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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session


Posted: April 17, 2013 04:17 PM
From: Senator Patrick M. Browne
To: All Senate members
Subject: Indoor Tanning Regulations
In the near future, I intend to introduce legislation that would provide for the regulation of indoor tanning facilities and for penalties.

Currently, there are no regulations on indoor tanning in Pennsylvania. This legislation would require a $300 licensing fee per salon, which would include ten devices and $20.00 per additional bed. The Department of Health would conduct an initial inspection after an application has been received and the Department is permitted to inspect yearly.

The legislation requires the posting of warning signs, requires a written warning statement to be signed before initial exposure, and requires that minors shall be accompanied by their parent or legal guardian to utilize a device and the parent/guardian must sign a written warning statement. Individuals less than 16 years of age must have written medical permission from a physician before use. Individuals 16 years of age to less than 18 years of age must have parental consent to utilize a tanning device.

A violation of this act is a misdemeanor and the Department of Health is authorized to suspend or revoke a facility’s license for violations. Persons that violate the provisions of this act regarding a minor’s use of a tanning device shall be subject to a civil penalty of fines that range from $250.00 for the first violation, $500 for the second violation, and $1000.00 for the third and any subsequent violations.

The legislation also creates the Indoor Tanning Regulation Fund, a restricted account within the General Fund. All fees, fines and civil penalties imposed in accordance with the act will be paid into this account and shall be used by the Department of Health in performance of their duties under the act.

In 2012, the American Cancer Society estimated 76,250 new cases of melanoma in the United States. Risk factors for melanoma include sun exposure and sunburn, blistering sunburns during childhood or teenage years, fair skin, freckles, moles, and a family history of melanoma. High risk exposure to ultraviolet light happens more commonly in teens than across other age groups, and blistering sunburns and overexposure to ultraviolet light during childhood greatly increases the chance of developing skin cancer later in life. Therefore, many states have taken steps to regulate the use of tanning devices by minors, and 33 three states now restrict the use of tanning facilities by minors.

Introduced as SB1020