No person shall be a body piercing specialist or tattooist and no person, firm, corporation, partnership, or other association shall operate a body piercing studio or tattoo studio without first obtaining a permit from the department.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.Upon the expiration 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. A written consent form signed by a parent or legal guardian pursuant to subdivision one of this section shall expire twelve months from the date it is signed by the parent or legal guardian.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. 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. 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."Single use needle" shall mean a needle that is sterile and that has never been used on another person.*."Approved ink handling procedure" shall mean tattoo ink storage and use procedures that are approved and deemed protective by the department.*."Department" shall mean the department of health.For purposes of this title an officer shall have the powers of a presiding officer under the state administrative procedure act within a county and shall have the powers of a presiding officer under the city administrative procedures act within a city with a population of one million or more persons. "Officer" shall mean the public official with primary responsibility for the enforcement of the state sanitary code within a county, or within a city with a population of one million or more persons."Tattoo studio" shall mean any premises in which the tattooist conducts such practice."Body piercing studio" shall mean any premises in which the body piercing specialist conducts such practice."Tattooist" shall mean any person who applies a tattoo to the body of any other person."Body piercing specialist" shall mean any person who performs body piercing on the body of any other person."Tattoo" shall mean a mark on the body of a person made with indelible ink or pigments injected beneath the outer layer of the skin.Such term shall not include tongue-splitting, as defined in section four hundred seventy of this chapter. "Body piercing" shall mean the piercing of any part of the body, except the ear."Commissioner" shall mean the commissioner of health. As used in this article, unless the context requires otherwise: Single use tattoo and body piercing equipment. All Health Care Professionals & Patient SafetyĪrticle 4-A Regulation of Body Piercing and Tattooing.Clinical Guidelines, Standards & Quality of Care.Health & Safety in the Home, Workplace & Outdoors. Birth, Death, Marriage & Divorce Records.
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