Can a minor get a body piercing in New York without consent of the parents?

Full Question:

I am a body piercing professional and employing in a piercing studio in New York. My sister’s 13 year old daughter had asked me to pierce her ears. Can I do piercing for her?
06/23/2017   |   Category: Minors » Body Art   |   State: New York   |   #40594

Answer:

A minor is not allowed to do body piercing in New York unless there is a written consent from the parents or legal guardian. Statutory provision provides that no owner, operator or employee of a body piercing studio shall permit body piercing on a person under eighteen years of age unless such person provides the body piercing studio with the written consent, in a form prescribed by the commissioner, of a parent or legal guardian to use such body piercing studio. The parent or legal guardian shall sign such consent form in the presence of the owner of the body piercing studio or a body piercing specialist of such studio.

Statutes in this regard are given below:

NY CLS Pub Health § 460-a 
 
Restrictions on body piercing studios
1. No owner, operator or employee of a body piercing studio shall permit body piercing on a person under eighteen years of age unless such person provides the body piercing studio with the written consent, in a form prescribed by the commissioner, of a parent or legal guardian to use such body piercing studio. The parent or legal guardian shall sign such consent form in the presence of the owner of the body piercing studio or a body piercing specialist of such studio. Such original written consent shall be retained by the body piercing studio for a period of twelve months and may be retained off premises provided that an electronic image or facsimile of the original signed consent form is readily available by the owner or employee responsible for the operation of the body piercing studio.
2. A written consent form signed by a parent or legal guardian pursuant to subdivision one of this section shall expire twelve months from the date it is signed by the parent or legal guardian. Upon the expiration of a written consent form, a new written consent shall be provided in the manner prescribed in subdivision one of this section prior to the use of a body piercing studio by any person under eighteen years of age.
3. This section shall be exclusive and shall preempt any contrary local law or ordinance, except that this section shall not preempt or supersede local laws or ordinances imposing additional stricter restrictions on the operation of body piercing studios which are in effect prior to the effective date of this section.

NY CLS Penal § 260.21  
 
Unlawfully dealing with a child in the second degree
A person is guilty of unlawfully dealing with a child in the second degree when:
     1. Being an owner, lessee, manager or employee of a place where alcoholic beverages are sold or given away, he permits a child less than sixteen years old to enter or remain in such place unless:
         (a) The child is accompanied by his parent, guardian or an adult authorized by a parent or guardian; or
         (b) The entertainment or activity is being conducted for the benefit or under the auspices of a non-profit school, church or other educational or religious institution; or
         (c) Otherwise permitted by law to do so; or
         (d) The establishment is closed to the public for a specified period of time to conduct an activity or entertainment, during which the child is in or remains in such establishment, and no alcoholic beverages are sold, served, given away or consumed at such establishment during such period. The state liquor authority shall be notified in writing by the licensee of such establishment, of the intended closing of such establishment, to conduct any such activity or entertainment, not less than ten days prior to any such closing; or
     2. He marks the body of a child less than eighteen years old with indelible ink or pigments by means of tattooing; or
     3. He sells or causes to be sold tobacco in any form to a child less than eighteen years old.
It is no defense to a prosecution pursuant to subdivision three of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.
Unlawfully dealing with a child in the second degree is a class B misdemeanor.