Bill Text: NY S07546 | 2015-2016 | General Assembly | Introduced
Bill Title: Prohibits anyone under eighteen years of age from using an ultraviolet radiation device.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-09 - REFERRED TO HEALTH [S07546 Detail]
Download: New_York-2015-S07546-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7546 IN SENATE May 9, 2016 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to restrictions on the use of ultraviolet radiation devices 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 amended by chap- 2 ter 105 of the laws of 2012, is amended to read as follows: 3 § 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 [seventeen to] 21 under eighteen years of age [until such person provides the tanning22facility with the written consent, in a form prescribed by the commis-23sioner, of a parent or legal guardian to use such tanning facility. The24parent or legal guardian shall sign such consent form in the presence of25the owner of the tanning facility or an employee responsible for the26operation of the ultraviolet radiation device of such facility indicat-27ing that such parent or guardian has read the warnings required under28subdivision two of section thirty-five hundred fifty-four of this arti-EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13642-01-6S. 7546 2 1cle and that the person seventeen to eighteen years of age agrees to2wear safety goggles before using an ultraviolet radiation device. Such3original written consent shall be retained by the tanning facility for a4period of twelve months and may be retained off premises provided that5an electronic image or facsimile of the original signed consent form is6readily available by the owner or employee responsible for the operation7of the ultraviolet radiation device of such facility.83. A written consent form signed by a parent or legal guardian pursu-9ant to subdivision two of this section shall expire twelve months from10the date it is signed by the parent or legal guardian. Upon the expira-11tion of a written consent form, a new written consent shall be provided12in the manner prescribed in subdivision two of this section prior to the13use of an ultraviolet radiation device by any person seventeen to eigh-14teen years of age.154. No owner, operator, or employee of a tanning facility shall permit16the use of an ultraviolet radiation device by persons sixteen years of17age and under]. 18 3. This section shall be exclusive and shall preempt any contrary 19 local law or ordinance, except that this section shall not preempt or 20 supersede local laws or ordinances imposing additional stricter 21 restrictions on the use and operation of ultraviolet radiation devices 22 at tanning facilities which are in effect prior to the effective date of 23 this section. 24 § 2. This act shall take effect immediately.