Allows body piercing with parental or guardian consent for persons under the age of 18.
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.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This bill shall take effect on the ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 7446 IN 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.