N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 72-1.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 72-1.2 - Application

(a) The requirements of this Subpart shall apply to all tanning facilities except where ultraviolet radiation devices are used by a qualified health care professional for treatment of medical conditions.

(b) A county or other local jurisdiction may apply to the department for approval of a program for the regulation of tanning facilities within its jurisdiction. When such approval is given, the Department of Health, or equivalent agency of such county or other local jurisdiction, may enact and enforce local regulations governing such program.

(c) Any local regulations issued pursuant to subdivision (b) of this section must be at least as protective as any related requirements in this Subpart, and may include, but are not limited to, provisions relating to the following:

(1) the conspicuous posting of the tanning facility's permit and appropriate warning signs;

(2) the required provision of informational materials by tanning facilities, which may include, but need not be limited to, an advisory to customers of conditions, such as the use of photosensitizing drugs, under which the use of ultraviolet radiation is contraindicated;

(3) standards for cleanliness, hygiene and safety;

(4) the requirement that each tanning facility provide adequate protective eyewear to customers without additional charge therefor;

(5) the reporting of injury or illness related to the use of ultraviolet radiation devices;

(6) requiring tanning facilities to maintain specified records;

(7) requiring patrons to provide identification and sign a statement of acknowledgment prior to undergoing ultraviolent radiation exposure at a tanning facility ;

(8) requiring tanning facilities to prohibit the use of ultraviolet radiation devices by persons under eighteen (18) years of age.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 72-1.2

Amended New York State Register January 5, 2022/Volume XLIV, Issue 01, eff. 1/5/2022