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A07218 Summary:

BILL NOA07218A
 
SAME ASSAME AS S05585-A
 
SPONSORJaffee
 
COSPNSRD'Urso, Ortiz, Jean-Pierre, Abinanti, Galef, Lifton, Steck, Fahy, O'Donnell, Woerner, Rosenthal L, Williams, Glick, Arroyo, Gottfried, Raia, Lavine, Morelle, Paulin, Dickens, Seawright, Sepulveda, Buchwald, Taylor, Byrne, Mosley, Errigo, Rivera, Davila, Skoufis
 
MLTSPNSRCook, McDonough, Simon
 
Amd 3550 & 3555, Pub Health L
 
Relates to tanning facilities.
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A07218 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7218A
 
SPONSOR: Jaffee
  TITLE OF BILL: An act to amend the public health law, in relation to tanning facilities   PURPOSE OR GENERAL IDEA OF BILL: To prohibit children under the age of 18 from using tanning facilities; removes procedures to grant 17 to 18 year olds access to tanning booths.   SUMMARY OF SPECIFIC PROVISIONS: Section 3550 of the public health law, as added by Chapter 378 of the laws of 1990, is amended to prohibit a person under the age of 18 from using indoor tanning facilities.   JUSTIFICATION: According to the American Cancer Society, skin cancer is the most diag- nosed cancer in the United States. About 95,400 invasive skin cancers will be diagnosed in the US, and more than 87,000 of these will be of melanoma, the most serious form. The American Cancer Society has noted that the highest risk for skin cancer is the use of indoor tanning facilities. World Health Organiza- tion categorizes tanning devices as its highest cancer risk. It has been found, that using tanning booths before the age of 35 increases the risk of melanoma by 59%, squamous cell carcinoma by 67% and basal cell carci- noma by 29%. Because the harmful effects of UV exposure accumulate over time, indoor tanning devices pose a greater risk for teens due to the misleading claims by the industry. 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 have demonstrated that parental permission laws do not lower the use of indoor tan facilities amongst youth. On the contrary, many youth are still able to purchase tanning products which demon- strates that this initiative is simply not enough. Given these statis- tics, we must ensure that our teens and children are protected from the harmful effects of indoor tanning devices. Currently, The US Food and Drug Administration is reviewing 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.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A07218 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7218--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 12, 2017
                                       ___________
 
        Introduced  by  M.  of  A. JAFFEE, D'URSO, ORTIZ, JEAN-PIERRE, ABINANTI,
          GALEF, LIFTON, STECK, FAHY, O'DONNELL, WOERNER,  ROSENTHAL,  WILLIAMS,
          GJONAJ, GLICK, ARROYO, GOTTFRIED, RAIA, LAVINE, MORELLE, PAULIN, DICK-
          ENS,  SEAWRIGHT  -- Multi-Sponsored by -- M. of A. COOK, SIMON -- read
          once and referred to the Committee on Health -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
 
        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, direct-
     8  ly or indirectly, but shall not include  any  facility  where  any  such
     9  device  is used by a qualified health care professional for treatment of
    10  medical conditions.
    11    2. "Ultraviolet radiation device" shall mean any  equipment  which  is
    12  designed to emit electromagnetic radiation in the wavelength interval of
    13  two  hundred to four hundred nanometers in air, and which is intended to
    14  induce tanning of the human skin through irradiation, including, but not
    15  limited to, a sunlamp, tanning booth, or tanning bed.
    16    3. "Person" shall mean an individual, corporation, partnership,  joint
    17  venture, or any business entity.
    18    §  2. Section 3555 of the public health law, as amended by chapter 105
    19  of the laws of 2012, is amended to read as follows:
    20    § 3555. Restrictions on the use of ultraviolet radiation  devices.  1.
    21  No  owner,  operator, or employee of a tanning facility shall permit the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10747-02-7

        A. 7218--A                          2
 
     1  use of the tanning facility by a person eighteen years of age  or  older
     2  until  such  person  provides  a  driver's license or other photographic
     3  identification card issued by a government entity or educational  insti-
     4  tution  indicating that the individual is at least eighteen years of age
     5  and the facility has on file a  signed  written  statement,  in  a  form
     6  prescribed  by the commissioner, acknowledging that such person has read
     7  the warnings required  under  subdivision  two  of  section  thirty-five
     8  hundred  fifty-four  of  this  article and agrees to wear safety goggles
     9  before using an ultraviolet radiation device. Such signed  statement  of
    10  acknowledgment  may  be  retained  by  the tanning facility off premises
    11  provided that an electronic image or facsimile of  the  original  signed
    12  statement of acknowledgment is readily available by the owner or employ-
    13  ee  responsible for the operation of the ultraviolet radiation device of
    14  such facility.
    15    2.  No owner, operator, or employee of a tanning facility shall permit
    16  the use of an ultraviolet radiation device by a  person  [seventeen  to]
    17  under  eighteen  years  of  age  [until such person provides the tanning
    18  facility with the written consent, in a form prescribed by  the  commis-
    19  sioner,  of a parent or legal guardian to use such tanning facility. The
    20  parent or legal guardian shall sign such consent form in the presence of
    21  the owner of the tanning facility or an  employee  responsible  for  the
    22  operation  of the ultraviolet radiation device of such facility indicat-
    23  ing that such parent or guardian has read the  warnings  required  under
    24  subdivision  two of section thirty-five hundred fifty-four of this arti-
    25  cle and that the person seventeen to eighteen years  of  age  agrees  to
    26  wear  safety  goggles before using an ultraviolet radiation device. Such
    27  original written consent shall be retained by the tanning facility for a
    28  period of twelve months and may be retained off premises  provided  that
    29  an  electronic image or facsimile of the original signed consent form is
    30  readily available by the owner or employee responsible for the operation
    31  of the ultraviolet radiation device of such facility.
    32    3.  A written consent form signed by a parent or legal guardian pursu-
    33  ant to subdivision two of this section shall expire twelve  months  from
    34  the  date it is signed by the parent or legal guardian. Upon the expira-
    35  tion of a written consent form, a new written consent shall be  provided
    36  in the manner prescribed in subdivision two of this section prior to the
    37  use  of an ultraviolet radiation device by any person seventeen to eigh-
    38  teen years of age.
    39    4. No owner, operator, or employee of a tanning facility shall  permit
    40  the  use  of an ultraviolet radiation device by persons sixteen years of
    41  age and under].
    42    3. This section shall be exclusive  and  shall  preempt  any  contrary
    43  local  law  or  ordinance, except that this section shall not preempt or
    44  supersede  local  laws  or  ordinances  imposing   additional   stricter
    45  restrictions  on  the use and operation of ultraviolet radiation devices
    46  at tanning facilities which are in effect prior to the effective date of
    47  this section.
    48    § 3. This act shall take effect immediately.
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