Senate Passes Padavan Body Piercing Bill

The state 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 are of legitimate concern," Senator Padavan said. "Parents help guide their children toward the right decisions, that is the job of a parent. This bill will help our parents be involved in the decisions that their underage children make, help them guide their children along the path that is best for the children. For some reason, the Assembly Democrats are resistant to helping our parents."

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.

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 seventh 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. I encourage all parents to question their Assembly members and help me get this bill signed into law," Padavan concluded.