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

Section 2 of this bill provides that the commissioner of health shall promulgate and adopt rules and regulations to implement the provisions of article 4-A of the public health law within 180 days of date of this act.

Section 3 of this bill provides that this act shall take effect immediately; provided, however, that if the Department of Health has not promulgated the rules and regulations necessary to implement the provisions of article 4-A of the Public Health Law by such effective date, then this act shall take effect on the date that the commissioner of health adopted and promulgated such rules and regulations pursuant to section two of this act or upon the expiration of the period of time set forth in section two of this act, whichever is earlier; provided further, that the commissioner of health shall notify the Legislative Bill Drafting Commission upon the occurrence of the adoption and promulgation of the rules and regulations provided for in this act in order that the commission may maintain an accurate and timely effective database of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the Legislative Law and section 70-b of the Public Officers Law.

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 on the purchase of tattoo equipment currently.

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 increasing 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.

Even though the current statutory scheme, which is Article 4-A of the Public Health Law, regulating tattooing was enacted in 2001, the State has failed to promulgate regulations implementing Article 4-A. This lack of action by the State has created differences in the regulation of tattooing across the State. At least one local government (Suffolk) has taken measures to address this problem by regulating the purchase of tattoo equipment.

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

2014: S.3836-B - Referred to Health 2013: S.3836-B - Referred to Health

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided, however, that if the Department of Health has not promulgated the rules and regulations necessary to implement the provisions of article 4-A of the Public Health Law by such effective date, then this act shall take effect on the date that the commissioner of health adopted and promulgated such rules and regulations pursuant to section two of this act or upon the expiration of the period of time set forth in section two of this act, whichever is earlier; provided further, that the commissioner of health shall notify the Legislative Bill Drafting Commission upon the occurrence of the adoption and promulgation of the rules and regulations provided for in this act in order that the commission may maintain an accurate and timely effective database of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the Legislative Law and section 70-b of the Public Officers Law.