NY State Senate Bill 2011-S7578

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2012	referred to consumer protection

2011-S7578 (ACTIVE) - Details

See Assembly Version of this Bill:: A1984
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §404-c, Gen Bus L; amd §3550, add §3556, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2043, A734
2015-2016: S1982, A517
2017-2018: S565, A2276

2011-S7578 (ACTIVE) - Summary

Relates to requiring the department of health to review the safety of ultraviolet nail dryers and authorizes the department of health to promulgate any regulations deemed appropriate for governing the use of such devices by any appearance enhancement business.

2011-S7578 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7578

TITLE OF BILL:
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 health to
promulgate any regulations deemed appropriate for governing the use of
such devices by any appearance enhancement business

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to
increase consumer safety by requiring the Department of Health to
review the existing medical and scientific literature, published
reports, and articles regarding the potential health hazards
associated with the use of ultraviolet nail drying devices, identify
any health hazards, and promulgate any necessary regulations based on
such findings.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The general business law is
amended by adding a new section 404-c. sections 2 and 3. The public
health law is amended by adding a new subdivision 3 to section 3550
and adding a new section 3556.

JUSTIFICATION:

A recent Archives of Dermatology article implicated UV
lamps as a contributing factor in the cases of two women without
family histories of skin cancer who developed the disease on their
hands, stemming from steady use of the lamps at nail salons.
According to a prominent Mayo Clinic-trained dermatologist, "these
lights are considered as dangerous as tanning beds."

While tanning beds and tanning parlors have long carried warnings that
detail the increased risk of skin cancer and other conditions that
result from their use, UV lamps used in nail salons are not subject
to this requirement. These lights are increasingly being used by
consumers in conjunction with specialty gel nail polish, which is
applied like regular nail polish to fingernails (and toenails). While
online advertisements tout that these manicures last longer, many
users are unaware that exposure to UV light may increase their risk
of developing skin cancer.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect in 120 days.

2011-S7578 (ACTIVE) - Bill Text download pdf

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

                                  7578

                            I N  S E N A T E

                              June 5, 2012
                               ___________

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 health 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:

  Section 1. The general business law is amended by adding a new section
404-c to read as follows:
  S 404-C.  ULTRAVIOLET NAIL DRYING DEVICES. 1. "ULTRAVIOLET NAIL DRYING
DEVICE"  SHALL  MEAN ANY EQUIPMENT WHICH IS DESIGNED TO EMIT ELECTROMAG-
NETIC RADIATION IN THE  WAVELENGTH  INTERVAL  OF  TWO  HUNDRED  TO  FOUR
HUNDRED  NANOMETERS  IN AIR, AND WHICH IS INTENDED TO INDUCE NAIL CURING
OR HARDENING THROUGH IRRADIATION.
  2. IF THE COMMISSIONER OF HEALTH MAKES  A  DETERMINATION  PURSUANT  TO
SECTION  THIRTY-FIVE  HUNDRED  FIFTY-SIX  OF  THE PUBLIC HEALTH LAW THAT
ULTRAVIOLET NAIL DRYING DEVICES POSE  A  HEALTH  HAZARD  TO  USERS,  ANY
APPEARANCE ENHANCEMENT BUSINESS SHALL PROMINENTLY POST THE NOTICE DEVEL-
OPED  BY  THE  COMMISSIONER OF HEALTH REGARDING SUCH HEALTH HAZARD IN AN
AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE PLACE
WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO THIS ARTICLE IS
CONDUCTED. THE DEPARTMENT OF HEALTH SHALL PREPARE  AND  MAKE  SUCH  SIGN
AVAILABLE TO EACH LICENSEE.
  3.  IF  THE  COMMISSIONER  OF HEALTH MAKES A DETERMINATION PURSUANT TO
SECTION THIRTY-FIVE HUNDRED FIFTY-SIX OF  THE  PUBLIC  HEALTH  LAW  THAT
ULTRAVIOLET  NAIL  DRYING  DEVICES  POSE  A  HEALTH HAZARD TO USERS, ANY
APPEARANCE ENHANCEMENT BUSINESS THAT UTILIZES SUCH DEVICES SHALL  COMPLY
WITH  ANY AND ALL REGULATIONS ADOPTED BY THE DEPARTMENT OF HEALTH PURSU-
ANT TO SUCH SECTION.
  S 2. Section 3550 of the public health law, as added by chapter 378 of
the laws of 1990, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04837-08-2

S. 7578                             2

  S 3550. Definitions. When used in this article,  the  following  words
and phrases shall have the meanings ascribed to them in this section:
  1.  "Tanning  facility" shall mean any establishment where one or more
ultraviolet radiation device is used, offered, or made available for use
by any human being, for which a fee is charged, directly or  indirectly,
but  shall  not  include any facility where any such device is used by a
qualified health care professional for treatment of medical conditions.
  2. "Ultraviolet radiation device" shall mean any  equipment  which  is
designed to emit electromagnetic radiation in the wavelength interval of
two  hundred to four hundred nanometers in air, and which is intended to
induce tanning of the human skin through irradiation, including, but not
limited to, a sunlamp, tanning booth, or tanning bed.
  3. "ULTRAVIOLET NAIL DRYING DEVICE" SHALL MEAN ANY EQUIPMENT WHICH  IS
DESIGNED TO EMIT ELECTROMAGNETIC RADIATION IN THE WAVELENGTH INTERVAL OF
TWO  HUNDRED TO FOUR HUNDRED NANOMETERS IN AIR, AND WHICH IS INTENDED TO
INDUCE NAIL CURING OR HARDENING THROUGH IRRADIATION.
  4. "Person" shall mean an individual, corporation, partnership,  joint
venture, or any business entity.
  S  3. The public health law is amended by adding a new section 3556 to
read as follows:
  S 3556. ULTRAVIOLET NAIL DRYING DEVICES.  THE DEPARTMENT SHALL  REVIEW
THE  EXISTING  MEDICAL AND SCIENTIFIC LITERATURE, PUBLISHED REPORTS, AND
ARTICLES REGARDING THE POTENTIAL HEALTH HAZARDS ASSOCIATED WITH THE  USE
OF  ULTRAVIOLET NAIL DRYING DEVICES AND IDENTIFY ANY HEALTH HAZARDS.  AS
PART OF SUCH REVIEW, THE DEPARTMENT SHALL CONSULT WITH  EXPERTS  IN  THE
FIELDS OF SKIN CANCER RESEARCH AND HUMAN EXPOSURE TO ARTIFICIAL ULTRAVI-
OLET  RADIATION.  THE  DEPARTMENT  SHALL ALSO REVIEW THE FEASIBILITY AND
EFFECTIVENESS OF REQUIRING APPEARANCE ENHANCEMENT BUSINESSES  TO  ADVISE
USERS OF ULTRAVIOLET NAIL DRYING DEVICES TO APPLY A SUNSCREEN OR A SIMI-
LAR  SUBSTANCE  DESIGNED TO BLOCK ULTRAVIOLET RADIATION TO THE HANDS AND
WRISTS PRIOR TO USING SUCH DEVICE.   UPON  COMPLETION  OF  SUCH  REVIEW,
BASED ON THE FINDINGS OF THE DEPARTMENT, THE COMMISSIONER MAY PROMULGATE
ANY  REGULATIONS DEEMED APPROPRIATE FOR GOVERNING THE USE OF ULTRAVIOLET
NAIL DRYING DEVICES BY ANY APPEARANCE ENHANCEMENT BUSINESS, REQUIRED  TO
BE  LICENSED BY THE DEPARTMENT OF STATE PURSUANT TO ARTICLE TWENTY-SEVEN
OF THE GENERAL BUSINESS LAW.  IF  PROMULGATED,  SUCH  REGULATIONS  SHALL
INCLUDE  A  REQUIREMENT  THAT ANY APPEARANCE ENHANCEMENT BUSINESS POST A
NOTICE REGARDING ANY HEALTH HAZARDS ASSOCIATED WITH THE USE OF  ULTRAVI-
OLET  NAIL  DRYERS AND ANY STEPS USERS MAY TAKE TO MITIGATE SUCH HAZARDS
IN AN AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE
PLACE WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT  TO  ARTICLE
TWENTY-SEVEN OF THE GENERAL BUSINESS LAW IS CONDUCTED.
  S 4. This act shall take effect on the one hundred twentieth day after
it  shall have become a law; provided that the commissioner of health is
authorized to, on or before such date, promulgate any and all rules  and
regulations  and take any other measures necessary to implement this act
on its effective date.

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Senate Bill S7578

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2011-S7578 (ACTIVE) - Details

2011-S7578 (ACTIVE) - Summary

2011-S7578 (ACTIVE) - Sponsor Memo

2011-S7578 (ACTIVE) - Bill Text download pdf

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2011-S7578 (ACTIVE) - Details

2011-S7578 (ACTIVE) - Summary

2011-S7578 (ACTIVE) - Sponsor Memo

2011-S7578 (ACTIVE) - Bill Text download pdf

Comments