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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY McGEEHAN, QUINN, BROWN, D. COSTA, DONATUCCI, FRANKEL, GERBER, HORNAMAN, JOSEPHS, KILLION, MANDERINO, McILVAINE SMITH, MYERS, SIPTROTH, SWANGER AND YOUNGBLOOD, SEPTEMBER 21, 2009 |
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| REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, SEPTEMBER 21, 2009 |
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| AN ACT |
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1 | Providing for the regulation of tanning facilities and for |
2 | powers and duties of the Department of Health; and |
3 | prescribing penalties. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | CHAPTER 1 |
7 | PRELIMINARY PROVISIONS |
8 | Section 101. Short title. |
9 | This act shall be known and may be cited as the Tanning |
10 | Facility Regulation Act. |
11 | Section 102. Purpose. |
12 | The purpose of this act is to provide for the regulation of |
13 | tanning facilities throughout this Commonwealth to better |
14 | provide for the health and welfare of the residents of this |
15 | Commonwealth. |
16 | Section 103. Definitions. |
17 | The following words and phrases when used in this act shall |
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1 | have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "Customer." A member of the public who is provided access to |
4 | a tanning facility in exchange for a fee or other compensation |
5 | or any individual who, in exchange for a fee or other |
6 | compensation, is afforded use of a tanning facility as a |
7 | condition or benefit of membership or access. |
8 | "Department." The Department of Health of the Commonwealth. |
9 | "Minor." An individual younger than 18 years of age. |
10 | "Operator." An individual designated by the licensee to |
11 | control operation of the tanning facility and to instruct and |
12 | assist the customer in the proper operation of the tanning |
13 | equipment. |
14 | "Person." An individual, partnership, corporation or |
15 | association. |
16 | "Tanning equipment." Equipment that emits radiation used for |
17 | tanning of the skin, such as a sunlamp, tanning booth or tanning |
18 | bed that emits electromagnetic radiation with wavelengths in the |
19 | air between 200 and 400 nanometers. The term includes any |
20 | accompanying equipment, including, but not limited to, timers, |
21 | ballasts, starters, lamps, reflectors, cooling fans, acrylics, |
22 | comfort pillows and handrails. |
23 | "Tanning facility." A location, place, area, structure or |
24 | business which provides customers access to any tanning |
25 | equipment. |
26 | CHAPTER 3 |
27 | REGULATION |
28 | Section 301. Restrictions on use by minors. |
29 | (a) Consent.--A tanning facility shall not permit a minor |
30 | between 14 and 18 years of age to use any tanning equipment |
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1 | unless the minor provides a consent form signed by the minor's |
2 | parent or legal guardian at the time of first exposure and the |
3 | signature of the consent form is witnessed by an operator. The |
4 | department shall promulgate consistent with subsection (b) |
5 | appropriate model language for the consent form to be used by |
6 | tanning facilities. |
7 | (b) Form.--The consent form shall include the following |
8 | warnings: |
9 | (1) Failure to use eye protection may result in damage |
10 | to the eyes. |
11 | (2) Overexposure to ultraviolet light causes burns. |
12 | (3) Repeated exposure may result in premature aging of |
13 | the skin and skin cancer. |
14 | (4) Abnormal skin sensitivity or burning may be caused |
15 | by reactions of ultraviolet light to certain: |
16 | (i) Foods. |
17 | (ii) Cosmetics. |
18 | (iii) Medications, including: |
19 | (A) Tranquilizers. |
20 | (B) Diuretics. |
21 | (C) Antibiotics. |
22 | (D) High blood pressure medicines. |
23 | (E) Birth control pills. |
24 | (5) Any person taking a prescription or over-the-counter |
25 | drug should consult a physician before using tanning |
26 | equipment. |
27 | (6) A person with skin that always burns easily and |
28 | never tans should avoid tanning equipment. |
29 | (7) A person with a family or past medical history of |
30 | skin cancer should avoid tanning equipment. |
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1 | (c) Medical necessity.--A minor under 14 years of age may |
2 | not use tanning equipment unless deemed medically necessary as |
3 | evidenced by a prescription from a health care professional |
4 | authorized and licensed by law to prescribe drugs. |
5 | (d) Withdrawal of consent.--The minor's parent or legal |
6 | guardian may withdraw the consent form at any time. Unless so |
7 | withdrawn, the consent form shall expire one year from |
8 | signature. A new consent form as prescribed by this section |
9 | shall be provided by the minor at the expiration of one year |
10 | following the signing of the consent form for the minor to use a |
11 | tanning facility. |
12 | Section 302. Warning signs and statements. |
13 | (a) Warning signs and statements describing hazards.--A |
14 | tanning facility shall post a warning sign in a conspicuous |
15 | location that is readily visible without any obstruction to |
16 | persons about to use the tanning equipment. The sign shall have |
17 | dimensions not less than 11 inches by 17 inches. Lettering must |
18 | be clear, legible and at least 0.25 inches high. The sign shall |
19 | display the following: |
20 | (1) "Danger--ultraviolet radiation is carcinogenic to |
21 | humans," in letters at least 0.5 inches high. |
22 | (2) "Follow the manufacturer's instructions for use of |
23 | this equipment." |
24 | (3) "Avoid overexposure. As with natural sunlight, |
25 | overexposure can cause eye and skin injury and allergic |
26 | reactions. Repeated exposure to ultraviolet radiation may |
27 | cause chronic sun damage characterized by wrinkling, dryness, |
28 | fragility, bruising of the skin and skin cancer." |
29 | (4) "Do not sunbathe before or after exposure to |
30 | ultraviolet radiation from sunlamps." |
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1 | (5) "Wear protective eyewear. Failure to use protective |
2 | eyewear may result in severe burns or permanent injury to the |
3 | eyes." |
4 | (6) "Medications or cosmetics may increase your |
5 | sensitivity to the ultraviolet radiation. Consult a physician |
6 | before using a sunlamp if you are using medications, have a |
7 | history of skin problems or believe you are especially |
8 | sensitive to sunlight. Women who are pregnant or are taking |
9 | oral contraceptives who use this product may develop |
10 | discolored skin." |
11 | (7) "You may call the Department of Health at (insert |
12 | telephone number) to report an alleged injury regarding this |
13 | tanning facility." |
14 | (8) "If you do not tan in the sun, you are unlikely to |
15 | tan from use of an ultraviolet lamp or sunlamp." |
16 | Section 303. Liability. |
17 | The consent form provided under section 301 shall not affect |
18 | the liability of the owner, manager or operators of a tanning |
19 | facility in the event that a customer incurs damages. |
20 | Section 304. Duty. |
21 | It shall be the duty of the tanning facility owner to ensure |
22 | that each customer utilizing the tanning facility is of legal |
23 | age to do so. The tanning facility licensee shall be held |
24 | responsible for the use of the tanning facility by anyone |
25 | younger than 18 years of age who does not submit a consent form |
26 | as prescribed in section 301. |
27 | Section 305. Records. |
28 | Records of consent forms and reports of injuries shall be |
29 | maintained for all minor customers of the tanning facility for a |
30 | period of at least three years from the date of signature. |
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1 | Records shall be maintained on the premises and made available |
2 | for review by the department upon request. |
3 | CHAPTER 5 |
4 | ADMINISTRATION AND ENFORCEMENT |
5 | Section 501. Penalties. |
6 | A licensee shall be assessed the following fines by the |
7 | department for a violation of this act: |
8 | (1) For a first violation, $250. |
9 | (2) For a second violation, $500. |
10 | (3) For a third or subsequent violation, $1,000. |
11 | Section 502. Regulations. |
12 | The department shall promulgate any necessary rules and |
13 | regulations to implement this act. |
14 | CHAPTER 21 |
15 | MISCELLANEOUS PROVISIONS |
16 | Section 2101. Effective date. |
17 | This act shall take effect in 60 days. |
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