THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY McGEEHAN, QUINN, BROWN, D. COSTA, DONATUCCI, FRANKEL, GERBER, HORNAMAN, JOSEPHS, KILLION, MANDERINO, McILVAINE SMITH, MYERS, SIPTROTH, SWANGER AND YOUNGBLOOD, SEPTEMBER 21, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, SEPTEMBER 21, 2009  

AN ACT

Providing for the regulation of tanning facilities and for

powers and duties of the Department of Health; and

prescribing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Tanning

Facility Regulation Act.

Section 102.  Purpose.

The purpose of this act is to provide for the regulation of

tanning facilities throughout this Commonwealth to better

provide for the health and welfare of the residents of this

Commonwealth.

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Customer."  A member of the public who is provided access to

a tanning facility in exchange for a fee or other compensation

or any individual who, in exchange for a fee or other

compensation, is afforded use of a tanning facility as a

condition or benefit of membership or access.

"Department."  The Department of Health of the Commonwealth.

"Minor."  An individual younger than 18 years of age.

"Operator."  An individual designated by the licensee to

control operation of the tanning facility and to instruct and

assist the customer in the proper operation of the tanning

equipment.

"Person."  An individual, partnership, corporation or

association.

"Tanning equipment."  Equipment that emits radiation used for

tanning of the skin, such as a sunlamp, tanning booth or tanning

bed that emits electromagnetic radiation with wavelengths in the

air between 200 and 400 nanometers. The term includes any

accompanying equipment, including, but not limited to, timers,

ballasts, starters, lamps, reflectors, cooling fans, acrylics,

comfort pillows and handrails.

"Tanning facility."  A location, place, area, structure or

business which provides customers access to any tanning

equipment.

CHAPTER 3

REGULATION

Section 301.  Restrictions on use by minors.

(a)  Consent.--A tanning facility shall not permit a minor

between 14 and 18 years of age to use any tanning equipment

unless the minor provides a consent form signed by the minor's

parent or legal guardian at the time of first exposure and the

signature of the consent form is witnessed by an operator. The

department shall promulgate consistent with subsection (b)

appropriate model language for the consent form to be used by

tanning facilities.

(b)  Form.--The consent form shall include the following

warnings:

(1)  Failure to use eye protection may result in damage

to the eyes.

(2)  Overexposure to ultraviolet light causes burns.

(3)  Repeated exposure may result in premature aging of

the skin and skin cancer.

(4)  Abnormal skin sensitivity or burning may be caused

by reactions of ultraviolet light to certain:

(i)  Foods.

(ii)  Cosmetics.

(iii)  Medications, including:

(A)  Tranquilizers.

(B)  Diuretics.

(C)  Antibiotics.

(D)  High blood pressure medicines.

(E)  Birth control pills.

(5)  Any person taking a prescription or over-the-counter

drug should consult a physician before using tanning

equipment.

(6)  A person with skin that always burns easily and

never tans should avoid tanning equipment.

(7)  A person with a family or past medical history of

skin cancer should avoid tanning equipment.

(c)  Medical necessity.--A minor under 14 years of age may

not use tanning equipment unless deemed medically necessary as

evidenced by a prescription from a health care professional

authorized and licensed by law to prescribe drugs.

(d)  Withdrawal of consent.--The minor's parent or legal

guardian may withdraw the consent form at any time. Unless so

withdrawn, the consent form shall expire one year from

signature. A new consent form as prescribed by this section

shall be provided by the minor at the expiration of one year

following the signing of the consent form for the minor to use a

tanning facility.

Section 302.  Warning signs and statements.

(a)  Warning signs and statements describing hazards.--A

tanning facility shall post a warning sign in a conspicuous

location that is readily visible without any obstruction to

persons about to use the tanning equipment. The sign shall have

dimensions not less than 11 inches by 17 inches. Lettering must

be clear, legible and at least 0.25 inches high. The sign shall

display the following:

(1)  "Danger--ultraviolet radiation is carcinogenic to

humans," in letters at least 0.5 inches high.

(2)  "Follow the manufacturer's instructions for use of

this equipment."

(3)  "Avoid overexposure. As with natural sunlight,

overexposure can cause eye and skin injury and allergic

reactions. Repeated exposure to ultraviolet radiation may

cause chronic sun damage characterized by wrinkling, dryness,

fragility, bruising of the skin and skin cancer."

(4)  "Do not sunbathe before or after exposure to

ultraviolet radiation from sunlamps."

(5)  "Wear protective eyewear. Failure to use protective

eyewear may result in severe burns or permanent injury to the

eyes."

(6)  "Medications or cosmetics may increase your

sensitivity to the ultraviolet radiation. Consult a physician

before using a sunlamp if you are using medications, have a

history of skin problems or believe you are especially

sensitive to sunlight. Women who are pregnant or are taking

oral contraceptives who use this product may develop

discolored skin."

(7)  "You may call the Department of Health at (insert

telephone number) to report an alleged injury regarding this

tanning facility."

(8)  "If you do not tan in the sun, you are unlikely to

tan from use of an ultraviolet lamp or sunlamp."

Section 303.  Liability.

The consent form provided under section 301 shall not affect

the liability of the owner, manager or operators of a tanning

facility in the event that a customer incurs damages.

Section 304.  Duty.

It shall be the duty of the tanning facility owner to ensure

that each customer utilizing the tanning facility is of legal

age to do so. The tanning facility licensee shall be held

responsible for the use of the tanning facility by anyone

younger than 18 years of age who does not submit a consent form

as prescribed in section 301.

Section 305.  Records.

Records of consent forms and reports of injuries shall be

maintained for all minor customers of the tanning facility for a

period of at least three years from the date of signature.

Records shall be maintained on the premises and made available

for review by the department upon request.

CHAPTER 5

ADMINISTRATION AND ENFORCEMENT

Section 501.  Penalties.

A licensee shall be assessed the following fines by the

department for a violation of this act:

(1)  For a first violation, $250.

(2)  For a second violation, $500.

(3)  For a third or subsequent violation, $1,000.

Section 502.  Regulations.

The department shall promulgate any necessary rules and

regulations to implement this act.

CHAPTER 21

MISCELLANEOUS PROVISIONS

Section 2101.  Effective date.

This act shall take effect in 60 days.