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SB250 Summary:

BILL NOS00250
 
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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SB250 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           250
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     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.
                                                                   LBD03968-01-7

        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.
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