S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   734

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. ROSENTHAL, MILLMAN, ARROYO, CYMBROWITZ, McDONOUGH
  --  read  once  and  referred to the Committee on Consumer Affairs and
  Protection

AN ACT to amend the general business law and the public health  law,  in
  relation to requiring the department of health to review the safety of
  ultraviolet  nail  dryers  and authorizing the department of health to
  promulgate any regulations deemed appropriate for governing the use of
  such devices by any appearance enhancement business

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
404-c to read as follows:
  S 404-C.  ULTRAVIOLET NAIL DRYING DEVICES. 1. "ULTRAVIOLET NAIL DRYING
DEVICE"  SHALL  MEAN ANY EQUIPMENT WHICH IS DESIGNED TO EMIT ELECTROMAG-
NETIC RADIATION IN THE  WAVELENGTH  INTERVAL  OF  TWO  HUNDRED  TO  FOUR
HUNDRED  NANOMETERS  IN AIR, AND WHICH IS INTENDED TO INDUCE NAIL CURING
OR HARDENING THROUGH IRRADIATION.
  2. IF THE COMMISSIONER OF HEALTH MAKES  A  DETERMINATION  PURSUANT  TO
SECTION  THIRTY-FIVE  HUNDRED  FIFTY-SIX  OF  THE PUBLIC HEALTH LAW THAT
ULTRAVIOLET NAIL DRYING DEVICES POSE  A  HEALTH  HAZARD  TO  USERS,  ANY
APPEARANCE ENHANCEMENT BUSINESS SHALL PROMINENTLY POST THE NOTICE DEVEL-
OPED  BY  THE  COMMISSIONER OF HEALTH REGARDING SUCH HEALTH HAZARD IN AN
AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE PLACE
WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO THIS ARTICLE IS
CONDUCTED. THE DEPARTMENT OF HEALTH SHALL PREPARE  AND  MAKE  SUCH  SIGN
AVAILABLE TO EACH LICENSEE.
  3.  IF  THE  COMMISSIONER  OF HEALTH MAKES A DETERMINATION PURSUANT TO
SECTION THIRTY-FIVE HUNDRED FIFTY-SIX OF  THE  PUBLIC  HEALTH  LAW  THAT
ULTRAVIOLET  NAIL  DRYING  DEVICES  POSE  A  HEALTH HAZARD TO USERS, ANY
APPEARANCE ENHANCEMENT BUSINESS THAT UTILIZES SUCH DEVICES SHALL  COMPLY

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

                                                           LBD04425-01-3

A. 734                              2

WITH  ANY AND ALL REGULATIONS ADOPTED BY THE DEPARTMENT OF HEALTH PURSU-
ANT TO SUCH SECTION.
  S 2. Section 3550 of the public health law, as added by chapter 378 of
the laws of 1990, is amended to read as follows:
  S  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 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 treatment of medical conditions.
  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.  "ULTRAVIOLET NAIL DRYING 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 NAIL CURING OR HARDENING THROUGH IRRADIATION.
  4.  "Person" shall mean an individual, corporation, partnership, joint
venture, or any business entity.
  S 3. The public health law is amended by adding a new section 3556  to
read as follows:
  S  3556. ULTRAVIOLET NAIL DRYING DEVICES.  THE DEPARTMENT SHALL REVIEW
THE EXISTING MEDICAL AND SCIENTIFIC LITERATURE, PUBLISHED  REPORTS,  AND
ARTICLES  REGARDING THE POTENTIAL HEALTH HAZARDS ASSOCIATED WITH THE USE
OF ULTRAVIOLET NAIL DRYING DEVICES AND IDENTIFY ANY HEALTH HAZARDS.   AS
PART  OF  SUCH  REVIEW, THE DEPARTMENT SHALL CONSULT WITH EXPERTS IN THE
FIELDS OF SKIN CANCER RESEARCH AND HUMAN EXPOSURE TO ARTIFICIAL ULTRAVI-
OLET RADIATION. THE DEPARTMENT SHALL ALSO  REVIEW  THE  FEASIBILITY  AND
EFFECTIVENESS  OF  REQUIRING APPEARANCE ENHANCEMENT BUSINESSES TO ADVISE
USERS OF ULTRAVIOLET NAIL DRYING DEVICES TO APPLY A SUNSCREEN OR A SIMI-
LAR SUBSTANCE DESIGNED TO BLOCK ULTRAVIOLET RADIATION TO THE  HANDS  AND
WRISTS  PRIOR  TO  USING  SUCH DEVICE.   UPON COMPLETION OF SUCH REVIEW,
BASED ON THE FINDINGS OF THE DEPARTMENT, THE COMMISSIONER MAY PROMULGATE
ANY REGULATIONS DEEMED APPROPRIATE FOR GOVERNING THE USE OF  ULTRAVIOLET
NAIL  DRYING DEVICES BY ANY APPEARANCE ENHANCEMENT BUSINESS, REQUIRED TO
BE LICENSED BY THE DEPARTMENT OF STATE PURSUANT TO ARTICLE  TWENTY-SEVEN
OF  THE  GENERAL  BUSINESS  LAW.  IF PROMULGATED, SUCH REGULATIONS SHALL
INCLUDE A REQUIREMENT THAT ANY APPEARANCE ENHANCEMENT  BUSINESS  POST  A
NOTICE  REGARDING ANY HEALTH HAZARDS ASSOCIATED WITH THE USE OF ULTRAVI-
OLET NAIL DRYERS AND ANY STEPS USERS MAY TAKE TO MITIGATE  SUCH  HAZARDS
IN AN AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE
PLACE  WHERE  THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO ARTICLE
TWENTY-SEVEN OF THE GENERAL BUSINESS LAW IS CONDUCTED.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner of health  is
authorized  to, on or before such date, promulgate any and all rules and
regulations and take any other measures necessary to implement this  act
on its effective date.