§ 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.

Terms Used In N.Y. Public Health Law 460-A

  • Body piercing: shall mean the piercing of any part of the body, except the ear. See N.Y. Public Health Law 460
  • Body piercing specialist: shall mean any person who performs body piercing on the body of any other person. See N.Y. Public Health Law 460
  • Body piercing studio: shall mean any premises in which the body piercing specialist conducts such practice. See N.Y. Public Health Law 460
  • Commissioner: shall mean the commissioner of health. See N.Y. Public Health Law 460
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

2. 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. 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.

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.