NY grooming license bill

[mylady]

In case anyone wanted to read it, this I believe has passed the board but with all the other problems this state is having, hasn't really gone much further, but it could. Just FYI

NEW YORK
__________________________________________________ ______________________

8822

2009-2010 Regular Sessions

IN ASSEMBLY

June 10, 2009
___________

Introduced by M. of A. PAULIN, COOK, ZEBROWSKI, MILLMAN -- Multi-Spon-
sored by -- M. of A. CHRISTENSEN, DINOWITZ, GABRYSZAK, MENG, PERRY,
PHEFFER, ROBINSON, TITONE, WEISENBERG -- read once and referred to the
Committee on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the general business law, in relation to the licensing
and regulation of pet groomers

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

1 Section 1. The general business law is amended by adding a new article
2 29-CCC to read as follows:

3 ARTICLE 29-CCC
4 LICENSING AND REGULATION OF PET GROOMERS

5 Section 539. Definitions.
6 540. Standard of care.
7 541. Record keeping.
8 542. Licenses.
9 543. License refusal, suspension or revocation.
10 544. Inspections.
11 545. Violations.
12 546. Current practitioners.

13 § 539. Definitions. As used in this article, the following terms shall
14 have the following meanings:
15 1. "Pet" means any animal placed in the care of a pet groomer for
16 grooming or styling.
17 2. "Pet groomer" means an individual, licensed as a pet groomer who
18 bathes, brushes, clips or styles a pet for financial remuneration.
19 3. "Pet grooming facility" means a commercial establishment where a
20 pet may be bathed, brushed, clipped or styled.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06114-01-9


A. 8822 2

1 § 540. Standard of care. 1. The primary concern of every person
2 licensed pursuant to this article shall be the safety and well-being of
3 the pet in their care. Pets not in the grooming process shall be kept in
4 structurally sound clean cages. Such enclosures shall be in good repair
5 and large enough to allow each pet to make normal postural adjustments
6 such as sitting, standing and turning around. Each pet shall be caged
7 separately.
8 2. Outdoor facilities shall not be utilized in inclement weather.
9 Indoor facilities shall be maintained at a healthy temperature. There
10 shall be sufficient lighting to facilitate cleaning of both pets and
11 facilities. Sanitary conditions shall be maintained at all times.
12 3. Upon receiving a pet for grooming, the groomer shall inquire as to
13 the pet's veterinarian and any special needs of such pet. Adequate water
14 supply shall be available for drinking as well as bathing.
15 4. Every location where pets are groomed shall display a telephone
16 number of the state bureau or office where the pet's owner may make
17 known their feelings regarding the services received at the pet grooming
18 facility.
19 5. Pets shall not be left unattended while at the grooming facility,
20 and a drying cage shall never be used.
21 6. Every person licensed as a pet groomer shall prove to the satisfac-
22 tion of the secretary of state or a representative thereof that such
23 person is insured covering their liability for negligent acts associated
24 with their activity as a pet groomer.
25 § 541. Record keeping. 1. Each pet groomer shall keep and maintain
26 records regarding each animal cared for and the owner thereof. Such
27 records shall include the name and address of the owner, the pet's
28 veterinarian and the date of providing service.
29 2. Records for each animal shall be maintained for a period of two
30 years from the date of service. During normal business hours, such
31 records shall be made available to persons authorized by law to enforce
32 the provisions of this article.
33 § 542. Licenses. 1. The secretary of state shall establish a bureau or
34 office for the licensing of individuals as pet groomers. Such bureau or
35 office shall have branches located in various areas of the state in
36 sufficient number to meet the needs of the people of the state. The
37 secretary of state, in cooperation and consultation with the education
38 and health departments, shall establish a training program and testing
39 procedure for applicants interested in obtaining such license.
40 2. The bureau or office shall create and maintain a roster of licen-
41 sees based on information obtained from applicants and the results of
42 their training and testing. Such record shall include disciplinary
43 action, suspension of license and revocation.
44 3. No individual shall be permitted to take an examination for a pet
45 groomer's license unless such applicant is at least sixteen years of
46 age, is of good moral character and has completed at least a tenth grade
47 education.
48 4. If the applicant meets the necessary qualifications, has completed
49 the training and passed the examination, the secretary of state shall
50 issue such applicant a license as a pet groomer upon payment of a twenty
51 dollar biennial registration fee. An applicant who has not passed the
52 examination but who is otherwise qualified, may continue to take further
53 examinations upon payment of a ten dollar fee for each examination
54 taken.
55 5. A licensed pet groomer may employ individuals, under his or her
56 direct supervision, who are in training for the pet groomer's examina-


A. 8822 3

1 tion. The name of the person in charge of any pet grooming facility
2 shall be posted in a conspicuous place in such facility and the license
3 of such person shall be prominently displayed.
4 § 543. License refusal, suspension or revocation. 1. The secretary of
5 state may decline to grant or renew, or may suspend or revoke a pet
6 groomer's license for a material misstatement in the application for
7 such license, for improper record keeping or business practices or for a
8 violation of any provision of law relating to the humane treatment of
9 animals.
10 2. Prior to suspension or revocation of a license and upon due notice
11 to the licensee, a hearing shall be held as provided in articles three
12 and four of the state administrative procedure act.
13 3. Any action of the secretary of state pursuant to this section shall
14 be subject to judicial review in a proceeding pursuant to article seven-
15 ty-eight of the civil practice law and rules.
16 § 544. Inspections. 1. The secretary of state or his or her authorized
17 agents shall make yearly inspections of pet grooming facilities to
18 ensure compliance with the provisions of this article. Authority to
19 conduct such inspections and report thereon may be delegated by the
20 secretary of state to a county, city or town.
21 2. Any person making such inspections shall be first provided training
22 in the provisions of this article and the proper care of pets in gener-
23 al.
24 § 545. Violations. 1. In addition to denial, revocation, suspension or
25 refusal of renewal of a license, as otherwise provided in this article,
26 any violation of a provision of this article is a civil offense, for
27 which a penalty of not less than one hundred dollars nor more than one
28 thousand dollars for each violation may be imposed.
29 2. The provisions of this article may be concurrently enforced by the
30 secretary of state and by any county, city or town to which the secre-
31 tary of state has delegated authority. Moneys collected thereunder shall
32 be retained by the local municipality.
33 § 546. Current practitioners. Individuals engaged in pet grooming on
34 the effective date of this article may continue in such capacity for one
35 year from such date, but must, within said year, make application for a
36 license as provided in this article and will be subject to the
37 provisions of this article thereafter.
38 § 2. This act shall take effect on the ninetieth day after it shall
39 have become a law; provided, however, that effective immediately the
40 addition, amendment or repeal of any rule or regulation necessary for
41 the implementation of this act on its effective date are authorized and
42 directed to be made and completed on or before such effective date.

[odette]

lovely! what a nightmare, it is arbitrary. outside weather conditions may be fine for a sibe,not for a chihuahua,oh well keep us posted.

[pooh13]

this looks like a corp guideline...No cage dryers? who comes up with this stuff. I don't know about the rest of you groomers here, but this cage dryer bashing by non groomers is just ridiculous.I don't know how many times I have seen people drive down the road doing 50+MPH with the dogs head hanging out of the car windows or stuck in the back of a pick up truck and no one thinks twice about the dangers of this? hello wake up pet owners I'm sorry but this is much more dangerous to any pet than a cage dryer is if used properly .Common sense tells us do not use a high heat setting to dry dogs or let them sit for hours on end.duh those that make this mistake obviously lack the use of common sense.But c'mon if stupidity was a crime we would all have been locked up at one time or another in our lifetime for something we did that turned out to be stupid.but to make a law that prohibits the use of a room temp fan(which many of us use at one time or another to get rid of moister in a coat)or a dogs that is petrified of the dryers but fine for a fan is just down right ridiculous IMO.

[dirty hairy]

"drying cages"

I noticed that the proposed legislation states in section A line 20 that "a drying cage shall be used."
I wonder if what they're referring to are those fully enclosed "ovens" that are sometimes used for drying large dogs? There was some similar legislation in MA proposed after a greyhound died in one. At the MA debate the Petsomethings were well represented. I would be really surprised if legislation went through that outlawed the use of cage dryers because the Petsomethings rely on them and employ a lot of people in NY, and I would imagine they would be able to throw their weight around and make sure cage dryers were ok. Drying cages, however, probably should be illegal. There is just too much room for operator error that could result in a fatality.

[Maltese_mama]

Good post Pooh!

"No individual shall be permitted to take an examination for a pet
groomer's license unless such applicant [...] is of good moral character..."


I'm sorry but that part made me laugh!

[Allan]

What is the definition of"Training" so that we may "Qualify"?

[MydogMissy]

Good post Pooh!

"No individual shall be permitted to take an examination for a pet
groomer's license unless such applicant [...] is of good moral character..."


I'm sorry but that part made me laugh!

Yeah, guess who gets to decide if you're "moral" enough?

Lawyers rule.... groomers drool....

[abandk03]

How dumb! Sorry but they need to come up with another one.

[A1Mobile]

Lawyers rule.... groomers drool....

LOL..

[pinkgroomer]

Michelle wrote several letters and sent them out this weekend, she is waiting to hear back from the state congress and assemblymen. She also wrote a letter and sent it out to area groomers that she had info for and to cage drying manufaturers to get them in the loop, because when she called them, they had no idea about it. She is looking to set up a meeting with groomers, so we can unify and discuss and help get a bill passed that has the safety of the pet in mind without being confusing, lacking information, and causing undo limitations and stress to the groomers.

[LJRSnowcat]

So....my cousin's name is on this bill! I'll contact her and see if they're looking for information from real groomers to make amendments to this bill.

[odette]

send this on to a.d.o.a.org american dog owners association, they have lawyers to help fight things like this.

[dogspaw]

Michelle wrote several letters and sent them out this weekend, she is waiting to hear back from the state congress and assemblymen. She also wrote a letter and sent it out to area groomers that she had info for and to cage drying manufaturers to get them in the loop, because when she called them, they had no idea about it. She is looking to set up a meeting with groomers, so we can unify and discuss and help get a bill passed that has the safety of the pet in mind without being confusing, lacking information, and causing undo limitations and stress to the groomers.

Thats awsome! Keeping everyone in the loop so everyone's voice can be heard.

[mylady]

Did Michele contact CPAC? I know they've been involved after it passed the board to try to get it amended but didn't know if any progress was made. I contacted Senator Krueger over the summer when this first came out. Maybe if enough speak out...

[neanea]

Hey y'all, where are our grooming org's in all of this? Seems like they'd be on this, like fly's on you-know-what, to make sure it's accurate and true to the industry. Are any of them fighting for US? I mean, we support them and they are supposed to support the industry ...

I'm not in NY, but would want to know that *IF* this became a nation-wide thing, that there would be an industry entity going to bat for us. IMHO, I do feel that licensing is not that far off and would hope that some of our organizations would be involved in consulting on the actual wording of the laws.