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.

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.