HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 331, 1701

PRINTER'S NO.  1827

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

349

Session of

2011

  

  

INTRODUCED BY BROWNE, FONTANA, GORDNER, BRUBAKER, GREENLEAF, M. WHITE, BREWSTER, COSTA, BOSCOLA, VANCE AND FARNESE, JANUARY 31, 2011

  

  

AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 5, 2011   

  

  

  

AN ACT

  

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Providing for the regulation of indoor tanning facilities and; 

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establishing the Indoor Tanning Regulation Fund; and

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providing for penalties.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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

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Tanning Regulation Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Customer."  A member of the public who is provided access to

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a tanning facility in exchange for a fee or other compensation

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or any individual who, in exchange for a fee or other

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compensation, is afforded use of a tanning facility as a

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condition or benefit of membership or access.

 


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"Department."  The Department of Health of the Commonwealth.

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

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

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sun exposure after the winter season as follows:

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Skin Type

Sunburning and Tanning History

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1

Always burns easily, never tans

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2

Always burns easily, tans minimally

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3

Burns moderately, tans gradually

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4

Burns minimally, always tans well

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5

Rarely burns, tans profusely

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6

Never burns, deeply pigmented

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"Operator."  An individual designated by the licensee to

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control operation of the tanning facility and to instruct and

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assist the customer in the proper operation of the tanning

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equipment.

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"Person."  An individual, partnership, corporation or

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association.

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"Phototherapy device."  Equipment that emits ultraviolet

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radiation and is used by health care professionals in the

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

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following:

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(1)  Devices utilized by appropriate health care

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professionals under the direct supervision of a physician who

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is trained in the use of phototherapy devices.

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(2)  Devices used for personal use in a private

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residence.

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(3)  Devices intended for purposes other than the

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irradiation of human skin.

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"Tanning equipment or device."  Equipment that emits

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radiation used for tanning of the skin, such as a sunlamp,

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tanning booth or tanning bed that emits electromagnetic

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radiation with wavelengths in the air between 200 and 400

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nanometers. The term includes any accompanying equipment, such

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as protective eyewear, timers and handrails.

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

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for a fee, membership dues or any other compensation.

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"Ultraviolet radiation."  Electromagnetic radiation with

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wavelengths between 200 and 400 nanometers.

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Section 3.  Licensing and fees.

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(a)  Requirement.--No person shall establish, maintain,

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operate or hold itself out as authorized to establish, maintain

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or operate a tanning facility without first having obtained a

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license issued by the department.

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

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under subsection (a) by submitting an application to the

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department on a form prescribed by the department. The form

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shall require all of the following information:

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

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tanning facility and owner.

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

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ultraviolet lamp or tanning device used in the tanning

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facility.

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

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service agent of each ultraviolet lamp or tanning device used

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in the tanning facility.

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(4)  A signed and dated certification that the applicant

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has read and understands the requirements of this act.

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

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tanning facility.

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(6)  Any additional information required by the

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department.

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

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an applicant upon determination that the applicant meets all of

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the requirements of this act.

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

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fee of $300 per salon, including ten devices, and $20 per

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additional bed. The department may increase fees by regulation

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in an amount sufficient to cover the cost of annual inspection

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and administration of this act.

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

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location clearly visible to its customers.

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

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specified in the license.

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

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renewal on a form prescribed by the department prior to

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expiration of its current license.

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

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person or one tanning facility to another.

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

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

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

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suspend or revoke licensure for any of the following reasons:

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(i)  Submission of false statements in application,

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reports, plans or specifications.

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(ii)  For conditions which violate this act.

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(iii)  Operation of the tanning facility in a manner

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that threatens public health or safety.

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(iv)  Failure to allow the department to enter the

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tanning facility at reasonable hours for inspection or

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investigation.

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(v)  Failure to pay license fees.

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(2)  Except in cases involving an immediate threat to

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public health and safety under section 10(c), the department

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shall, prior to suspension or revocation of a license,

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provide written notice to the licensee of the facts or

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conduct which may warrant suspension or revocation and shall

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provide the licensee with an opportunity to demonstrate or

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achieve compliance. The licensee may request an

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administrative hearing upon receipt of the written notice.

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Section 4.  Inspection.

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(a)  Time.--The department may conduct an initial inspection,

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after receipt of an application for a license under section 3,

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of a tanning facility and shall randomly inspect licensed

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facilities each year thereafter.

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

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this section shall encompass all of the following matters:

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(1)  The operation of the tanning facility.

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(2)  Review of required records and training

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documentation.

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(3)  Operator understanding and competency.

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(4)  Any other area concerning a requirement of this act.

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Section 5.  Warning signs and statements.

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

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tanning facility shall post a warning sign in a place readily

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visible to persons entering the establishment. The sign shall

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have dimensions not less than 11 inches by 17 inches. Lettering

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must be clear, legible and at least 0.25 inches high, with all

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of the following provisions on the sign:

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(1)  The wording, "DANGER--ULTRAVIOLET RADIATION," in

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letters at least 0.5 inches high.

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

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this device.

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(3)  Avoid overexposure. As with natural sunlight,

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overexposure can cause eye and skin injury and allergic

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reactions. Repeated exposure to ultraviolet radiation may

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cause chronic sun damage characterized by wrinkling, dryness,

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fragility, bruising of the skin and skin cancer.

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(4)  Do not sunbathe before or after exposure to

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ultraviolet radiation from sunlamps.

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(5)  Wear protective eyewear. Failure to use protective

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eyewear may result in severe burns or permanent injury to the

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eyes.

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(6)  Medications or cosmetics may increase your

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sensitivity to the ultraviolet radiation. Consult a physician

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before using a sunlamp if you are using medications, have a

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history of skin problems or believe you are especially

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sensitive to sunlight. Women who are pregnant or are taking

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oral contraceptives who use this product may develop

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discolored skin.

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(7)  A customer may call the Department of Health to

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report an alleged injury regarding this tanning facility.

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

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

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(b)  Written warning statement.--Each customer shall be

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provided with a written warning statement requiring a signature

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prior to initial exposure. The warning statement shall include

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all of the following:

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

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customer by the tanning facility may result in damage to the

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eyes.

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(2)  Overexposure to ultraviolet light causes burns.

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(3)  Repeated exposure may result in premature aging of

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the skin and skin cancer.

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(4)  Abnormal skin sensitivity or burning may be caused

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by reactions of ultraviolet light to certain:

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(i)  foods;

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(ii)  cosmetics; or

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(iii)  medications, including:

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(A)  tranquilizers;

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(B)  diuretics;

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(C)  antibiotics;

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(D)  high blood pressure medicines; or

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(E)  birth control pills.

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

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drug should consult a physician before using a tanning

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device.

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

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never tans should avoid a tanning device.

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

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skin cancer should avoid a tanning device.

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

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

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

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customer fails to follow the warning statement and incurs

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damages.

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Section 6.  Tanning devices.

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(a)  Federal certification.--Only tanning devices

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manufactured and certified under 21 CFR 1040.20 (relating to

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sunlamp products and ultraviolet lamps intended for use in

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sunlamp products) may be used in tanning facilities.

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

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following:

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(1)  Meet the National Fire Protection Association's

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National Electrical Code and any other State or local

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electrical codes.

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(2)  Have physical barriers to protect customers from

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injury due to touching or breaking lamps.

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(3)  Be maintained in good repair.

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

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following conditions:

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(1)  Have physical barriers or other means to indicate

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proper exposure distance.

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(2)  Be constructed rigidly enough to withstand stress of

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use and impact of a falling person.

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

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open outwardly and handrails and nonslip floors must be

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provided.

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

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

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

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allowed to remain in the area unless the person wears protective

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eyewear. Protective eyewear shall do all of the following:

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

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

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their own eyewear.

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(2)  Meet the requirements of 21 CFR 1040.20.

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(3)  Be properly sanitized before each use. Ultraviolet

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rays shall not be considered a sanitizing agent.

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Section 7.  Operation.

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(a)  Skin type.--Operators must be able to recognize the skin

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type of the customer based on the Fitzpatrick scale and advise

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the customer accordingly in regard to maximum time of exposure.

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

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

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duration of each.

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

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

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

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

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retrievable as a printed copy. Records shall be accessible by

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the department during an inspection.

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

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duration and frequency to maximums recommended by the

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manufacturer.

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Section 8.  Restrictions on use by minors.

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(a)  Accompaniment.--All minors shall be accompanied by their

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parent or legal guardian in order to use a tanning device for

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the first time.

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

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every six months thereafter, the owner or operator shall witness

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the parent's or legal guardian's signing and dating of the

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warning statement required under section 5(b). The parent or

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legal guardian shall also sign a statement stating the

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relationship with a child who is under 14 years of age.

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

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not use a tanning device unless they present written permission

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by a properly licensed doctor of medicine or doctor of

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osteopathic medicine.

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

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maintained for all minor customers of the tanning facility for a

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period of at least three years.

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Section 9.  Training.

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

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present in accordance with subsection (b) who is sufficiently

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knowledgeable in the operation of the tanning devices,

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including:

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

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21 CFR 1040.20 (relating to sunlamp products and ultraviolet

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lamps intended for use in sunlamp products).

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

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Administration's recommended exposure schedule.

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(3)  Procedures for correct operation of the tanning

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facility.

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(4)  Recognition of injuries and the facility's

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procedures of handling the injuries from overexposure to

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ultraviolet radiation.

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(5)  Manufacturer's procedures for operation and

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maintenance of the tanning device.

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(6)  Use of protective eyewear.

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(7)  Emergency procedures in case of injury.

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(8)  Effects of ultraviolet radiation, acute and chronic

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exposure and health risks.

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(9)  Photosensitizing agents.

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(10)  The six different skin types.

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

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tanning facility during all operating hours while tanning

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equipment is in operation and shall inform and assist each

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

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consumer may use the tanning equipment in the absence of a

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trained operator.

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Section 10.  Inspections, violations and injunctions.

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

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

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

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(b)  Penalty.--

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(1)  A person who operates a tanning facility in

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violation of this act commits a misdemeanor and shall be

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subject to suspension or revocation of the tanning facility's

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license. A person who operates a tanning device in violation

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of this act commits a misdemeanor.

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(2)  A person who is in violation of section 8 shall be

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subject to a civil penalty of not more than $250 for the

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first violation, up to $500 for the second violation and up

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to $1,000 for each subsequent violation. The penalty shall be

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paid to the Department of Health for deposit in the State

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Treasury.

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

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violation of this act that creates an immediate threat to the

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

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revoke the tanning facility's license to operate.

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(d)  Procedure.--

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(1)  The department may take the following steps in

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writing or use any other acts and regulations to enforce the

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provisions of this act:

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(i)  Cite each section of the act violated.

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

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or operator failed to comply with this act.

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(iii)  Require a corrective action plan, including a

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reasonable time schedule for completion. The department

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shall review the corrective action plan and approve or

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require modification of the plan.

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(2)  If a tanning facility fails to comply with

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conditions of the written notice provided under paragraph

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

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operator, by certified mail, that unless action is taken

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within five days of receipt of the written notice, the

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tanning facility's license shall be suspended or revoked.

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Section 11.  Fund established; disposition of fees, fines and

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penalties.

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(a)  Fund established.--There is hereby established a

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restricted account within the General Fund known as the Indoor

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Tanning Regulation Fund.

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(b)  Disposition of moneys.--All fees, fines and civil

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penalties imposed in accordance with this act shall be paid into

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the Indoor Tanning Regulation Fund and are hereby appropriated

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to the department for use in the performance of its duties under

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this act.

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Section 20.  Severability.

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

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this act or its application to any person or circumstance is

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held invalid, the invalidity shall not affect other provisions

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or applications of this act which can be given effect without

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the invalid provision or application.

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Section 30.  Effective date.

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This act shall take effect in 180 days.

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