New York Laws: New York City Administrative Code(NEW) : (17-355 - 17-363) Tattoo Regulation Act
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- Category: Tattoo Licensing
- Published: Friday, 15 January 2010 05:36
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SUBCHAPTER 7
TATTOO REGULATION ACT
§ 17-355 Short title. This subchapter shall be known as the "Tattoo
Regulation Act."
New York Definitions.
§ 17-356 Definitions. As used in this subchapter, the following terms
shall be defined as follows:
a. "Tattoo" means any mark on the body of a person made with indelible
ink or pigments injected beneath the outer layer of the skin, or to make
such a mark.
b. "Tattooist" means any person who applies a tattoo to the body of
another person.
New York Licenses.
§ 17-357 Licenses. a. No person shall engage in the practice of
tattooing without having obtained a license to engage in such practice
in the manner prescribed in this subchapter.
b. The provisions of this subchapter shall not apply to a physician
licensed under article one hundred thirty-one of the New York state
education law.
c. Notwithstanding the requirements set forth in this section, the
commissioner may issue a seven-day temporary license to a person holding
a license or similar certification or registration to engage in the
practice of tattooing issued under the jurisdiction of another political
subdivision, state or nation. Such temporary license will allow a person
to apply tattoos within the city of New York under the direct
supervision of a tattooist holding a license issued by the department
pursuant to subdivision a of this section. Where an applicant for such a
seven-day temporary license practices tattooing in a jurisdiction that
does not license or otherwise register tattooists, the commissioner may
issue such seven-day temporary license to such person upon the
presentation of proof satisfactory to the commissioner that the
applicant has received training equivalent to that necessary to
satisfactorily pass the examination required in section 17-358. The fee
for such temporary license shall be established in rules promulgated by
the commissioner.
New York Licenses, Applications, Procedures And Requirements.
§ 17-358 Licenses, applications, procedures and requirements. a. Any
person intending to engage in the practice of tattooing shall apply to
the commissioner for a tattoo license, in the form and manner prescribed
by the commissioner. Such application shall contain such information as
the commissioner deems reasonable and necessary to determine the
qualifications for granting a license to the applicant. The application
shall be subscribed by the applicant and affirmed under penalty of
perjury.
b. Any person eighteen years of age or older may apply to the
commissioner for a license to practice tattooing. No license may be
issued to a person who has been convicted of criminal tattooing of a
minor in violation of section 260.21 of the New York state penal law
within the year immediately preceding such license application.
c. Each applicant for a tattoo license shall take an examination
administered by the department in accordance with rules promulgated by
the commissioner regarding health issues relating to tattooing,
including but not limited to, infection control, utilization of
universal precautions as recommended by the federal centers for disease
control and prevention and proper methods of waste disposal. The fee for
such examination shall be established pursuant to rules promulgated by
the commissioner. An application for a tattoo license must be
accompanied by satisfactory evidence of passing such examination. The
commissioner shall issue an informational publication which may be used
by applicants for a tattoo license in preparing to take such
examination. The commissioner shall update such informational
publication when the commissioner determines that new health-related
information or techniques have become available.
d. The biennial fee for a tattoo license shall be one hundred dollars.
New York Expiration; Transfer; Assignment; Display.
§ 17-359 Expiration; transfer; assignment; display. a. All licenses
shall be numbered and shall expire two years from the date of issuance.
b. No license shall be assignable or transferable.
c. Each license issued pursuant to this subchapter and a sign in the
form prescribed by the commissioner indicating a department of health
and mental hygiene address or telephone number where customers may
register complaints shall be posted in a conspicuous place on the
premises where the licensee is applying tattoos.
d. A license may be renewed without examination; provided, however,
that if a license is not renewed within two years of its expiration, the
licensee shall be subject to the provisions of section 17-358.
e. Any holder of a license which has been revoked may, upon expiration
of the revocation period, reapply for such license under the provisions
of section 17-358.
f. All advertising by or for a licensee must contain the phrase
"LICENSED BY THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE"
and the license number of such licensee. For the purposes of this
subdivision, an alphabetical listing in a telephone directory shall not
be considered advertising.
New York Sanitary Conditions; Physical Facilities; Equipment; Procedures.
17-360 Sanitary conditions; physical facilities; equipment;
procedures. a. Every tattoo establishment, store, place or premises in
which one or more tattooists engage in the practice of tattooing, shall
be kept in a clean and sanitary condition at all times and shall have
proper ventilation and lighting, waste receptacles, washing facilities
with cold and hot running water, sanitary soap and towels for customers
and tattooists and such other sanitary conditions as required by rules
promulgated by the commissioner.
b. The commissioner shall promulgate rules with respect to
hand-washing by tattooists, the wearing of latex gloves by tattooists
and the wearing by tattooists of any other protective garments as the
commissioner may require.
c. The commissioner shall promulgate rules with respect to the proper
sterilization of tattoo equipment, proper sterilization and disposal of
needles, and the tattooing procedure, including, but not limited to, the
preparation of the skin to be tattooed and the treatment of the skin by
the tattooist and the customer following tattooing.
d. The commissioner shall promulgate rules with respect to the
tattooing of persons who have skin lesions or other conditions as
determined by the commissioner.
e. No person shall apply a tattoo to any person under eighteen years
of age.
f. After the tattooing procedure has been completed, every tattooist
shall provide his or her customers with written instructions on the
proper care of tattooed skin.
g. Every tattooist shall maintain a record of the name, address, and
age of every customer and date tattooed and any other information
required by the commissioner and shall report to the commissioner any
information as the commissioner shall determine.
New York Advisory Committee.
§ 17-361 Advisory committee. a. There shall be established within the
department an advisory committee to advise the commissioner on health
issues relating to tattooing consisting of a chair and eight individuals
with the following qualifications: (i) two persons with prior experience
in the practice of tattooing, one appointed by the speaker of the city
council and one by the mayor; (ii) two persons engaged in the training
of such practice, one appointed by the speaker of the city council and
one by the mayor; (iii) two persons, by practice and profession,
knowledgeable in the practice of sterilization and sanitary procedures,
one appointed by the speaker of the city council and one by the mayor;
and (iv) two persons licensed as dermatologists, one appointed by the
speaker of the city council and one by the mayor. Each member shall
serve for a term of two years without compensation and may be
reappointed for additional terms. Each member shall reside in or have
his or her primary place of business within the city of New York. The
chair shall be appointed by the commissioner.
b. The advisory committee shall make recommendations to the
commissioner on all matters relating to this subchapter, including the
promulgation and amendment of rules necessary to carry out the
provisions of this subchapter and such other matters as the commissioner
may deem necessary.
New York Violations And Penalties.
§ 17-362 Violations and penalties. a. The first conviction of a
licensee for criminal tattooing of a minor under section 260.21 of the
New York state penal law shall result in the suspension of such license
for a period of six months. Not later than ten business days prior to
the expiration of such six-month suspension, where such a suspended
licensee intends to resume tattooing, such licensee shall post a bond
with the commissioner in such form and amount as the commissioner shall
require. Such bond shall remain in full force and effect for eighteen
months following the expiration of such six-month suspension. The second
conviction of a licensee for criminal tattooing of a minor under section
260.21 of the New York state penal law within two years of the first
conviction shall result in the revocation of such license for a period
of two years and the forfeiture of such bond as may have been posted
with the commissioner pursuant to this section. The third conviction of
a licensee for criminal tattooing of a minor under section 260.21 of the
New York state penal law within two years of the first conviction shall
result in the revocation of such license for a period of five years. A
license issued pursuant to this subchapter may be suspended or revoked
for any other reasonable cause specified by the commissioner in order to
ensure the health and safety of the public.
b. In addition to any other penalty imposed by any other provision of
law or rule promulgated thereunder, any person found to be in violation
of this subchapter or any of the rules promulgated hereunder shall be
liable for a civil penalty of not more than three hundred dollars for
the first violation; not more than five hundred dollars for the second
violation within a two-year period; and not more than one thousand
dollars for the third and all subsequent violations within a two-year
period.
c. A proceeding to suspend or revoke a license authorized pursuant to
subdivision a of this section, or to recover any civil penalty
authorized pursuant to subdivision b of this section, shall be commenced
by the service of a notice of violation which shall be returnable to the
administrative tribunal established by the board of health. Such
tribunal shall have the power to suspend or revoke a license issued
pursuant to this subchapter and to impose the civil penalties prescribed
by subdivision b of this section.
New York Rules.
§ 17-363 Rules. The commissioner shall promulgate rules in accordance
with the provisions of this subchapter, and such other rules as may be
necessary for the purpose of implementing and carrying out the
provisions of this subchapter.