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S00565 Summary:

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S00565 Committee Votes:

S00565 Floor Votes:

S00565 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           565
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        AN ACT to amend the general business law and the public health  law,  in
          relation to requiring the department of health to review the safety of
          ultraviolet  nail  dryers  and  authorizing the department of state to
          promulgate any regulations deemed appropriate for governing the use of
          such devices by any appearance enhancement business
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  404-c to read as follows:
     3    § 404-c.  Ultraviolet nail drying devices. 1. "Ultraviolet nail drying
     4  device"  shall  mean any equipment which is designed to emit electromag-
     5  netic radiation in the  wavelength  interval  of  two  hundred  to  four
     6  hundred  nanometers  in air, and which is intended to induce nail curing
     7  or hardening through irradiation.
     8    2. If the commissioner of health makes  a  determination  pursuant  to
     9  section  thirty-five  hundred  fifty-six  of  the public health law that
    10  ultraviolet nail drying devices pose  a  health  hazard  to  users,  any
    11  appearance  enhancement business where the practice of nail specialty is
    12  conducted shall prominently post the notice developed by the  department
    13  regarding  such  health  hazard in an area clearly visible to patrons in
    14  the licensed appearance enhancement business where the practice of  nail
    15  specialty  is  conducted  or  in  the  place  where the practice of nail
    16  specialty licensed pursuant to this article is conducted. The department
    17  shall develop and make such sign available to each licensee.
    18    3. If the commissioner of health makes  a  determination  pursuant  to
    19  section  thirty-five  hundred  fifty-six  of  the public health law that
    20  ultraviolet nail drying devices pose  a  health  hazard  to  users,  any
    21  appearance  enhancement business that utilizes such devices shall comply
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05363-01-7
        S. 565                              2
 
     1  with any and all regulations adopted by the department pursuant to  this
     2  article.
     3    § 2. Section 3550 of the public health law, as added by chapter 378 of
     4  the laws of 1990, is amended to read as follows:
     5    §  3550.  Definitions.  When used in this article, the following words
     6  and phrases shall have the meanings ascribed to them in this section:
     7    1. "Tanning facility" shall mean any establishment where one  or  more
     8  ultraviolet radiation device is used, offered, or made available for use
     9  by  any human being, for which a fee is charged, directly or indirectly,
    10  but shall not include any facility where any such device is  used  by  a
    11  qualified health care professional for treatment of medical conditions.
    12    2.  "Ultraviolet  radiation  device" shall mean any equipment which is
    13  designed to emit electromagnetic radiation in the wavelength interval of
    14  two hundred to four hundred nanometers in air, and which is intended  to
    15  induce tanning of the human skin through irradiation, including, but not
    16  limited to, a sunlamp, tanning booth, or tanning bed.
    17    3.  "Ultraviolet nail drying device" shall mean any equipment which is
    18  designed to emit electromagnetic radiation in the wavelength interval of
    19  two hundred to four hundred nanometers in air, and which is intended  to
    20  induce nail curing or hardening through irradiation.
    21    4.  "Person" shall mean an individual, corporation, partnership, joint
    22  venture, or any business entity.
    23    § 3. The public health law is amended by adding a new section 3556  to
    24  read as follows:
    25    §  3556.  Ultraviolet  nail  drying devices.   1. The department shall
    26  review  the  existing  medical  and  scientific  literature,   published
    27  reports,  and articles regarding the potential health hazards associated
    28  with the use of ultraviolet nail drying devices and identify any  health
    29  hazards.    As  part  of  such review, the department shall consult with
    30  experts in the fields of skin cancer  research  and  human  exposure  to
    31  artificial  ultraviolet  radiation. The department shall also review the
    32  feasibility and effectiveness of requiring appearance enhancement  busi-
    33  nesses conducting the practice of nail specialty, as defined in subdivi-
    34  sion four of section four hundred of the general business law, to advise
    35  users of ultraviolet nail drying devices to apply a sunscreen or a simi-
    36  lar  substance  designed to block ultraviolet radiation to the hands and
    37  wrists prior to using such device.
    38    2. Upon completion of such  review,  based  on  the  findings  of  the
    39  department,  the  department  of  state  may  promulgate any regulations
    40  deemed appropriate for governing the  use  of  ultraviolet  nail  drying
    41  devices  by any appearance enhancement business, required to be licensed
    42  by the department of state  pursuant  to  article  twenty-seven  of  the
    43  general  business  law. If promulgated, such regulations shall include a
    44  requirement that any  appearance  enhancement  business  conducting  the
    45  practice  of  nail  specialty post a notice regarding any health hazards
    46  associated with the use of ultraviolet nail dryers and any  steps  users
    47  may  take to mitigate such hazards in an area clearly visible to patrons
    48  in the licensed premises or in the place where the practice of an  occu-
    49  pation licensed pursuant to article twenty-seven of the general business
    50  law is conducted.
    51    §  4. This act shall take effect immediately, except that sections one
    52  and two of this act, and subdivision 2 of section  3556  of  the  public
    53  health  law,  as added by section three of this act shall take effect on
    54  the one hundred twentieth day after this act shall have become a law.