Allows body piercing with parental or guardian consent for persons under the age of 18.

---

S7446-2011 Actions

• Jun 13, 2012: SUBSTITUTED BY A10095
• Jun 13, 2012: ORDERED TO THIRD READING CAL.1228
• Jun 11, 2012: REPORTED AND COMMITTED TO RULES
• May 18, 2012: REFERRED TO HEALTH

S7446-2011 Meetings

Health: Jun 11, 2012, Rules: Jun 18, 2012

S7446-2011 Calendars

Floor Calendar: Jun 13, 2012

S7446-2011 Votes

S7446-2011 Memo

BILL NUMBER:S7446

TITLE OF BILL:
An act
to amend the public health law,
in relation to allowing
body piercing
with parental or guardian consent for persons under the
age of eighteen

PURPOSE:
To place restrictions on an owner, operator
or employee of a
body piercing studio. This bill prohibits them from performing body
piercing on a person under eighteen years of age without the written
consent of a parent or guardian.

SUMMARY OF PROVISIONS:
Amends Article 4-A of the public health law by
adding section 460-a. Subdivision 1 prohibits any owner, operator or
employee of a body piercing studio from conducting that action on a
person under eighteen years of age, unless the studio is provided
with the written consent of a parent or legal guardian of the minor
in question. It also signifies that the written consent form will be
prescribed by the commissioner, and that a completed form must be
retained by the studio for 12 months. Subdivision 2 deals with the
expiration of a written consent form, and subdivision 3 concerns this
law in relation to local laws and ordinances.

JUSTIFICATION:
Of the people with body piercings, more than a third
received their first piercing before the age of 18. Body piercings
are well-documented to have possible adverse health effects, with
complications arising in 25% of all cases. These complications
include allergic reactions, skin infections, scarring, and general
discomfort. It is important for a parent or guardian to be aware of
all of the potential risks associated with body piercing, which is
generally not the case if written consent is not required by the
studio.

A recent article in the New York Post highlights a reporter who
witnessed girls as young as 12 receiving body piercings without
written consent at a studio on St. Marks Place in Manhattan. There is
currently no minimum age requirement for body piercing, and while
certain studios require written consent before piercing persons under
the age of eighteen, many do not. This legislation is necessary to
mitigate the dangerous effects of body piercing, while ensuring that
parents/guardians play a pivotal role in the decision for persons
less than eighteen years of age to receive a body piercing.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after
it shall have become a law.

S7446-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7446

                              I N  SENATE

                                May 18, 2012
                                 ___________

  Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
    printed to be committed to the Committee on Health

  AN ACT to amend the public health law,  in  relation  to  allowing  body
    piercing  with  parental or guardian consent for persons under the age
    of eighteen

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  The  public health law is amended by adding a new section
  460-a to read as follows:

    S 460-A. RESTRICTIONS ON BODY PIERCING STUDIOS.  1. NO OWNER, OPERATOR
  OR EMPLOYEE OF A BODY PIERCING STUDIO SHALL PERMIT BODY  PIERCING  ON  A
  PERSON  UNDER EIGHTEEN YEARS OF AGE UNLESS SUCH PERSON PROVIDES THE BODY
  PIERCING STUDIO WITH THE WRITTEN CONSENT, IN A FORM  PRESCRIBED  BY  THE
  COMMISSIONER,  OF  A  PARENT OR LEGAL GUARDIAN TO USE SUCH BODY PIERCING
  STUDIO. THE PARENT OR LEGAL GUARDIAN SHALL SIGN SUCH CONSENT FORM IN THE
  PRESENCE OF THE OWNER OF THE BODY PIERCING STUDIO  OR  A  BODY  PIERCING
  SPECIALIST  OF  SUCH  STUDIO.  SUCH  ORIGINAL  WRITTEN  CONSENT SHALL BE
  RETAINED BY THE BODY PIERCING STUDIO FOR A PERIOD OF TWELVE  MONTHS  AND
  MAY  BE  RETAINED  OFF  PREMISES  PROVIDED  THAT  AN ELECTRONIC IMAGE OR
  FACSIMILE OF THE ORIGINAL SIGNED CONSENT FORM IS  READILY  AVAILABLE  BY
  THE OWNER OR EMPLOYEE RESPONSIBLE FOR THE OPERATION OF THE BODY PIERCING
  STUDIO.
    2.  A WRITTEN CONSENT FORM SIGNED BY A PARENT OR LEGAL GUARDIAN PURSU-
  ANT TO SUBDIVISION ONE OF THIS SECTION SHALL EXPIRE TWELVE  MONTHS  FROM
  THE  DATE IT IS SIGNED BY THE PARENT OR LEGAL GUARDIAN. UPON THE EXPIRA-
  TION OF A WRITTEN CONSENT FORM, A NEW WRITTEN CONSENT SHALL BE  PROVIDED
  IN THE MANNER PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION PRIOR TO THE
  USE OF A BODY PIERCING STUDIO BY ANY PERSON UNDER EIGHTEEN YEARS OF AGE.
    3.  THIS  SECTION  SHALL  BE  EXCLUSIVE AND SHALL PREEMPT ANY CONTRARY
  LOCAL LAW OR ORDINANCE, EXCEPT THAT THIS SECTION SHALL  NOT  PREEMPT  OR
  SUPERSEDE   LOCAL   LAWS  OR  ORDINANCES  IMPOSING  ADDITIONAL  STRICTER
  RESTRICTIONS ON THE OPERATION OF BODY  PIERCING  STUDIOS  WHICH  ARE  IN
  EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15617-01-2

 S. 7446                             2

    S  2.   This act shall take effect on the ninetieth day after it shall
  have become a law. Effective immediately, the addition, amendment and/or
  repeal of any rule or regulation necessary  for  the  implementation  of
  this  act  on  its  effective date is authorized to be made on or before
  such effective date.