NY State Senate Bill 2015-S5008

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Apr 28, 2015	referred to health

2015-S5008 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3555, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S57

2015-S5008 (ACTIVE) - Summary

Relates to restrictions on ultraviolet radiation devices.

2015-S5008 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5008

TITLE OF BILL:  An act to amend the public health law, in relation to
restrictions on ultraviolet radiation devices

PURPOSE:

This legislation would prohibit the use of tanning facilities by
people under the age of eighteen.

SUMMARY OF PROVISIONS:

Section 1 amends Section 3555 of the public health law to require that
no owner, operator, or employee of a tanning facility shall permit the
use of a tanning facility to any person unless they have shown a valid
ID indicating that they are at least eighteen years old, have signed a
written statement acknowledging that they have been made aware of the
danger of using tanning facilities, and have agreed to wear safety
goggles.

It also removes provisions allowing persons between seventeen and
eighteen years of age to use tanning facilities with permission of a
parent or legal guardian, and replaces them with a requirement that no
owner, operator, or employee of a tanning facility shall permit the
use of an ultraviolet radiation device by persons seventeen years of
age and under.

It also establishes that this law shall preempt any contrary local law
or ordinance, except when a local law or ordinance imposes additional
stricter restrictions on the use and operation of ultraviolet tanning
devices.

Section 2 establishes that this act shall take effect on the ninetieth
day after it shall have become a law.

JUSTIFICATION:

The use of ultraviolet tanning beds has proven time and time again to
be extraordinarily detrimental to the long-term health of users,
especially to those under the age of 18. The International Agency for
Research on Cancer (IARC), a panel of experts convened by the World
Health Organization, has found that the risk of developing melanoma of
the skin increases by 75 percent when tanning bed use starts before
the age of 35. According to the FDA, tanning can also cause premature
aging, immune suppression, irreversible eye damage, and allergic
reactions (including rashes).

The FDA is concerned about the use of tanning beds by children and
teenagers, as they are particularly susceptible to the effects of
intense ultraviolet radiation. In a 2009 study, the FDA found that
less than 11 percent of tanning facilities followed the FDA's
recommended exposure schedule of three or fewer sessions the first
week. About 71 percent said they would allow a teen to tan all seven
days the first week, and many promoted frequent tanning with
"unlimited tanning" discount price packages. This demonstrates a
flagrant disregard for the safety and well-being of teens, who are in
need of the most protection from harmful UV rays.


A recent New York Times article on this issue also noted that the
incidence rate of melanoma in women under 40 has risen by a third
since 1990. However, encouragingly, due to widespread implementation
of restrictions on tanning by minors, the number of teen girls who use
tanning salons has fallen from around 25 percent in 2009 to around 20
percent in 2013. This is particularly good news considering the fact
that in 2011, the Times reported that frequent tanning causes changes
in brain activity that mimic drug addiction, which provides an example
of how habit-forming tanning can become for young teens.

There is a clear consensus among major health and skin care
organizations that there is a conclusive link between exposure to
intense ultraviolet radiation and melanoma. In the face of such
overwhelming scientific evidence of the dangers of tanning, action
should be taken to limit the exposure of teens to this addictive,
harmful, short-sighted practice. This legislation would help to drive
down the incidences of skin cancer in the State of New York and would
discourage teens from beginning to tan in the first place.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

2015-S5008 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5008

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 28, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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  restrictions  on
  ultraviolet radiation devices

  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 amended by  chap-
ter 105 of the laws of 2012, 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 seventeen to
eighteen 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07765-01-5

S. 5008                             2

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  seventeen 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 seventeen 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  [sixteen]  SEVEN-
TEEN years of age and under.
  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 ninetieth day after it shall
have become a law.

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Senate Bill S5008

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2015-S5008 (ACTIVE) - Details

2015-S5008 (ACTIVE) - Summary

2015-S5008 (ACTIVE) - Sponsor Memo

2015-S5008 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5008

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Health Committee

2015-S5008 (ACTIVE) - Details

2015-S5008 (ACTIVE) - Summary

2015-S5008 (ACTIVE) - Sponsor Memo

2015-S5008 (ACTIVE) - Bill Text download pdf

Comments