S T A T E O F N E W Y O R K
________________________________________________________________________
9058
I N A S S E M B L Y
January 20, 2016
___________
Introduced by M. of A. KAMINSKY -- read once and referred to the Commit-
tee 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:
Section 1. Section 3555 of the public health law, as amended by chap-
ter 105 of the laws of 2012, 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 [seventeen to]
UNDER eighteen years of age [until such person provides the tanning
facility with the written consent, in a form prescribed by the commis-
sioner, 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 the ultraviolet radiation device of such facility indicat-
ing that such parent or guardian has read the warnings required under
subdivision two of section thirty-five hundred fifty-four of this arti-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13642-01-6
A. 9058 2
cle and that the person seventeen 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 available by the owner or employee responsible for the operation
of the ultraviolet radiation device of such facility.
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 seventeen to eigh-
teen years of age.
4. No owner, operator, or employee of a tanning facility shall permit
the use of an ultraviolet radiation device by persons sixteen years of
age and under].
3. 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 immediately.