1Providing for the regulation of indoor tanning facilities;
2establishing the Indoor Tanning Regulation Fund; and
3providing for penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Indoor
8Tanning Regulation Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Customer." A member of the public who is provided access to
14a tanning facility in exchange for a fee or other compensation
15or any individual who, in exchange for a fee or other
16compensation, is afforded use of a tanning facility as a
17condition or benefit of membership or access.

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

1"Fitzpatrick scale." A scale for classifying a skin type,
2based on the skin's reaction to the first ten to 45 minutes of
3sun exposure after the winter season as follows:

4Skin Type	Sunburning and Tanning History
51	Always burns easily, never tans
62	Always burns easily, tans minimally
73	Burns moderately, tans gradually
84	Burns moderately, tans gradually
95	Rarely burns, tans profusely
106	Never burns, deeply pigmented

11"Legal entity." An individual, corporation, partnership,
12proprietorship or association.

13"Operator." An individual designated by a legal entity to
14control operation of the tanning facility and to instruct and
15assist the customer in the proper operation of the tanning
16equipment.

17"Phototherapy device." Equipment that emits ultraviolet
18radiation and is used by health care professionals in the
19treatment of disease. The term shall not include any of the
20following:

21(1) Devices utilized by appropriate health care
22professionals under the direct supervision of a physician who
23is trained in the use of phototherapy devices.

24(2) Devices used for personal use in a private
25residence.

26(3) Devices intended for purposes other than the
27irradiation of human skin.

28"Tanning equipment or device." Equipment that emits
29radiation used for tanning of the skin, such as a sunlamp,
30tanning booth or tanning bed that emits electromagnetic

1radiation with wavelengths in the air between 200 and 400
2nanometers. The term includes any accompanying equipment, such
3as protective eyewear, timers and handrails.

4"Tanning facility." Any place where a tanning device is used
5for a fee, membership dues or any other compensation.

6"Ultraviolet radiation." Electromagnetic radiation with
7wavelengths between 200 and 400 nanometers.

8Section 3. Certificate of registration and fees.

9(a) Requirement.--No legal entity shall establish, maintain,
10operate or hold itself out as authorized to establish, maintain
11or operate a tanning facility without first having obtained a
12certificate of registration issued by the department.

13(b) Application.--A legal entity may apply for a certificate
14of registration required under subsection (a) by submitting an
15application to the department on a form prescribed by the
16department. The form shall require all of the following
17information:

18(1) The name, address and telephone number of the
19tanning facility and owner.

20(2) The manufacturer, model number and type of each
21ultraviolet lamp or tanning device used in the tanning
22facility.

23(3) The name and contact information of the equipment
24supplier, installer and service agent of each ultraviolet
25lamp or tanning device used in the tanning facility.

26(4) A signed and dated certification that the applicant
27has read and understands the requirements of this act.

28(5) A copy of the operating and safety procedures of the
29tanning facility.

30(6) Any additional information required by the

1department.

2(c) Determination.--The department shall issue a certificate
3of registration to an applicant upon determination that the
4applicant meets all of the requirements of this act.

5(d) Fee.--An applicant shall be required to pay a
6registration fee of $300 per salon, including ten devices, and
7$20 per additional bed for each year that the facility applies
8for a certificate of registration. The department may increase
9registration fees by regulation to ensure implementation of this
10act.

11(e) Posting.--A legal entity shall post its certificate of
12registration in a location clearly visible to its customers.

13(f) Disclaimer.--The department shall promulgate language to
14be clearly placed on the certificate of registration explaining
15that such facility has not had an initial inspection by the
16department.

17(g) Term.--A certificate of registration shall be issued for
18a period of time not to exceed 12 months following the date of
19issuance and shall be renewable for one additional year, subject
20to extension as provided in section 3.1.

21(h) Renewal.--A legal entity shall submit an application for
22renewal of a certificate of registration on a form prescribed by
23the department prior to expiration of its current certificate of
24registration.

25(i) Nontransferability.--A certificate of registration shall
26not be transferable from one legal entity or one tanning
27facility to another.

28(j) Denial, suspension or revocation.--The following shall
29apply to the denial, suspension or revocation of a certificate
30of registration:

1(1) The department may deny, suspend or revoke a
2certificate of registration for any of the following reasons:

3(i) Submission of false statements in application,
4reports, plans or specifications.

5(ii) For conditions which violate this act.

6(iii) Operation of the tanning facility in a manner
7that threatens public health or safety.

8(iv) Failure to allow the department to enter the
9tanning facility at reasonable hours for inspection or
10investigation.

11(v) Failure to pay registration fees.

12(2) Except in cases involving an immediate threat to
13public health and safety under section 11(b), the department
14shall, prior to suspension or revocation of a certificate of
15registration, provide written notice to the legal entity to
16whom the certificate of registration has been issued of the
17facts or conduct which may warrant suspension or revocation
18and shall provide the legal entity with an opportunity to
19demonstrate or achieve compliance. The legal entity may
20request an administrative hearing upon receipt of the written
21notice.

22(k) Expiration.--

23(1) Except as otherwise provided in paragraph (2), this
24section shall expire two years from its effective date.

25(2) Paragraph (1) shall not apply to the duty to post
26under subsection (e), the term provisions of subsection (g),
27the nontransferability provisions of subsection (i) or the
28powers of the department under subsection (j) and this
29subsection.

30(3) A certificate of registration issued by the

1department that is not extended in accordance with the
2provisions of section 3.1 shall automatically expire two
3years from the effective date of this section.

4Section 3.1. Extension of certificates of registration.

5If a legal entity that holds a valid certificate of
6registration issued by the department has applied for a license
7from the department prior to the expiration date of section 3(a)
8and the department has not inspected the tanning facility for
9purposes of reviewing the application for the license by the
10expiration date, then the term of the certificate of
11registration shall be extended until:

12(1) the department approves or denies the application
13for license; or

14(2) the department revokes or suspends the certificate
15of registration in accordance with section 3(j).

16Section 4. Licensing and fees.

17(a) Requirement.--No legal entity shall establish, maintain,
18operate or hold itself out as authorized to establish, maintain
19or operate a tanning facility unless the legal entity has:

20(1) obtained a license issued by the department; or

21(2) been issued a certificate of registration that is
22extended under the provisions of section 3.1.

23(b) Application.--A legal entity may apply for a license
24required under subsection (a) by submitting an application to
25the department on a form prescribed by the department. The form
26shall require all of the following information:

27(1) The name, address and telephone number of the
28tanning facility and owner.

29(2) The manufacturer, model number and type of each
30ultraviolet lamp or tanning device used in the tanning

1facility.

2(3) The name and contact information of the equipment
3supplier, installer and service agent of each ultraviolet
4lamp or tanning device used in the tanning facility.

5(4) A signed and dated certification that the applicant
6has read and understands the requirements of this act.

7(5) A copy of the operating and safety procedures of the
8tanning facility.

9(6) Any additional information required by the
10department.

11(c) Determination.--The department shall issue a license to
12an applicant upon determination that the applicant meets all of
13the requirements of this act.

14(d) Fee.--An applicant shall be required to pay a license
15fee in such amount as determined by regulation of the
16department. The department shall not establish the fee in excess
17of the amount necessary to conduct inspections and to enforce
18the provisions of this act.

19(e) Posting.--A licensee shall post its license in a
20location clearly visible to its customers.

21(f) Expiration.--A license shall expire annually on the date
22specified on the license.

23(g) Renewal.--A licensee must file an application for
24renewal on a form prescribed by the department prior to
25expiration of its current license.

26(h) Nontransferability.--A license shall not be transferable
27from one legal entity or one tanning facility to another.

28(i) Denial, suspension or revocation.--The following shall
29apply to the denial, suspension or revocation of a license:

30(1) The department may deny, suspend or revoke licensure

1for any of the following reasons:

2(i) Submission of false statements in application,
3reports, plans or specifications.

4(ii) For conditions which violate this act.

5(iii) Operation of the tanning facility in a manner
6that threatens public health or safety.

7(iv) Failure to allow the department to enter the
8tanning facility at reasonable hours for inspection or
9investigation.

10(v) Failure to pay license fees.

11(2) Except in cases involving an immediate threat to
12public health and safety under section 11(b), the department
13shall, prior to suspension or revocation of a license,
14provide written notice to the licensee of the facts or
15conduct which may warrant suspension or revocation and shall
16provide the licensee with an opportunity to demonstrate or
17achieve compliance. The licensee may request an
18administrative hearing upon receipt of the written notice.

19Section 5. Inspection.

20(a) Access.--The department shall have access at reasonable
21times to any tanning facility, including its records, to inspect
22and determine whether the tanning facility is in compliance with
23this act.

24(b) Certificate of registration.--A tanning facility that
25holds a certificate of registration is subject to inspections as
26follows:

27(1) For purposes of a random sample on an announced or
28unannounced basis.

29(2) At the request of an operator on an announced or
30unannounced basis.

1(3) In response to a complaint on an unannounced basis.

2(c) Licensure.--A tanning facility that applies for a
3license or holds a license is subject to inspections as follows:

4(1) An initial inspection shall be conducted by the
5department after receipt of the application.

6(2) For purposes of a random sample on an announced or
7unannounced basis.

8(3) In response to a complaint on an unannounced basis.

9(d) Scope.--Inspections conducted by the department under
10this section shall encompass all of the following matters:

11(1) The operation of the tanning facility.

12(2) Review of required records and training
13documentation.

14(3) Operator understanding and competency.

15(4) Any other area concerning a requirement of this act.

16Section 6. Warning signs and statements.

17(a) Warning signs and statements describing hazards.--A
18tanning facility shall post a warning sign in a place readily
19visible to persons entering the establishment. The sign shall
20have dimensions not less than 11 inches by 17 inches. Lettering
21must be clear, legible and at least 0.25 inches high, with all
22of the following provisions on the sign:

23(1) The wording, "DANGER--ULTRAVIOLET RADIATION," in
24letters at least 0.5 inches high.

25(2) Follow the manufacturer's instructions for use of
26this device.

27(3) Avoid overexposure. As with natural sunlight,
28overexposure can cause eye and skin injury and allergic
29reactions. Repeated exposure to ultraviolet radiation may
30cause chronic sun damage characterized by wrinkling, dryness,

1fragility, bruising of the skin and skin cancer.

2(4) Do not sunbathe before or after exposure to
3ultraviolet radiation from sunlamps.

4(5) Wear protective eyewear. Failure to use protective
5eyewear may result in severe burns or permanent injury to the
6eyes.

7(6) Medications or cosmetics may increase your
8sensitivity to the ultraviolet radiation. Consult a physician
9before using a sunlamp if you are using medications, have a
10history of skin problems or believe you are especially
11sensitive to sunlight. Women who are pregnant or are taking
12oral contraceptives who use this product may develop
13discolored skin.

14(7) Contact the Department of Health to report an
15alleged injury regarding this tanning facility.

16(8) The wording, "IF YOU DO NOT TAN IN THE SUN, YOU ARE
17UNLIKELY TO TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP."

18(b) Written warning statement.--Each customer shall be
19provided with a written warning statement requiring a signature
20prior to initial exposure. The warning statement shall include
21all of the following:

22(1) Failure to use the eye protection provided to the
23customer by the tanning facility may result in damage to the
24eyes.

25(2) Overexposure to ultraviolet light causes burns.

26(3) Repeated exposure may result in premature aging of
27the skin and skin cancer.

28(4) Abnormal skin sensitivity or burning may be caused
29by reactions of ultraviolet light to certain:

30(i) foods;

1(ii) cosmetics; or

2(iii) medications, including:

3(A) tranquilizers;

4(B) diuretics;

5(C) antibiotics;

6(D) high blood pressure medicines; or

7(E) birth control pills.

8(5) Any person taking a prescription or over-the-counter
9drug should consult a physician before using a tanning
10device.

11(6) A person with skin that always burns easily and
12never tans should avoid a tanning device.

13(7) A person with a family or past medical history of
14skin cancer should avoid a tanning device.

15(c) Liability.--The warning statement provided under
16subsection (b) shall not affect the liability of the owner,
17manager or operator of a tanning facility in the event that a
18customer fails to follow the warning statement and incurs
19damages.

20Section 7. Tanning devices.

21(a) Federal certification.--Only tanning devices
22manufactured and certified under 21 CFR 1040.20 (relating to
23sunlamp products and ultraviolet lamps intended for use in
24sunlamp products) may be used in tanning facilities.

25(b) Condition.--All tanning devices shall do all of the
26following:

27(1) Meet the National Fire Protection Association's
28National Electrical Code and any other State or local
29electrical codes.

30(2) Have physical barriers to protect customers from

1injury due to touching or breaking lamps.

2(3) Be maintained in good repair.

3(c) Stand-up booths.--Stand-up booths shall meet all of the
4following conditions:

5(1) Have physical barriers or other means to indicate
6proper exposure distance.

7(2) Be constructed rigidly enough to withstand stress of
8use and impact of a falling person.

9(3) Access shall be of rigid construction, doors must
10open outwardly and handrails and nonslip floors must be
11provided.

12(d) Protective eyewear.--Operators shall require customers
13to wear protective eyewear in order to use a tanning device.
14When a tanning device is in use, no other person shall be
15allowed to remain in the area unless the person wears protective
16eyewear. Protective eyewear shall do all of the following:

17(1) Be provided free of charge, along with instructions
18for use. Customers may also be given the option to purchase
19their own eyewear.

20(2) Meet the requirements of 21 CFR 1040.20.

21(3) Be properly sanitized before each use. Ultraviolet
22rays shall not be considered a sanitizing agent.

23Section 8. Operation.

24(a) Skin type.--Operators must be able to recognize the skin
25type of the customer based on the Fitzpatrick scale and advise
26the customer accordingly in regard to maximum time of exposure.

27(b) Customer records.--A record shall be kept of each
28customer's total number of tanning visits, date, time and
29duration of each.

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

1act shall be maintained in the tanning facility for a minimum of
2seven years. Records on computer must be backed up on storage
3media other than the hard drive at least monthly and must be
4retrievable as a printed copy. Records shall be accessible by
5the department during an inspection.

6(d) Duration and frequency.--Operators shall limit session
7duration and frequency to maximums recommended by the
8manufacturer.

9Section 9. Restrictions on use by minors.

10(a) Accompaniment.--All minors shall be accompanied by their
11parent or legal guardian in order to use a tanning device for
12the first time at each facility.

13(b) Identification.--Before the first use by a minor and
14every six months thereafter, the owner or operator shall witness
15the parent's or legal guardian's signing and dating of the
16warning statement required under section 6(b). The parent or
17legal guardian shall also sign a statement stating the
18relationship with a child who is under 18 years of age.

19(c) Medical permission.--Persons under 16 years of age may
20not use a tanning device unless they present written permission
21by a properly licensed doctor of medicine or doctor of
22osteopathic medicine.

23(d) Parental consent.--Persons 16 years of age or older and
24under 18 years of age must have parental consent to utilize a
25tanning device.

26(e) Records.--Records of parental consent shall be
27maintained for all minor customers of the tanning facility for a
28period of at least three years.

29Section 10. Training.

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

1present in accordance with subsection (b) who is sufficiently
2knowledgeable in the operation of the tanning devices,
3including:

4(1) Knowledge of the requirements of this section and of
521 CFR 1040.20 (relating to sunlamp products and ultraviolet
6lamps intended for use in sunlamp products).

7(2) Proper use of the United States Food and Drug
8Administration's recommended exposure schedule.

9(3) Procedures for correct operation of the tanning
10facility.

11(4) Recognition of injuries and the facility's
12procedures of handling the injuries from overexposure to
13ultraviolet radiation.

14(5) Manufacturer's procedures for operation and
15maintenance of the tanning device.

16(6) Use of protective eyewear.

17(7) Emergency procedures in case of injury.

18(8) Effects of ultraviolet radiation, acute and chronic
19exposure and health risks.

20(9) Photosensitizing agents.

21(10) The six different skin types.

22(b) Presence.--A trained operator shall be present at the
23tanning facility during all operating hours while tanning
24equipment is in operation and shall inform and assist each
25customer in the operation and use of the tanning device. No
26consumer may use the tanning equipment in the absence of a
27trained operator.

28Section 11. Sanctions.

29(a) Penalties.--

30(1) A legal entity that operates a tanning facility in

1violation of this act commits a misdemeanor and shall be
2subject to suspension or revocation of the tanning facility's
3certificate of registration or license. A person who operates
4a tanning device in violation of this act commits a
5misdemeanor.

6(2) A legal entity that is in violation of section 9
7shall be subject to a civil penalty of not more than $250 for
8the first violation, up to $500 for the second violation and
9up to $1,000 for each subsequent violation.

10(b) Suspension or revocation.--If the department finds a
11violation of this act that creates an immediate threat to the
12health and safety of the public, the department may suspend or
13revoke the tanning facility's certificate of registration or
14license to operate.

15(c) Enforcement.--

16(1) The department may take the following steps in
17writing or use any other acts and regulations to enforce the
18provisions of this act:

19(i) Cite each section of the act violated.

20(ii) Specify the manner in which the owner, manager
21or operator failed to comply with this act.

22(iii) Require a corrective action plan, including a
23reasonable time schedule for completion. The department
24shall review the corrective action plan and approve or
25require modification of the plan.

26(2) If a tanning facility fails to comply with
27conditions of the written notice provided under paragraph
28(1), the department shall notify the owner, manager or
29operator, by certified mail, that unless action is taken
30within five days of receipt of the written notice, the

1tanning facility's certificate of registration or license
2shall be suspended or revoked.

3Section 12. Fund established; disposition of fees, fines and
4penalties.

5(a) Fund established.--There is hereby established a
6restricted account within the General Fund known as the Indoor
7Tanning Regulation Fund.

8(b) Disposition of moneys.--All fees, fines and civil
9penalties imposed in accordance with this act shall be paid into
10the Indoor Tanning Regulation Fund and are hereby appropriated
11to the department for use in the performance of its duties under
12this act.

13Section 13. Departmental duties.

14The department shall administer the provisions of this act
15and promulgate and adopt such regulations as may be necessary to
16implement this act.

17Section 14. Severability.

18The provisions of this act are severable. If any provision of
19this act or its application to any person or circumstance is
20held invalid, the invalidity shall not affect other provisions
21or applications of this act which can be given effect without
22the invalid provision or application.

23Section 30. Effective date.

24This act shall take effect as follows:

25(1) Section 3 shall take effect in 90 days.

26(2) Section 4 shall take effect in two years and 90
27days.

28(3) The remainder of this act shall take effect
29immediately.