N.Y. Pub. Health Law § 3555
Restrictions on the use of ultraviolet radiation devices
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2019
As of January 1, 2015
§ 3555. Restrictions on the use of ultraviolet radiation devices. 1.\nNo owner, operator, or employee of a tanning facility shall permit the\nuse of the tanning facility by a person eighteen years of age or older\nuntil such person provides a driver's license or other photographic\nidentification card issued by a government entity or educational\ninstitution indicating that the individual is at least eighteen years of\nage and the facility has on file a signed written statement, in a form\nprescribed by the commissioner, acknowledging that such person has read\nthe warnings required under subdivision two of section thirty-five\nhundred fifty-four of this article and agrees to wear safety goggles\nbefore using an ultraviolet radiation device. Such signed statement of\nacknowledgment may be retained by the tanning facility off premises\nprovided that an electronic image or facsimile of the original signed\nstatement of acknowledgment is readily available by the owner or\nemployee responsible for the operation of the ultraviolet radiation\ndevice of such facility.\n 2. No owner, operator, or employee of a tanning facility shall permit\nthe use of an ultraviolet radiation device by a person seventeen to\neighteen years of age until such person provides the tanning facility\nwith the written consent, in a form prescribed by the commissioner, of a\nparent or legal guardian to use such tanning facility. The parent or\nlegal guardian shall sign such consent form in the presence of the owner\nof the tanning facility or an employee responsible for the operation of\nthe ultraviolet radiation device of such facility indicating that such\nparent or guardian has read the warnings required under subdivision two\nof section thirty-five hundred fifty-four of this article and that the\nperson seventeen to eighteen years of age agrees to wear safety goggles\nbefore using an ultraviolet radiation device. Such original written\nconsent shall be retained by the tanning facility for a period of twelve\nmonths and may be retained off premises provided that an electronic\nimage or facsimile of the original signed consent form is readily\navailable by the owner or employee responsible for the operation of the\nultraviolet radiation device of such facility.\n ** 3. A written consent form signed by a parent or legal guardian\npursuant to subdivision two of this section shall expire twelve months\nfrom the date it is signed by the parent or legal guardian. Upon the\nexpiration of a written consent form, a new written consent shall be\nprovided in the manner prescribed in subdivision two of this section\nprior to the use of an ultraviolet radiation device by any person\nseventeen to eighteen years of age.\n ** NB There are 2 sb 3's\n 4. No owner, operator, or employee of a tanning facility shall permit\nthe use of an ultraviolet radiation device by persons sixteen years of\nage and under.\n ** 3. This section shall be exclusive and shall preempt any contrary\nlocal law or ordinance, except that this section shall not preempt or\nsupersede local laws or ordinances imposing additional stricter\nrestrictions on the use and operation of ultraviolet radiation devices\nat tanning facilities which are in effect prior to the effective date of\nthis section.\n ** NB There are 2 sb 3's\n
§ 3555. Restrictions on the use of ultraviolet radiation devices. 1.\nNo owner, operator, or employee of a tanning facility shall permit the\nuse of the tanning facility by a person eighteen years of age or older\nuntil such person provides a driver's license or other photographic\nidentification card issued by a government entity or educational\ninstitution indicating that the individual is at least eighteen years of\nage and the facility has on file a signed written statement, in a form\nprescribed by the commissioner, acknowledging that such person has read\nthe warnings required under subdivision two of section thirty-five\nhundred fifty-four of this article and agrees to wear safety goggles\nbefore using an ultraviolet radiation device. Such signed statement of\nacknowledgment may be retained by the tanning facility off premises\nprovided that an electronic image or facsimile of the original signed\nstatement of acknowledgment is readily available by the owner or\nemployee responsible for the operation of the ultraviolet radiation\ndevice of such facility.\n 2. No owner, operator, or employee of a tanning facility shall permit\nthe use of an ultraviolet radiation device by a person under eighteen\nyears of age.\n 3. This section shall be exclusive and shall preempt any contrary\nlocal law or ordinance, except that this section shall not preempt or\nsupersede local laws or ordinances imposing additional stricter\nrestrictions on the use and operation of ultraviolet radiation devices\nat tanning facilities which are in effect prior to the effective date of\nthis section.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.