Relates to the licensing and regulation of pet groomers and pet grooming facilities

Section 539 of this article defines "pet", "pet grooming", "pet groomer", "pet grooming facility", "house call", "student", "school", "crate", "continuing education", "pet first aid", "pet friendly", and "pet restraint".

Section 540 of this article describes required facility standards, including pet housing, bathing areas, grooming areas, and other general matters.

Subdivision 1 states that pet housing shall be in good repair, safe, secure, stable, durable, well protected, comfortable and escape-free. Pets should be able to turn around comfortably and no more than one pet may be housed in each enclosure, unless by owner's consent.

Subdivision 2 states that bathing areas shall be in good repair and safe operating condition. Products or chemicals used shall comply, with all applicable local, state and federal guidelines, rule and regulations and be pet friendly. Tubs shall have a non-slip surface and water temperatures shall be set at an appropriate level.

Subdivision 3 states that grooming areas shall be safe, sturdy and in good operating condition. Table tops shall have non-slip surfaces and grooming arms shall be pet friendly and secure. Pet restraints shall be safe and humane.

Subdivision 4 states that all facilities shall be equipped with a first aid kit, ventilated to provide good air quality, and be at an appropriate air temperature. When pets are present, at least one person trained in pet first aid shall also be present. Emergency action protocols shall be in place for emergency situations. Each facility must have the name of a local emergency veterinarian posted and readily available. All facilities shall carry general and professional liability insurance and be in compliance with all local, state, and federal laws, rules and regulations.

Section 541 of this article details required recording keeping.

Subdivision 1 states that all facilities must keep and maintain records for all clients and their respective pets.

Subdivision 2 states that records shall be maintained for a minimum period of one year from the date of service.

Subdivision 3 states that incident reports shall be created when incidents occurs and shall be kept on file for a minimum of three years.

Subdivision 4 states that personnel records shall be maintained.

Section 542 of this article describes required animal management, such and handling and safety standards.

Subdivision 1 states general profession standards, including that all pets shall be treated and handled safely, humanely and compassionately at all times; no pets shall be left unsupervised while on a grooming table or in a bathing tub; pet groomers shall be knowledgeable in the safe handling of pets and students must work under the supervision of a groomer licensed under this article.

Subdivision 2 states work standards, including that all pet groomers be in compliance with accepted industry standard and conduct themselves in a manner that promotes the safe, humane, and compassionate handling and management of pets; all products, tools, and equipment must be safe and humane; workstations must be cleaned between each pet; and all pet groomers shall be knowledgeable in the handling and management of pets.

Section 543 of this article creates licensing regulations for pet groomers.

Subdivision 1 states that the secretary of state, in cooperation with the department of agriculture and markets, shall establish a training program and testing procedure for pet groom applicants.

Subdivision 2 states that the secretary of state shall create and maintain a list of licensed groomers; issue a license to qualified individuals, after payment of a licensing fee to be determined by the secretary of state; and conduct proper background checks on applicants to verify that the applicant has not been convicted of any animal cruelty or neglect charges and does not have a history of interpersonal violence.

Subdivision 3 states that licensed groomers shall be on the premises at all times and may employ individuals under his or her direct supervision, who are training for the groomer examinations.

Subdivision 4 states that licenses shall be displayed in a conspicuous place.

Subdivision 5 states that licenses can be refused, suspended, or revoked by the secretary of state.

Section 544 of this article describes enforcement mechanisms.

Subdivision 1 states that the secretary of state or his or her authorized agents to shall make annual inspections of pet grooming facilities.

Subdivision 2 states that the secretary of state shall create a complaint review board where consumers can file complaints and that such complaints shall be investigated by the secretary of state or his or her authorized agents.

Section 545 of this article references current practitioners and allows individuals engage in pet grooming on the effective gate of this article to continue in such capacity for one year from such date, but shall, within such year, apply for a license through a process to be determined by the secretary of state and shall be subject to the provisions of this article thereafter.

Section 546 of this article details violations.

Subdivision 1 states that any violation of any provision of this article is a civil offense, which may carry a penalty of not less than two hundred and fifty dollars. Subdivision 2 states that violations causing animals pain or death shall be referred immediately to the appropriate district attorney's office for criminal prosecution.

Section 547 of this article states that nothing in this article shall be construed to affect any protection afforded to pets under any other provision of law or in anyway preclude charges pursuant to article twenty-six of the agriculture and markets law relating to cruelty to animals.

Section 2 of this bill states that this act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Justification

It should be the goal of every pet groomer to treat all animals entrusted to their care with kindness, patience, respect and compassion, ensuring their safety, health and wellbeing. Pet groomers should also exhibit professional behavior and maintain their businesses with honesty and integrity toward their clients at all times while encouraging professionalism, compassion and participation in continuing education within the industry.

Unfortunately, there continue to be incidents of animal cruelty and neglect committed against New York State pets by uncertified and untrained individuals holding themselves out to the public as a pet groomers. At their worse these incidents have resulted in the death of loved ones, while others have resulted in permanent injuries that require expensive veterinary visits-the cost of which is then becomes a burden on the unsuspecting consumer of these services.

For example, in early 2016 a longtime foster father on Long Island who worked as a dog groomer was charged with sexually abusing five boys, all of them his adopted sons, and sexual misconduct involving a dog. Seehttp://www.nytimes.com/2016/03/19/nyregion/foster-father-charged- with-sexually-abusing-5-boys-on-long-island.html? r=0.

In the summer of 2015 an English bulldog, Bella, was badly burned at a Thornwood pet groomer that was operating without a required health permit. Bella needed to be on a three-week regimen of antibiotics and medicated baths because an infection associated with the burn wounds. Seehttp://www.lohud.com/story/news/local/2015/07/14/hawthorne-woman- wants-pets-grooming-law-dog-burned-thornwood-shop/30169407/.

In 2012 two beagles were founds dead in a mobile grooming van. The groomer stated he experienced a hypoglycemic episode and blacked out. When he woke up both the dogs were dead. Chest radiographs and necropsies were preformed on dogs and submitted to Cornell University Animal Health Diagnostic Center in Ithaca, N.Y. The presumptive causes of death included strangulations, electrocution, carbon monoxide poisoning and drowning. The veterinarian states that this was the most horrific, tragic, and avoidable death of two beloved family pets that she had ever experienced. See http://www.silive.com/ news/index.ssf/2013/03/staten island pets die mvsteri.html .

States across the country are now considering laws to finally put rules in place to regulate the $6 billion pet grooming industry. Connecticut and New Jersey already have laws in place regulating the licensure of both a groomer and a grooming facility.

This bill would establish the licensing and regulation of pet groomers and pet grooming facilities in New York State. The bill was modeled after the PPGSA Standards of Care, Safety, and Sanitation for Professional Pet Groomers and Stylists developed by members of the Professional Pet Groomers and Stylists Alliance-a coalition of industry organizations whose members have combined to educate, train and certify tens of thousands of professional pet groomers and stylists across the country.

Legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.