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The Senate passed legislation, sponsored by Senator Frank Padavan, that would require parental consent for the piercing and branding of minors, and prohibit the piercing, tattooing and branding of those under the influence of alcohol or drugs.

"Most medical procedures require parental consent or notification, yet for some reason the Assembly won't pass this bill, when clearly the risks associated with piercing and tattooing are of legitimate concern," Senator Padavan said. "This bill enjoys support from the medical community and many people who earn their living as practitioners of piercing and tattooing. It's time to give parents the tools to help their children make informed decisions with regard to altering their bodies."

The Mayo Clinic, the American Dental Association, the American Academy of Dermatology, the American Medical Association, the New York State Health Department and countless doctors have all spoken out on the dangers of body piercing, Padavan noted.

This legislation would make the piercing or branding (excluding ear piercing) of children under 18 a Class B misdemeanor. Exceptions would be made for emancipated minors, minors with parental consent and religious rituals. Current law only makes the tattooing of minors a crime, but does not address piercing. Additionally, this bill would make it a crime to tattoo, brand or pierce any individual under the influence of alcohol or drugs. Existing law does not address this issue.

Nineteen other states, along with several counties throughout New York State, have already enacted their own laws regulating piercing, branding and tattooing. This bill would provide a state standard regulating body art for minors and intoxicated individuals. Padavan noted, "Counties, towns, cities and villages throughout New York have all enacted legislation similar to this bill. Statewide legislation would bring conformity to the law and clear up any confusion resulting from differences in local policies, but more importantly would help protect our children.

"This is the sixth time the legislation has passed the Senate. In order to become law the bill must pass the Assembly and then be signed by the governor. Assembly leadership has been unwilling to act on this measure. I encourage all parents to question their Assembly members and help me get this bill signed into law," Padavan concluded.


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