NEW YORK STATE INDOOR TANNING BAN / UNDER EIGHTEEN YEARS OF AGE

Scroll to the end for some tanning industry reaction.

http://open.nysenate.gov/legislation/bill/S2917-2011

Scroll to the end for some tanning industry reaction.

http://open.nysenate.gov/legislation/bill/S2917-2011

S2917-2011: Provides that a tanning facility shall not permit the use of an ultraviolet radiation device by persons under eighteen years of age

S2917-2011 Actions

• Feb 15, 2011: 2ND REPORT CAL.
• Feb 14, 2011: 1ST REPORT CAL.85
• Feb 3, 2011: REFERRED TO HEALTH

S2917-2011 Meetings

Health (Feb 14, 2011 11:30:00 AM)

S2917-2011 Calendars

CALENDAR:9-2011

S2917-2011 Votes

S2917-2011 Memo

BILL NUMBER:S2917

TITLE OF BILL:
An act
to amend the public health law, in relation to the use of ultraviolet
radiation devices by persons under eighteen years of age

PURPOSE:
To prohibit children under eighteen years of age from using
an ultraviolet radiation device

SUMMARY OF PROVISIONS:
This bill amends Subdivision 4
of section 3555
of the public health law, as added by chapter 573 of the laws of
2006, to prohibit a person under the age of eighteen from using an
ultraviolet radiation device.

JUSTIFICATION:
Skin cancer is the most common form of cancer in the
United States. According to the American Cancer Society, the number
of melanomas diagnosed in the U.S has doubled since 1973, and more
than one million cases of non-melanoma cell cancers were expected in
2009. 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. Current law allows children
between the ages of fourteen and eighteen to use indoor tanning
facilities, with the written permission of a parent or guardian. This
legislation does not adequately protect the youth from the
potentially deadly health risk associated with indoor tanning. In
order to provide effective enforcement, this bill seeks to prohibit
the use of indoor tanning devices by anyone under the age of eighteen.

LEGISLATIVE HISTORY:
2010: A.9110A - Referred to Rules S.3461A - Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
30 days after it shall have become a law.

S2917-2011 Text

S T A T E   O F   N E W   Y O R K
 
 2917
 2011-2012 Regular Sessions
 I N  SENATE
 February 3, 2011
 
 Introduced  by  Sens.  FUSCHILLO,  JOHNSON,  KRUEGER  --  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 the use of ultra
 violet radiation devices by persons under eighteen years of age
 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 added by chapter
 of the laws of 2006, 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 fourteen to eigh
 teen years of age until such person provides the tanning  facility  with
 the  written  consent,  in  a  form prescribed by the commissioner, 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04206-01-1
  S. 2917                             2
 of  the tanning facility or an employee responsible for the operation of
 the ultraviolet radiation device of such facility indicating  that  such
 parent  or guardian has read the warnings required under subdivision two
 of  section  thirty-five hundred fifty-four of this article and that the
 person fourteen 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 avail
 able  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 fourteen  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 under [fourteen]
 EIGHTEEN years of age.
 [5.] 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 on the thirtieth day after it shall
 have become a law.

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NEW YORK STATE UNDER 18 BAN