S T A T E O F N E W Y O R K
________________________________________________________________________
1984--C
2011-2012 Regular Sessions
I N A S S E M B L Y
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:
1 Section 1. The general business law is amended by adding a new section
2 404-c to read as follows:
3 S 404-C. ULTRAVIOLET NAIL DRYING DEVICES. 1. "ULTRAVIOLET NAIL DRYING
4 DEVICE" SHALL MEAN ANY EQUIPMENT WHICH IS DESIGNED TO EMIT ELECTROMAG-
5 NETIC RADIATION IN THE WAVELENGTH INTERVAL OF TWO HUNDRED TO FOUR
6 HUNDRED NANOMETERS IN AIR, AND WHICH IS INTENDED TO INDUCE NAIL CURING
7 OR HARDENING THROUGH IRRADIATION.
8 2. IF THE COMMISSIONER OF HEALTH MAKES A DETERMINATION PURSUANT TO
9 SECTION THIRTY-FIVE HUNDRED FIFTY-SIX OF THE PUBLIC HEALTH LAW THAT
10 ULTRAVIOLET NAIL DRYING DEVICES POSE A HEALTH HAZARD TO USERS, ANY
11 APPEARANCE ENHANCEMENT BUSINESS SHALL PROMINENTLY POST THE NOTICE DEVEL-
12 OPED BY THE COMMISSIONER OF HEALTH REGARDING SUCH HEALTH HAZARD IN AN
13 AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE PLACE
14 WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO THIS ARTICLE IS
15 CONDUCTED. THE DEPARTMENT OF HEALTH SHALL PREPARE AND MAKE SUCH SIGN
16 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
1 3. IF THE COMMISSIONER OF HEALTH MAKES A DETERMINATION PURSUANT TO
2 SECTION THIRTY-FIVE HUNDRED FIFTY-SIX OF THE PUBLIC HEALTH LAW THAT
3 ULTRAVIOLET NAIL DRYING DEVICES POSE A HEALTH HAZARD TO USERS, ANY
4 APPEARANCE ENHANCEMENT BUSINESS THAT UTILIZES SUCH DEVICES SHALL COMPLY
5 WITH ANY AND ALL REGULATIONS ADOPTED BY THE DEPARTMENT OF HEALTH PURSU-
6 ANT TO SUCH SECTION.
7 S 2. Section 3550 of the public health law, as added by chapter 378 of
8 the laws of 1990, is amended to read as follows:
9 S 3550. Definitions. When used in this article, the following words
10 and phrases shall have the meanings ascribed to them in this section:
11 1. "Tanning facility" shall mean any establishment where one or more
12 ultraviolet radiation device is used, offered, or made available for use
13 by any human being, for which a fee is charged, directly or indirectly,
14 but shall not include any facility where any such device is used by a
15 qualified health care professional for treatment of medical conditions.
16 2. "Ultraviolet radiation device" shall mean any equipment which is
17 designed to emit electromagnetic radiation in the wavelength interval of
18 two hundred to four hundred nanometers in air, and which is intended to
19 induce tanning of the human skin through irradiation, including, but not
20 limited to, a sunlamp, tanning booth, or tanning bed.
21 3. "ULTRAVIOLET NAIL DRYING DEVICE" SHALL MEAN ANY EQUIPMENT WHICH IS
22 DESIGNED TO EMIT ELECTROMAGNETIC RADIATION IN THE WAVELENGTH INTERVAL OF
23 TWO HUNDRED TO FOUR HUNDRED NANOMETERS IN AIR, AND WHICH IS INTENDED TO
24 INDUCE NAIL CURING OR HARDENING THROUGH IRRADIATION.
25 4. "Person" shall mean an individual, corporation, partnership, joint
26 venture, or any business entity.
27 S 3. The public health law is amended by adding a new section 3556 to
28 read as follows:
29 S 3556. ULTRAVIOLET NAIL DRYING DEVICES. THE DEPARTMENT SHALL REVIEW
30 THE EXISTING MEDICAL AND SCIENTIFIC LITERATURE, PUBLISHED REPORTS, AND
31 ARTICLES REGARDING THE POTENTIAL HEALTH HAZARDS ASSOCIATED WITH THE USE
32 OF ULTRAVIOLET NAIL DRYING DEVICES AND IDENTIFY ANY HEALTH HAZARDS. AS
33 PART OF SUCH REVIEW, THE DEPARTMENT SHALL CONSULT WITH EXPERTS IN THE
34 FIELDS OF SKIN CANCER RESEARCH AND HUMAN EXPOSURE TO ARTIFICIAL ULTRAVI-
35 OLET RADIATION. THE DEPARTMENT SHALL ALSO REVIEW THE FEASIBILITY AND
36 EFFECTIVENESS OF REQUIRING APPEARANCE ENHANCEMENT BUSINESSES TO ADVISE
37 USERS OF ULTRAVIOLET NAIL DRYING DEVICES TO APPLY A SUNSCREEN OR A SIMI-
38 LAR SUBSTANCE DESIGNED TO BLOCK ULTRAVIOLET RADIATION TO THE HANDS AND
39 WRISTS PRIOR TO USING SUCH DEVICE. UPON COMPLETION OF SUCH REVIEW,
40 BASED ON THE FINDINGS OF THE DEPARTMENT, THE COMMISSIONER MAY PROMULGATE
41 ANY REGULATIONS DEEMED APPROPRIATE FOR GOVERNING THE USE OF ULTRAVIOLET
42 NAIL DRYING DEVICES BY ANY APPEARANCE ENHANCEMENT BUSINESS, REQUIRED TO
43 BE LICENSED BY THE DEPARTMENT OF STATE PURSUANT TO ARTICLE TWENTY-SEVEN
44 OF THE GENERAL BUSINESS LAW. IF PROMULGATED, SUCH REGULATIONS SHALL
45 INCLUDE A REQUIREMENT THAT ANY APPEARANCE ENHANCEMENT BUSINESS POST A
46 NOTICE REGARDING ANY HEALTH HAZARDS ASSOCIATED WITH THE USE OF ULTRAVI-
47 OLET NAIL DRYERS AND ANY STEPS USERS MAY TAKE TO MITIGATE SUCH HAZARDS
48 IN AN AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE
49 PLACE WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO ARTICLE
50 TWENTY-SEVEN OF THE GENERAL BUSINESS LAW IS CONDUCTED.
51 S 4. This act shall take effect on the one hundred twentieth day after
52 it shall have become a law; provided that the commissioner of health is
53 authorized to, on or before such date, promulgate any and all rules and
54 regulations and take any other measures necessary to implement this act
55 on its effective date.