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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, ERICKSON, ALLOWAY, COSTA, STOUT, BRUBAKER, WASHINGTON, LOGAN, O'PAKE AND WONDERLING, MARCH 2, 2009 |
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| REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 2, 2009 |
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| AN ACT |
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1 | Providing for the regulation of indoor tanning facilities and |
2 | for penalties. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Indoor |
7 | Tanning Regulation Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Customer." A member of the public who is provided access to |
13 | a tanning facility in exchange for a fee or other compensation |
14 | or any individual who, in exchange for a fee or other |
15 | compensation, is afforded use of a tanning facility as a |
16 | condition or benefit of membership or access. |
17 | "Department." The Department of Health of the Commonwealth. |
18 | "Fitzpatrick scale." A scale for classifying a skin type, |
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1 | based on the skin's reaction to the first ten to 45 minutes of |
2 | sun exposure after the winter season as follows: |
3 | Skin Type | Sunburning and Tanning History | 4 | 1 | Always burns easily, never tans | 5 | 2 | Always burns easily, tans minimally | 6 | 3 | Burns moderately, tans gradually | 7 | 4 | Burns minimally, always tans well | 8 | 5 | Rarely burns, tans profusely | 9 | 6 | Never burns, deeply pigmented |
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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 | "Phototherapy device." Equipment that emits ultraviolet |
17 | radiation and is used by health care professionals in the |
18 | treatment of disease. The term shall not include any of the |
19 | following: |
20 | (1) Devices utilized by appropriate health care |
21 | professionals under the direct supervision of a physician who |
22 | is trained in the use of phototherapy devices. |
23 | (2) Devices used for personal use in a private |
24 | residence. |
25 | (3) Devices intended for purposes other than the |
26 | irradiation of human skin. |
27 | "Tanning equipment or device." Equipment that emits |
28 | radiation used for tanning of the skin, such as a sunlamp, |
29 | tanning booth or tanning bed that emits electromagnetic |
30 | radiation with wavelengths in the air between 200 and 400 |
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1 | nanometers. The term includes any accompanying equipment, such |
2 | as protective eyewear, timers and handrails. |
3 | "Tanning facility." Any place where a tanning device is used |
4 | for a fee, membership dues or any other compensation. |
5 | "Ultraviolet radiation." Electromagnetic radiation with |
6 | wavelengths between 200 and 400 nanometers. |
7 | Section 3. Licensing and fees. |
8 | (a) Requirement.--No person shall establish, maintain, |
9 | operate or hold itself out as authorized to establish, maintain |
10 | or operate a tanning facility without first having obtained a |
11 | license issued by the department. |
12 | (b) Application.--A person may apply for a license required |
13 | under subsection (a) by submitting an application to the |
14 | department on a form prescribed by the department. The form |
15 | shall require all of the following information: |
16 | (1) The name, address and telephone number of the |
17 | tanning facility and owner. |
18 | (2) The manufacturer, model number and type of each |
19 | ultraviolet lamp or tanning device used in the tanning |
20 | facility. |
21 | (3) The name of the equipment supplier, installer and |
22 | service agent of each ultraviolet lamp or tanning device used |
23 | in the tanning facility. |
24 | (4) A signed and dated certification that the applicant |
25 | has read and understands the requirements of this act. |
26 | (5) A copy of the operating and safety procedures of the |
27 | tanning facility. |
28 | (6) Any additional information required by the |
29 | department. |
30 | (c) Determination.--The department shall issue a license to |
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1 | an applicant upon determination that the applicant meets all of |
2 | the requirements of this act. |
3 | (d) Fee.--An applicant shall be required to pay a license |
4 | fee of $250 per salon and $50 per additional bed, based on the |
5 | number of tanning devices, in an amount sufficient to cover the |
6 | cost of annual inspection and administration of this act. |
7 | (e) Posting.--A licensee shall post its license in a |
8 | location clearly visible to its customers. |
9 | (f) Expiration.--A license shall expire annually on the date |
10 | specified in the license. |
11 | (g) Renewal.--A licensee must file an application for |
12 | renewal on a form prescribed by the department prior to |
13 | expiration of its current license. |
14 | (h) Transfer.--A license shall not be transferable from one |
15 | person or one tanning facility to another. |
16 | (i) Denial, suspension or revocation.--The following shall |
17 | apply to the denial, suspension or revocation of a license: |
18 | (1) The department shall have the authority to deny, |
19 | suspend or revoke licensure for any of the following reasons: |
20 | (i) Submission of false statements in application, |
21 | reports, plans or specifications. |
22 | (ii) For conditions which violate this act. |
23 | (iii) Operation of the tanning facility in a manner |
24 | that threatens public health or safety. |
25 | (iv) Failure to allow the department to enter the |
26 | tanning facility at reasonable hours for inspection or |
27 | investigation. |
28 | (v) Failure to pay license fees. |
29 | (2) Except in cases involving public health and safety, |
30 | the department shall, prior to suspension or revocation of a |
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1 | license, provide written notice to the licensee of the facts |
2 | or conduct which may warrant suspension or revocation and |
3 | shall provide the licensee with an opportunity to demonstrate |
4 | or achieve compliance. The licensee may request an |
5 | administrative hearing upon receipt of the written notice. |
6 | Section 4. Inspection. |
7 | (a) Time.--The department shall conduct an initial |
8 | inspection, after receipt of an application for a license under |
9 | section 3 and before the license is granted, of a tanning |
10 | facility and may inspect each year thereafter. |
11 | (b) Conduct.--Inspections conducted by the department under |
12 | this section shall encompass all of the following matters: |
13 | (1) The construction and operation of the tanning |
14 | facility. |
15 | (2) Review of required records and training |
16 | documentation. |
17 | (3) Operator understanding and competency. |
18 | (4) Any other area concerning a requirement of this act. |
19 | Section 5. Warning signs and statements. |
20 | (a) Warning signs and statements describing hazards.--A |
21 | tanning facility shall post a warning sign in a place readily |
22 | visible to persons entering the establishment. The sign shall |
23 | have dimensions not less than 11 inches by 17 inches. Lettering |
24 | must be clear, legible and at least 0.25 inches high, with all |
25 | of the following provisions on the sign: |
26 | (1) The wording, "DANGER--ULTRAVIOLET RADIATION", in |
27 | letters at least 0.5 inches high. |
28 | (2) Follow the manufacturer's instructions for use of |
29 | this device. |
30 | (3) Avoid overexposure. As with natural sunlight, |
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1 | overexposure can cause eye and skin injury and allergic |
2 | reactions. Repeated exposure to ultraviolet radiation may |
3 | cause chronic sun damage characterized by wrinkling, dryness, |
4 | fragility, bruising of the skin and skin cancer. |
5 | (4) Do not sunbathe before or after exposure to |
6 | ultraviolet radiation from sunlamps. |
7 | (5) Wear protective eyewear. Failure to use protective |
8 | eyewear may result in severe burns or permanent injury to the |
9 | eyes. |
10 | (6) Medications or cosmetics may increase your |
11 | sensitivity to the ultraviolet radiation. Consult a physician |
12 | before using a sunlamp if you are using medications, have a |
13 | history of skin problems or believe you are especially |
14 | sensitive to sunlight. Women who are pregnant or are taking |
15 | oral contraceptives who use this product may develop |
16 | discolored skin. |
17 | (7) A customer may call the Department of Health at |
18 | (insert telephone number) to report an alleged injury |
19 | regarding this tanning facility. |
20 | (8) The wording, "IF YOU DO NOT TAN IN THE SUN, YOU ARE |
21 | UNLIKELY TO TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP". |
22 | (b) Posting.--The sign under subsection (a) shall also be |
23 | posted within three feet of each tanning device, in a |
24 | conspicuous location that is readily visible to a person about |
25 | to use the device with no obstruction. |
26 | (c) Written warning statement.--Each customer shall be |
27 | provided with a written warning statement requiring their |
28 | signature prior to initial exposure and before renewals of |
29 | contracts. The warning statement shall include all of the |
30 | following: |
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1 | (1) Failure to use the eye protection provided to the |
2 | customer by the tanning facility may result in damage to the |
3 | eyes. |
4 | (2) Overexposure to ultraviolet light causes burns. |
5 | (3) Repeated exposure may result in premature aging of |
6 | the skin and skin cancer. |
7 | (4) Abnormal skin sensitivity or burning may be caused |
8 | by reactions of ultraviolet light to certain: |
9 | (i) foods; |
10 | (ii) cosmetics; or |
11 | (iii) medications, including: |
12 | (A) tranquilizers; |
13 | (B) diuretics; |
14 | (C) antibiotics; |
15 | (D) high blood pressure medicines; or |
16 | (E) birth control pills. |
17 | (5) Any person taking a prescription or over-the-counter |
18 | drug should consult a physician before using a tanning |
19 | device. |
20 | (6) A person with skin that always burns easily and |
21 | never tans should avoid a tanning device. |
22 | (7) A person with a family or past medical history of |
23 | skin cancer should avoid a tanning device. |
24 | (d) Liability.--The warning statement provided under |
25 | subsection (c) shall not affect the liability of the owner, |
26 | manager or operator of a tanning facility in the event that a |
27 | customer fails to follow the warning statement and incurs |
28 | damages. |
29 | Section 6. Tanning devices. |
30 | (a) Federal certification.--Only tanning devices |
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1 | manufactured and certified under 21 CFR 1040.20 (relating to |
2 | sunlamp products and ultraviolet lamps intended for use in |
3 | sunlamp products) may be used in tanning facilities. |
4 | (b) Device labeling.--Each tanning device shall be |
5 | permanently labeled in a conspicuous place with the following |
6 | information: |
7 | (1) The warning statement required under section 5(c). |
8 | (2) Recommended exposure positions. |
9 | (3) Recommended duration and frequency of exposure. |
10 | (4) The length of time before expected results appear. |
11 | (5) Lamp types. |
12 | (c) Tanning device timers.--Tanning device timers shall meet |
13 | all of the following requirements: |
14 | (1) Compliance with 21 CFR 1040.20. |
15 | (2) Permit remote timer control by operators so that |
16 | customers may not reset the timer. |
17 | (3) Permit manual control for customer in order to |
18 | terminate radiation emission. |
19 | (d) Facility temperature.--An operator shall control the |
20 | interior of a tanning facility so that it does not exceed 100 |
21 | degrees Fahrenheit. |
22 | (e) Privacy.--A facility shall adopt and instruct all |
23 | employees in procedures to ensure the reasonable privacy of |
24 | customers. |
25 | (f) Condition.--All tanning devices shall do all of the |
26 | following: |
27 | (1) Meet the National Fire Protection Association's |
28 | National Electrical Code and any other State or local |
29 | electrical codes. |
30 | (2) Have physical barriers to protect customers from |
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1 | injury due to touching or breaking lamps. |
2 | (3) Be maintained in good repair. |
3 | (g) Stand-up booths.--Stand-up booths shall meet all of the |
4 | following conditions: |
5 | (1) Have physical barriers or other means to indicate |
6 | proper exposure distance. |
7 | (2) Be constructed rigidly enough to withstand stress of |
8 | use and impact of a falling person. |
9 | (3) Access shall be of rigid construction, doors must |
10 | open outwardly and handrails and nonslip floors must be |
11 | provided. |
12 | (h) Protective eyewear.--Operators shall require customers |
13 | to wear protective eyewear in order to use a tanning device. |
14 | When a tanning device is in use, no other person shall be |
15 | allowed to remain in the area unless the person wears protective |
16 | eyewear. Protective eyewear shall do all of the following: |
17 | (1) Be provided free of charge, along with instructions |
18 | for use. Customers may also be given the option to purchase |
19 | their own eyewear. |
20 | (2) Meet the requirements of 21 CFR 1040.20. |
21 | (3) Be properly sanitized before each use. Ultraviolet |
22 | rays shall not be considered a sanitizing agent. |
23 | Section 7. Operation. |
24 | (a) Presence.--A trained operator must be present when |
25 | tanning equipment is operated. The operator must be within |
26 | hearing distance to allow the customer to easily summon help if |
27 | necessary or the customer must have access to an intercom or |
28 | buzzer for the operator and the operator must be able to reach |
29 | the customer in 30 seconds. |
30 | (b) Control.--Tanning equipment must have a control that |
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1 | enables the user to manually terminate radiation without pulling |
2 | the electrical plug or coming in contact with the ultraviolet |
3 | lamp. |
4 | (c) Instruction.--Operators shall instruct customers in |
5 | regard to all of the following: |
6 | (1) The proper position to maintain relative to the |
7 | equipment. |
8 | (2) The position of the safety railing, if applicable. |
9 | (3) The operation of the manual switching device to |
10 | terminate radiation. |
11 | (4) The maximum time of exposure. |
12 | (d) Skin type.--Operators must be able to recognize the skin |
13 | type of the customer based on the Fitzpatrick scale and advise |
14 | the customer accordingly in regard to maximum time of exposure. |
15 | (e) Customer records.--A record shall be kept of each |
16 | customer's total number of tanning visits, date, time and |
17 | duration of each, as well as medications taken and any injuries |
18 | or illness resulting from the use of the device. |
19 | (f) Reports of injuries.--A written or oral report of any |
20 | tanning injury must be provided to the department by the end of |
21 | the next working day after its occurrence or upon gaining |
22 | knowledge of the accident. The report shall include the name of |
23 | the affected individual, the name and location of tanning |
24 | facility, the nature of injury, the name and address of a health |
25 | care provider, if applicable, and any other relevant |
26 | information. The department shall send reports of all injuries |
27 | to the United States Food and Drug Administration. |
28 | (g) Bulbs.--At intervals required by the manufacturer, bulbs |
29 | shall be replaced with a kind intended for use in that device or |
30 | with lamps or filters considered equivalent under United States |
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1 | Food and Drug Administration regulations at the time of |
2 | manufacture. Records shall be maintained and accessible to |
3 | customers. Facilities must also post dates of bulb changing |
4 | where visible on every tanning device. The requirements of this |
5 | subsection shall also apply to defective or burned-out lamps or |
6 | filters. |
7 | (h) Sanitation.--Contact surfaces of tanning devices must be |
8 | cleansed between uses by the tanning facility with a cleansing |
9 | agent approved by the department. After cleansing each time, a |
10 | visible sign must be placed on the bed or booth indicating that |
11 | it has been properly cleaned. Bathrooms and dressing rooms must |
12 | also be properly sanitized and customers must be provided with |
13 | clean towels and washcloths. |
14 | (i) Records.--All records or documentation required by this |
15 | act shall be maintained in the tanning facility for a minimum of |
16 | three years. Records on computer must be backed up on storage |
17 | media other than the hard drive at least monthly and must be |
18 | retrievable as a printed copy. Records shall be accessible by |
19 | the department during an inspection. |
20 | (j) Duration and frequency.--Operators shall limit session |
21 | duration and frequency to maximums recommended by the |
22 | manufacturer. |
23 | Section 8. Restrictions on use by minors. |
24 | (a) Accompaniment.--All minors 14 to 18 years of age shall |
25 | be accompanied by their parent or legal guardian in order to use |
26 | a tanning device. |
27 | (b) Identification.--Before each use by a minor 14 to 18 |
28 | years of age, the owner or operator shall witness the parent's |
29 | or legal guardian's signing and dating of the warning statement |
30 | required under section 5(c). The parent or legal guardian shall |
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1 | also sign a statement stating the relationship with a child who |
2 | is under 14 years of age. |
3 | (c) Medical permission.--Persons under 14 years of age may |
4 | not use a tanning device unless they present written permission |
5 | by a properly licensed doctor of medicine or doctor of |
6 | osteopathic medicine. |
7 | (d) Duty.--It shall be the duty of the tanning facility |
8 | owner to ensure that each customer utilizing the tanning |
9 | facility is of legal age to do so. The tanning facility owner |
10 | shall be held responsible for the use of the tanning facility by |
11 | anyone under 18 years of age who is not accompanied by a parent |
12 | or legal guardian. Failure to ensure that a customer is of legal |
13 | age to utilize the tanning facility shall result in permanent |
14 | revocation of the license. |
15 | (e) Records.--Records of parental consent shall be |
16 | maintained for all minor customers of the tanning facility for a |
17 | period of at least three years. |
18 | Section 9. Training. |
19 | (a) Operators.--An individual shall satisfactorily complete |
20 | a training program before the individual can function as an |
21 | operator. The training program shall include all of the |
22 | following: |
23 | (1) The requirements of this act. |
24 | (2) Procedures for correct operation of the tanning |
25 | facility and devices. |
26 | (3) The determination of skin type of customers, |
27 | including skin types based on the Fitzpatrick scale. |
28 | (4) The duration and frequency of exposure. |
29 | (5) Recognition of reaction, injury or overexposure. |
30 | (6) The manufacturer's procedures for operation and |
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1 | maintenance of tanning devices. |
2 | (7) Health risks. |
3 | (8) Emergency procedures in case of injury. |
4 | (9) Customer refusal tactics. |
5 | (b) Owners and managers.--Owners and managers shall do all |
6 | of the following: |
7 | (1) Complete formal training and pass a certification |
8 | examination, approved by the department, before operating a |
9 | tanning facility or training employees. |
10 | (2) Train operators under subsection (a) and provide |
11 | review as necessary. |
12 | (c) Inspections.--The department shall investigate the level |
13 | of an individual's understanding and competency during |
14 | inspections. |
15 | (d) Proof.--Proof of training for owners, managers and |
16 | employees shall be maintained and available for inspection. |
17 | (e) Training classes.--If an operator or owner took training |
18 | classes in the year prior to the effective date of this section, |
19 | the operator or owner shall not be required to take courses but |
20 | must show proof of passing the class to the department. |
21 | Section 10. Promotional materials. |
22 | A tanning facility may not claim or distribute promotional |
23 | materials that claim that using a tanning device is safe or free |
24 | from risk or that the use of a tanning device will result in |
25 | medical or health benefits. A tanning facility may only claim or |
26 | distribute promotional materials that claim that a tanning |
27 | device is for cosmetic use only. |
28 | Section 11. Inspections, violations and injunctions. |
29 | (a) Access.--The department shall have access at reasonable |
30 | times to any tanning facility, including its records, to inspect |
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1 | and determine whether a violation of this act has or will occur. |
2 | (b) Penalty.--A person who operates a tanning facility in |
3 | violation of this act commits a misdemeanor and shall be subject |
4 | to suspension or revocation of the tanning facility's license. A |
5 | person who operates or uses a tanning device in violation of |
6 | this act commits a misdemeanor. |
7 | (c) Suspension or revocation.--If the department finds a |
8 | violation of this act that creates an immediate threat to the |
9 | health and safety of the public, the department may suspend or |
10 | revoke the tanning facility's license to operate. |
11 | (d) Procedure.-- |
12 | (1) The department may take the following steps in |
13 | writing or use any other acts and regulations to enforce the |
14 | provisions of this act: |
15 | (i) Cite each section of the act violated. |
16 | (ii) Specify the manner in which the owner, manager |
17 | or operator failed to comply with this act. |
18 | (iii) Require a corrective action plan, including a |
19 | reasonable time schedule for completion. The department |
20 | shall review the corrective action plan and approve or |
21 | require modification of the plan. |
22 | (2) If a tanning facility fails to comply with |
23 | conditions of the written notice provided under paragraph |
24 | (1), the department shall notify the owner, manager or |
25 | operator, by certified mail, that unless action is taken |
26 | within five days of receipt of the written notice, the |
27 | tanning facility's license shall be suspended or revoked. |
28 | Section 20. Severability. |
29 | The provisions of this act are severable. If any provision of |
30 | this act or its application to any person or circumstance is |
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1 | held invalid, the invalidity shall not affect other provisions |
2 | or applications of this act which can be given effect without |
3 | the invalid provision or application. |
4 | Section 30. Effective date. |
5 | This act shall take effect in 180 days. |
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