S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9211

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 21, 2009
                               ___________

Introduced  by  M.  of A. ZEBROWSKI, FIELDS -- read once and referred to
  the Committee on Health

AN ACT to amend the public health law, in relation  to  restricting  the
  use of tanning facilities by persons under eighteen years of age

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3555 of the public health law, as added by  chapter
573 of the laws of 2006, is amended to read as follows:
  S  3555.  Restrictions on the use of ultraviolet radiation devices. 1.
No owner, operator, or employee of a tanning facility shall  permit  the
use  of  the tanning facility by a person eighteen years of age or older
until such person provides a  driver's  license  or  other  photographic
identification  card issued by a government entity or educational insti-
tution indicating that the individual is at least eighteen years of  age
and  the  facility  has  on  file  a signed written statement, in a form
prescribed by the commissioner, acknowledging that such person has  read
the  warnings  required  under  subdivision  two  of section thirty-five
hundred fifty-four of this article and agrees  to  wear  safety  goggles
before  using  an ultraviolet radiation device. Such signed statement of
acknowledgment may be retained by  the  tanning  facility  off  premises
provided  that  an  electronic image or facsimile of the original signed
statement of acknowledgment is readily available by the owner or employ-
ee responsible for the operation of the ultraviolet radiation device  of
such facility.
  2.  No owner, operator, or employee of a tanning facility shall permit
the use of an ultraviolet radiation device by a person fourteen to eigh-
teen years of age [until such person provides the tanning facility  with
the  written  consent,  in  a  form prescribed by the commissioner, of a
parent or legal guardian to use such tanning  facility.  The  parent  or
legal guardian shall sign such consent form in the presence of the owner
of  the tanning facility or an employee responsible for the operation of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14740-01-9
              

A. 9211                             2

the ultraviolet radiation device of such facility indicating  that  such
parent  or guardian has read the warnings required under subdivision two
of section thirty-five hundred fifty-four of this article and  that  the
person  fourteen  to eighteen years of age agrees to wear safety goggles
before using an ultraviolet  radiation  device.  Such  original  written
consent shall be retained by the tanning facility for a period of twelve
months  and  may  be  retained  off premises provided that an electronic
image or facsimile of the original signed consent form is readily avail-
able by the owner or employee  responsible  for  the  operation  of  the
ultraviolet  radiation  device  of  such facility] UNLESS SUCH PERSON IS
ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.
  3. [A written consent form signed by a parent or legal guardian pursu-
ant to subdivision two of this section shall expire twelve  months  from
the  date it is signed by the parent or legal guardian. Upon the expira-
tion of a written consent form, a new written consent shall be  provided
in the manner prescribed in subdivision two of this section prior to the
use  of  an ultraviolet radiation device by any person fourteen to eigh-
teen years of age.] THE PARENT OR LEGAL GUARDIAN OF A PERSON  UNDER  THE
AGE  OF  EIGHTEEN  AND  SUCH PERSON, MUST SIGN A WRITTEN STATEMENT, IN A
FORM PRESCRIBED BY THE COMMISSIONER, ACKNOWLEDGING THAT SUCH  PARENT  OR
LEGAL  GUARDIAN AND PERSON HAS READ THE WARNINGS REQUIRED UNDER SUBDIVI-
SION TWO OF SECTION THIRTY-FIVE HUNDRED FIFTY-FOUR OF THIS  ARTICLE  AND
AGREES  TO  WEAR  SAFETY  GOGGLES  BEFORE USING AN ULTRAVIOLET RADIATION
DEVICE. SUCH SIGNED STATEMENT OF ACKNOWLEDGMENT MAY BE RETAINED  BY  THE
TANNING  FACILITY  OFF  PREMISES  PROVIDED  THAT  AN ELECTRONIC IMAGE OR
FACSIMILE OF THE ORIGINAL SIGNED STATEMENT OF ACKNOWLEDGEMENT IS READILY
AVAILABLE BY THE OWNER OR EMPLOYEE RESPONSIBLE FOR THE OPERATION OF  THE
ULTRAVIOLET RADIATION DEVICE OF SUCH FACILITY.
  4.  A PERSON FOURTEEN TO EIGHTEEN YEARS OF AGE MAY BE PERMITTED TO USE
AN ULTRAVIOLET RADIATION DEVICE WITHOUT ACCOMPANIMENT  BY  A  PARENT  OR
LEGAL  GUARDIAN IF SUCH PERSON HAS WRITTEN RECOMMENDATION FROM A MEDICAL
DOCTOR STATING THE USE OF AN ULTRAVIOLET RADIATION  DEVICE  IS  FOR  THE
TREATMENT OF MEDICAL CONDITIONS.
  5.  No owner, operator, or employee of a tanning facility shall permit
the use of an ultraviolet radiation device  by  persons  under  fourteen
years of age.
  [5.] 6. This section shall be exclusive and shall preempt any contrary
local  law  or  ordinance, except that this section shall not preempt or
supersede  local  laws  or  ordinances  imposing   additional   stricter
restrictions  on  the use and operation of ultraviolet radiation devices
at tanning facilities which are in effect prior to the effective date of
this section.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.