A1984C-2011 Actions

• Jun 6, 2012: reported referred to rules
• May 3, 2012: print number 1984c
• May 3, 2012: amend (t) and recommit to ways and means
• May 1, 2012: reported referred to ways and means
• Apr 18, 2012: reported referred to codes
• Apr 13, 2012: print number 1984b
• Apr 13, 2012: amend (t) and recommit to consumer affairs and protection
• Jan 4, 2012: referred to consumer affairs and protection
• Apr 5, 2011: print number 1984a
• Apr 5, 2011: amend (t) and recommit to consumer affairs and protection
• Jan 12, 2011: referred to consumer affairs and protection

A1984C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1984--C
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 12, 2011
 
 Introduced  by M. of A. ROSENTHAL, MILLMAN, ARROYO, CYMBROWITZ, LANCMAN,
 McDONOUGH -- Multi-Sponsored by -- M. of A. JEFFRIES -- read once  and
 referred  to  the  Committee  on  Consumer  Affairs  and Protection -
 committee discharged, bill amended, ordered reprinted as  amended  and
 recommitted  to  said  committee  --  recommitted  to the Committee on
 Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
 sec.  2  --  committee  discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee -- reported and referred  to
 the  Committee  on  Codes -- reported and referred to the Committee on
 Ways  and  Means  --  committee  discharged,  bill  amended,   ordered
 reprinted as amended and recommitted to said committee
 AN  ACT  to amend the general business law and the public health law, in
 relation to requiring the department of health to review the safety of
 ultraviolet nail dryers and authorizing the department  of  health  to
 promulgate any regulations deemed appropriate for governing the use of
 such devices by any appearance enhancement business
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The general business law is amended by adding a new section
 404-c to read as follows:

 

S 404-C.  ULTRAVIOLET NAIL DRYING DEVICES. 1. "ULTRAVIOLET NAIL DRYING
 DEVICE" SHALL MEAN ANY EQUIPMENT WHICH IS DESIGNED TO  EMIT  ELECTROMAG
 NETIC  RADIATION  IN  THE  WAVELENGTH  INTERVAL  OF  TWO HUNDRED TO FOUR
 HUNDRED NANOMETERS IN AIR, AND WHICH IS INTENDED TO INDUCE  NAIL  CURING
 OR HARDENING THROUGH IRRADIATION.
 2.  IF  THE  COMMISSIONER  OF HEALTH MAKES A DETERMINATION PURSUANT TO
 SECTION THIRTY-FIVE HUNDRED FIFTY-SIX OF  THE  PUBLIC  HEALTH  LAW  THAT
 ULTRAVIOLET  NAIL  DRYING  DEVICES  POSE  A  HEALTH HAZARD TO USERS, ANY
 APPEARANCE ENHANCEMENT BUSINESS SHALL PROMINENTLY POST THE NOTICE DEVEL
 OPED BY THE COMMISSIONER OF HEALTH REGARDING SUCH HEALTH  HAZARD  IN  AN
 AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE PLACE
 WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO THIS ARTICLE IS
 CONDUCTED.  THE  DEPARTMENT  OF  HEALTH SHALL PREPARE AND MAKE SUCH SIGN
 AVAILABLE TO EACH LICENSEE.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04837-07-2
 
       A. 1984--C                          2
 3. IF THE COMMISSIONER OF HEALTH MAKES  A  DETERMINATION  PURSUANT  TO
 SECTION  THIRTY-FIVE  HUNDRED  FIFTY-SIX  OF  THE PUBLIC HEALTH LAW THAT
 ULTRAVIOLET NAIL DRYING DEVICES POSE  A  HEALTH  HAZARD  TO  USERS,  ANY
 APPEARANCE  ENHANCEMENT BUSINESS THAT UTILIZES SUCH DEVICES SHALL COMPLY
 WITH  ANY AND ALL REGULATIONS ADOPTED BY THE DEPARTMENT OF HEALTH PURSU
 ANT TO SUCH SECTION.
 

S 2.

Section 3550 of the public health law, as added by chapter 378 of
 the laws of 1990, is amended to read as follows:

 

S 3550. Definitions. When used in this article,  the  following  words
 and phrases shall have the meanings ascribed to them in this section:

 1.  "Tanning  facility" shall mean any establishment where one or more
 ultraviolet radiation device is used, offered, or made available for use
 by any human being, for which a fee is charged, directly or  indirectly,
 but  shall  not  include any facility where any such device is used by a
 qualified health care professional for treatment of medical conditions.
 2. "Ultraviolet radiation device" shall mean any  equipment  which  is
 designed to emit electromagnetic radiation in the wavelength interval of
 two  hundred to four hundred nanometers in air, and which is intended to
 induce tanning of the human skin through irradiation, including, but not
 limited to, a sunlamp, tanning booth, or tanning bed.
 3. "ULTRAVIOLET NAIL DRYING DEVICE" SHALL MEAN ANY EQUIPMENT WHICH  IS
 DESIGNED TO EMIT ELECTROMAGNETIC RADIATION IN THE WAVELENGTH INTERVAL OF
 TWO  HUNDRED TO FOUR HUNDRED NANOMETERS IN AIR, AND WHICH IS INTENDED TO
 INDUCE NAIL CURING OR HARDENING THROUGH IRRADIATION.
 4. "Person" shall mean an individual, corporation, partnership,  joint
 venture, or any business entity.
 

S  3. The public health law is amended by adding a new section 3556 to
 read as follows:

 

S 3556. ULTRAVIOLET NAIL DRYING DEVICES.  THE DEPARTMENT SHALL  REVIEW
 THE  EXISTING  MEDICAL AND SCIENTIFIC LITERATURE, PUBLISHED REPORTS, AND
 ARTICLES REGARDING THE POTENTIAL HEALTH HAZARDS ASSOCIATED WITH THE  USE
 OF  ULTRAVIOLET NAIL DRYING DEVICES AND IDENTIFY ANY HEALTH HAZARDS.  AS
 PART OF SUCH REVIEW, THE DEPARTMENT SHALL CONSULT WITH  EXPERTS  IN  THE
 FIELDS OF SKIN CANCER RESEARCH AND HUMAN EXPOSURE TO ARTIFICIAL ULTRAVI
 OLET  RADIATION.  THE  DEPARTMENT  SHALL ALSO REVIEW THE FEASIBILITY AND
 EFFECTIVENESS OF REQUIRING APPEARANCE ENHANCEMENT BUSINESSES  TO  ADVISE
 USERS OF ULTRAVIOLET NAIL DRYING DEVICES TO APPLY A SUNSCREEN OR A SIMI
 LAR  SUBSTANCE  DESIGNED TO BLOCK ULTRAVIOLET RADIATION TO THE HANDS AND
 WRISTS PRIOR TO USING SUCH DEVICE.   UPON  COMPLETION  OF  SUCH  REVIEW,
 BASED ON THE FINDINGS OF THE DEPARTMENT, THE COMMISSIONER MAY PROMULGATE
 ANY  REGULATIONS DEEMED APPROPRIATE FOR GOVERNING THE USE OF ULTRAVIOLET
 NAIL DRYING DEVICES BY ANY APPEARANCE ENHANCEMENT BUSINESS, REQUIRED  TO
 BE  LICENSED BY THE DEPARTMENT OF STATE PURSUANT TO ARTICLE TWENTY-SEVEN
 OF THE GENERAL BUSINESS LAW.  IF  PROMULGATED,  SUCH  REGULATIONS  SHALL
 INCLUDE  A  REQUIREMENT  THAT ANY APPEARANCE ENHANCEMENT BUSINESS POST A
 NOTICE REGARDING ANY HEALTH HAZARDS ASSOCIATED WITH THE USE OF  ULTRAVI
 OLET  NAIL  DRYERS AND ANY STEPS USERS MAY TAKE TO MITIGATE SUCH HAZARDS
 IN AN AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE
 PLACE WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT  TO  ARTICLE
 TWENTY-SEVEN OF THE GENERAL BUSINESS LAW IS CONDUCTED.
 

S 4. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law; provided that the commissioner of health is
 authorized to, on or before such date, promulgate any and all rules  and
 regulations  and take any other measures necessary to implement this act
 on its effective date.

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