Melanoma affects millions

Melanoma skin cancer affects 1 million Americans each year with young women between the ages of 25 and 29 particularly prone to melanoma from tanning bed ultraviolet ray exposure. Statistics such as these were considered by the county Legislature this month during deliberation over a proposed local law to ban commercial tanning bed use by teens between the ages of 16 and 18.

Tanning ban legislation is currently being considered on the state level and for several months has been the topic of discussion at the Dutchess County Board of Health. I was pleased to see this issue brought before the county Legislature — not just the health board — because the multi-layered policy discussions that ensue appear most appropriate for lawmaker consideration.

Coincidentally, this tanning ban legislation was submitted at the same time as my proposal to scale back the delegated powers to the Board of Health. My discomfort with the health board has been its broad discretionary powers — that includes (although seldom exercised) forming policy and rules with sanctions that could include up to six-months’ jail time.

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While we are fortunate to have several very devoted volunteers who serve for six-year terms (including Millbrook’s Dr. William S. Augerson), health board members are appointed and therefore not accountable to the electorate the way legislators are. Also, because legislators must seek re-election every two years, which requires us to interface with voters about what’s on their mind, we are in a much better position to represent the public’s will.

There is real benefit to a body of health-care professionals developing health-care policy outside of the politically charged environment that can dominate legislative sessions, but not by delegating difficult topics or those that beg for greater public scrutiny.

My proposed local law that was up for discussion in July received considerable legislator input. The version I will submit next month for a vote seeks to retain the health board as a consultative body vested with the power to enact health policy, but will subject their sanction powers to the Legislature’s approval. I also hope to more effectively align the board with the legislative branch — as partners — while requiring that their activities better conform to modern expectations for transparency and open meetings.

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As for tanning, the Legislature debated government’s role in restricting tanning-bed access and whether the ban ought to be all-encompassing or just applicable to minors. Like smoking or trans fats, should it not be left to individual choice? What economic impact will a ban have on health and fitness clubs? Is it government’s role to supplant the will of parents? Might education campaigns or informed consent not achieve the same results while respecting choice?

Regarding the many considerations involved with the tanning ban, one could argue that the Legislature is best suited to balancing philosophy, practicality and policy. Then again, if the health needs are too great and the process becomes too political, an apolitical health board — albeit limited by appropriate checks and balances — could maintain the common good. My law to modify the health board-Legislature relationship will facilitate and allow for both goals.

Michael Kelsey represents the towns of Amenia, Washington, Stanford, Pleasant Valley and the village of Millbrook in the Dutchess County Legislature. Write him at KelseyESQ@yahoo.com.

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