S2917-2011 - NY Senate Open Legislation - Provides that a tanning facility shall not permit the use of an ultraviolet radiation device by persons under eighteen years of age

Provides that a tanning facility shall not permit the use of an ultraviolet radiation device by persons under eighteen years of age.

Sponsor: FUSCHILLO / Co-sponsor(s): ADAMS, BONACIC, GOLDEN, HANNON, HASSELL-THOMPSON, JOHNSON, KRUEGER, LARKIN, LAVALLE, LIBOUS, MARTINS, OPPENHEIMER, PARKER, PERKINS, RITCHIE, VALESKY
Law Section: Public Health Law / Law: Amd S3555, Pub Health L

S2917-2011 Actions

Feb 7, 2012: ADVANCED TO THIRD READING
Feb 6, 2012: 2ND REPORT CAL.
Jan 31, 2012: 1ST REPORT CAL.162
Jan 4, 2012: REFERRED TO HEALTH
Jun 24, 2011: COMMITTED TO RULES
Feb 28, 2011: ADVANCED TO THIRD READING
Feb 15, 2011: 2ND REPORT CAL.
Feb 14, 2011: 1ST REPORT CAL.85
Feb 3, 2011: REFERRED TO HEALTH

S2917-2011 Meetings

Health: Jan 31, 2012, Health: Feb 14, 2011

S2917-2011 Calendars

S2917-2011 Votes

VOTE: COMMITTEE VOTE: - Health - Feb 14, 2011

Ayes (14): Hannon, Ball, Farley, Fuschillo, Larkin, McDonald, Seward, Young, Adams, Gianaris, Montgomery, Rivera, Smith, Stewart-Cousins
Ayes W/R (2): Golden, Kruger
Excused (1): Duane

VOTE: COMMITTEE VOTE: - Health - Jan 31, 2012

Ayes (14): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Young, Adams, Gianaris, Montgomery, Rivera, Smith, Stewart-Cousins
Ayes W/R (3): Seward, Duane, Peralta

S2917-2011 Memo

BILL NUMBER:S2917            REVISED 05/11/12

TITLE OF BILL:
An act
to amend the public health law, in relation to the use of ultraviolet
radiation devices by persons under eighteen years of age

PURPOSE:
To prohibit children under eighteen years of age from using
an ultraviolet radiation device.

SUMMARY OF PROVISIONS:
This bill amends Subdivision 4 of section 3555
of the public health law, as added by chapter 573 of the laws of 2006,
to prohibit a person under the age of eighteen from using an
ultraviolet radiation device.

JUSTIFICATION:
According to the World Health Organization's International Agency for
Research on Cancer (IARC), UV -emitting indoor tanning devices are
classified as Group 1 or "carcinogenic to humans," posing the highest
level of cancer risk alongside asbestos, tobacco, and uranium.

Skin cancer is the most common form of cancer in the United States.
According to the American Cancer Society, the number of melanomas
diagnosed in the U.S has doubled since 1973, and more than one
million cases of non-melanoma cell cancers were expected in 2009.
Studies have shown that the risk of melanoma for users of tanning beds
before the age of 30 is increased by 75 percent and because the
harmful effects of UV exposure accumulate over time, indoor tanning
devices pose a greater risk for children and teens by boosting
overall lifetime exposure.

Current law does not adequately protect the youth from the potentially
deadly health risk associated with indoor tanning. In order to
provide effective enforcement, this bill seeks to prohibit the use of
indoor tanning devices by anyone under the age of eighteen.

LEGISLATIVE HISTORY:
2010: A.9110A - Referred to Rules S.3461A - Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Thirty days after it shall have become a law.

S2917-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          2917
 2011-2012 Regular Sessions
 I N  SENATE
 February 3, 2011
 
 Introduced  by  Sens.  FUSCHILLO,  JOHNSON,  KRUEGER  --  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 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:

 

Section  1.

Section 3555 of the public health law, as added by chapter
 573 of the laws of 2006, is amended to read as follows:

 

S 3555. Restrictions on the use of ultraviolet radiation  devices.  1.
 No  owner,  operator, or employee of a tanning facility shall permit the
 use of the tanning facility by a person eighteen years of age  or  older
 until  such  person  provides  a  driver's license or other photographic
 identification card issued by a government entity or educational  insti
 tution  indicating that the individual is at least eighteen years of age
 and the facility has on file a  signed  written  statement,  in  a  form
 prescribed  by the commissioner, acknowledging that such person has read
 the warnings required  under  subdivision  two  of  section  thirty-five
 hundred  fifty-four  of  this  article and agrees to wear safety goggles
 before using an ultraviolet radiation device. Such signed  statement  of
 acknowledgment  may  be  retained  by  the tanning facility off premises
 provided that an electronic image or facsimile of  the  original  signed
 statement of acknowledgment is readily available by the owner or employ
 ee  responsible for the operation of the ultraviolet radiation device of
 such facility.
 2. [No owner, operator, or employee of a tanning facility shall permit
 the use of an ultraviolet radiation device by a person fourteen to eigh-
 teen years of age until such person provides the tanning  facility  with
 the  written  consent,  in  a  form prescribed by the commissioner, of a
 parent or legal guardian to use such tanning  facility.  The  parent  or
 legal guardian shall sign such consent form in the presence of the owner
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04206-01-1
        S. 2917                             2
 of  the tanning facility or an employee responsible for the operation of
 the ultraviolet radiation device of such facility indicating  that  such
 parent  or guardian has read the warnings required under subdivision two
 of  section  thirty-five hundred fifty-four of this article and that the
 person fourteen to eighteen years of age agrees to wear  safety  goggles
 before  using  an  ultraviolet  radiation  device. Such original written
 consent shall be retained by the tanning facility 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 avail-
 able  by  the  owner  or  employee  responsible for the operation of the
 ultraviolet radiation device of such facility.
 3. A written consent form signed by a parent or legal guardian  pursu-
 ant  to  subdivision two of this section shall expire twelve months from
 the date it is signed by the parent or legal guardian. Upon the  expira-
 tion  of a written consent form, a new written consent shall be provided
 in the manner prescribed in subdivision two of this section prior to the
 use of an ultraviolet radiation device by any person fourteen  to  eigh-
 teen years of age.
 4.] No owner, operator, or employee of a tanning facility shall permit
 the  use  of an ultraviolet radiation device by persons under [fourteen]
 EIGHTEEN years of age.
 [5.] 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 use and operation of ultraviolet  radiation  devices
 at tanning facilities which are in effect prior to the effective date of
 this section.
 

S  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

S2917-2011: Provides that a tanning facility shall not permit the use of an ultraviolet radiation device by persons under eighteen years of age