What's happening
This bill bans anyone under 18 from using tanning facilities in New York, removing previous parental consent exceptions.
Why it matters
Eliminates all exceptions for minors. The bill removes the previous rule that allowed 17-year-olds to use tanning facilities with parental consent, making it a complete ban for anyone under 18, regardless of parental involvement or approval.
Strengthens youth health protections. By prohibiting access for all minors, the law aims to reduce the risk of skin cancer and other health issues linked to early and frequent exposure to artificial UV radiation.
Standardizes enforcement statewide. The bill prevents local governments from adopting weaker regulations, ensuring the age restriction is consistent across New York, though localities can still implement stricter rules if they existed before this law.
Reflects a public health shift. The move responds to mounting evidence and advocacy from health organizations warning about the dangers of indoor tanning for adolescents, signaling a shift toward prioritizing long-term health over personal or parental choice in this area.
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Who cares
Headline styles
Ban Tanning for Minors
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
History
- Substituted by A7218A
- Advanced to third reading
- 2nd report cal.
- 1st report cal.198
- Referred to health
- Print number 5585a
- Amend and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Teen Tanning Beds
Signed by Governor · Sponsor Ellen C. Jaffee
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5585--A
2017-2018 Regular Sessions
IN SENATE
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 -- 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 Assembly, 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 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 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 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.
§ 3. 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 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.