MUNICIPALITY.
32 S 546. CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET GROOMING ON
33 THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
34 YEAR FROM SUCH DATE, BUT MUST, WITHIN SAID YEAR, MAKE APPLICATION FOR A
35 LICENSE AS PROVIDED IN THIS ARTICLE AND WILL BE SUBJECT TO THE
36 PROVISIONS OF THIS ARTICLE THEREAFTER.
37 S 2. This act shall take effect on the ninetieth day after it shall
38 have become a law; provided, however, that effective immediately the
39 addition, amendment or repeal of any rule or regulation necessary for
40 the implementation of this act on its effective date are authorized and
41 directed to be made and completed on or before such effective date.
