THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, ERICKSON, ALLOWAY, COSTA, STOUT, BRUBAKER, WASHINGTON, LOGAN, O'PAKE AND WONDERLING, MARCH 2, 2009

SENATOR ERICKSON, PUBLIC HEALTH AND WELFARE, AS AMENDED, JUNE 17, 2009   

AN ACT

Providing for the regulation of indoor tanning facilities and

for 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.

"Fitzpatrick scale."  A scale for classifying a skin type,

based on the skin's reaction to the first ten to 45 minutes of

sun exposure after the winter season as follows:

"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 shall 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 salon and $50 per additional bed, based on the

<--

number of tanning devices $300 per salon, including ten devices,

<--

and $20 per additional bed, in an amount sufficient to cover the

cost of annual inspection and administration of this act.

(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 application,

reports, plans or specifications.

(ii)  For conditions which 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, after receipt of an application for a license under

section 3 and before the license is granted, of a tanning

facility and may inspect each year thereafter.

(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 concerning 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", in

letters at least 0.5 inches high.

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

this device.

(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.--Each customer shall be

provided with a written warning statement requiring their

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

<--

subsection (c) (b) 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.--Each 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 facility shall adopt and instruct all

employees in procedures to ensure the reasonable privacy of

customers.

(f) (b)  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) (c)  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) (d)  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) (a)  Skin type.--Operators must be able to recognize the

<--

skin type of the customer based on the Fitzpatrick scale and

advise the customer accordingly in regard to maximum time of

exposure.

(e) (b)  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.

(f)  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 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.

(g)  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.

(h)  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.

(i) (c)  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.

(j) (d)  Duration and frequency.--Operators shall limit

<--

session duration and frequency to maximums recommended by the

manufacturer.

Section 8.  Restrictions on use by minors.

(a)  Accompaniment.--All minors 14 to 18 years of age shall

<--

be accompanied by their parent or legal guardian in order to use

a tanning device for the first time.

<--

(b)  Identification.--Before each the first use by a minor 14

<--

to 18 years of age and every six months thereafter, the owner or

<--

operator shall witness the parent's or legal guardian's signing

and dating of the warning statement required under section 5(c) 

<--

5(b). The parent or legal guardian shall also sign a statement

<--

stating the relationship with a child who is under 14 years of

age.

(c)  Medical permission.--Persons under 14 years of age may

not use a tanning device unless they present written permission

by a properly licensed doctor of medicine or doctor of

osteopathic medicine.

(d)  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 owner

shall be held responsible for the use of the tanning facility by

anyone under 18 years of age who is not accompanied by a parent

or legal guardian. Failure to ensure that a customer is of legal

age to utilize the tanning facility shall result in permanent

revocation of the license.

(e)  Records.--Records of parental consent shall be

maintained for all minor customers of the tanning facility for a

period of at least three years.

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 determination of skin type of customers,

including skin types based on the Fitzpatrick scale.

(4)  The duration and frequency of exposure.

(5)  Recognition of reaction, injury or overexposure.

(6)  The manufacturer's procedures for operation and

maintenance of tanning devices.

(7)  Health risks.

(8)  Emergency procedures in case of injury.

(9)  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 may not claim or distribute promotional

materials that 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 that claim that a tanning

device is for cosmetic use only.

(a)  Operator.--A tanning facility shall have an operator

<--

present in accordance with subsection (b) who is sufficiently

knowledgeable in the operation of the tanning devices,

including:

(1)  Knowledge of the requirements of this section and of

21 CFR 1040.20 (relating to sunlamp products and ultraviolet

lamps intended for use in sunlamp products).

(2)  Proper use of the United States Food and Drug

Administration's recommended exposure schedule.

(3)  Procedures for correct operation of the tanning

facility.

(4)  Recognition of injuries and the facility's

procedures of handling the injuries from overexposure to

ultraviolet radiation.

(5)  Manufacturer's procedures for operation and

maintenance of the tanning device.

(6)  Use of protective eyewear.

(7)  Emergency procedures in case of injury.

(8)  Effects of ultraviolet radiation, acute and chronic

exposure, biological effects and health risks.

(9)  Photosensitizing agents.

(10)  The six different skin types.

(b)  Presence.--A trained operator shall be present at the

tanning facility during all operating hours and while tanning

equipment is in operation and shall inform and assist each

customer in the operation and use of the tanning device. No

consumer may use the tanning equipment in the absence of a

trained operator.

Section 11 10.  Inspections, violations and injunctions.

<--

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

times to any 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

person who operates or uses a tanning device in violation of

this act commits a misdemeanor.

(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 20.  Severability.

The provisions of this act are severable. If any provision of

this act or its application to any person or circumstance is

held invalid, the invalidity shall not affect other provisions

or applications of this act which can be given effect without

the invalid provision or application.

Section 30.  Effective date.

This act shall take effect in 180 days.