Bill Text: NY A01074 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Provides that a tanning facility shall not permit the use of an ultraviolet radiation device by persons sixteen years of age and under.

Spectrum: Moderate Partisan Bill (Democrat 25-8)

Status: (Passed) 2012-07-16 - signed chap.105 [A01074 Detail]

Download: New_York-2011-A01074-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1074
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  WEISENBERG,  MILLMAN, SPANO, CASTRO, JAFFEE,
         ROSENTHAL, GALEF -- Multi-Sponsored by -- M. of A.  BOYLAND,  BURLING,
         CALHOUN,  COOK,  CRESPO, GIBSON, MAISEL, MARKEY, MAYERSOHN, McDONOUGH,
         McKEVITT, MENG, MOLINARO, OAKS  --  read  once  and  referred  to  the
         Committee on Health
       AN  ACT to amend the public health law, in relation to the use of ultra-
         violet radiation devices by persons under eighteen years of age
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 3555 of the public health law, as added by chapter
    2  573 of the laws of 2006, is amended to read as follows:
    3    S 3555. Restrictions on the use of ultraviolet radiation  devices.  1.
    4  No  owner,  operator, or employee of a tanning facility shall permit the
    5  use of the tanning facility by a person eighteen years of age  or  older
    6  until  such  person  provides  a  driver's license or other photographic
    7  identification card issued by a government entity or educational  insti-
    8  tution  indicating that the individual is at least eighteen years of age
    9  and the facility has on file a  signed  written  statement,  in  a  form
   10  prescribed  by the commissioner, acknowledging that such person has read
   11  the warnings required  under  subdivision  two  of  section  thirty-five
   12  hundred  fifty-four  of  this  article and agrees to wear safety goggles
   13  before using an ultraviolet radiation device. Such signed  statement  of
   14  acknowledgment  may  be  retained  by  the tanning facility off premises
   15  provided that an electronic image or facsimile of  the  original  signed
   16  statement of acknowledgment is readily available by the owner or employ-
   17  ee  responsible for the operation of the ultraviolet radiation device of
   18  such facility.
   19    2. [No owner, operator, or employee of a tanning facility shall permit
   20  the use of an ultraviolet radiation device by a person fourteen to eigh-
   21  teen years of age until such person provides the tanning  facility  with
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04206-01-1
       A. 1074                             2
    1  the  written  consent,  in  a  form prescribed by the commissioner, of a
    2  parent or legal guardian to use such tanning  facility.  The  parent  or
    3  legal guardian shall sign such consent form in the presence of the owner
    4  of  the tanning facility or an employee responsible for the operation of
    5  the ultraviolet radiation device of such facility indicating  that  such
    6  parent  or guardian has read the warnings required under subdivision two
    7  of section thirty-five hundred fifty-four of this article and  that  the
    8  person  fourteen  to eighteen years of age agrees to wear safety goggles
    9  before using an ultraviolet  radiation  device.  Such  original  written
   10  consent shall be retained by the tanning facility for a period of twelve
   11  months  and  may  be  retained  off premises provided that an electronic
   12  image or facsimile of the original signed consent form is readily avail-
   13  able by the owner or employee  responsible  for  the  operation  of  the
   14  ultraviolet radiation device of such facility.
   15    3.  A written consent form signed by a parent or legal guardian pursu-
   16  ant to subdivision two of this section shall expire twelve  months  from
   17  the  date it is signed by the parent or legal guardian. Upon the expira-
   18  tion of a written consent form, a new written consent shall be  provided
   19  in the manner prescribed in subdivision two of this section prior to the
   20  use  of  an ultraviolet radiation device by any person fourteen to eigh-
   21  teen years of age.
   22    4.] No owner, operator, or employee of a tanning facility shall permit
   23  the use of an ultraviolet radiation device by persons  under  [fourteen]
   24  EIGHTEEN years of age.
   25    [5.] 3. This section shall be exclusive and shall preempt any contrary
   26  local  law  or  ordinance, except that this section shall not preempt or
   27  supersede  local  laws  or  ordinances  imposing   additional   stricter
   28  restrictions  on  the use and operation of ultraviolet radiation devices
   29  at tanning facilities which are in effect prior to the effective date of
   30  this section.
   31    S 2. This act shall take effect on the thirtieth day  after  it  shall
   32  have become a law.