S T A T E O F N E W Y O R K ________________________________________________________________________ 2917 2011-2012 Regular Sessions I N S E N A T E 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: 1 Section 1. Section 3555 of the public health law, as added by chapter 2 573 of the laws of 2006, is amended to read as follows: 3 S 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 fourteen to eigh- 21 teen years of age until such person provides the tanning facility with 22 the written consent, in a form prescribed by the commissioner, of a 23 parent or legal guardian to use such tanning facility. The parent or 24 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 1 of the tanning facility or an employee responsible for the operation of 2 the ultraviolet radiation device of such facility indicating that such 3 parent or guardian has read the warnings required under subdivision two 4 of section thirty-five hundred fifty-four of this article and that the 5 person fourteen to eighteen years of age agrees to wear safety goggles 6 before using an ultraviolet radiation device. Such original written 7 consent shall be retained by the tanning facility for a period of twelve 8 months and may be retained off premises provided that an electronic 9 image or facsimile of the original signed consent form is readily avail- 10 able by the owner or employee responsible for the operation of the 11 ultraviolet radiation device of such facility. 12 3. A written consent form signed by a parent or legal guardian pursu- 13 ant to subdivision two of this section shall expire twelve months from 14 the date it is signed by the parent or legal guardian. Upon the expira- 15 tion of a written consent form, a new written consent shall be provided 16 in the manner prescribed in subdivision two of this section prior to the 17 use of an ultraviolet radiation device by any person fourteen to eigh- 18 teen years of age. 19 4.] No owner, operator, or employee of a tanning facility shall permit 20 the use of an ultraviolet radiation device by persons under [fourteen] 21 EIGHTEEN years of age. 22 [5.] 3. This section shall be exclusive and shall preempt any contrary 23 local law or ordinance, except that this section shall not preempt or 24 supersede local laws or ordinances imposing additional stricter 25 restrictions on the use and operation of ultraviolet radiation devices 26 at tanning facilities which are in effect prior to the effective date of 27 this section. 28 S 2. This act shall take effect on the thirtieth day after it shall 29 have become a law.