Relates to requiring purchasers of tattoo equipment to prove they have a permit to operate a tattoo parlor

BILL NUMBER:S3836B

Title of bill

An act to amend the public health law, in relation to requiring purchasers of tattoo equipment to prove they have a permit to operate a tattoo parlor

Purpose

The purpose of this bill is to require proof of license to operate as a tattoo artist, or to operate a tattoo studio, in order to purchase tattoo equipment.

Summary of provisions

Section one amends the public health law through the addition of a new section 467. This section requires that any purchaser of tattoo equipment show proof of a valid permit issued by the Department of Health, under section 461 of the Public Health Law. This section restricts the proof of permit requirement to transactions involving equipment used solely to apply tattoos. For the purposes of this section "tattoo equipment" shall but not be limited to tattoo machines and machine parts, pneumatic tattoo equipment, tattoo inks and other equipment or instruments used solely to apply tattoos, "purchaser" shall mean any individual group or business entity.

Section two provides that the commissioner or health shall promulgate and adopt rules and reoulations to implement the provisions of article 4-A of the public health law within 180 days of date of this act.

Section three provides that the bill shall take effect immediately; provided that, if the regulations concerning the permitting process for tattoo artists have not been issued, the bill shall go into effect 180 days after such regulations are issued.

Existing law

Under current law, a person must obtain a license from the Department of Health in order to operate as a tattoo artist. There is no limitation however on the purchase of tattoo equipment.

Justification

Tattooing involves the use of needles and other instruments capable of spreading lethal blood borne diseases such as Hepatitis and HIV/AIDS. Prompted by the concern that the increasino popularity of tattoos would exacerbate these public health risks, the State in 2001 enacted legislation to regulate the tattoo and body piercing industry. This legislation required tattoo artists to obtain a license from the Department of Health, and to conform to sanitation and other standards. Enforcement of this permit requirement remains hampered, however, by the unregulated sale of tattoo equipment, which is available to the licensed and unlicensed alike. As a result, many individuals continue to receive tattoos from artists and establishments not in compliance with safety and health codes.

At least one local government {Suffolk) has taken measures to address this problem by regulating the purchase of tattoo equipment. As in

2001, however, regulation is needed at the State level. This bill closes a gap in New York's regulatory scheme by requiring purchasers of tattoo equipment to show proof of a valid permit, ensuring that tattoo equipment does not fall into the wrong hands. This bill is strictly limited to equipment used solely to apply tattoos; inks and other material or equipment that do not have as their sole use the application of tattoos are excluded.

Legislative history

S.3836A of 2013 - Referred to Health

Fiscal implications

None.

Effective date

This act shall be effective immediately.