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S250Senate2017-2018 Session

Ban Teen Tanning Beds

Official title

“Prohibits anyone under eighteen years of age from using an ultraviolet radiation device”

Sponsor Todd KaminskySD-9Affects Health
Status
In Senate Committee
Health
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill prohibits anyone under 18 from using tanning facility ultraviolet radiation devices, removing previous exceptions for parental consent.

Why it matters

  1. Removes all exceptions for minors. The bill eliminates the previous rule that allowed 17-year-olds to use tanning devices with parental consent, making it a blanket prohibition for anyone under 18, regardless of parental involvement.

  2. Strengthens youth health protections. By closing the parental consent loophole, the law aims to further reduce UV exposure among minors, addressing concerns about increased risks of skin cancer and other UV-related health issues in adolescents.

  3. Statewide uniformity—but allows stricter local rules. The bill maintains that local governments cannot set looser regulations than the state, but any stricter local laws already in effect are preserved, ensuring that the most protective standards apply where they exist.

  4. Increases compliance responsibilities for tanning businesses. Tanning facilities must now verify that all clients are 18 or older without exceptions, potentially changing how they check IDs and maintain records, and reducing legal ambiguities around underage use.

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Who cares

Headline styles

Ban Teen Tanning Beds

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Todd Kaminsky

Senator · Senate District 9

No co-sponsors yet.

History

  1. Referred to health
  2. Referred to health

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

250

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sen. KAMINSKY -- 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 restrictions on the use of ultraviolet radiation devices

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. 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 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 employee 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 commissioner, 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03968-01-7

S. 250 2

the owner of the tanning facility or an employee responsible for the operation of the ultraviolet radiation device of such facility indicating that such parent or guardian has read the warnings required under subdivision two of section thirty-five hundred fifty-four of this article 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 pursuant to subdivision two of this section shall expire twelve months from the date it is signed by the parent or legal guardian. Upon the expiration 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 eighteen 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.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to restrictions on the use of ultraviolet radiation devices

Purpose or general idea of bill

To prohibit children under 18 years of age from using an ultra-violet radiation device.

Summary of specific provisions

Section 3555 of the public health law, as amended by Chapter 105 of the laws of 2012, is amended to prohibit a person under the age of 18 from using an ultraviolet radiation device.

Existing law

Current law prohibits children under 17 years of age from using an ultraviolet radiation device. This bill would add 17 year olds to those prohibited.

Justification

According to the American Cancer Society, skin cancer is the most common of all cancers. About 3.5 million cases of basal and squamous cell skin cancer are diagnosed in this country each year. The World Health Organization has added tanning devices to the same category as tobacco and asbestos, marking them as "carcinogenic to humans."

Because the harmful effects of UV exposure accumulate over time, indoor tanning devices pose a greater risk for children and teens by boosting overall lifetime exposure. 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 demonstrate that indoor tanning increases significantly among high school females, from 12.9% usage in 9th graders to 27.2% usage among 12th graders. Given these statistics, we must ensure that our older teenagers, as well as our younger teens, are protected from the harmful effects of indoor tanning devices.

The US Food and Drug Administration is presently undertaking a lengthy process of reviewing current 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

S.7546 of 2016 - Health Committee Chapter 205 of 2012 prohibited indoor tanning for children 16 and under.

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.