S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5585
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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 tanning facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 3550 of the public health law, as added by chapter
 378 of the laws of 1990, is amended to read as follows:
   § 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]  WHETHER  OR  NOT  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  treat-
 ment of medical conditions].
   1-A.  "PHOTOTHERAPY  DEVICE"  MEANS  EQUIPMENT  THAT EMITS ULTRAVIOLET
 RADIATION AND IS USED IN THE DIAGNOSIS OR TREATMENT OF DISEASE OR  INJU-
 RY.
   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.  "Person" shall mean an individual, corporation, partnership, joint
 venture, or any business entity.
   § 2. Section 3555 of the public health law, as amended by chapter  105
 of the laws of 2012, is amended to read as follows:
   §  3555.  Restrictions on the use of ultraviolet radiation devices. 1.
 THIS SECTION SHALL NOT APPLY TO ANY PHYSICIAN WHO IS  DULY  LICENSED  TO
 PRACTICE  MEDICINE  IN  THIS STATE AND WHO, IN THE PRACTICE OF MEDICINE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10747-01-7
              

 S. 5585                             2
 
 USES OR PRESCRIBES TO BE USED A PHOTOTHERAPY DEVICE WITH  RESPECT  TO  A
 PATIENT OF ANY AGE.
   2.  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 photograph-
 ic  identification  card  issued  by  a government entity or educational
 institution 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.] 3. 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-
 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.] 4. 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.
   § 3. This act shall take effect immediately.