STATE OF NEW YORK
2017-2018 Regular Sessions
January 4, 2017
Introduced by Sen. KAMINSKY -- 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
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 250 2
1 the owner of the tanning facility or an employee responsible for the
2 operation of the ultraviolet radiation device of such facility indicat-
3 ing that such parent or guardian has read the warnings required under
4 subdivision two of section thirty-five hundred fifty-four of this arti-
5 cle and that the person seventeen to eighteen years of age agrees to
6 wear safety goggles before using an ultraviolet radiation device. Such
7 original written consent shall be retained by the tanning facility for a
8 period of twelve months and may be retained off premises provided that
9 an electronic image or facsimile of the original signed consent form is
10 readily available by the owner or employee responsible for the operation
11 of the ultraviolet radiation device of such facility.
12 3. A written consent form signed by a parent or legal guardian pursu-
13 ant to subdivision two of this section shall expire twelve months from
14 the date it is signed by the parent or legal guardian. Upon the expira-
15 tion of a written consent form, a new written consent shall be provided
16 in the manner prescribed in subdivision two of this section prior to the
17 use of an ultraviolet radiation device by any person seventeen to eigh-
18 teen years of age.
19 4. No owner, operator, or employee of a tanning facility shall permit
20 the use of an ultraviolet radiation device by persons sixteen years of
21 age and under].
22 3. This section shall be exclusive and shall preempt any contrary
23 local law or ordinance, except that this section shall not preempt or
24 supersede local laws or ordinances imposing additional stricter
25 restrictions on the use and operation of ultraviolet radiation devices
26 at tanning facilities which are in effect prior to the effective date of
27 this section.
28 § 2. This act shall take effect immediately.