A09058 Summary:

BILL NOA09058
 
SAME ASNo Same As
 
SPONSORKaminsky
 
COSPNSR
 
MLTSPNSR
 
Amd 3555, Pub Health L
 
Prohibits anyone under eighteen years of age from using an ultraviolet radiation device.
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A09058 Actions:

BILL NOA09058
 
01/20/2016referred to health
04/05/2016reported referred to codes
05/04/2016enacting clause stricken
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A09058 Text:



 
                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.
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