S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2276
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M. of A. ROSENTHAL, ARROYO, CYMBROWITZ, ROZIC, SEAWRIGHT
   -- Multi-Sponsored by -- M. of A. PERRY -- 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  state  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:
   § 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 WHERE THE PRACTICE OF NAIL SPECIALTY  IS
 CONDUCTED  SHALL PROMINENTLY POST THE NOTICE DEVELOPED BY THE DEPARTMENT
 REGARDING SUCH HEALTH HAZARD IN AN AREA CLEARLY VISIBLE  TO  PATRONS  IN
 THE  LICENSED APPEARANCE ENHANCEMENT BUSINESS WHERE THE PRACTICE OF NAIL
 SPECIALTY IS CONDUCTED OR IN  THE  PLACE  WHERE  THE  PRACTICE  OF  NAIL
 SPECIALTY LICENSED PURSUANT TO THIS ARTICLE IS CONDUCTED. THE DEPARTMENT
 SHALL DEVELOP 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.
              

                                                            LBD05363-01-7

 A. 2276                             2
 
 WITH  ANY AND ALL REGULATIONS ADOPTED BY THE DEPARTMENT PURSUANT TO THIS
 ARTICLE.
   § 2. Section 3550 of the public health law, as added by chapter 378 of
 the laws of 1990, is amended to read as follows:
   §  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.
   § 3. The public health law is amended by adding a new section 3556  to
 read as follows:
   §  3556.  ULTRAVIOLET  NAIL  DRYING DEVICES.   1. 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  ULTRAVIOLET  RADIATION. THE DEPARTMENT SHALL ALSO REVIEW THE
 FEASIBILITY AND EFFECTIVENESS OF REQUIRING APPEARANCE ENHANCEMENT  BUSI-
 NESSES CONDUCTING THE PRACTICE OF NAIL SPECIALTY, AS DEFINED IN SUBDIVI-
 SION FOUR OF SECTION FOUR HUNDRED OF THE GENERAL BUSINESS LAW, 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.
   2. UPON COMPLETION OF SUCH  REVIEW,  BASED  ON  THE  FINDINGS  OF  THE
 DEPARTMENT,  THE  DEPARTMENT  OF  STATE  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  CONDUCTING  THE
 PRACTICE  OF  NAIL  SPECIALTY POST A NOTICE REGARDING ANY HEALTH HAZARDS
 ASSOCIATED WITH THE USE OF ULTRAVIOLET 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  OCCU-
 PATION LICENSED PURSUANT TO ARTICLE TWENTY-SEVEN OF THE GENERAL BUSINESS
 LAW IS CONDUCTED.
   §  4. This act shall take effect immediately, except that sections one
 and two of this act, and subdivision 2 of section  3556  of  the  public
 health  law,  as added by section three of this act shall take effect on
 the one hundred twentieth day after this act shall have become a law.