STATE OF NEW YORK
________________________________________________________________________
6793
2011-2012 Regular Sessions
IN ASSEMBLY
March 31, 2011
___________
Introduced by M. of A. ZEBROWSKI, CASTRO, COOK, GALEF, JAFFEE, MARKEY,
REILLY, N. RIVERA, SPANO -- Multi-Sponsored by -- M. of A. BOYLAND,
CYMBROWITZ, HIKIND, MAISEL, McENENY, MILLMAN, MOLINARO, PAULIN, PHEF-
FER, SCARBOROUGH, SCHIMEL, TITONE, WEISENBERG -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to increasing the
minimum age of persons permitted to use tanning facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2, 3 and 4 of section 3555 of the public
2 health law, as added by chapter 573 of the laws of 2006, are amended to
3 read as follows:
4 2. No owner, operator, or employee of a tanning facility shall permit
5 the use of an ultraviolet radiation device by a person [fourteen]
6 sixteen to eighteen years of age until such person provides the tanning
7 facility with the written consent, in a form prescribed by the commis-
8 sioner, of a parent or legal guardian to use such tanning facility. The
9 parent or legal guardian shall sign such consent form in the presence of
10 the owner of the tanning facility or an employee responsible for the
11 operation of the ultraviolet radiation device of such facility indicat-
12 ing that such parent or guardian has read the warnings required under
13 subdivision two of section thirty-five hundred fifty-four of this arti-
14 cle and that the person [fourteen] sixteen to eighteen years of age
15 agrees to wear safety goggles before using an ultraviolet radiation
16 device. Such original written consent shall be retained by the tanning
17 facility for a period of twelve months and may be retained off premises
18 provided that an electronic image or facsimile of the original signed
19 consent form is readily available by the owner or employee responsible
20 for the operation of the ultraviolet radiation device of such facility.
21 3. A written consent form signed by a parent or legal guardian pursu-
22 ant to subdivision two of this section shall expire twelve months from
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08986-01-1
A. 6793 2
1 the date it is signed by the parent or legal guardian. Upon the expira-
2 tion of a written consent form, a new written consent shall be provided
3 in the manner prescribed in subdivision two of this section prior to the
4 use of an ultraviolet radiation device by any person [fourteen] sixteen
5 to eighteen years of age.
6 4. No owner, operator, or employee of a tanning facility shall permit
7 the use of an ultraviolet radiation device by persons under [fourteen]
8 sixteen years of age.
9 § 2. This act shall take effect on the ninetieth day after it shall
10 have become a law.
