Bill S2043-2013

Relates to ultraviolet nail dryers

Relates to requiring the department of health to review the safety of ultraviolet nail dryers and authorizes the department of health to promulgate any regulations deemed appropriate for governing the use of such devices by any appearance enhancement business.

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  • Jan 8, 2014: REFERRED TO CONSUMER PROTECTION
  • Jan 9, 2013: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S2043

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to increase consumer safety by requiring the Department of Health to review the existing medical and scientific literature, published reports, and articles regarding the potential health hazards associated with the use of ultraviolet nail drying devices, identify any health hazards, and promulgate any necessary regulations based on such findings.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The general business law is amended by adding a new section 404-c. sections 2 and 3. The public health law is amended by adding a new subdivision 3 to section 3550 and adding a new section 3556.

JUSTIFICATION: A recent Archives of Dermatology article implicated UV lamps as a contributing factor in the cases of two women without family histories of skin cancer who developed the disease on their hands, stemming from steady use of the lamps at nail salons. According to a prominent Mayo Clinic-trained dermatologist, "these lights are considered as dangerous as tanning beds."

While tanning beds and tanning parlors have long carried warnings that detail the increased risk of skin cancer and other conditions that result from their use, UV lamps used in nail salons are not subject to this requirement. These lights are increasingly being used by consumers in conjunction with specialty gel nail polish, which is applied like regular nail polish to fingernails (and toenails). While online advertisements tout that these manicures last longer, many users are unaware that exposure to UV light may increase their risk of developing skin cancer.

PRIOR LEGISLATIVE HISTORY: 2012: S.7578/A.1984-C Referred to Consumer Protection

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect in 120 days.


Text

STATE OF NEW YORK ________________________________________________________________________ 2043 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection 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: Section 1. The general business law is amended by adding a new section 404-c to read as follows: S 404-C. ULTRAVIOLET NAIL DRYING DEVICES. 1. "ULTRAVIOLET NAIL DRYING DEVICE" SHALL MEAN ANY EQUIPMENT WHICH IS DESIGNED TO EMIT ELECTROMAG- NETIC RADIATION IN THE WAVELENGTH INTERVAL OF TWO HUNDRED TO FOUR HUNDRED NANOMETERS IN AIR, AND WHICH IS INTENDED TO INDUCE NAIL CURING OR HARDENING THROUGH IRRADIATION. 2. IF THE COMMISSIONER OF HEALTH MAKES A DETERMINATION PURSUANT TO SECTION THIRTY-FIVE HUNDRED FIFTY-SIX OF THE PUBLIC HEALTH LAW THAT ULTRAVIOLET NAIL DRYING DEVICES POSE A HEALTH HAZARD TO USERS, ANY APPEARANCE ENHANCEMENT BUSINESS SHALL PROMINENTLY POST THE NOTICE DEVEL- OPED BY THE COMMISSIONER OF HEALTH REGARDING SUCH HEALTH HAZARD IN AN AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE PLACE WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO THIS ARTICLE IS CONDUCTED. THE DEPARTMENT OF HEALTH SHALL PREPARE AND MAKE SUCH SIGN AVAILABLE TO EACH LICENSEE. 3. IF THE COMMISSIONER OF HEALTH MAKES A DETERMINATION PURSUANT TO SECTION THIRTY-FIVE HUNDRED FIFTY-SIX OF THE PUBLIC HEALTH LAW THAT ULTRAVIOLET NAIL DRYING DEVICES POSE A HEALTH HAZARD TO USERS, ANY APPEARANCE ENHANCEMENT BUSINESS THAT UTILIZES SUCH DEVICES SHALL COMPLY
WITH ANY AND ALL REGULATIONS ADOPTED BY THE DEPARTMENT OF HEALTH PURSU- ANT TO SUCH SECTION. S 2. Section 3550 of the public health law, as added by chapter 378 of the laws of 1990, is amended to read as follows: S 3550. Definitions. When used in this article, the following words and phrases shall have the meanings ascribed to them in this section: 1. "Tanning facility" shall mean any establishment where one or more ultraviolet radiation device is used, offered, or made available for use by any human being, for which a fee is charged, directly or indirectly, but shall not include any facility where any such device is used by a qualified health care professional for treatment of medical conditions. 2. "Ultraviolet radiation device" shall mean any equipment which is designed to emit electromagnetic radiation in the wavelength interval of two hundred to four hundred nanometers in air, and which is intended to induce tanning of the human skin through irradiation, including, but not limited to, a sunlamp, tanning booth, or tanning bed. 3. "ULTRAVIOLET NAIL DRYING DEVICE" SHALL MEAN ANY EQUIPMENT WHICH IS DESIGNED TO EMIT ELECTROMAGNETIC RADIATION IN THE WAVELENGTH INTERVAL OF TWO HUNDRED TO FOUR HUNDRED NANOMETERS IN AIR, AND WHICH IS INTENDED TO INDUCE NAIL CURING OR HARDENING THROUGH IRRADIATION. 4. "Person" shall mean an individual, corporation, partnership, joint venture, or any business entity. S 3. The public health law is amended by adding a new section 3556 to read as follows: S 3556. ULTRAVIOLET NAIL DRYING DEVICES. THE DEPARTMENT SHALL REVIEW THE EXISTING MEDICAL AND SCIENTIFIC LITERATURE, PUBLISHED REPORTS, AND ARTICLES REGARDING THE POTENTIAL HEALTH HAZARDS ASSOCIATED WITH THE USE OF ULTRAVIOLET NAIL DRYING DEVICES AND IDENTIFY ANY HEALTH HAZARDS. AS PART OF SUCH REVIEW, THE DEPARTMENT SHALL CONSULT WITH EXPERTS IN THE FIELDS OF SKIN CANCER RESEARCH AND HUMAN EXPOSURE TO ARTIFICIAL ULTRAVI- OLET RADIATION. THE DEPARTMENT SHALL ALSO REVIEW THE FEASIBILITY AND EFFECTIVENESS OF REQUIRING APPEARANCE ENHANCEMENT BUSINESSES TO ADVISE USERS OF ULTRAVIOLET NAIL DRYING DEVICES TO APPLY A SUNSCREEN OR A SIMI- LAR SUBSTANCE DESIGNED TO BLOCK ULTRAVIOLET RADIATION TO THE HANDS AND WRISTS PRIOR TO USING SUCH DEVICE. UPON COMPLETION OF SUCH REVIEW, BASED ON THE FINDINGS OF THE DEPARTMENT, THE COMMISSIONER MAY PROMULGATE ANY REGULATIONS DEEMED APPROPRIATE FOR GOVERNING THE USE OF ULTRAVIOLET NAIL DRYING DEVICES BY ANY APPEARANCE ENHANCEMENT BUSINESS, REQUIRED TO BE LICENSED BY THE DEPARTMENT OF STATE PURSUANT TO ARTICLE TWENTY-SEVEN OF THE GENERAL BUSINESS LAW. IF PROMULGATED, SUCH REGULATIONS SHALL INCLUDE A REQUIREMENT THAT ANY APPEARANCE ENHANCEMENT BUSINESS POST A NOTICE REGARDING ANY HEALTH HAZARDS ASSOCIATED WITH THE USE OF ULTRAVI- OLET NAIL DRYERS AND ANY STEPS USERS MAY TAKE TO MITIGATE SUCH HAZARDS IN AN AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE PLACE WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO ARTICLE TWENTY-SEVEN OF THE GENERAL BUSINESS LAW IS CONDUCTED. S 4. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the commissioner of health is authorized to, on or before such date, promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date.

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