What's happening
This bill prohibits anyone 17 years old and under from using tanning beds, removing previous parental consent exceptions for 17-year-olds.
Why it matters
Removes the ability for 17-year-olds to use tanning beds with parental consent. , closing a loophole in prior law that allowed their access if a parent or guardian approved, thereby increasing protections for older teenagers.
Expands the total ban on tanning bed use to all minors under 18. , aligning with medical recommendations to reduce exposure to ultraviolet radiation in youth—a known risk factor for skin cancer, including melanoma.
Eliminates administrative burdens on tanning facilities related to tracking parental consent forms for 17-year-olds. , simplifying compliance and enforcement by making the rule clear and uniform for anyone under 18.
May contribute to long-term public health cost savings. by reducing future cases of skin cancer and related illnesses that are linked to early and repeated UV exposure, benefiting both individuals and the healthcare system.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Tanning for Teens
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
57
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. HOYLMAN -- 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 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05714-01-7
S. 57 2
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] seventeen 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 on the ninetieth day after it shall have become a law.
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 ultraviolet radiation devices
Purpose
This legislation would prohibit the use of tanning facilities by people under the age of eighteen.
Summary of provisions
Section 1 amends Section 3555 of the public health law to require that no owner, operator, or employee of a tanning facility shall permit the use of a tanning facility to any person unless they have shown a valid ID indicating that they are at least eighteen years old, have signed a written statement acknowledging that they have been made aware of the danger of using tanning facilities, and have agreed to wear safety goggles.
Read the full memo (661 words)
It also removes provisions allowing persons between seventeen and eighteen years of age to use tanning facilities with permission of a parent or legal guardian, and replaces them with a requirement that no owner, operator, or employee of a tanning facility shall permit the use of an ultraviolet radiation device by persons seventeen years of age and under.
It also establishes that this law shall preempt any contrary local law or ordinance, except when a local law or ordinance imposes additional stricter restrictions on the use and operation of ultraviolet tanning devices.
Section 2 establishes that this act shall take effect on the ninetieth day after it shall have become a law.
Justification
The use of ultraviolet tanning beds has proven time and time again to be extraordinarily detrimental to the long-term health of users, especially to those under the age of 18. The International Agency for Research on Cancer (IARC), a panel of experts convened by the World Health Organization, has found that the risk of developing melanoma of the skin increases by 75 percent when tanning bed use starts before the age of 35. According to the FDA, tanning can also cause premature aging, immune suppression, irreversible eye damage, and allergic reactions (including rashes).
The FDA is concerned about the use of tanning beds by children and teenagers, as they are particularly susceptible to the effects of intense ultraviolet radiation. In a 2009 study, the FDA found that less than 11 percent of tanning facilities followed the FDA's recommended exposure schedule of three or fewer sessions the first week. About 71 percent said they would allow a teen to tan all seven days the first week, and many promoted frequent tanning with "unlimited tanning" discount price packages. This demonstrates a flagrant disregard for the safety and well-being of teens, who are in need of the most protection from harmful UV rays.
A recent New York Times article on this issue also noted that the incidence rate of melanoma in women under 40 has risen by a third since 1990. However, encouragingly, due to widespread implementation of restrictions on tanning by minors, the number of teen girls who use tanning salons has fallen from around 25 percent in 2009 to around 20 percent in 2013. This is particularly good news considering the fact that in 2011, the Times reported that frequent tanning causes changes in brain activity that mimic drug addiction, which provides an example of how habit-forming tanning can become for young teens.
There is a clear consensus among major health and skin care organizations that there is a conclusive link between exposure to intense ultraviolet radiation and melanoma. In the face of such overwhelming scientific evidence of the dangers of tanning, action should be taken to limit the exposure of teens to this addictive, harmful, short-sighted practice. This legislation would help to drive down the incidences of skin cancer in the State of New York and would discourage teens from beginning to tan in the first place.
Prior legislative history
S.5008 of 2015-2016 (Hoylman) - Died in Health
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.