S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3682
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 13, 2015
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       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
   21  AND SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, A COMMERCIAL  ESTABLISH-
   22  MENT  OR A MOTOR VEHICLE WHERE SUCH SERVICES ARE PROVIDED AND PET GROOM-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03516-01-5
       S. 3682                             2
    1  ERS WHO PROVIDE SUCH SERVICES AT ANY LOCATION THAT IS NOT  A  COMMERCIAL
    2  ESTABLISHMENT OR MOTOR VEHICLE WHERE SUCH SERVICES ARE PROVIDED.
    3    S 540. STANDARD OF CARE. 1. THE PRIMARY CONCERN OF EVERY PERSON CERTI-
    4  FIED  PURSUANT TO THIS ARTICLE SHALL BE THE SAFETY AND WELL-BEING OF THE
    5  PET IN THEIR CARE. PETS NOT IN THE GROOMING PROCESS  SHALL  BE  KEPT  IN
    6  STRUCTURALLY  SOUND CLEAN CAGES. SUCH ENCLOSURES SHALL BE IN GOOD REPAIR
    7  AND LARGE ENOUGH TO ALLOW EACH PET TO MAKE NORMAL  POSTURAL  ADJUSTMENTS
    8  SUCH  AS  SITTING,  STANDING AND TURNING AROUND. EACH PET SHALL BE CAGED
    9  SEPARATELY. PETS SHALL NOT BE ALLOWED TO ROAM FREE IN THE  PET  GROOMING
   10  FACILITY.
   11    2.  OUTDOOR  FACILITIES  SHALL  NOT  BE UTILIZED IN INCLEMENT WEATHER.
   12  INDOOR FACILITIES SHALL BE MAINTAINED AT A  HEALTHY  TEMPERATURE.  THERE
   13  SHALL  BE  SUFFICIENT  LIGHTING  TO FACILITATE CLEANING OF BOTH PETS AND
   14  FACILITIES.   SANITARY CONDITIONS SHALL  BE  MAINTAINED  AT  ALL  TIMES.
   15  GROOMERS  SHALL  BE  PROVIDED WITH THE PET'S VACCINATION HISTORY AND THE
   16  PET OWNER'S EMERGENCY CONTACT NUMBER.
   17    3. UPON RECEIVING A PET FOR GROOMING, THE GROOMER SHALL INQUIRE AS  TO
   18  THE PET'S VETERINARIAN AND ANY SPECIAL NEEDS OF SUCH PET. ADEQUATE WATER
   19  SUPPLY SHALL BE AVAILABLE FOR DRINKING AS WELL AS BATHING.
   20    4.  EVERY  LOCATION  WHERE  PETS ARE GROOMED SHALL DISPLAY A TELEPHONE
   21  NUMBER OF THE STATE BUREAU OR OFFICE WHERE  THE  PET'S  OWNER  MAY  MAKE
   22  KNOWN THEIR FEELINGS REGARDING THE SERVICES RECEIVED AT THE PET GROOMING
   23  FACILITY.
   24    5.  PETS  SHALL NOT BE LEFT UNATTENDED WHILE AT THE GROOMING FACILITY,
   25  AND A DRYING CAGE SHALL NEVER BE USED. PETS SHALL NOT BE LEFT UNATTENDED
   26  ON A GROOMING TABLE OR IN A BATH TUB.
   27    6. EVERY PERSON CERTIFIED AS A PET GROOMER SHALL PROVE TO  THE  SATIS-
   28  FACTION  OF THE SECRETARY OF STATE OR A REPRESENTATIVE THEREOF THAT SUCH
   29  PERSON IS INSURED COVERING THEIR LIABILITY FOR NEGLIGENT ACTS ASSOCIATED
   30  WITH THEIR ACTIVITY AS A PET GROOMER.
   31    S 541. RECORD KEEPING. 1. EACH PET GROOMER  SHALL  KEEP  AND  MAINTAIN
   32  RECORDS  REGARDING  EACH  ANIMAL  CARED FOR AND THE OWNER THEREOF.  SUCH
   33  RECORDS SHALL INCLUDE THE NAME AND  ADDRESS  OF  THE  OWNER,  THE  PET'S
   34  VETERINARIAN AND THE DATE OF PROVIDING SERVICE.
   35    2.  RECORDS  FOR  EACH  ANIMAL SHALL BE MAINTAINED FOR A PERIOD OF TWO
   36  YEARS FROM THE DATE OF  SERVICE.  DURING  NORMAL  BUSINESS  HOURS,  SUCH
   37  RECORDS  SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE
   38  THE PROVISIONS OF THIS ARTICLE.
   39    S 542. CERTIFICATION. 1. THE SECRETARY  OF  STATE  SHALL  ESTABLISH  A
   40  BUREAU OR OFFICE TO ENFORCE AND OVERSEE THE CERTIFICATION OF INDIVIDUALS
   41  AS  PET  GROOMERS.  SUCH BUREAU OR OFFICE SHALL HAVE BRANCHES LOCATED IN
   42  VARIOUS AREAS OF THE STATE IN SUFFICIENT NUMBER TO MEET THE NEEDS OF THE
   43  PEOPLE OF THE STATE.  THE SECRETARY OF STATE, IN COOPERATION AND CONSUL-
   44  TATION WITH THE EDUCATION AND  HEALTH  DEPARTMENTS,  SHALL  ESTABLISH  A
   45  TRAINING  PROGRAM  AND  TESTING  PROCEDURE  FOR APPLICANTS INTERESTED IN
   46  OBTAINING SUCH CERTIFICATION.
   47    2. THE BUREAU OR OFFICE SHALL CREATE AND MAINTAIN A ROSTER  OF  CERTI-
   48  FIED  PET GROOMERS BASED ON INFORMATION OBTAINED FROM APPLICANTS AND THE
   49  RESULTS OF THEIR TRAINING AND TESTING. SUCH RECORD SHALL INCLUDE  DISCI-
   50  PLINARY ACTION, SUSPENSION OF CERTIFICATION AND REVOCATION.
   51    3.  NO  INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
   52  GROOMER'S CERTIFICATION UNLESS SUCH APPLICANT IS AT LEAST SIXTEEN  YEARS
   53  OF AGE, IS OF GOOD MORAL CHARACTER, HAS COMPLETED AT LEAST A TENTH GRADE
   54  EDUCATION AND PASSED A BACKGROUND CHECK.
   55    4.  IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
   56  THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY  OF  STATE  SHALL
       S. 3682                             3
    1  CERTIFY  SUCH  APPLICANT  AS  A  PET  GROOMER UPON PAYMENT OF A BIENNIAL
    2  REGISTRATION FEE AS DETERMINED BY THE DEPARTMENT.  AN APPLICANT WHO  HAS
    3  NOT  PASSED THE EXAMINATION BUT WHO IS OTHERWISE QUALIFIED, MAY CONTINUE
    4  TO  TAKE FURTHER EXAMINATIONS UPON PAYMENT OF A FEE AS DETERMINED BY THE
    5  DEPARTMENT FOR EACH EXAMINATION TAKEN.
    6    5. A CERTIFIED PET GROOMER MAY EMPLOY INDIVIDUALS, UNDER  HIS  OR  HER
    7  DIRECT  SUPERVISION,  WHO ARE IN TRAINING FOR THE PET GROOMER'S EXAMINA-
    8  TION. THE NAME OF THE PERSON IN CHARGE  OF  ANY  PET  GROOMING  FACILITY
    9  SHALL  BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE CERTIF-
   10  ICATION OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
   11    S 543. CERTIFICATION REFUSAL, SUSPENSION OR REVOCATION. 1. THE  SECRE-
   12  TARY  OF STATE MAY DECLINE TO GRANT OR RENEW, OR MAY SUSPEND OR REVOKE A
   13  PET GROOMER'S CERTIFICATION FOR A MATERIAL MISSTATEMENT IN THE  APPLICA-
   14  TION  FOR  SUCH  CERTIFICATION,  FOR IMPROPER RECORD KEEPING OR BUSINESS
   15  PRACTICES OR FOR A VIOLATION OF ANY PROVISION OF  LAW  RELATING  TO  THE
   16  HUMANE TREATMENT OF ANIMALS AND THE PROTECTION OF THE CONSUMER.
   17    2.  PRIOR  TO SUSPENSION OR REVOCATION OF A CERTIFICATION AND UPON DUE
   18  NOTICE TO THE GROOMER, A HEARING SHALL BE HELD AS PROVIDED  IN  ARTICLES
   19  THREE AND FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   20    3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
   21  BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
   22  TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   23    S 544. INSPECTIONS. 1. THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
   24  AGENTS  SHALL  MAKE  YEARLY  INSPECTIONS  OF  PET GROOMING FACILITIES TO
   25  ENSURE COMPLIANCE WITH THE PROVISIONS  OF  THIS  ARTICLE.  AUTHORITY  TO
   26  CONDUCT  SUCH  INSPECTIONS  AND  REPORT  THEREON MAY BE DELEGATED BY THE
   27  SECRETARY OF STATE TO A COUNTY, CITY OR TOWN.
   28    2. ANY PERSON MAKING SUCH INSPECTIONS SHALL BE FIRST PROVIDED TRAINING
   29  IN THE PROVISIONS OF THIS ARTICLE AND THE PROPER CARE OF PETS IN  GENER-
   30  AL.
   31    S 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
   32  REFUSAL  OF  RENEWAL  OF  A CERTIFICATION, AS OTHERWISE PROVIDED IN THIS
   33  ARTICLE, ANY VIOLATION OF  A  PROVISION  OF  THIS  ARTICLE  IS  A  CIVIL
   34  OFFENSE,  FOR  WHICH  A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR
   35  MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION MAY BE  IMPOSED.    AN
   36  INCIDENT  REPORT  SHALL  BE  COMPLETED  AND FILED WITH THE DEPARTMENT OF
   37  STATE BY THE PET GROOMER WHENEVER A PET DIES OR IS INJURED WHILE IN  THE
   38  GROOMER'S CARE.
   39    2.  THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY THE
   40  SECRETARY OF STATE AND BY ANY COUNTY, CITY OR TOWN TO WHICH  THE  SECRE-
   41  TARY OF STATE HAS DELEGATED AUTHORITY. MONEYS COLLECTED THEREUNDER SHALL
   42  BE RETAINED BY THE LOCAL MUNICIPALITY.
   43    S  546.  CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET GROOMING ON
   44  THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
   45  YEAR FROM SUCH DATE, BUT MUST, WITHIN SAID YEAR,  MAKE  APPLICATION  FOR
   46  CERTIFICATION  AS  PROVIDED  IN  THIS ARTICLE AND WILL BE SUBJECT TO THE
   47  PROVISIONS OF THIS ARTICLE THEREAFTER.
   48    S 2. This act shall take effect on the ninetieth day  after  it  shall
   49  have  become  a  law;  provided, however, that effective immediately the
   50  addition, amendment or repeal of any rule or  regulation  necessary  for
   51  the  implementation of this act on its effective date are authorized and
   52  directed to be made and completed on or before such effective date.