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New York Body Art Sterilization Guidelines

Release #128-97
Contact:Colleen Roche (212) 788-2958, Dwight Williams (212) 788-2972

FORMER MAYOR GIULIANI CONSIDERS BILL THAT WOULD LEGALIZE TATTOOING IN NEW YORK CITY
Remarks by Mayor Rudolph W. Giuliani at Public Hearing on Local Laws:
The bill before me for consideration today is 832-A which was introduced by Councilmember Kathryn Freed. This bill would amend sections 17-357 to 17-361 of the Administrative Code in relation to tattoo licenses. Introduction 832-A adds a new Subchapter 7, entitled "Tattoo Regulation Act" to Chapter 3 of Title 17 of the City's Administrative Code.

The practice of tattooing has been illegal in New York City since 1961, in response to a perceived link between an outbreak of Hepatitis B and tattooing. However, there has not been a single documented case of Hepatitis B in New York City transmitted by tattooing in almost 40 years since the ban was enacted.

Pursuant to Health Code Section 181.15, operation of a tattoo establishment in New York City is illegal, however such establishments do currently operate in the City without regulations. This proposed subchapter would license and regulate tattoo artists to ensure that they are practicing basic health and safety procedures.

This bill calls for the Commissioner of Health to issue licenses to individual tattoo artists who have met specific criteria. This bill also requires the Commissioner of Health to set forth regulations outlining universal precautions and standards of practice for tattooing. A violation schedule for penalties associated with non-compliance of this subchapter is also laid out in the bill.

I would like to state that the regulations set forth in this bill mirror changes in the Administrative Code which the Department of Health has already begun to enact. I thank Councilmember Freed for introducing this bill and I will take these comments under advisement.

New York City Department of Health
Facts on Tattoo Licensing

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The Department of Health (DOH) licenses tattoo artists -- not tattoo parlors.

DOH tattoo regulations are aimed to control the spread of infectious diseases (i.e. "Does she do the job safely?").

Basic safety principles include:

The work area must be kept clean and hygienic.
Needles and other objects for penetrating the skin must be sterile.
Tattooists and their clothing must be clean. No exposed cuts, wounds, etc.
Needles and other objects which have touched blood or body fluids must be disposed of appropriately.

DOH rules do not address tattoo quality or design (i.e. "Is she a good artist?").

Tattoo license applicants must take an infection control course and pass an exam.

Since the law took effect (in mid-1997), more than 500 tattoo licenses have been given out.

Tattoo licenses are valid for two years.

Tattoo license applications are available at the Department of Consumer Affairs Citywide License Center, 42 Broadway, Manhattan.

DOH inspects tattoo parlors on a complaint basis.

February 2000

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