COMMITTEE ON LEGISLATION JOINT WITH
COMMITTEE ON HEALTH
MINUTES: August 8, 2005
LEGISLATION MEMBERS: Chair: Rogowsky; Legislators: Pinto, Myers, Bronz, Stewart-Cousins, Oros, Abinanti
HEALTH MEMBERS: Chair: Stewart-Cousins; Legislators: Alvarado, Oros, Abinanti, Myers
IN ATTENDANCE: CEO: B. Randolph, A. Neuman; CA: B. McGrath, E. Cipollo; DOH: C. Archbald; BOL: S. Bass, J. Ng, B. Desoye, M. Amodio: Guests: R. Klem, C. Sauska, L. Jones, C. Bell, S. Hayman, A. Newburger, R. MacLauglin
With a quorum present, the Committee on Legislation was called to order at 1:22 p.m.
MINUTES
(Myers, Pinto) move to approve minutes of July 11, 2005. Motion to approve the Minutes as amended passed 6-0.
With a quorum present, the Committee on Health was called to order at 1:23 p.m.
Mr. Klem is a tanning salon owner in Mt. Kisco. Mr. Sauska is the Director of the Indoor Tanning Association. They made a presentation to the committee about the safety precautions the tanning industry uses. Mr. Klem stated that the industry is self regulated as well as by the Food and Drug Administration (FDA). The FDA requires the tanning equipment have warning labels including each tanning bed and that eyewear be provided. They mentioned there is a great deal of regulation on the production of tanning lamps. All his employees are required to undergo a training course provided by the tanning industry, safe notifications cards are given to customers, and records of customers are well kept. The FDA has only 80 complaints over about 20 years. Less then 5% of their customers are under the age of 18. Having minors receive parental consent may make sense as has been done in other states.
Dr. Amy Newberger is a Dermatologist. She is President of the Westchester Academy of Medicine. She has practiced in Westchester since 1983 and currently has a practice in Scarsdale. Prior to that time she was a full time cancer researcher at the National Institute of Health. She also works for the FDA Center for Devices.
The FDA only approves an item for sale but can not legislate how they are used and has no enforcement capability. The Dr. stated that they can set guidelines but there is no compliance requirement.
Dr. Newberger stated she and her colleges at the American Academy of Dermatology consider indoor tanning a serious issue. The FDA recognizes that indoor tanning is a known carcinogen just like cigarettes. Tanning facilities also need to have a prominent warning label. Children can not buy cigarettes and nor should they be able to tan. We need legislation to ensure compliance with safety standards. The FDA only suggests maximum permissible levels of exposure to indoor tanning. The natural ultraviolet sunlight exposure is less likely to cause problems then indoor tanning. There is data that shows 10 exposures in a lifetime increase the risk of having malignant melanoma almost 700%. In her personal practice every patient who has had a malignant melanoma which is a potentially fatal type of skin cancer under the age of 30 has been a tanning parlor customer. Young people need protection from the tanning salons which are not taking proper safety precautions. This health problem particularly affects young women between the ages of 16-30. Some studies show that as few as 25% of tanning salons enforce wearing eye protection.
Charles Bell of Consumer Union provided statistics from a nationwide study they did which came out in February. Many facilities which were surveyed denied or downplayed the risks of indoor tanning. Levels of exposure were greater then the level recommended by the federal government. Consumer Union recommends the FDA reduce the amount of exposure which people are allowed. Mr. Bell said that it is the opinion of Consumer Union that this is an important area which needs government action. As a consumer organization we do not recommend people get indoor tanning.
Lillian Jones of the American Cancer Society is supportive of legislation to regulate tanning salons. The Cancer Society supports state legislation which prohibits the use of tanning salons under the age of 14. The younger people start tanning the more it increases the chance for skin cancer.
Dr. Archbald of the County Dept of Health discussed that the number of incidents of skin cancer are on the rise. The Department believes it is due to the use of tanning salons. There is a doubling of cases of skin cancer in the last 30 years. We don’t want to focus on whether consumers complain but if there is a health risk. Repeated exposure to ultraviolet radiation does increase the chances for skin cancer. People under the age of 18 develop a routine which puts them at risk. The cumulatively effect over time will cause malignant melanoma. In New York State there has been an increase in malignant melanoma. The World Health Organization has put out information supporting the elimination of the use of tanning salons by kids under the age of 18.
Legislator Pinto requested copies of state legislation to regulate tanning salons be distributed to members of the Committee’s.
Chairman Rogowsky suggested we review the information we received and have another discussion in the near future. We will hold a working meeting to decide if and what we want to do legislatively. We have a number of other legislative items to complete before the end of the year. They include Plumbing Legislation, Healthy Air Task Force, Ethics, and Taxi accessibility for people with disabilities in addition to this tanning salon regulation. We will meet next after Labor Day.
(Pinto, Myers) Move to adjourn the Legislation Committee. Motion passed 5-0. The committee adjourned at 2:33 P.M.
(Abinanti, Myers) Move to adjourn the Committee on Health. Motion passed 3-0. The committee adjourned at 2:33 P.M.
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