NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9058
SPONSOR: Kaminsky TITLE OF BILL: An act to amend the public health law, in relation to
restrictions on the use of ultraviolet radiation devices
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit children under 18 years of age from using an ultra-violet
radiation device.
SUMMARY OF SPECIFIC PROVISIONS:
Section 3555 of the public health law, as amended by Chapter 105 of the
laws of 2012, is amended to prohibit a person under the age of 18 from
using an ultraviolet radiation device.
EXISTING LAW:
Current law prohibits children under 17 years of age from using an
ultraviolet radiation device. This bill would add 17 year olds to those
prohibited.
JUSTIFICATION:
According to the American Cancer Society, skin cancer is the most common
of all cancers. About 3.5 million cases of basal and squamous cell skin
cancer are diagnosed in this country each year. The World Health Organ-
ization has added tanning devices to the same category as tobacco and
asbestos, marking them as "carcinogenic to humans."
Because the harmful effects of UV exposure accumulate over time, indoor
tanning devices pose a greater risk for children and teens by boosting
overall lifetime exposure. This is one of the many reasons New York
currently prohibits indoor tanning for children under the age of 17
(Chapter 105 of 2012).
Recent studies demonstrate that indoor tanning increases significantly
among high school females, from 12.9% usage in 9th graders to 27.2%
usage among 12th graders. Given these statistics, we must ensure that
our older teenagers, as well as our younger teens, are protected from
the harmful effects of indoor tanning devices.
The US Food and Drug Administration is presently undertaking a lengthy
process of reviewing current federal regulations for indoor tanning
devices for the first time since 1985. New York has proven to be proac-
tive in this regard and should, once again, take definitive steps to
prevent this avoidable cancer that takes the lives of so many New York-
ers.
PRIOR LEGISLATIVE HISTORY:
Chapter 205 of 2012 prohibited indoor tanning for children 16 and under.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9058
IN ASSEMBLY
January 20, 2016
___________
Introduced by M. of A. KAMINSKY -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to restrictions on
the use of 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 § 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 under eighteen years of age [until such person provides the tanning
22 facility with the written consent, in a form prescribed by the commis-
23 sioner, of a parent or legal guardian to use such tanning facility. The
24 parent or legal guardian shall sign such consent form in the presence of
25 the owner of the tanning facility or an employee responsible for the
26 operation of the ultraviolet radiation device of such facility indicat-
27 ing that such parent or guardian has read the warnings required under
28 subdivision two of section thirty-five hundred fifty-four of this arti-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13642-01-6
A. 9058 2
1 cle and that the person seventeen to eighteen years of age agrees to
2 wear safety goggles before using an ultraviolet radiation device. Such
3 original written consent shall be retained by the tanning facility for a
4 period of twelve months and may be retained off premises provided that
5 an electronic image or facsimile of the original signed consent form is
6 readily available by the owner or employee responsible for the operation
7 of the ultraviolet radiation device of such facility.
8 3. A written consent form signed by a parent or legal guardian pursu-
9 ant to subdivision two of this section shall expire twelve months from
10 the date it is signed by the parent or legal guardian. Upon the expira-
11 tion of a written consent form, a new written consent shall be provided
12 in the manner prescribed in subdivision two of this section prior to the
13 use of an ultraviolet radiation device by any person seventeen to eigh-
14 teen years of age.
15 4. No owner, operator, or employee of a tanning facility shall permit
16 the use of an ultraviolet radiation device by persons sixteen years of
17 age and under].
18 3. This section shall be exclusive and shall preempt any contrary
19 local law or ordinance, except that this section shall not preempt or
20 supersede local laws or ordinances imposing additional stricter
21 restrictions on the use and operation of ultraviolet radiation devices
22 at tanning facilities which are in effect prior to the effective date of
23 this section.
24 § 2. This act shall take effect immediately.
