Bill S3461A-2009

Provides that a tanning facility shall not permit the use of an ultraviolet radiation device by persons under eighteen years of age

Provides that a tanning facility shall not permit the use of an ultraviolet radiation device by persons under eighteen years of age.

Details

Actions

  • May 25, 2010: REPORTED AND COMMITTED TO CODES
  • May 20, 2010: PRINT NUMBER 3461A
  • May 20, 2010: AMEND AND RECOMMIT TO HEALTH
  • Jan 6, 2010: REFERRED TO HEALTH
  • Mar 19, 2009: REFERRED TO HEALTH

Votes

VOTE: COMMITTEE VOTE: - Health - May 25, 2010
Ayes (13): Duane, Montgomery, Kruger, Sampson, Klein, Valesky, Stewart-Cousins, Thompson, Hannon, Farley, Larkin, Fuschillo, Young
Ayes W/R (3): Johnson C, Little, Saland
Nays (1): Winner

Memo

 BILL NUMBER:  S3461A

TITLE OF BILL : An act to amend the public health law, in relation to the use of ultraviolet radiation devices by persons under eighteen years of age

PURPOSE : To prohibit children under eighteen years of age from using an ultraviolet radiation device

SUMMARY OF PROVISIONS : This bill amends Subdivision 4 of section 3555 of the public health law, as added by chapter 573 of the laws of 2006, to prohibit a person under the age of eighteen from using an ultraviolet radiation device.

EXISTING LAW : Current law prohibits children under fourteen years of age from using an ultraviolet radiation device and requires those between the ages of fourteen and eighteen to receive parental consent before using such devices.

JUSTIFICATION : Ultraviolet tanning is a popular and common aesthetic practice. However, the Federal Trade Commission's FTC's Facts for Consumers: Indoor Tanning, clearly states that tanning indoors can be damaging to your skin. We prohibit those under eighteen from smoking and using alcohol, both of which can be detrimental to our health. why should tanning indoors be any different? Recent studies have also shown tanning addictive and prohibiting those under eighteen years of age from doing it could help prohibit a future addiction. The current law prohibits those under the age of fourteen from using a tanning bed, this law would simply extend that to include those between the ages of fourteen and eighteen.

LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : 30 days after it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 3461--A 2009-2010 Regular Sessions IN SENATE March 19, 2009 ___________
Introduced by Sens. C. JOHNSON, FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Section 3555 of the public health law, as added by chapter 573 of the laws of 2006, is amended to read as follows: S 3555. Restrictions on the use of ultraviolet radiation devices. 1. No owner, operator, or employee of a tanning facility shall permit the use of the tanning facility by a person eighteen years of age or older until such person provides a driver's license or other photographic identification card issued by a government entity or educational insti- tution indicating that the individual is at least eighteen years of age and the facility has on file a signed written statement, in a form prescribed by the commissioner, acknowledging that such person has read the warnings required under subdivision two of section thirty-five hundred fifty-four of this article and agrees to wear safety goggles before using an ultraviolet radiation device. Such signed statement of acknowledgment may be retained by the tanning facility off premises provided that an electronic image or facsimile of the original signed statement of acknowledgment is readily available by the owner or employ- ee responsible for the operation of the ultraviolet radiation device of such facility. 2. [No owner, operator, or employee of a tanning facility shall permit the use of an ultraviolet radiation device by a person fourteen to eigh- teen years of age until such person provides the tanning facility with the written consent, in a form prescribed by the commissioner, of a
parent or legal guardian to use such tanning facility. The parent or legal guardian shall sign such consent form in the presence of the owner of the tanning facility or an employee responsible for the operation of the ultraviolet radiation device of such facility indicating that such parent or guardian has read the warnings required under subdivision two of section thirty-five hundred fifty-four of this article and that the person fourteen to eighteen years of age agrees to wear safety goggles before using an ultraviolet radiation device. Such original written consent shall be retained by the tanning facility for a period of twelve months and may be retained off premises provided that an electronic image or facsimile of the original signed consent form is readily avail- able by the owner or employee responsible for the operation of the ultraviolet radiation device of such facility. 3. A written consent form signed by a parent or legal guardian pursu- ant to subdivision two of this section shall expire twelve months from the date it is signed by the parent or legal guardian. Upon the expira- tion of a written consent form, a new written consent shall be provided in the manner prescribed in subdivision two of this section prior to the use of an ultraviolet radiation device by any person fourteen to eigh- teen years of age. 4.]
No owner, operator, or employee of a tanning facility shall permit the use of an ultraviolet radiation device by persons under [fourteen] EIGHTEEN years of age. [5.] 3. This section shall be exclusive and shall preempt any contrary local law or ordinance, except that this section shall not preempt or supersede local laws or ordinances imposing additional stricter restrictions on the use and operation of ultraviolet radiation devices at tanning facilities which are in effect prior to the effective date of this section. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus