STATE OF NEW YORK ________________________________________________________________________ 5585 2017-2018 Regular Sessions IN SENATE 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: 1 Section 1. Section 3550 of the public health law, as added by chapter 2 378 of the laws of 1990, is amended to read as follows: 3 § 3550. Definitions. When used in this article, the following words 4 and phrases shall have the meanings ascribed to them in this section: 5 1. "Tanning facility" shall mean any establishment where one or more 6 ultraviolet radiation device is used, offered, or made available for use 7 by any human being, [for which] whether or not a fee is charged[, 8 directly or indirectly, but shall not include any facility where any 9 such device is used by a qualified health care professional for treat- 10 ment of medical conditions]. 11 1-a. "Phototherapy device" means equipment that emits ultraviolet 12 radiation and is used in the diagnosis or treatment of disease or inju- 13 ry. 14 2. "Ultraviolet radiation device" shall mean any equipment which is 15 designed to emit electromagnetic radiation in the wavelength interval of 16 two hundred to four hundred nanometers in air, and which is intended to 17 induce tanning of the human skin through irradiation, including, but not 18 limited to, a sunlamp, tanning booth, or tanning bed. 19 3. "Person" shall mean an individual, corporation, partnership, joint 20 venture, or any business entity. 21 § 2. Section 3555 of the public health law, as amended by chapter 105 22 of the laws of 2012, is amended to read as follows: 23 § 3555. Restrictions on the use of ultraviolet radiation devices. 1. 24 This section shall not apply to any physician who is duly licensed to 25 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 1 uses or prescribes to be used a phototherapy device with respect to a 2 patient of any age. 3 2. No owner, operator, or employee of a tanning facility shall permit 4 the use of the tanning facility by a person eighteen years of age or 5 older until such person provides a driver's license or other photograph- 6 ic identification card issued by a government entity or educational 7 institution indicating that the individual is at least eighteen years of 8 age and the facility has on file a signed written statement, in a form 9 prescribed by the commissioner, acknowledging that such person has read 10 the warnings required under subdivision two of section thirty-five 11 hundred fifty-four of this article and agrees to wear safety goggles 12 before using an ultraviolet radiation device. Such signed statement of 13 acknowledgment may be retained by the tanning facility off premises 14 provided that an electronic image or facsimile of the original signed 15 statement of acknowledgment is readily available by the owner or employ- 16 ee responsible for the operation of the ultraviolet radiation device of 17 such facility. 18 [2.] 3. No owner, operator, or employee of a tanning facility shall 19 permit the use of an ultraviolet radiation device by a person [seventeen 20 to] under eighteen years of age [until such person provides the tanning 21 facility with the written consent, in a form prescribed by the commis- 22 sioner, of a parent or legal guardian to use such tanning facility. The 23 parent or legal guardian shall sign such consent form in the presence of 24 the owner of the tanning facility or an employee responsible for the 25 operation of the ultraviolet radiation device of such facility indicat- 26 ing that such parent or guardian has read the warnings required under 27 subdivision two of section thirty-five hundred fifty-four of this arti- 28 cle and that the person seventeen to eighteen years of age agrees to 29 wear safety goggles before using an ultraviolet radiation device. Such 30 original written consent shall be retained by the tanning facility for a 31 period of twelve months and may be retained off premises provided that 32 an electronic image or facsimile of the original signed consent form is 33 readily available by the owner or employee responsible for the operation 34 of the ultraviolet radiation device of such facility. 35 3. A written consent form signed by a parent or legal guardian pursu- 36 ant to subdivision two of this section shall expire twelve months from 37 the date it is signed by the parent or legal guardian. Upon the expira- 38 tion of a written consent form, a new written consent shall be provided 39 in the manner prescribed in subdivision two of this section prior to the 40 use of an ultraviolet radiation device by any person seventeen to eigh- 41 teen years of age. 42 4. No owner, operator, or employee of a tanning facility shall permit 43 the use of an ultraviolet radiation device by persons sixteen years of 44 age and under]. 45 [3.] 4. This section shall be exclusive and shall preempt any contrary 46 local law or ordinance, except that this section shall not preempt or 47 supersede local laws or ordinances imposing additional stricter 48 restrictions on the use and operation of ultraviolet radiation devices 49 at tanning facilities which are in effect prior to the effective date of 50 this section. 51 § 3. This act shall take effect immediately.