| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 331, 1701 | PRINTER'S NO. 1827 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, FONTANA, GORDNER, BRUBAKER, GREENLEAF, M. WHITE, BREWSTER, COSTA, BOSCOLA, VANCE AND FARNESE, JANUARY 31, 2011 |
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| AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 5, 2011 |
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| AN ACT |
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1 | Providing for the regulation of indoor tanning facilities and; | <-- |
2 | establishing the Indoor Tanning Regulation Fund; and |
3 | providing for penalties. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Indoor |
8 | Tanning Regulation Act. |
9 | Section 2. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Customer." A member of the public who is provided access to |
14 | a tanning facility in exchange for a fee or other compensation |
15 | or any individual who, in exchange for a fee or other |
16 | compensation, is afforded use of a tanning facility as a |
17 | condition or benefit of membership or access. |
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1 | "Department." The Department of Health of the Commonwealth. |
2 | "Fitzpatrick scale." A scale for classifying a skin type, |
3 | based on the skin's reaction to the first ten to 45 minutes of |
4 | sun exposure after the winter season as follows: |
5 | Skin Type | Sunburning and Tanning History | 6 | 1 | Always burns easily, never tans | 7 | 2 | Always burns easily, tans minimally | 8 | 3 | Burns moderately, tans gradually | 9 | 4 | Burns minimally, always tans well | 10 | 5 | Rarely burns, tans profusely | 11 | 6 | Never burns, deeply pigmented |
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12 | "Operator." An individual designated by the licensee to |
13 | control operation of the tanning facility and to instruct and |
14 | assist the customer in the proper operation of the tanning |
15 | equipment. |
16 | "Person." An individual, partnership, corporation or |
17 | association. |
18 | "Phototherapy device." Equipment that emits ultraviolet |
19 | radiation and is used by health care professionals in the |
20 | treatment of disease. The term shall not include any of the |
21 | following: |
22 | (1) Devices utilized by appropriate health care |
23 | professionals under the direct supervision of a physician who |
24 | is trained in the use of phototherapy devices. |
25 | (2) Devices used for personal use in a private |
26 | residence. |
27 | (3) Devices intended for purposes other than the |
28 | irradiation of human skin. |
29 | "Tanning equipment or device." Equipment that emits |
30 | radiation used for tanning of the skin, such as a sunlamp, |
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1 | tanning booth or tanning bed that emits electromagnetic |
2 | radiation with wavelengths in the air between 200 and 400 |
3 | nanometers. The term includes any accompanying equipment, such |
4 | as protective eyewear, timers and handrails. |
5 | "Tanning facility." Any place where a tanning device is used |
6 | for a fee, membership dues or any other compensation. |
7 | "Ultraviolet radiation." Electromagnetic radiation with |
8 | wavelengths between 200 and 400 nanometers. |
9 | Section 3. Licensing and fees. |
10 | (a) Requirement.--No person shall establish, maintain, |
11 | operate or hold itself out as authorized to establish, maintain |
12 | or operate a tanning facility without first having obtained a |
13 | license issued by the department. |
14 | (b) Application.--A person may apply for a license required |
15 | under subsection (a) by submitting an application to the |
16 | department on a form prescribed by the department. The form |
17 | shall require all of the following information: |
18 | (1) The name, address and telephone number of the |
19 | tanning facility and owner. |
20 | (2) The manufacturer, model number and type of each |
21 | ultraviolet lamp or tanning device used in the tanning |
22 | facility. |
23 | (3) The name of the equipment supplier, installer and |
24 | service agent of each ultraviolet lamp or tanning device used |
25 | in the tanning facility. |
26 | (4) A signed and dated certification that the applicant |
27 | has read and understands the requirements of this act. |
28 | (5) A copy of the operating and safety procedures of the |
29 | tanning facility. |
30 | (6) Any additional information required by the |
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1 | department. |
2 | (c) Determination.--The department shall issue a license to |
3 | an applicant upon determination that the applicant meets all of |
4 | the requirements of this act. |
5 | (d) Fee.--An applicant shall be required to pay a license |
6 | fee of $300 per salon, including ten devices, and $20 per |
7 | additional bed. The department may increase fees by regulation |
8 | in an amount sufficient to cover the cost of annual inspection |
9 | and administration of this act. |
10 | (e) Posting.--A licensee shall post its license in a |
11 | location clearly visible to its customers. |
12 | (f) Expiration.--A license shall expire annually on the date |
13 | specified in the license. |
14 | (g) Renewal.--A licensee must file an application for |
15 | renewal on a form prescribed by the department prior to |
16 | expiration of its current license. |
17 | (h) Transfer.--A license shall not be transferable from one |
18 | person or one tanning facility to another. |
19 | (i) Denial, suspension or revocation.--The following shall |
20 | apply to the denial, suspension or revocation of a license: |
21 | (1) The department shall have the authority to deny, |
22 | suspend or revoke licensure for any of the following reasons: |
23 | (i) Submission of false statements in application, |
24 | reports, plans or specifications. |
25 | (ii) For conditions which violate this act. |
26 | (iii) Operation of the tanning facility in a manner |
27 | that threatens public health or safety. |
28 | (iv) Failure to allow the department to enter the |
29 | tanning facility at reasonable hours for inspection or |
30 | investigation. |
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1 | (v) Failure to pay license fees. |
2 | (2) Except in cases involving an immediate threat to |
3 | public health and safety under section 10(c), the department |
4 | shall, prior to suspension or revocation of a license, |
5 | provide written notice to the licensee of the facts or |
6 | conduct which may warrant suspension or revocation and shall |
7 | provide the licensee with an opportunity to demonstrate or |
8 | achieve compliance. The licensee may request an |
9 | administrative hearing upon receipt of the written notice. |
10 | Section 4. Inspection. |
11 | (a) Time.--The department may conduct an initial inspection, |
12 | after receipt of an application for a license under section 3, |
13 | of a tanning facility and shall randomly inspect licensed |
14 | facilities each year thereafter. |
15 | (b) Conduct.--Inspections conducted by the department under |
16 | this section shall encompass all of the following matters: |
17 | (1) The operation of the tanning facility. |
18 | (2) Review of required records and training |
19 | documentation. |
20 | (3) Operator understanding and competency. |
21 | (4) Any other area concerning a requirement of this act. |
22 | Section 5. Warning signs and statements. |
23 | (a) Warning signs and statements describing hazards.--A |
24 | tanning facility shall post a warning sign in a place readily |
25 | visible to persons entering the establishment. The sign shall |
26 | have dimensions not less than 11 inches by 17 inches. Lettering |
27 | must be clear, legible and at least 0.25 inches high, with all |
28 | of the following provisions on the sign: |
29 | (1) The wording, "DANGER--ULTRAVIOLET RADIATION," in |
30 | letters at least 0.5 inches high. |
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1 | (2) Follow the manufacturer's instructions for use of |
2 | this device. |
3 | (3) Avoid overexposure. As with natural sunlight, |
4 | overexposure can cause eye and skin injury and allergic |
5 | reactions. Repeated exposure to ultraviolet radiation may |
6 | cause chronic sun damage characterized by wrinkling, dryness, |
7 | fragility, bruising of the skin and skin cancer. |
8 | (4) Do not sunbathe before or after exposure to |
9 | ultraviolet radiation from sunlamps. |
10 | (5) Wear protective eyewear. Failure to use protective |
11 | eyewear may result in severe burns or permanent injury to the |
12 | eyes. |
13 | (6) Medications or cosmetics may increase your |
14 | sensitivity to the ultraviolet radiation. Consult a physician |
15 | before using a sunlamp if you are using medications, have a |
16 | history of skin problems or believe you are especially |
17 | sensitive to sunlight. Women who are pregnant or are taking |
18 | oral contraceptives who use this product may develop |
19 | discolored skin. |
20 | (7) A customer may call the Department of Health to |
21 | report an alleged injury regarding this tanning facility. |
22 | (8) The wording, "IF YOU DO NOT TAN IN THE SUN, YOU ARE |
23 | UNLIKELY TO TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP." |
24 | (b) Written warning statement.--Each customer shall be |
25 | provided with a written warning statement requiring a signature |
26 | prior to initial exposure. The warning statement shall include |
27 | all of the following: |
28 | (1) Failure to use the eye protection provided to the |
29 | customer by the tanning facility may result in damage to the |
30 | eyes. |
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1 | (2) Overexposure to ultraviolet light causes burns. |
2 | (3) Repeated exposure may result in premature aging of |
3 | the skin and skin cancer. |
4 | (4) Abnormal skin sensitivity or burning may be caused |
5 | by reactions of ultraviolet light to certain: |
6 | (i) foods; |
7 | (ii) cosmetics; or |
8 | (iii) medications, including: |
9 | (A) tranquilizers; |
10 | (B) diuretics; |
11 | (C) antibiotics; |
12 | (D) high blood pressure medicines; or |
13 | (E) birth control pills. |
14 | (5) Any person taking a prescription or over-the-counter |
15 | drug should consult a physician before using a tanning |
16 | device. |
17 | (6) A person with skin that always burns easily and |
18 | never tans should avoid a tanning device. |
19 | (7) A person with a family or past medical history of |
20 | skin cancer should avoid a tanning device. |
21 | (c) Liability.--The warning statement provided under |
22 | subsection (b) shall not affect the liability of the owner, |
23 | manager or operator of a tanning facility in the event that a |
24 | customer fails to follow the warning statement and incurs |
25 | damages. |
26 | Section 6. Tanning devices. |
27 | (a) Federal certification.--Only tanning devices |
28 | manufactured and certified under 21 CFR 1040.20 (relating to |
29 | sunlamp products and ultraviolet lamps intended for use in |
30 | sunlamp products) may be used in tanning facilities. |
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1 | (b) Condition.--All tanning devices shall do all of the |
2 | following: |
3 | (1) Meet the National Fire Protection Association's |
4 | National Electrical Code and any other State or local |
5 | electrical codes. |
6 | (2) Have physical barriers to protect customers from |
7 | injury due to touching or breaking lamps. |
8 | (3) Be maintained in good repair. |
9 | (c) Stand-up booths.--Stand-up booths shall meet all of the |
10 | following conditions: |
11 | (1) Have physical barriers or other means to indicate |
12 | proper exposure distance. |
13 | (2) Be constructed rigidly enough to withstand stress of |
14 | use and impact of a falling person. |
15 | (3) Access shall be of rigid construction, doors must |
16 | open outwardly and handrails and nonslip floors must be |
17 | provided. |
18 | (d) Protective eyewear.--Operators shall require customers |
19 | to wear protective eyewear in order to use a tanning device. |
20 | When a tanning device is in use, no other person shall be |
21 | allowed to remain in the area unless the person wears protective |
22 | eyewear. Protective eyewear shall do all of the following: |
23 | (1) Be provided free of charge, along with instructions |
24 | for use. Customers may also be given the option to purchase |
25 | their own eyewear. |
26 | (2) Meet the requirements of 21 CFR 1040.20. |
27 | (3) Be properly sanitized before each use. Ultraviolet |
28 | rays shall not be considered a sanitizing agent. |
29 | Section 7. Operation. |
30 | (a) Skin type.--Operators must be able to recognize the skin |
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1 | type of the customer based on the Fitzpatrick scale and advise |
2 | the customer accordingly in regard to maximum time of exposure. |
3 | (b) Customer records.--A record shall be kept of each |
4 | customer's total number of tanning visits, date, time and |
5 | duration of each. |
6 | (c) Records.--All records or documentation required by this |
7 | act shall be maintained in the tanning facility for a minimum of |
8 | three years. Records on computer must be backed up on storage |
9 | media other than the hard drive at least monthly and must be |
10 | retrievable as a printed copy. Records shall be accessible by |
11 | the department during an inspection. |
12 | (d) Duration and frequency.--Operators shall limit session |
13 | duration and frequency to maximums recommended by the |
14 | manufacturer. |
15 | Section 8. Restrictions on use by minors. |
16 | (a) Accompaniment.--All minors shall be accompanied by their |
17 | parent or legal guardian in order to use a tanning device for |
18 | the first time. |
19 | (b) Identification.--Before the first use by a minor and |
20 | every six months thereafter, the owner or operator shall witness |
21 | the parent's or legal guardian's signing and dating of the |
22 | warning statement required under section 5(b). The parent or |
23 | legal guardian shall also sign a statement stating the |
24 | relationship with a child who is under 14 years of age. |
25 | (c) Medical permission.--Persons under 14 years of age may |
26 | not use a tanning device unless they present written permission |
27 | by a properly licensed doctor of medicine or doctor of |
28 | osteopathic medicine. |
29 | (d) Records.--Records of parental consent shall be |
30 | maintained for all minor customers of the tanning facility for a |
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1 | period of at least three years. |
2 | Section 9. Training. |
3 | (a) Operator.--A tanning facility shall have an operator |
4 | present in accordance with subsection (b) who is sufficiently |
5 | knowledgeable in the operation of the tanning devices, |
6 | including: |
7 | (1) Knowledge of the requirements of this section and of |
8 | 21 CFR 1040.20 (relating to sunlamp products and ultraviolet |
9 | lamps intended for use in sunlamp products). |
10 | (2) Proper use of the United States Food and Drug |
11 | Administration's recommended exposure schedule. |
12 | (3) Procedures for correct operation of the tanning |
13 | facility. |
14 | (4) Recognition of injuries and the facility's |
15 | procedures of handling the injuries from overexposure to |
16 | ultraviolet radiation. |
17 | (5) Manufacturer's procedures for operation and |
18 | maintenance of the tanning device. |
19 | (6) Use of protective eyewear. |
20 | (7) Emergency procedures in case of injury. |
21 | (8) Effects of ultraviolet radiation, acute and chronic |
22 | exposure and health risks. |
23 | (9) Photosensitizing agents. |
24 | (10) The six different skin types. |
25 | (b) Presence.--A trained operator shall be present at the |
26 | tanning facility during all operating hours while tanning |
27 | equipment is in operation and shall inform and assist each |
28 | customer in the operation and use of the tanning device. No |
29 | consumer may use the tanning equipment in the absence of a |
30 | trained operator. |
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1 | Section 10. Inspections, violations and injunctions. |
2 | (a) Access.--The department shall have access at reasonable |
3 | times to any tanning facility, including its records, to inspect |
4 | and determine whether a violation of this act has or will occur. |
5 | (b) Penalty.-- |
6 | (1) A person who operates a tanning facility in |
7 | violation of this act commits a misdemeanor and shall be |
8 | subject to suspension or revocation of the tanning facility's |
9 | license. A person who operates a tanning device in violation |
10 | of this act commits a misdemeanor. |
11 | (2) A person who is in violation of section 8 shall be |
12 | subject to a civil penalty of not more than $250 for the |
13 | first violation, up to $500 for the second violation and up |
14 | to $1,000 for each subsequent violation. The penalty shall be | <-- |
15 | paid to the Department of Health for deposit in the State |
16 | Treasury. |
17 | (c) Suspension or revocation.--If the department finds a |
18 | violation of this act that creates an immediate threat to the |
19 | health and safety of the public, the department may suspend or |
20 | revoke the tanning facility's license to operate. |
21 | (d) Procedure.-- |
22 | (1) The department may take the following steps in |
23 | writing or use any other acts and regulations to enforce the |
24 | provisions of this act: |
25 | (i) Cite each section of the act violated. |
26 | (ii) Specify the manner in which the owner, manager |
27 | or operator failed to comply with this act. |
28 | (iii) Require a corrective action plan, including a |
29 | reasonable time schedule for completion. The department |
30 | shall review the corrective action plan and approve or |
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1 | require modification of the plan. |
2 | (2) If a tanning facility fails to comply with |
3 | conditions of the written notice provided under paragraph |
4 | (1), the department shall notify the owner, manager or |
5 | operator, by certified mail, that unless action is taken |
6 | within five days of receipt of the written notice, the |
7 | tanning facility's license shall be suspended or revoked. |
8 | Section 11. Fund established; disposition of fees, fines and | <-- |
9 | penalties. |
10 | (a) Fund established.--There is hereby established a |
11 | restricted account within the General Fund known as the Indoor |
12 | Tanning Regulation Fund. |
13 | (b) Disposition of moneys.--All fees, fines and civil |
14 | penalties imposed in accordance with this act shall be paid into |
15 | the Indoor Tanning Regulation Fund and are hereby appropriated |
16 | to the department for use in the performance of its duties under |
17 | this act. |
18 | Section 20. Severability. |
19 | The provisions of this act are severable. If any provision of |
20 | this act or its application to any person or circumstance is |
21 | held invalid, the invalidity shall not affect other provisions |
22 | or applications of this act which can be given effect without |
23 | the invalid provision or application. |
24 | Section 30. Effective date. |
25 | This act shall take effect in 180 days. |
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