Bill Text: NY S05008 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to restrictions on ultraviolet radiation devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S05008 Detail]

Download: New_York-2015-S05008-Introduced.html

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                           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:
    1    Section 1. Section 3555 of the public health law, as amended by  chap-
    2  ter 105 of the laws of 2012, 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 seventeen to
   21  eighteen years of age until such person provides  the  tanning  facility
   22  with 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.
                                                                  LBD07765-01-5
       S. 5008                             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  seventeen 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.
   11    3.  A written consent form signed by a parent or legal guardian pursu-
   12  ant to subdivision two of this section shall expire twelve  months  from
   13  the  date it is signed by the parent or legal guardian. Upon the expira-
   14  tion of a written consent form, a new written consent shall be  provided
   15  in the manner prescribed in subdivision two of this section prior to the
   16  use  of an ultraviolet radiation device by any person seventeen to eigh-
   17  teen years of age.
   18    4.] No owner, operator, or employee of a tanning facility shall permit
   19  the use of an ultraviolet radiation device by persons  [sixteen]  SEVEN-
   20  TEEN years of age and under.
   21    3.    This  section  shall be exclusive and shall preempt any contrary
   22  local law or ordinance, except that this section shall  not  preempt  or
   23  supersede   local   laws  or  ordinances  imposing  additional  stricter
   24  restrictions on the use and operation of ultraviolet  radiation  devices
   25  at tanning facilities which are in effect prior to the effective date of
   26  this section.
   27    S  2.  This  act shall take effect on the ninetieth day after it shall
   28  have become a law.