S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2204
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M.  of  A. McDONOUGH, MALLIOTAKIS, KEARNS, BROOK-KRASNY,
         CORWIN -- Multi-Sponsored by -- M.  of  A.  CERETTO,  DUPREY,  RIVERA,
         SALADINO,  SOLAGES,  TENNEY,  THIELE  -- read once and referred to the
         Committee on Economic Development
       AN ACT to amend the general business law, in  relation  to  the  certif-
         ication 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                 CERTIFICATION AND REGULATION OF PET GROOMERS
    5  SECTION 539. DEFINITIONS.
    6          540. STANDARD OF CARE.
    7          541. RECORD KEEPING.
    8          542. CERTIFICATION.
    9          543. CERTIFICATION REFUSAL, SUSPENSION OR REVOCATION.
   10          544. INSPECTIONS.
   11          545. VIOLATIONS.
   12          546. CURRENT PRACTITIONERS.
   13    S 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, CERTIFIED AS A PET GROOMER WHO
   18  BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL REMUNERATION.
   19    3. "PET GROOMING FACILITY" MEANS ANY PERSON OR ENTITY THAT ENGAGES  IN
   20  BATHING,  BRUSHING, CLIPPING OR STYLING A PET FOR FINANCIAL REMUNERATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03516-01-5
       A. 2204                             2
    1  AND SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, A COMMERCIAL  ESTABLISH-
    2  MENT  OR A MOTOR VEHICLE WHERE SUCH SERVICES ARE PROVIDED AND PET GROOM-
    3  ERS WHO PROVIDE SUCH SERVICES AT ANY LOCATION THAT IS NOT  A  COMMERCIAL
    4  ESTABLISHMENT OR MOTOR VEHICLE WHERE SUCH SERVICES ARE PROVIDED.
    5    S 540. STANDARD OF CARE. 1. THE PRIMARY CONCERN OF EVERY PERSON CERTI-
    6  FIED  PURSUANT TO THIS ARTICLE SHALL BE THE SAFETY AND WELL-BEING OF THE
    7  PET IN THEIR CARE. PETS NOT IN THE GROOMING PROCESS  SHALL  BE  KEPT  IN
    8  STRUCTURALLY  SOUND CLEAN CAGES. SUCH ENCLOSURES SHALL BE IN GOOD REPAIR
    9  AND LARGE ENOUGH TO ALLOW EACH PET TO MAKE NORMAL  POSTURAL  ADJUSTMENTS
   10  SUCH  AS  SITTING,  STANDING AND TURNING AROUND. EACH PET SHALL BE CAGED
   11  SEPARATELY. PETS SHALL NOT BE ALLOWED TO ROAM FREE IN THE  PET  GROOMING
   12  FACILITY.
   13    2.  OUTDOOR  FACILITIES  SHALL  NOT  BE UTILIZED IN INCLEMENT WEATHER.
   14  INDOOR FACILITIES SHALL BE MAINTAINED AT A  HEALTHY  TEMPERATURE.  THERE
   15  SHALL  BE  SUFFICIENT  LIGHTING  TO FACILITATE CLEANING OF BOTH PETS AND
   16  FACILITIES.   SANITARY CONDITIONS SHALL  BE  MAINTAINED  AT  ALL  TIMES.
   17  GROOMERS  SHALL  BE  PROVIDED WITH THE PET'S VACCINATION HISTORY AND THE
   18  PET OWNER'S EMERGENCY CONTACT NUMBER.
   19    3. UPON RECEIVING A PET FOR GROOMING, THE GROOMER SHALL INQUIRE AS  TO
   20  THE PET'S VETERINARIAN AND ANY SPECIAL NEEDS OF SUCH PET. ADEQUATE WATER
   21  SUPPLY SHALL BE AVAILABLE FOR DRINKING AS WELL AS BATHING.
   22    4.  EVERY  LOCATION  WHERE  PETS ARE GROOMED SHALL DISPLAY A TELEPHONE
   23  NUMBER OF THE STATE BUREAU OR OFFICE WHERE  THE  PET'S  OWNER  MAY  MAKE
   24  KNOWN THEIR FEELINGS REGARDING THE SERVICES RECEIVED AT THE PET GROOMING
   25  FACILITY.
   26    5.  PETS  SHALL NOT BE LEFT UNATTENDED WHILE AT THE GROOMING FACILITY,
   27  AND A DRYING CAGE SHALL NEVER BE USED. PETS SHALL NOT BE LEFT UNATTENDED
   28  ON A GROOMING TABLE OR IN A BATH TUB.
   29    6. EVERY PERSON CERTIFIED AS A PET GROOMER SHALL PROVE TO  THE  SATIS-
   30  FACTION  OF THE SECRETARY OF STATE OR A REPRESENTATIVE THEREOF THAT SUCH
   31  PERSON IS INSURED COVERING THEIR LIABILITY FOR NEGLIGENT ACTS ASSOCIATED
   32  WITH THEIR ACTIVITY AS A PET GROOMER.
   33    S 541. RECORD KEEPING. 1. EACH PET GROOMER  SHALL  KEEP  AND  MAINTAIN
   34  RECORDS  REGARDING  EACH  ANIMAL  CARED FOR AND THE OWNER THEREOF.  SUCH
   35  RECORDS SHALL INCLUDE THE NAME AND  ADDRESS  OF  THE  OWNER,  THE  PET'S
   36  VETERINARIAN AND THE DATE OF PROVIDING SERVICE.
   37    2.  RECORDS  FOR  EACH  ANIMAL SHALL BE MAINTAINED FOR A PERIOD OF TWO
   38  YEARS FROM THE DATE OF  SERVICE.  DURING  NORMAL  BUSINESS  HOURS,  SUCH
   39  RECORDS  SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE
   40  THE PROVISIONS OF THIS ARTICLE.
   41    S 542. CERTIFICATION. 1. THE SECRETARY  OF  STATE  SHALL  ESTABLISH  A
   42  BUREAU OR OFFICE TO ENFORCE AND OVERSEE THE CERTIFICATION OF INDIVIDUALS
   43  AS  PET  GROOMERS.  SUCH BUREAU OR OFFICE SHALL HAVE BRANCHES LOCATED IN
   44  VARIOUS AREAS OF THE STATE IN SUFFICIENT NUMBER TO MEET THE NEEDS OF THE
   45  PEOPLE OF THE STATE.  THE SECRETARY OF STATE, IN COOPERATION AND CONSUL-
   46  TATION WITH THE EDUCATION AND  HEALTH  DEPARTMENTS,  SHALL  ESTABLISH  A
   47  TRAINING  PROGRAM  AND  TESTING  PROCEDURE  FOR APPLICANTS INTERESTED IN
   48  OBTAINING SUCH CERTIFICATION.
   49    2. THE BUREAU OR OFFICE SHALL CREATE AND MAINTAIN A ROSTER  OF  CERTI-
   50  FIED  PET GROOMERS BASED ON INFORMATION OBTAINED FROM APPLICANTS AND THE
   51  RESULTS OF THEIR TRAINING AND TESTING. SUCH RECORD SHALL INCLUDE  DISCI-
   52  PLINARY ACTION, SUSPENSION OF CERTIFICATION AND REVOCATION.
   53    3.  NO  INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
   54  GROOMER'S CERTIFICATION UNLESS SUCH APPLICANT IS AT LEAST SIXTEEN  YEARS
   55  OF AGE, IS OF GOOD MORAL CHARACTER, HAS COMPLETED AT LEAST A TENTH GRADE
   56  EDUCATION AND PASSED A BACKGROUND CHECK.
       A. 2204                             3
    1    4.  IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
    2  THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY  OF  STATE  SHALL
    3  CERTIFY  SUCH  APPLICANT  AS  A  PET  GROOMER UPON PAYMENT OF A BIENNIAL
    4  REGISTRATION FEE AS DETERMINED BY THE DEPARTMENT.  AN APPLICANT WHO  HAS
    5  NOT  PASSED THE EXAMINATION BUT WHO IS OTHERWISE QUALIFIED, MAY CONTINUE
    6  TO TAKE FURTHER EXAMINATIONS UPON PAYMENT OF A FEE AS DETERMINED BY  THE
    7  DEPARTMENT FOR EACH EXAMINATION TAKEN.
    8    5.  A  CERTIFIED  PET GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS OR HER
    9  DIRECT SUPERVISION, WHO ARE IN TRAINING FOR THE PET  GROOMER'S  EXAMINA-
   10  TION.  THE  NAME  OF  THE  PERSON IN CHARGE OF ANY PET GROOMING FACILITY
   11  SHALL BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE  CERTIF-
   12  ICATION OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
   13    S  543. CERTIFICATION REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRE-
   14  TARY OF STATE MAY DECLINE TO GRANT OR RENEW, OR MAY SUSPEND OR REVOKE  A
   15  PET  GROOMER'S CERTIFICATION FOR A MATERIAL MISSTATEMENT IN THE APPLICA-
   16  TION FOR SUCH CERTIFICATION, FOR IMPROPER  RECORD  KEEPING  OR  BUSINESS
   17  PRACTICES  OR  FOR  A  VIOLATION OF ANY PROVISION OF LAW RELATING TO THE
   18  HUMANE TREATMENT OF ANIMALS AND THE PROTECTION OF THE CONSUMER.
   19    2. PRIOR TO SUSPENSION OR REVOCATION OF A CERTIFICATION AND  UPON  DUE
   20  NOTICE  TO  THE GROOMER, A HEARING SHALL BE HELD AS PROVIDED IN ARTICLES
   21  THREE AND FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   22    3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
   23  BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
   24  TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   25    S 544. INSPECTIONS. 1. THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
   26  AGENTS SHALL MAKE YEARLY  INSPECTIONS  OF  PET  GROOMING  FACILITIES  TO
   27  ENSURE  COMPLIANCE  WITH  THE  PROVISIONS  OF THIS ARTICLE. AUTHORITY TO
   28  CONDUCT SUCH INSPECTIONS AND REPORT THEREON  MAY  BE  DELEGATED  BY  THE
   29  SECRETARY OF STATE TO A COUNTY, CITY OR TOWN.
   30    2. ANY PERSON MAKING SUCH INSPECTIONS SHALL BE FIRST PROVIDED TRAINING
   31  IN  THE PROVISIONS OF THIS ARTICLE AND THE PROPER CARE OF PETS IN GENER-
   32  AL.
   33    S 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
   34  REFUSAL OF RENEWAL OF A CERTIFICATION, AS  OTHERWISE  PROVIDED  IN  THIS
   35  ARTICLE,  ANY  VIOLATION  OF  A  PROVISION  OF  THIS  ARTICLE IS A CIVIL
   36  OFFENSE, FOR WHICH A PENALTY OF NOT LESS THAN ONE  HUNDRED  DOLLARS  NOR
   37  MORE  THAN  ONE  THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED.  AN
   38  INCIDENT REPORT SHALL BE COMPLETED AND  FILED  WITH  THE  DEPARTMENT  OF
   39  STATE  BY THE PET GROOMER WHENEVER A PET DIES OR IS INJURED WHILE IN THE
   40  GROOMER'S CARE.
   41    2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
   42  SECRETARY  OF  STATE AND BY ANY COUNTY, CITY OR TOWN TO WHICH THE SECRE-
   43  TARY OF STATE HAS DELEGATED AUTHORITY. MONEYS COLLECTED THEREUNDER SHALL
   44  BE RETAINED BY THE LOCAL MUNICIPALITY.
   45    S 546. CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET  GROOMING  ON
   46  THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
   47  YEAR  FROM  SUCH  DATE, BUT MUST, WITHIN SAID YEAR, MAKE APPLICATION FOR
   48  CERTIFICATION AS PROVIDED IN THIS ARTICLE AND WILL  BE  SUBJECT  TO  THE
   49  PROVISIONS OF THIS ARTICLE THEREAFTER.
   50    S  2.  This  act shall take effect on the ninetieth day after it shall
   51  have become a law; provided, however,  that  effective  immediately  the
   52  addition,  amendment  or  repeal of any rule or regulation necessary for
   53  the implementation of this act on its effective date are authorized  and
   54  directed to be made and completed on or before such effective date.