N.Y. Public Health Law 3554 – Powers and duties of the commissioner
§ 3554. Powers and duties of the commissioner. 1. The commissioner shall inspect each tanning facility licensed under this article and each ultraviolet radiation device used, offered, or made available for use in such facility, not less than biennially. The commissioner may establish a fee for such inspection, which shall not exceed two hundred dollars per ultraviolet radiation device; provided, however, that no facility shall be required to pay any such fee on more than one occasion in any biennial registration period. The commissioner may appoint and designate, from time to time, persons to make the inspections authorized by this article.
Terms Used In N.Y. Public Health Law 3554
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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, 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. See N.Y. Public Health Law 3550
- 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. See N.Y. Public Health Law 3550
2. The commissioner shall promulgate rules and regulations to carry out the provisions of this article, including, but not limited to, regulations:
(a) requiring each tanning facility to conspicuously post the license required by this article, and appropriate warning signs as prescribed by the commissioner;
(b) requiring each tanning facility to provide informational pamphlets to customers advising of conditions, such as the use of photosensitizing drugs, under which the use of ultraviolet radiation is contraindicated;
(c) establishing standards for cleanliness, hygiene and safety; and
(d) requiring each tanning facility to provide safety goggles and any other safety-related devices to customers without additional charge therefor.
3. The commissioner may by regulation authorize any county department of health to administer this section within its jurisdiction.