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S00057 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           57
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- 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
          ultraviolet radiation devices

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 3555 of the public health law, as amended by  chap-
     2  ter 105 of the laws of 2012, is amended to read as follows:
     3    §  3555.  Restrictions on the use of ultraviolet radiation devices. 1.
     4  No owner, operator, or employee of a tanning facility shall  permit  the
     5  use  of  the tanning facility by a person eighteen years of age or older
     6  until such person provides a  driver's  license  or  other  photographic
     7  identification  card issued by a government entity or educational insti-
     8  tution indicating that the individual is at least eighteen years of  age
     9  and  the  facility  has  on  file  a signed written statement, in a form
    10  prescribed by the commissioner, acknowledging that such person has  read
    11  the  warnings  required  under  subdivision  two  of section thirty-five
    12  hundred fifty-four of this article and agrees  to  wear  safety  goggles
    13  before  using  an ultraviolet radiation device. Such signed statement of
    14  acknowledgment may be retained by  the  tanning  facility  off  premises
    15  provided  that  an  electronic image or facsimile of the original signed
    16  statement of acknowledgment is readily available by the owner or employ-
    17  ee responsible for the operation of the ultraviolet radiation device  of
    18  such facility.
    19    2. [No owner, operator, or employee of a tanning facility shall permit
    20  the  use  of  an  ultraviolet  radiation device by a person seventeen to
    21  eighteen years of age until such person provides  the  tanning  facility
    22  with the written consent, in a form prescribed by the commissioner, of a
    23  parent  or  legal  guardian  to use such tanning facility. The parent or
    24  legal guardian shall sign such consent form in the presence of the owner

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05714-01-7

        S. 57                               2

     1  of the tanning facility or an employee responsible for the operation  of
     2  the  ultraviolet  radiation device of such facility indicating that such
     3  parent or guardian has read the warnings required under subdivision  two
     4  of  section  thirty-five hundred fifty-four of this article and that the
     5  person seventeen to eighteen years of age agrees to wear safety  goggles
     6  before  using  an  ultraviolet  radiation  device. Such original written
     7  consent shall be retained by the tanning facility for a period of twelve
     8  months and may be retained off  premises  provided  that  an  electronic
     9  image or facsimile of the original signed consent form is readily avail-
    10  able  by  the  owner  or  employee  responsible for the operation of the
    11  ultraviolet radiation device of such facility.
    12    3. A written consent form signed by a parent or legal guardian  pursu-
    13  ant  to  subdivision two of this section shall expire twelve months from
    14  the date it is signed by the parent or legal guardian. Upon the  expira-
    15  tion  of a written consent form, a new written consent shall be provided
    16  in the manner prescribed in subdivision two of this section prior to the
    17  use of an ultraviolet radiation device by any person seventeen to  eigh-
    18  teen years of age.
    19    4.] No owner, operator, or employee of a tanning facility shall permit
    20  the  use  of an ultraviolet radiation device by persons [sixteen] seven-
    21  teen years of age and under.
    22    3.  This section shall be exclusive and  shall  preempt  any  contrary
    23  local  law  or  ordinance, except that this section shall not preempt or
    24  supersede  local  laws  or  ordinances  imposing   additional   stricter
    25  restrictions  on  the use and operation of ultraviolet radiation devices
    26  at tanning facilities which are in effect prior to the effective date of
    27  this section.
    28    § 2. This act shall take effect on the ninetieth day  after  it  shall
    29  have become a law.
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