Bill Text: NY S02043 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to requiring the department of health to review the safety of ultraviolet nail dryers and authorizes the department of health to promulgate any regulations deemed appropriate for governing the use of such devices by any appearance enhancement business.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CONSUMER PROTECTION [S02043 Detail]

Download: New_York-2013-S02043-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2043
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business law and the public health  law,  in
         relation to requiring the department of health to review the safety of
         ultraviolet  nail  dryers  and authorizing the department of health to
         promulgate any regulations deemed appropriate for governing the use of
         such devices by any appearance enhancement business
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  404-c to read as follows:
    3    S 404-C.  ULTRAVIOLET NAIL DRYING DEVICES. 1. "ULTRAVIOLET NAIL DRYING
    4  DEVICE"  SHALL  MEAN ANY EQUIPMENT WHICH IS DESIGNED TO EMIT ELECTROMAG-
    5  NETIC RADIATION IN THE  WAVELENGTH  INTERVAL  OF  TWO  HUNDRED  TO  FOUR
    6  HUNDRED  NANOMETERS  IN AIR, AND WHICH IS INTENDED TO INDUCE NAIL CURING
    7  OR HARDENING THROUGH IRRADIATION.
    8    2. IF THE COMMISSIONER OF HEALTH MAKES  A  DETERMINATION  PURSUANT  TO
    9  SECTION  THIRTY-FIVE  HUNDRED  FIFTY-SIX  OF  THE PUBLIC HEALTH LAW THAT
   10  ULTRAVIOLET NAIL DRYING DEVICES POSE  A  HEALTH  HAZARD  TO  USERS,  ANY
   11  APPEARANCE ENHANCEMENT BUSINESS SHALL PROMINENTLY POST THE NOTICE DEVEL-
   12  OPED  BY  THE  COMMISSIONER OF HEALTH REGARDING SUCH HEALTH HAZARD IN AN
   13  AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE PLACE
   14  WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO THIS ARTICLE IS
   15  CONDUCTED. THE DEPARTMENT OF HEALTH SHALL PREPARE  AND  MAKE  SUCH  SIGN
   16  AVAILABLE TO EACH LICENSEE.
   17    3.  IF  THE  COMMISSIONER  OF HEALTH MAKES A DETERMINATION PURSUANT TO
   18  SECTION THIRTY-FIVE HUNDRED FIFTY-SIX OF  THE  PUBLIC  HEALTH  LAW  THAT
   19  ULTRAVIOLET  NAIL  DRYING  DEVICES  POSE  A  HEALTH HAZARD TO USERS, ANY
   20  APPEARANCE ENHANCEMENT BUSINESS THAT UTILIZES SUCH DEVICES SHALL  COMPLY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04425-01-3
       S. 2043                             2
    1  WITH  ANY AND ALL REGULATIONS ADOPTED BY THE DEPARTMENT OF HEALTH PURSU-
    2  ANT TO SUCH SECTION.
    3    S 2. Section 3550 of the public health law, as added by chapter 378 of
    4  the laws of 1990, is amended to read as follows:
    5    S  3550.  Definitions.  When used in this article, the following words
    6  and phrases shall have the meanings ascribed to them in this section:
    7    1. "Tanning facility" shall mean any establishment where one  or  more
    8  ultraviolet radiation device is used, offered, or made available for use
    9  by  any human being, for which a fee is charged, directly or indirectly,
   10  but shall not include any facility where any such device is  used  by  a
   11  qualified health care professional for treatment of medical conditions.
   12    2.  "Ultraviolet  radiation  device" shall mean any equipment which is
   13  designed to emit electromagnetic radiation in the wavelength interval of
   14  two hundred to four hundred nanometers in air, and which is intended  to
   15  induce tanning of the human skin through irradiation, including, but not
   16  limited to, a sunlamp, tanning booth, or tanning bed.
   17    3.  "ULTRAVIOLET NAIL DRYING DEVICE" SHALL MEAN ANY EQUIPMENT WHICH IS
   18  DESIGNED TO EMIT ELECTROMAGNETIC RADIATION IN THE WAVELENGTH INTERVAL OF
   19  TWO HUNDRED TO FOUR HUNDRED NANOMETERS IN AIR, AND WHICH IS INTENDED  TO
   20  INDUCE NAIL CURING OR HARDENING THROUGH IRRADIATION.
   21    4.  "Person" shall mean an individual, corporation, partnership, joint
   22  venture, or any business entity.
   23    S 3. The public health law is amended by adding a new section 3556  to
   24  read as follows:
   25    S  3556. ULTRAVIOLET NAIL DRYING DEVICES.  THE DEPARTMENT SHALL REVIEW
   26  THE EXISTING MEDICAL AND SCIENTIFIC LITERATURE, PUBLISHED  REPORTS,  AND
   27  ARTICLES  REGARDING THE POTENTIAL HEALTH HAZARDS ASSOCIATED WITH THE USE
   28  OF ULTRAVIOLET NAIL DRYING DEVICES AND IDENTIFY ANY HEALTH HAZARDS.   AS
   29  PART  OF  SUCH  REVIEW, THE DEPARTMENT SHALL CONSULT WITH EXPERTS IN THE
   30  FIELDS OF SKIN CANCER RESEARCH AND HUMAN EXPOSURE TO ARTIFICIAL ULTRAVI-
   31  OLET RADIATION. THE DEPARTMENT SHALL ALSO  REVIEW  THE  FEASIBILITY  AND
   32  EFFECTIVENESS  OF  REQUIRING APPEARANCE ENHANCEMENT BUSINESSES TO ADVISE
   33  USERS OF ULTRAVIOLET NAIL DRYING DEVICES TO APPLY A SUNSCREEN OR A SIMI-
   34  LAR SUBSTANCE DESIGNED TO BLOCK ULTRAVIOLET RADIATION TO THE  HANDS  AND
   35  WRISTS  PRIOR  TO  USING  SUCH DEVICE.   UPON COMPLETION OF SUCH REVIEW,
   36  BASED ON THE FINDINGS OF THE DEPARTMENT, THE COMMISSIONER MAY PROMULGATE
   37  ANY REGULATIONS DEEMED APPROPRIATE FOR GOVERNING THE USE OF  ULTRAVIOLET
   38  NAIL  DRYING DEVICES BY ANY APPEARANCE ENHANCEMENT BUSINESS, REQUIRED TO
   39  BE LICENSED BY THE DEPARTMENT OF STATE PURSUANT TO ARTICLE  TWENTY-SEVEN
   40  OF  THE  GENERAL  BUSINESS  LAW.  IF PROMULGATED, SUCH REGULATIONS SHALL
   41  INCLUDE A REQUIREMENT THAT ANY APPEARANCE ENHANCEMENT  BUSINESS  POST  A
   42  NOTICE  REGARDING ANY HEALTH HAZARDS ASSOCIATED WITH THE USE OF ULTRAVI-
   43  OLET NAIL DRYERS AND ANY STEPS USERS MAY TAKE TO MITIGATE  SUCH  HAZARDS
   44  IN AN AREA CLEARLY VISIBLE TO PATRONS IN THE LICENSED PREMISES OR IN THE
   45  PLACE  WHERE  THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO ARTICLE
   46  TWENTY-SEVEN OF THE GENERAL BUSINESS LAW IS CONDUCTED.
   47    S 4. This act shall take effect on the one hundred twentieth day after
   48  it shall have become a law; provided that the commissioner of health  is
   49  authorized  to, on or before such date, promulgate any and all rules and
   50  regulations and take any other measures necessary to implement this  act
   51  on its effective date.