NY State Senate Bill 2017-S250

Archive: Last Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Jan 04, 2017	referred to health

2017-S250 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3555, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S7546

2017-S250 (ACTIVE) - Summary

Prohibits anyone under eighteen years of age from using an ultraviolet radiation device.

2017-S250 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S250

 TITLE OF BILL :

An act to amend the public health law, in relation to restrictions on
the use of ultraviolet radiation devices

 PURPOSE OR GENERAL IDEA OF BILL :

To prohibit children under 18 years of age from using an ultra-violet
radiation device.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 3555 of the public health law, as amended by Chapter 105 of
the laws of 2012, is amended to prohibit a person under the age of 18
from using an ultraviolet radiation device.

 EXISTING LAW :

Current law prohibits children under 17 years of age from using an
ultraviolet radiation device. This bill would add 17 year olds to
those prohibited.

 JUSTIFICATION :

According to the American Cancer Society, skin cancer is the most
common of all cancers. About 3.5 million cases of basal and squamous
cell skin cancer are diagnosed in this country each year. The World
Health Organization has added tanning devices to the same category as
tobacco and asbestos, marking them as "carcinogenic to humans."

Because the harmful effects of UV exposure accumulate over time,
indoor tanning devices pose a greater risk for children and teens by
boosting overall lifetime exposure. This is one of the many reasons
New York currently prohibits indoor tanning for children under the age
of 17 (Chapter 105 of 2012).

Recent studies demonstrate that indoor tanning increases significantly
among high school females, from 12.9% usage in 9th graders to 27.2%
usage among 12th graders. Given these statistics, we must ensure that
our older teenagers, as well as our younger teens, are protected from
the harmful effects of indoor tanning devices.

The US Food and Drug Administration is presently undertaking a lengthy
process of reviewing current federal regulations for indoor tanning
devices for the first time since 1985. New York has proven to be
proactive in this regard and should, once again, take definitive steps
to prevent this avoidable cancer that takes the lives of so many New
Yorkers.

 PRIOR LEGISLATIVE HISTORY :

S.7546 of 2016 - Health Committee
Chapter 205 of 2012 prohibited indoor tanning for children 16 and
under.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S250 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    250
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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:
   §  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03968-01-7

 S. 250                              2

 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-
 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.
   § 2. This act shall take effect immediately.

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Senate Bill S250

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2017-S250 (ACTIVE) - Details

2017-S250 (ACTIVE) - Summary

2017-S250 (ACTIVE) - Sponsor Memo

2017-S250 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S250

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Health Committee

2017-S250 (ACTIVE) - Details

2017-S250 (ACTIVE) - Summary

2017-S250 (ACTIVE) - Sponsor Memo

2017-S250 (ACTIVE) - Bill Text download pdf

Comments