S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3778
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M. of A. McDONOUGH, MALLIOTAKIS -- Multi-Sponsored by --
   M. of A.   M. L. MILLER, RIVERA, SOLAGES,  THIELE  --  read  once  and
   referred to the Committee on Economic Development
 
 AN  ACT  to  amend  the general business law, in relation to the certif-
   ication and regulation of pet groomers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 29-CCC to read as follows:
 
                              ARTICLE 29-CCC
                CERTIFICATION AND REGULATION OF PET GROOMERS
 
 SECTION 539. DEFINITIONS.
         540. STANDARD OF CARE.
         541. RECORD KEEPING.
         542. CERTIFICATION.
         543. CERTIFICATION REFUSAL, SUSPENSION OR REVOCATION.
         544. INSPECTIONS.
         545. VIOLATIONS.
         546. CURRENT PRACTITIONERS.
 
   § 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "PET"  MEANS  ANY  ANIMAL  PLACED IN THE CARE OF A PET GROOMER FOR
 GROOMING OR STYLING.
   2. "PET GROOMER" MEANS AN INDIVIDUAL, CERTIFIED AS A PET  GROOMER  WHO
 BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL REMUNERATION.
   3.  "PET GROOMING FACILITY" MEANS ANY PERSON OR ENTITY THAT ENGAGES IN
 BATHING, BRUSHING, CLIPPING OR STYLING A PET FOR FINANCIAL  REMUNERATION
 AND  SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, A COMMERCIAL ESTABLISH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01723-01-9

 A. 3778                             2

 MENT OR A MOTOR VEHICLE WHERE SUCH SERVICES ARE PROVIDED AND PET  GROOM-
 ERS  WHO  PROVIDE SUCH SERVICES AT ANY LOCATION THAT IS NOT A COMMERCIAL
 ESTABLISHMENT OR MOTOR VEHICLE WHERE SUCH SERVICES ARE PROVIDED.
   § 540. STANDARD OF CARE. 1. THE PRIMARY CONCERN OF EVERY PERSON CERTI-
 FIED  PURSUANT TO THIS ARTICLE SHALL BE THE SAFETY AND WELL-BEING OF THE
 PET IN THEIR CARE. PETS NOT IN THE GROOMING PROCESS  SHALL  BE  KEPT  IN
 STRUCTURALLY  SOUND CLEAN CAGES. SUCH ENCLOSURES SHALL BE IN GOOD REPAIR
 AND LARGE ENOUGH TO ALLOW EACH PET TO MAKE NORMAL  POSTURAL  ADJUSTMENTS
 SUCH  AS  SITTING,  STANDING AND TURNING AROUND. EACH PET SHALL BE CAGED
 SEPARATELY. PETS SHALL NOT BE ALLOWED TO ROAM FREE IN THE  PET  GROOMING
 FACILITY.
   2.  OUTDOOR  FACILITIES  SHALL  NOT  BE UTILIZED IN INCLEMENT WEATHER.
 INDOOR FACILITIES SHALL BE MAINTAINED AT A  HEALTHY  TEMPERATURE.  THERE
 SHALL  BE  SUFFICIENT  LIGHTING  TO FACILITATE CLEANING OF BOTH PETS AND
 FACILITIES.   SANITARY CONDITIONS SHALL  BE  MAINTAINED  AT  ALL  TIMES.
 GROOMERS  SHALL  BE  PROVIDED WITH THE PET'S VACCINATION HISTORY AND THE
 PET OWNER'S EMERGENCY CONTACT NUMBER.
   3. UPON RECEIVING A PET FOR GROOMING, THE GROOMER SHALL INQUIRE AS  TO
 THE PET'S VETERINARIAN AND ANY SPECIAL NEEDS OF SUCH PET. ADEQUATE WATER
 SUPPLY SHALL BE AVAILABLE FOR DRINKING AS WELL AS BATHING.
   4.  EVERY  LOCATION  WHERE  PETS ARE GROOMED SHALL DISPLAY A TELEPHONE
 NUMBER OF THE STATE BUREAU OR OFFICE WHERE  THE  PET'S  OWNER  MAY  MAKE
 KNOWN THEIR FEELINGS REGARDING THE SERVICES RECEIVED AT THE PET GROOMING
 FACILITY.
   5.  PETS  SHALL NOT BE LEFT UNATTENDED WHILE AT THE GROOMING FACILITY,
 AND A DRYING CAGE SHALL NEVER BE USED. PETS SHALL NOT BE LEFT UNATTENDED
 ON A GROOMING TABLE OR IN A BATH TUB.
   6. EVERY PERSON CERTIFIED AS A PET GROOMER SHALL PROVE TO  THE  SATIS-
 FACTION  OF THE SECRETARY OF STATE OR A REPRESENTATIVE THEREOF THAT SUCH
 PERSON IS INSURED COVERING THEIR LIABILITY FOR NEGLIGENT ACTS ASSOCIATED
 WITH THEIR ACTIVITY AS A PET GROOMER.
   § 541. RECORD KEEPING. 1. EACH PET GROOMER  SHALL  KEEP  AND  MAINTAIN
 RECORDS  REGARDING  EACH  ANIMAL  CARED FOR AND THE OWNER THEREOF.  SUCH
 RECORDS SHALL INCLUDE THE NAME AND  ADDRESS  OF  THE  OWNER,  THE  PET'S
 VETERINARIAN AND THE DATE OF PROVIDING SERVICE.
   2.  RECORDS  FOR  EACH  ANIMAL SHALL BE MAINTAINED FOR A PERIOD OF TWO
 YEARS FROM THE DATE OF  SERVICE.  DURING  NORMAL  BUSINESS  HOURS,  SUCH
 RECORDS  SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   § 542. CERTIFICATION. 1. THE SECRETARY  OF  STATE  SHALL  ESTABLISH  A
 BUREAU OR OFFICE TO ENFORCE AND OVERSEE THE CERTIFICATION OF INDIVIDUALS
 AS  PET  GROOMERS.  SUCH BUREAU OR OFFICE SHALL HAVE BRANCHES LOCATED IN
 VARIOUS AREAS OF THE STATE IN SUFFICIENT NUMBER TO MEET THE NEEDS OF THE
 PEOPLE OF THE STATE.  THE SECRETARY OF STATE, IN COOPERATION AND CONSUL-
 TATION WITH THE EDUCATION AND  HEALTH  DEPARTMENTS,  SHALL  ESTABLISH  A
 TRAINING  PROGRAM  AND  TESTING  PROCEDURE  FOR APPLICANTS INTERESTED IN
 OBTAINING SUCH CERTIFICATION.
   2. THE BUREAU OR OFFICE SHALL CREATE AND MAINTAIN A ROSTER  OF  CERTI-
 FIED  PET GROOMERS BASED ON INFORMATION OBTAINED FROM APPLICANTS AND THE
 RESULTS OF THEIR TRAINING AND TESTING. SUCH RECORD SHALL INCLUDE  DISCI-
 PLINARY ACTION, SUSPENSION OF CERTIFICATION AND REVOCATION.
   3.  NO  INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
 GROOMER'S CERTIFICATION UNLESS SUCH APPLICANT IS AT LEAST SIXTEEN  YEARS
 OF AGE, IS OF GOOD MORAL CHARACTER, HAS COMPLETED AT LEAST A TENTH GRADE
 EDUCATION AND PASSED A BACKGROUND CHECK.

 A. 3778                             3
 
   4.  IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
 THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY  OF  STATE  SHALL
 CERTIFY  SUCH  APPLICANT  AS  A  PET  GROOMER UPON PAYMENT OF A BIENNIAL
 REGISTRATION FEE AS DETERMINED BY THE DEPARTMENT.  AN APPLICANT WHO  HAS
 NOT  PASSED THE EXAMINATION BUT WHO IS OTHERWISE QUALIFIED, MAY CONTINUE
 TO TAKE FURTHER EXAMINATIONS UPON PAYMENT OF A FEE AS DETERMINED BY  THE
 DEPARTMENT FOR EACH EXAMINATION TAKEN.
   5.  A  CERTIFIED  PET GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS OR HER
 DIRECT SUPERVISION, WHO ARE IN TRAINING FOR THE PET  GROOMER'S  EXAMINA-
 TION.  THE  NAME  OF  THE  PERSON IN CHARGE OF ANY PET GROOMING FACILITY
 SHALL BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE  CERTIF-
 ICATION OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
   §  543. CERTIFICATION REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRE-
 TARY OF STATE MAY DECLINE TO GRANT OR RENEW, OR MAY SUSPEND OR REVOKE  A
 PET  GROOMER'S CERTIFICATION FOR A MATERIAL MISSTATEMENT IN THE APPLICA-
 TION FOR SUCH CERTIFICATION, FOR IMPROPER  RECORD  KEEPING  OR  BUSINESS
 PRACTICES  OR  FOR  A  VIOLATION OF ANY PROVISION OF LAW RELATING TO THE
 HUMANE TREATMENT OF ANIMALS AND THE PROTECTION OF THE CONSUMER.
   2. PRIOR TO SUSPENSION OR REVOCATION OF A CERTIFICATION AND  UPON  DUE
 NOTICE  TO  THE GROOMER, A HEARING SHALL BE HELD AS PROVIDED IN ARTICLES
 THREE AND FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
 BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 544. INSPECTIONS. 1. THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
 AGENTS SHALL MAKE YEARLY  INSPECTIONS  OF  PET  GROOMING  FACILITIES  TO
 ENSURE  COMPLIANCE  WITH  THE  PROVISIONS  OF THIS ARTICLE. AUTHORITY TO
 CONDUCT SUCH INSPECTIONS AND REPORT THEREON  MAY  BE  DELEGATED  BY  THE
 SECRETARY OF STATE TO A COUNTY, CITY OR TOWN.
   2. ANY PERSON MAKING SUCH INSPECTIONS SHALL BE FIRST PROVIDED TRAINING
 IN  THE PROVISIONS OF THIS ARTICLE AND THE PROPER CARE OF PETS IN GENER-
 AL.
   § 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
 REFUSAL OF RENEWAL OF A CERTIFICATION, AS  OTHERWISE  PROVIDED  IN  THIS
 ARTICLE,  ANY  VIOLATION  OF  A  PROVISION  OF  THIS  ARTICLE IS A CIVIL
 OFFENSE, FOR WHICH A PENALTY OF NOT LESS THAN ONE  HUNDRED  DOLLARS  NOR
 MORE  THAN  ONE  THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED.  AN
 INCIDENT REPORT SHALL BE COMPLETED AND  FILED  WITH  THE  DEPARTMENT  OF
 STATE  BY THE PET GROOMER WHENEVER A PET DIES OR IS INJURED WHILE IN THE
 GROOMER'S CARE.
   2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
 SECRETARY  OF  STATE AND BY ANY COUNTY, CITY OR TOWN TO WHICH THE SECRE-
 TARY OF STATE HAS DELEGATED AUTHORITY. MONEYS COLLECTED THEREUNDER SHALL
 BE RETAINED BY THE LOCAL MUNICIPALITY.
   § 546. CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET  GROOMING  ON
 THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
 YEAR  FROM  SUCH  DATE, BUT MUST, WITHIN SAID YEAR, MAKE APPLICATION FOR
 CERTIFICATION AS PROVIDED IN THIS ARTICLE AND WILL  BE  SUBJECT  TO  THE
 PROVISIONS OF THIS ARTICLE THEREAFTER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however,  that  effective  immediately  the
 addition,  amendment  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.