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Tattoo & Piercing Laws - United States - New York
Back to United States Tattoo & Piercing Laws
State Of New York
NEW YORK CODES, RULES AND REGULATIONS
@ 160.27 Applicability
Appearance enhancement licensure is not applicable to the following:
(a) Permanent makeup (micropigmentation): The practice of
micropigmentation or tattooing. However, should such practice be performed
in an appearance enhancement business, the owner and any licensed operator
performing such services shall be responsible for the proper sanitation and
disinfection and sterilization of all implements according to applicable
State and local standards and regulations.
(b) Massage: No appearance enhancement practitioner shall be authorized
to practice massage, including manual lymphatic drainage, as defined by section
7801 of the State Education law. Licensed appearance enhancement
practitioners may practice light massage of the surface layers of soft tissue for purposes
of beautification.
(c) Practice of medicine: No appearance enhancement licensee shall be
authorized to diagnose or treat diseases, including diseases of the skin,
hair and nails. Such activity is within the practice of medicine. An owner shall
not permit the practice of medicine at its business location without appropriate
licensure therefore.
(d) Practice of nursing: No appearance enhancement licensee shall be
authorized to practice nursing. An owner shall not permit the practice of
nursing at its business location without appropriate licensure therefore.
(e) Permanent dyeing: No appearance enhancement licensee shall be
authorized or permitted to apply dye of any kind to eyelash or eyebrow hair.
(f) Physician's supervision: The performance of services under the direct
supervision of a physician or nurse when performed within the direct employ
of and on the premises of a medical facility.
Section statutory authority: Education Law, @ 7801
Statutory authority: General Business Law, @ 404
Repealed and added 160.27 on 11/16/94.
Summary of Bill A02599
SPONSOR Connelly
COSPNSR Seminerio
MLTSPNSR Cook, Destito, Greene, Sanders
Amd S260.21, add S120.40, Pen L Makes piercing or branding the body of a child under the age of eighteen years by means of body piercing or branding instruments the class B misdemeanor of unlawfully dealing with a child in the second degree; makes the tattooing, branding or piercing of the body of a person who is intoxicated or under the influence of drugs the class B misdemeanor of unlawful body marking.
Actions on Bill A02599
BILL NO A02599
01/26/1999referred to codes
06/23/1999reported referred to rules
01/05/2000referred to codes
Votes on Bill A02599
Vote record not found for bill A2599
Memo on Bill A02599
BILL NUMBER: A2599
PURPOSE OR GENERAL IDEA OF BILL:
Makes piercing or branding the body of a child under 18 years of age a Class B misdemeanor. Also makes the tattooing, piercing or branding of anyone under the influence of alcohol or drugs a crime.
SUMMARY OF SPECIFIC PROVISIONS:
Adds a new subdivision 4 to Section 260.21 of the Penal Law classifying body piercing and body branding on a child less than 18 years of age as unlawfully dealing with a child in the second degree, a Class B misdemeanor. Piercing of the ears is specifically excluded under this subdivision. Also adds a new Section 120.40 to the Penal Law creating the crime of unlawful body marking. Wherein, an individual could be charged if they knowingly tattoo, brand or pierce the body of a person under the influence of alcohol or drugs.
EXISTING LAW:
Currently, Section 260.21 of the Penal Law only classifies tattooing a child under 18 as unlawfully dealing with a child a Class B misdemeanor. There are no provisions on piercing or branding those under 18 or individuals who are intoxicated.
JUSTIFICATION:
Increased popularity in body art (tattooing and body piercing) raises serious public health concerns. Both tattooing and piercing carry the risk of infection and disease transmission. According to the Center for Disease Control, medical complications arising from body piercing appear to be greater than tattooing. Because many artists and body piercers are not trained health care practitioners the risk is also heightened. Therefore, this legislation restricts the practice to sober adults who can more objectively assess the risks to their health.
LEGISLATIVE HISTORY: 1998 (A.8937) - Held in Codes Committee
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.
Summary of Bill A05232
BILL NO A05232
SPONSOR Darcy
COSPNSR
MLTSPNSR Burling, Casale, Crouch, O`Connell
Add Art 14-A 1420 - 1425; Pub Health L Provides for the regulation and licensing of persons engaged in the act or practice of body-piercing or tattooing; makes exceptions for persons licensed under the education law; makes related administrative provisions such as violation notices, applications, temporary restraining orders, hearing determinations and fines; requires department of health to license, regulate, establish qualifications and sanitary standards.
Actions on Bill A05232
BILL NO A05232
02/24/1999referred to health
05/25/1999held for consideration in health
01/05/2000referred to health
Votes on Bill A05232
Vote record not found for bill A5232
Memo on Bill A05232
BILL NUMBER: A5232
PURPOSE OR GENERAL IDEA OF BILL:
To provide for the regulation of body-piercing and tattooing and for the licensing of persons engaged in these activities.
SUMMARY OF SPECIFIC PROVISIONS
Declares as public policy that the practice of body-piercing and tattooing poses substantial hazards to public health and warrants the imposition of regulation and licensure to protect the health, safety and welfare of the public. Defines body-piercing; tattooing; requires Dept. of Health to license, regulate, establish qualifications and sanitary standards. Exempts a person acting within the scope of a profession if the person is licensed to practice pursuant to the education law. The Dept. of Health regulations will establish administrative procedures such as violation notices; applications; temporary restraining orders, hearings, determinations and fines. This bill is not intended to alter or abridge any duties and powers now or hereafter existing in state, county or local health commissions or board.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
None - Adds new Article 14-A to Public Health Law.
JUSTIFICATION:
Salons that provide hair care already require licenses. Body-piercing and tattooing should fall under this category and should be subject to the same licensing procedure. Currently there is no law regulating the practice of body-piercing, which is a growing industry. This places the health and safety of the public at risk. The main concern behind creating the need for this legislation is the delicate nature of piercing the skin and the need to have qualified individuals administering the procedure. If this procedure is done improperly, it can lead to a number of diseases. Doctors in the State Department of Health have indicated that piercing the tongue or other mucous-membrane sites of the body can lead to potentially life-threatening infection, even if the posts used are sterile. An increasing number of minors are engaging in the practice of body-piercing. These body-piercing specialists are placing children`s health at risk. While tattoo parlors already require parental consent of minors and are required to change needles after each procedure, they are not required to be licensed and, therefore, have no regulating body to ensure the safety of the public. New York City recently enacted a law to regulate tattoo parlors.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the commissioner of health is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.
Summary of Bill A06181
BILL NO A06181C
SPONSOR Pheffer
COSPNSR
MLTSPNSR
Add Art 27-B SS429-a - 429-i, Gen Bus L; amd S206, Pub Health L Provides for the regulation of body piercing specialists and tattooists; requires a permit issued by the department of health for such body-piercing specialists and tattooists; imposes a fee of twenty dollars for such permit; creates a misdemeanor offense for any person who engages in the practice of body-piercing or tattooing, or who operates a body piercing studio or tattoo studio without a permit.
Actions on Bill A06181
BILL NO A06181C
03/02/1999referred to health
03/22/1999amend and recommit to health
03/22/1999print number 6181a
05/12/1999amend and recommit to health
05/12/1999print number 6181b
05/25/1999reported referred to codes
06/12/1999amend (t) and recommit to codes
06/12/1999print number 6181c
06/17/1999reported referred to ways and means
06/21/1999reported referred to rules
01/05/2000referred to health
Votes on Bill A06181
Vote record not found for bill A6181
Memo on Bill A06181
BILL NUMBER: A6181C
PURPOSE: Provides for the regulation of body piercing specialists and tattooists.
SUMMARY OF PROVISIONS: Amends the general business law by adding health related requirements pertaining to body piercing and tattooing. The new article, 27-B, contains definitions of what constitutes body piercing, tattooing, and practitioners. It also grants to the Secretary of the Department of State in consultation with the Department of Health the power to establish regulations regarding the hygiene and sterility of instruments and facilities, as well as disposal requirements. Finally, the act institutes a two-year, renewable permit requirement and permit-related procedures for the operation of a body piercing or tattooing business.
JUSTIFICATION: Presently, there are no laws governing the sanitation of the practice of body piercing or tattooing. Given the growing popularity of these trends, there is a pressing need to protect the citizens of this state from the potential health hazards of piercing and tattooing, among them AIDS and hepatitis. This act, through the establishment of requirements of sterility and hygiene, helps to lessen the probability of the communication and speed of such diseases and viruses. Further, allowing the Departments of State and Health to operate a permit system adds additional protection by ensuring that studios and parlors that engage in this service meet strict health code standards.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.
Summary of Bill S01326
BILL NO S01326C
SPONSOR MARCELLINO
COSPNSR BONACIC, DEFRANCISCO, HOFFMANN, MALTESE, MARCHI, RATH, SEWARD, VELELL
MLTSPNSR
Add Art 27-B SS429-a - 429-i, Gen Bus L Provides for the regulation of body piercing specialists and tattooists; requires a permit issued by the department of health for such body-piercing specialists and tattooists; imposes a fee of twenty dollars for such permit; creates a misdemeanor offense for any person who engages in the practice of body-piercing or tattooing, or who operates a body piercing studio or tattoo studio without a permit.
Actions on Bill S01326
BILL NO S01326C
01/20/1999REFERRED TO CONSUMER PROTECTION
03/11/1999AMEND AND RECOMMIT TO CONSUMER PROTECTION
03/11/1999PRINT NUMBER 1326A
04/27/19991ST REPORT CAL.795
04/28/19992ND REPORT CAL.
05/03/1999ADVANCED TO THIRD READING
05/10/1999AMENDED ON THIRD READING 1326B
06/07/1999AMENDED ON THIRD READING (T) 1326C
06/14/1999PASSED SENATE
06/14/1999DELIVERED TO ASSEMBLY
06/14/1999referred to codes
01/05/2000died in assembly
01/05/2000returned to senate
01/05/2000RECOMMITTED TO CONSUMER PROTECTION
Votes on Bill S01326
Vote record not found for bill S1326
Memo on Bill S01326
Memo record not found for bill S1326
Summary of Bill S01564
BILL NO S01564
SPONSOR PADAVAN
COSPNSR DEFRANCISCO, HOFFMANN, JOHNSON, MALTESE, MARCHI, RATH, SEWARD, VOLKER
MLTSPNSR
Amd S260.21, add S120.40, Pen L Makes piercing or branding the body of a child under the age of eighteen years by means of body piercing or branding instruments the class B misdemeanor of unlawfully dealing with a child in the second degree; makes the tattooing, branding or piercing of the body of a person who is intoxicated or under the influence of drugs the class B misdemeanor of unlawful body marking.
Actions on Bill S01564
BILL NO S01564
01/26/1999REFERRED TO CODES
04/27/19991ST REPORT CAL.735
04/28/19992ND REPORT CAL.
05/03/1999ADVANCED TO THIRD READING
06/14/1999PASSED SENATE
06/14/1999DELIVERED TO ASSEMBLY
06/14/1999referred to codes
01/05/2000died in assembly
01/05/2000returned to senate
01/05/2000RECOMMITTED TO CODES
Votes on Bill S01564
Vote record not found for bill S1564
Memo on Bill S01564
Memo record not found for bill S1564
State Of New York
New York City Statutes
FOR IMMEDIATE RELEASE
Date: March 12, 1997
Release #128-97
Contact:Colleen Roche (212) 788-2958, Dwight Williams (212)
788-2972
MAYOR GIULIANI CONSIDERS BILL THAT WOULD LEGALIZE TATTOOING IN NEW
YORK CITY
Remarks by Mayor Rudolph W. Giuliani at Public Hearing on Local
Laws:
The bill before me for consideration today is 832-A which was
introduced by Councilmember Kathryn Freed. This bill would amend
sections 17-357 to 17-361 of the Administrative Code in relation
to tattoo licenses. Introduction 832-A adds a new Subchapter 7,
entitled "Tattoo Regulation Act" to Chapter 3 of Title
17 of the City's Administrative Code.
The practice of tattooing has been illegal in New York City since
1961, in response to a perceived link between an outbreak of
Hepatitis B and tattooing. However, there has not been a single
documented case of Hepatitis B in New York City transmitted by
tattooing in almost 40 years since the ban was enacted.
Pursuant to Health Code Section 181.15, operation of a tattoo
establishment in New York City is illegal, however such
establishments do currently operate in the City without
regulations. This proposed subchapter would license and regulate
tattoo artists to ensure that they are practicing basic health and
safety procedures.
This bill calls for the Commissioner of Health to issue licenses
to individual tattoo artists who have met specific criteria. This
bill also requires the Commissioner of Health to set forth
regulations outlining universal precautions and standards of
practice for tattooing. A violation schedule for penalties
associated with non-compliance of this subchapter is also laid out
in the bill.
I would like to state that the regulations set forth in this bill
mirror changes in the Administrative Code which the Department of
Health has already begun to enact. I thank Councilmember Freed for
introducing this bill and I will take these comments under
advisement.
New York City Department of Health
Facts on Tattoo Licensing
--------------------------------------------------------------------------------
The Department of Health (DOH) licenses tattoo artists -- not
tattoo parlors.
DOH tattoo regulations are aimed to control the spread of
infectious diseases (i.e. "Does she do the job
safely?").
Basic safety principles include:
The work area must be kept clean and hygienic.
Needles and other objects for penetrating the skin must be
sterile.
Tattooists and their clothing must be clean. No exposed cuts,
wounds, etc.
Needles and other objects which have touched blood or body fluids
must be disposed of appropriately.
DOH rules do not address tattoo quality or design (i.e. "Is
she a good artist?").
Tattoo license applicants must take an infection control course
and pass an exam.
Since the law took effect (in mid-1997), more than 500 tattoo
licenses have been given out.
Tattoo licenses are valid for two years.
Tattoo license applications are available at the Department of
Consumer Affairs Citywide License Center, 42 Broadway, Manhattan.
DOH inspects tattoo parlors on a complaint basis.
February 2000