Bill Text: NY A09211 | 2009-2010 | General Assembly | Introduced
Bill Title: Restricts the use of tanning facilities by persons under eighteen years of age.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-06 - referred to health [A09211 Detail]
Download: New_York-2009-A09211-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9211
2009-2010 Regular Sessions
I N A S S E M B L Y
October 21, 2009
___________
Introduced by M. of A. ZEBROWSKI, FIELDS -- read once and referred to
the Committee on Health
AN ACT to amend the public health law, in relation to restricting the
use of tanning facilities 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
25 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.
LBD14740-01-9
A. 9211 2
1 the ultraviolet radiation device of such facility indicating that such
2 parent or guardian has read the warnings required under subdivision two
3 of section thirty-five hundred fifty-four of this article and that the
4 person fourteen to eighteen years of age agrees to wear safety goggles
5 before using an ultraviolet radiation device. Such original written
6 consent shall be retained by the tanning facility for a period of twelve
7 months and may be retained off premises provided that an electronic
8 image or facsimile of the original signed consent form is readily avail-
9 able by the owner or employee responsible for the operation of the
10 ultraviolet radiation device of such facility] UNLESS SUCH PERSON IS
11 ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.
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.] THE PARENT OR LEGAL GUARDIAN OF A PERSON UNDER THE
19 AGE OF EIGHTEEN AND SUCH PERSON, MUST SIGN A WRITTEN STATEMENT, IN A
20 FORM PRESCRIBED BY THE COMMISSIONER, ACKNOWLEDGING THAT SUCH PARENT OR
21 LEGAL GUARDIAN AND PERSON HAS READ THE WARNINGS REQUIRED UNDER SUBDIVI-
22 SION TWO OF SECTION THIRTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTICLE AND
23 AGREES TO WEAR SAFETY GOGGLES BEFORE USING AN ULTRAVIOLET RADIATION
24 DEVICE. SUCH SIGNED STATEMENT OF ACKNOWLEDGMENT MAY BE RETAINED BY THE
25 TANNING FACILITY OFF PREMISES PROVIDED THAT AN ELECTRONIC IMAGE OR
26 FACSIMILE OF THE ORIGINAL SIGNED STATEMENT OF ACKNOWLEDGEMENT IS READILY
27 AVAILABLE BY THE OWNER OR EMPLOYEE RESPONSIBLE FOR THE OPERATION OF THE
28 ULTRAVIOLET RADIATION DEVICE OF SUCH FACILITY.
29 4. A PERSON FOURTEEN TO EIGHTEEN YEARS OF AGE MAY BE PERMITTED TO USE
30 AN ULTRAVIOLET RADIATION DEVICE WITHOUT ACCOMPANIMENT BY A PARENT OR
31 LEGAL GUARDIAN IF SUCH PERSON HAS WRITTEN RECOMMENDATION FROM A MEDICAL
32 DOCTOR STATING THE USE OF AN ULTRAVIOLET RADIATION DEVICE IS FOR THE
33 TREATMENT OF MEDICAL CONDITIONS.
34 5. No owner, operator, or employee of a tanning facility shall permit
35 the use of an ultraviolet radiation device by persons under fourteen
36 years of age.
37 [5.] 6. This section shall be exclusive and shall preempt any contrary
38 local law or ordinance, except that this section shall not preempt or
39 supersede local laws or ordinances imposing additional stricter
40 restrictions on the use and operation of ultraviolet radiation devices
41 at tanning facilities which are in effect prior to the effective date of
42 this section.
43 S 2. This act shall take effect on the ninetieth day after it shall
44 have become a law.
