NY State Senate Bill 2017-S5585

Archive: Last Bill Status Via A7218 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 16, 2018	signed chap.194
Aug 13, 2018	delivered to governor
Jun 12, 2018	returned to assembly passed senate 3rd reading cal.198 substituted for s5585a
Jun 12, 2018	substituted by a7218a
Jan 23, 2018	advanced to third reading
Jan 22, 2018	2nd report cal.
Jan 17, 2018	1st report cal.198
Jan 03, 2018	referred to health
May 30, 2017	print number 5585a
May 30, 2017	amend and recommit to health
Apr 18, 2017	referred to health

Votes

- Jun 12, 2018 - Floor Vote
  A7218
  
  59
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2018
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      Funke
      
      Ranzenhofer
      
      excused (2)
      
      Croci
      
      Sepúlveda
  Jan 17, 2018 - Health Committee Vote
  S5585
  
  15
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 17, 2018
      
      aye (15)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      aye wr (2)
      
      Murphy
      
      Tedisco

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S5585 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§3550 & 3555, Pub Health L

2017-S5585 - Summary

Relates to tanning facilities.

2017-S5585 - Sponsor Memo

                                 BILL NUMBER:  S5585

 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 in granting 17 to 18 year olds access
to tanning booths and exempts licensed physicians who use or prescribe
a phototherapy device with respect to a patient of any age.

 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; establishes restrictions on the use
of ultraviolet radiation devices and exempts licensed physicians who
use or prescribe a phototherapy device with respect to a patient of
any age.

 EXISTING LAW :

Current law prohibits children under 16 years of age from using

tanning facilities. This bill would add 17 year olds to those
prohibited and would exempt medical practicing licensed physicians
from upholding this law.

 JUSTIFICATION :

According to the American Cancer Society, skin cancer is the most
diagnosed 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 lies in avoiding the use of indoor tanning facilities. World
Health Organization 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 carcinoma 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
demonstrates that this initiative is simply not enough. Given these
statistics, 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.

 PRIOR LEGISLATIVE HISTORY :


Chapter 278 of 1990k prohibited indoor tanning for children 16 and
under.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S5585 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5585
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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:

   Section  1. 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]  WHETHER  OR  NOT  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  treat-
 ment of medical conditions].
   1-A.  "PHOTOTHERAPY  DEVICE"  MEANS  EQUIPMENT  THAT EMITS ULTRAVIOLET
 RADIATION AND IS USED IN THE DIAGNOSIS OR TREATMENT OF DISEASE OR  INJU-
 RY.
   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.  "Person" shall mean an individual, corporation, partnership, joint
 venture, or any business entity.
   § 2. Section 3555 of the public health law, as amended by chapter  105
 of the laws of 2012, is amended to read as follows:
   §  3555.  Restrictions on the use of ultraviolet radiation devices. 1.
 THIS SECTION SHALL NOT APPLY TO ANY PHYSICIAN WHO IS  DULY  LICENSED  TO
 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
 
 USES OR PRESCRIBES TO BE USED A PHOTOTHERAPY DEVICE WITH  RESPECT  TO  A
 PATIENT OF ANY AGE.
   2.  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 photograph-
 ic  identification  card  issued  by  a government entity or educational
 institution 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.] 3. No owner, operator, or employee of a  tanning  facility  shall
 permit the use of an ultraviolet radiation device by a person [seventeen
 to]  UNDER eighteen years of age [until such person provides the tanning
 facility with the written consent, in a form prescribed by  the  commis-
 sioner,  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 of the tanning facility or an  employee  responsible  for  the
 operation  of the ultraviolet radiation device of such facility indicat-
 ing that such parent or guardian has read the  warnings  required  under
 subdivision  two of section thirty-five hundred fifty-four of this arti-
 cle and that the person seventeen 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 available 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 seventeen 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 sixteen years of
 age and under].
   [3.] 4. 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.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S5585A (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§3550 & 3555, Pub Health L

2017-S5585A (ACTIVE) - Summary

Relates to tanning facilities.

2017-S5585A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5585A

 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 in granting 17 to 18 year olds access
to tanning booths and exempts licensed physicians who use or prescribe
a phototherapy device with respect to a patient of any age.

 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; establishes restrictions on the use
of ultraviolet radiation devices and exempts licensed physicians who
use or prescribe a phototherapy device with respect to a patient of
any age.

 EXISTING LAW :

Current law prohibits children under 16 years of age from using
tanning facilities. This bill would add 17 year olds to those
prohibited and would exempt medical practicing licensed physicians

from upholding this law.

 JUSTIFICATION :

According to the American Cancer Society, skin cancer is the most
diagnosed 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 lies in avoiding the use of indoor tanning facilities. World
Health Organization 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 carcinoma 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
demonstrates that this initiative is simply not enough. Given these
statistics, 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.

 PRIOR LEGISLATIVE HISTORY :

Chapter 278 of 1990k prohibited indoor tanning for children 16 and
under.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S5585A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5585--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2017
                                ___________
 
 Introduced by Sens. BOYLE, ALCANTARA, BRESLIN, BROOKS, COMRIE, KAMINSKY,
   KENNEDY,  KRUEGER, LATIMER, PERSAUD -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted 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:
 
   Section 1. 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] WHETHER OR NOT a fee is charged, direct-
 ly  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.  "Person" shall mean an individual, corporation, partnership, joint
 venture, or any business entity.
   § 2. Section 3555 of the public health law, as amended by chapter  105
 of the laws of 2012, is amended to read as follows:
   §  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

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

                                                            LBD10747-03-7

 S. 5585--A                          2
 
 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  [seventeen  to]
 UNDER  eighteen  years  of  age  [until such person provides the tanning
 facility with the written consent, in a form prescribed by  the  commis-
 sioner,  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 of the tanning facility or an  employee  responsible  for  the
 operation  of the ultraviolet radiation device of such facility indicat-
 ing that such parent or guardian has read the  warnings  required  under
 subdivision  two of section thirty-five hundred fifty-four of this arti-
 cle and that the person seventeen 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 available 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 seventeen 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 sixteen years of
 age and under].
   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.
   § 3. This act shall take effect immediately.

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Senate Bill S5585

Sponsored By

Archive: Last Bill Status Via A7218 - Signed by Governor

Jun 12, 2018 - Floor Vote

Floor Vote: Jun 12, 2018

Jan 17, 2018 - Health Committee Vote

Health Committee Vote: Jan 17, 2018

Bill Amendments

co-Sponsors

2017-S5585 - Details

2017-S5585 - Summary

2017-S5585 - Sponsor Memo

2017-S5585 - Bill Text download pdf

co-Sponsors

2017-S5585A (ACTIVE) - Details

2017-S5585A (ACTIVE) - Summary

2017-S5585A (ACTIVE) - Sponsor Memo

2017-S5585A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5585

Share this bill

Sponsored By

Archive: Last Bill Status Via A7218 - Signed by Governor

Bill Amendments

co-Sponsors

2017-S5585 - Details

2017-S5585 - Summary

2017-S5585 - Sponsor Memo

2017-S5585 - Bill Text download pdf

co-Sponsors

2017-S5585A (ACTIVE) - Details

2017-S5585A (ACTIVE) - Summary

2017-S5585A (ACTIVE) - Sponsor Memo

2017-S5585A (ACTIVE) - Bill Text download pdf

Comments