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.