senate Bill S2043

2013-2014 Legislative Session

Relates to ultraviolet nail dryers

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S2043 - Bill Details

See Assembly Version of this Bill:
A734
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 2011-2012 Legislative Session:
S7578, A1984C

S2043 - Bill Texts

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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.

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BILL NUMBER:S2043

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, stem-
ming from steady use of the lamps at nail salons. According to a promi-
nent 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 adver-
tisements 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: 2012: S.7578/A.1984-C Referred to Consumer
Protection

FISCAL IMPLICATIONS: To be determined.

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

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

                                  2043

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04425-01-3

S. 2043                             2

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:
  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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