THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY McGEEHAN, BRADFORD, BRIGGS, D. COSTA, DeLUCA, DONATUCCI, FRANKEL, JOSEPHS, KORTZ, MANN, McILVAINE SMITH, PASHINSKI, SIPTROTH, SOLOBAY, SWANGER, YOUNGBLOOD AND HORNAMAN, OCTOBER 14, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, OCTOBER 14, 2009  

AN ACT

Providing for the regulation of indoor 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:

Section 1.  Short title.

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

Tanning Regulation Act.

Section 2.  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 18 years of age or younger.

"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.

"Phototherapy device."  Equipment that emits ultraviolet

radiation and is used by health care professionals in the

treatment of disease. The term shall not include any of the

following:

(1)  Devices utilized by appropriate health care

professionals under the direct supervision of a physician who

is trained in the use of phototherapy devices.

(2)  Devices used for personal use in a private

residence.

(3)  Devices intended for purposes other than the

irradiation of human skin.

"Tanning equipment or device."  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, such

as protective eyewear, timers and handrails.

"Tanning facility."  Any place where a tanning device is used

for a fee, membership dues or any other compensation.

"Ultraviolet radiation."  Electromagnetic radiation with

wavelengths between 200 and 400 nanometers.

Section 3.  Licensing and fees.

(a)  Requirement.--No person may establish, maintain, operate

or hold itself out as authorized to establish, maintain or

operate a tanning facility without first having obtained a

license issued by the department.

(b)  Application.--A person may apply for a license required

under subsection (a) by submitting an application to the

department on a form prescribed by the department. The form

shall require all of the following information:

(1)  The name, address and telephone number of the

tanning facility and owner.

(2)  The manufacturer, model number and type of each

ultraviolet lamp or tanning device used in the tanning

facility.

(3)  The name of the equipment supplier, installer and

service agent of each ultraviolet lamp or tanning device used

in the tanning facility.

(4)  A signed and dated certification that the applicant

has read and understands the requirements of this act.

(5)  A copy of the operating and safety procedures of the

tanning facility.

(6)  Any additional information required by the

department.

(c)  Determination.--The department shall issue a license to

an applicant upon determination that the applicant meets all of

the requirements of this act.

(d)  Fee.--An applicant shall be required to pay a license

fee of $250 per tanning facility and $50 per tanning device.

(e)  Posting.--A licensee shall post its license in a

location clearly visible to its customers.

(f)  Expiration.--A license shall expire annually on the date

specified in the license.

(g)  Renewal.--A licensee must file an application for

renewal on a form prescribed by the department prior to

expiration of its current license.

(h)  Transfer.--A license shall not be transferable from one

person or one tanning facility to another.

(i)  Denial, suspension or revocation.--The following shall

apply to the denial, suspension or revocation of a license:

(1)  The department shall have the authority to deny,

suspend or revoke licensure for any of the following reasons:

(i)  Submission of false statements in the

application, reports, plans or specifications required

under this act.

(ii)  For conditions that violate this act.

(iii)  Operation of the tanning facility in a manner

that threatens public health or safety.

(iv)  Failure to allow the department to enter the

tanning facility at reasonable hours for inspection or

investigation.

(v)  Failure to pay license fees.

(2)  Except in cases involving public health and safety,

the department shall, prior to suspension or revocation of a

license, provide written notice to the licensee of the facts

or conduct which may warrant suspension or revocation and

shall provide the licensee with an opportunity to demonstrate

or achieve compliance. The licensee may request an

administrative hearing upon receipt of the written notice.

Section 4.  Inspection.

(a)  Time.--The department shall conduct an initial

inspection of a tanning facility after receipt of an application

for a license under section 3 and before the license is granted.

(b)  Conduct.--Inspections conducted by the department under

this section shall encompass all of the following matters:

(1)  The construction and operation of the tanning

facility.

(2)  Review of required records and training

documentation.

(3)  Operator understanding and competency.

(4)  Any other area relating to a requirement of this

act.

Section 5.  Warning signs and statements.

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

tanning facility shall post a warning sign in a place readily

visible to persons entering the establishment. 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, with all

of the following provisions on the sign:

(1)  The wording, "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)  A customer may call the Department of Health at

(insert telephone number) to report an alleged injury

regarding this tanning facility.

(8)  The wording, "IF YOU DO NOT TAN IN THE SUN, YOU ARE

UNLIKELY TO TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP."

(b)  Posting.--The sign under subsection (a) shall also be

posted within three feet of each tanning device, in a

conspicuous location that is readily visible to a person about

to use the device with no obstruction.

(c)  Written warning statement.--A customer shall be provided

with a written warning statement requiring the customer's

signature prior to initial exposure and before renewals of

contracts. The warning statement shall include all of the

following:

(1)  Failure to use the eye protection provided to the

customer by the tanning facility 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; or

(iii)  medications, including:

(A)  tranquilizers;

(B)  diuretics;

(C)  antibiotics;

(D)  high blood pressure medicines; or

(E)  birth control pills.

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

drug should consult a physician before using a tanning

device.

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

never tans should avoid a tanning device.

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

skin cancer should avoid a tanning device.

(d)  Liability.--The warning statement provided under

subsection (c) shall not affect the liability of the owner,

manager or operator of a tanning facility in the event that a

customer fails to follow the warning statement and incurs

damages.

Section 6.  Tanning devices.

(a)  Federal certification.--Only tanning devices

manufactured and certified under 21 CFR 1040.20 (relating to

sunlamp products and ultraviolet lamps intended for use in

sunlamp products) may be used in tanning facilities.

(b)  Device labeling.--A tanning device shall be permanently

labeled in a conspicuous place with the following information:

(1)  The warning statement required under section 5(c).

(2)  Recommended exposure positions.

(3)  Recommended duration and frequency of exposure.

(4)  The length of time before expected results appear.

(5)  Lamp types.

(c)  Tanning device timers.--Tanning device timers shall meet

all of the following requirements:

(1)  Compliance with 21 CFR 1040.20.

(2)  Permit remote timer control by operators so that

customers may not reset the timer.

(3)  Permit manual control for customer in order to

terminate radiation emission.

(d)  Facility temperature.--An operator shall control the

interior of a tanning facility so that it does not exceed 100

degrees Fahrenheit.

(e)  Privacy.--A tanning facility shall adopt and instruct

all employees in procedures to ensure the reasonable privacy of

customers.

(f)  Condition.--All tanning devices shall do all of the

following:

(1)  Meet the National Fire Protection Association's

National Electrical Code and any other State or local

electrical codes.

(2)  Have physical barriers to protect customers from

injury due to touching or breaking lamps.

(3)  Be maintained in good repair.

(g)  Stand-up booths.--Stand-up booths shall meet all of the

following conditions:

(1)  Have physical barriers or other means to indicate

proper exposure distance.

(2)  Be constructed rigidly enough to withstand stress of

use and impact of a falling person.

(3)  Access shall be of rigid construction, doors must

open outwardly and handrails and nonslip floors must be

provided.

(h)  Protective eyewear.--Operators shall require customers

to wear protective eyewear in order to use a tanning device.

When a tanning device is in use, no other person shall be

allowed to remain in the area unless the person wears protective

eyewear. Protective eyewear shall do all of the following:

(1)  Be provided free of charge, along with instructions

for use. Customers may also be given the option to purchase

their own eyewear.

(2)  Meet the requirements of 21 CFR 1040.20.

(3)  Be properly sanitized before each use. Ultraviolet

rays shall not be considered a sanitizing agent.

Section 7.  Operation.

(a)  Presence.--A trained operator must be present when

tanning equipment is operated. The operator must be within

hearing distance to allow the customer to easily summon help if

necessary or the customer must have access to an intercom or

buzzer for the operator and the operator must be able to reach

the customer in 30 seconds.

(b)  Control.--Tanning equipment must have a control that

enables the user to manually terminate radiation without pulling

the electrical plug or coming in contact with the ultraviolet

lamp.

(c)  Instruction.--Operators shall instruct customers in

regard to all of the following:

(1)  The proper position to maintain relative to the

equipment.

(2)  The position of the safety railing, if applicable.

(3)  The operation of the manual switching device to

terminate radiation.

(4)  The maximum time of exposure.

(d)  Customer records.--A record shall be kept of each

customer's total number of tanning visits, date, time and

duration of each, as well as medications taken and any injuries

or illness resulting from the use of the device.

(e)  Reports of injuries.--A written or oral report of any

tanning injury must be provided to the department by the end of

the next working day after its occurrence or upon gaining

knowledge of the accident. The report shall include the name of

the affected individual, the name and location of the tanning

facility, the nature of injury, the name and address of a health

care provider, if applicable, and any other relevant

information. The department shall send reports of all injuries

to the United States Food and Drug Administration.

(f)  Bulbs.--At intervals required by the manufacturer, bulbs

shall be replaced with a kind intended for use in that device or

with lamps or filters considered equivalent under United States

Food and Drug Administration regulations at the time of

manufacture. Records shall be maintained and accessible to

customers. Facilities must also post dates of bulb changing

where visible on every tanning device. The requirements of this

subsection shall also apply to defective or burned-out lamps or

filters.

(g)  Sanitation.--Contact surfaces of tanning devices must be

cleansed between uses by the tanning facility with a cleansing

agent approved by the department. After cleansing each time, a

visible sign must be placed on the bed or booth indicating that

it has been properly cleaned. Bathrooms and dressing rooms must

also be properly sanitized and customers must be provided with

clean towels and washcloths.

(h)  Records.--All records or documentation required by this

act shall be maintained in the tanning facility for a minimum of

three years. Records on computer must be backed up on storage

media other than the hard drive at least monthly and must be

retrievable as a printed copy. Records shall be accessible by

the department during an inspection.

(i)  Duration and frequency.--Operators shall limit session

duration and frequency to maximums recommended by the

manufacturer.

Section 8.  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.

(e)  Liability.--The consent form provided under this section

shall not affect the liability of the owner, manager or

operators of a tanning facility in the event that a customer

incurs damages.

(f)  Records of parental consent.--Records of parental

consent 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.

Section 9.  Training.

(a)  Operators.--An individual shall satisfactorily complete

a training program before the individual can function as an

operator. The training program shall include all of the

following:

(1)  The requirements of this act.

(2)  Procedures for correct operation of the tanning

facility and devices.

(3)  The duration and frequency of exposure.

(4)  Recognition of reaction, injury or overexposure.

(5)  The manufacturer's procedures for operation and

maintenance of tanning devices.

(6)  Health risks.

(7)  Emergency procedures in case of injury.

(8)  Customer refusal tactics.

(b)  Owners and managers.--Owners and managers shall do all

of the following:

(1)  Complete formal training and pass a certification

examination, approved by the department, before operating a

tanning facility or training employees.

(2)  Train operators under subsection (a) and provide

review as necessary.

(c)  Inspections.--The department shall investigate the level

of an individual's understanding and competency during

inspections.

(d)  Proof.--Proof of training for owners, managers and

employees shall be maintained and available for inspection.

(e)  Training classes.--If an operator or owner took training

classes in the year prior to the effective date of this section,

the operator or owner shall not be required to take courses but

must show proof of passing the class to the department.

Section 10.  Promotional materials.

A tanning facility shall not claim or distribute promotional

materials which claim that using a tanning device is safe or

free from risk or that the use of a tanning device will result

in medical or health benefits. A tanning facility may only claim

or distribute promotional materials which claim that a tanning

device is for cosmetic use only.

Section 11.  Inspections, violations and injunctions.

(a)  Access.--The department shall have access at reasonable

times to a tanning facility, including its records, to inspect

and determine whether a violation of this act has or will occur.

(b)  Penalty.--A person who operates a tanning facility in

violation of this act commits a misdemeanor and shall be subject

to suspension or revocation of the tanning facility's license. 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.

(c)  Suspension or revocation.--If the department finds a

violation of this act that creates an immediate threat to the

health and safety of the public, the department may suspend or

revoke the tanning facility's license to operate.

(d)  Procedure.--

(1)  The department may take the following steps in

writing or use any other acts and regulations to enforce the

provisions of this act:

(i)  Cite each section of the act violated.

(ii)  Specify the manner in which the owner, manager

or operator failed to comply with this act.

(iii)  Require a corrective action plan, including a

reasonable time schedule for completion. The department

shall review the corrective action plan and approve or

require modification of the plan.

(2)  If a tanning facility fails to comply with

conditions of the written notice provided under paragraph

(1), the department shall notify the owner, manager or

operator, by certified mail, that unless action is taken

within five days of receipt of the written notice, the

tanning facility's license shall be suspended or revoked.

Section 12.  Effective date.

This act shall take effect in 60 days.