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.