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| PRIOR PRINTER'S NO. 471 | PRINTER'S NO. 1175 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, ERICKSON, ALLOWAY, COSTA, STOUT, BRUBAKER, WASHINGTON, LOGAN, O'PAKE AND WONDERLING, MARCH 2, 2009 |
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| SENATOR ERICKSON, PUBLIC HEALTH AND WELFARE, AS AMENDED, JUNE 17, 2009 |
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| AN ACT |
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1 | Providing for the regulation of indoor tanning facilities and |
2 | for penalties. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Indoor |
7 | Tanning Regulation Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Customer." A member of the public who is provided access to |
13 | a tanning facility in exchange for a fee or other compensation |
14 | or any individual who, in exchange for a fee or other |
15 | compensation, is afforded use of a tanning facility as a |
16 | condition or benefit of membership or access. |
17 | "Department." The Department of Health of the Commonwealth. |
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1 | "Fitzpatrick scale." A scale for classifying a skin type, |
2 | based on the skin's reaction to the first ten to 45 minutes of |
3 | sun exposure after the winter season as follows: |
4 | Skin Type | Sunburning and Tanning History | 5 | 1 | Always burns easily, never tans | 6 | 2 | Always burns easily, tans minimally | 7 | 3 | Burns moderately, tans gradually | 8 | 4 | Burns minimally, always tans well | 9 | 5 | Rarely burns, tans profusely | 10 | 6 | Never burns, deeply pigmented |
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11 | "Operator." An individual designated by the licensee to |
12 | control operation of the tanning facility and to instruct and |
13 | assist the customer in the proper operation of the tanning |
14 | equipment. |
15 | "Person." An individual, partnership, corporation or |
16 | association. |
17 | "Phototherapy device." Equipment that emits ultraviolet |
18 | radiation and is used by health care professionals in the |
19 | treatment of disease. The term shall not include any of the |
20 | following: |
21 | (1) Devices utilized by appropriate health care |
22 | professionals under the direct supervision of a physician who |
23 | is trained in the use of phototherapy devices. |
24 | (2) Devices used for personal use in a private |
25 | residence. |
26 | (3) Devices intended for purposes other than the |
27 | irradiation of human skin. |
28 | "Tanning equipment or device." Equipment that emits |
29 | radiation used for tanning of the skin, such as a sunlamp, |
30 | tanning booth or tanning bed that emits electromagnetic |
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1 | radiation with wavelengths in the air between 200 and 400 |
2 | nanometers. The term includes any accompanying equipment, such |
3 | as protective eyewear, timers and handrails. |
4 | "Tanning facility." Any place where a tanning device is used |
5 | for a fee, membership dues or any other compensation. |
6 | "Ultraviolet radiation." Electromagnetic radiation with |
7 | wavelengths between 200 and 400 nanometers. |
8 | Section 3. Licensing and fees. |
9 | (a) Requirement.--No person shall establish, maintain, |
10 | operate or hold itself out as authorized to establish, maintain |
11 | or operate a tanning facility without first having obtained a |
12 | license issued by the department. |
13 | (b) Application.--A person may apply for a license required |
14 | under subsection (a) by submitting an application to the |
15 | department on a form prescribed by the department. The form |
16 | shall require all of the following information: |
17 | (1) The name, address and telephone number of the |
18 | tanning facility and owner. |
19 | (2) The manufacturer, model number and type of each |
20 | ultraviolet lamp or tanning device used in the tanning |
21 | facility. |
22 | (3) The name of the equipment supplier, installer and |
23 | service agent of each ultraviolet lamp or tanning device used |
24 | in the tanning facility. |
25 | (4) A signed and dated certification that the applicant |
26 | has read and understands the requirements of this act. |
27 | (5) A copy of the operating and safety procedures of the |
28 | tanning facility. |
29 | (6) Any additional information required by the |
30 | department. |
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1 | (c) Determination.--The department shall issue a license to |
2 | an applicant upon determination that the applicant meets all of |
3 | the requirements of this act. |
4 | (d) Fee.--An applicant shall be required to pay a license |
5 | fee of $250 per salon and $50 per additional bed, based on the | <-- |
6 | number of tanning devices $300 per salon, including ten devices, | <-- |
7 | and $20 per additional bed, in an amount sufficient to cover the |
8 | cost of annual inspection and administration of this act. |
9 | (e) Posting.--A licensee shall post its license in a |
10 | location clearly visible to its customers. |
11 | (f) Expiration.--A license shall expire annually on the date |
12 | specified in the license. |
13 | (g) Renewal.--A licensee must file an application for |
14 | renewal on a form prescribed by the department prior to |
15 | expiration of its current license. |
16 | (h) Transfer.--A license shall not be transferable from one |
17 | person or one tanning facility to another. |
18 | (i) Denial, suspension or revocation.--The following shall |
19 | apply to the denial, suspension or revocation of a license: |
20 | (1) The department shall have the authority to deny, |
21 | suspend or revoke licensure for any of the following reasons: |
22 | (i) Submission of false statements in application, |
23 | reports, plans or specifications. |
24 | (ii) For conditions which violate this act. |
25 | (iii) Operation of the tanning facility in a manner |
26 | that threatens public health or safety. |
27 | (iv) Failure to allow the department to enter the |
28 | tanning facility at reasonable hours for inspection or |
29 | investigation. |
30 | (v) Failure to pay license fees. |
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1 | (2) Except in cases involving public health and safety, |
2 | the department shall, prior to suspension or revocation of a |
3 | license, provide written notice to the licensee of the facts |
4 | or conduct which may warrant suspension or revocation and |
5 | shall provide the licensee with an opportunity to demonstrate |
6 | or achieve compliance. The licensee may request an |
7 | administrative hearing upon receipt of the written notice. |
8 | Section 4. Inspection. |
9 | (a) Time.--The department shall conduct an initial |
10 | inspection, after receipt of an application for a license under |
11 | section 3 and before the license is granted, of a tanning |
12 | facility and may inspect each year thereafter. |
13 | (b) Conduct.--Inspections conducted by the department under |
14 | this section shall encompass all of the following matters: |
15 | (1) The construction and operation of the tanning |
16 | facility. |
17 | (2) Review of required records and training |
18 | documentation. |
19 | (3) Operator understanding and competency. |
20 | (4) Any other area concerning a requirement of this act. |
21 | Section 5. Warning signs and statements. |
22 | (a) Warning signs and statements describing hazards.--A |
23 | tanning facility shall post a warning sign in a place readily |
24 | visible to persons entering the establishment. The sign shall |
25 | have dimensions not less than 11 inches by 17 inches. Lettering |
26 | must be clear, legible and at least 0.25 inches high, with all |
27 | of the following provisions on the sign: |
28 | (1) The wording, "DANGER--ULTRAVIOLET RADIATION", in |
29 | letters at least 0.5 inches high. |
30 | (2) Follow the manufacturer's instructions for use of |
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1 | this device. |
2 | (3) Avoid overexposure. As with natural sunlight, |
3 | overexposure can cause eye and skin injury and allergic |
4 | reactions. Repeated exposure to ultraviolet radiation may |
5 | cause chronic sun damage characterized by wrinkling, dryness, |
6 | fragility, bruising of the skin and skin cancer. |
7 | (4) Do not sunbathe before or after exposure to |
8 | ultraviolet radiation from sunlamps. |
9 | (5) Wear protective eyewear. Failure to use protective |
10 | eyewear may result in severe burns or permanent injury to the |
11 | eyes. |
12 | (6) Medications or cosmetics may increase your |
13 | sensitivity to the ultraviolet radiation. Consult a physician |
14 | before using a sunlamp if you are using medications, have a |
15 | history of skin problems or believe you are especially |
16 | sensitive to sunlight. Women who are pregnant or are taking |
17 | oral contraceptives who use this product may develop |
18 | discolored skin. |
19 | (7) A customer may call the Department of Health at |
20 | (insert telephone number) to report an alleged injury |
21 | 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) Posting.--The sign under subsection (a) shall also be | <-- |
25 | posted within three feet of each tanning device, in a |
26 | conspicuous location that is readily visible to a person about |
27 | to use the device with no obstruction. |
28 | (c) Written warning statement.--Each customer shall be |
29 | provided with a written warning statement requiring their |
30 | signature prior to initial exposure and before renewals of | <-- |
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1 | contracts. The warning statement shall include all of the |
2 | following: |
3 | (1) Failure to use the eye protection provided to the |
4 | customer by the tanning facility may result in damage to the |
5 | eyes. |
6 | (2) Overexposure to ultraviolet light causes burns. |
7 | (3) Repeated exposure may result in premature aging of |
8 | the skin and skin cancer. |
9 | (4) Abnormal skin sensitivity or burning may be caused |
10 | by reactions of ultraviolet light to certain: |
11 | (i) foods; |
12 | (ii) cosmetics; or |
13 | (iii) medications, including: |
14 | (A) tranquilizers; |
15 | (B) diuretics; |
16 | (C) antibiotics; |
17 | (D) high blood pressure medicines; or |
18 | (E) birth control pills. |
19 | (5) Any person taking a prescription or over-the-counter |
20 | drug should consult a physician before using a tanning |
21 | device. |
22 | (6) A person with skin that always burns easily and |
23 | never tans should avoid a tanning device. |
24 | (7) A person with a family or past medical history of |
25 | skin cancer should avoid a tanning device. |
26 | (d) (c) Liability.--The warning statement provided under | <-- |
27 | subsection (c) (b) shall not affect the liability of the owner, | <-- |
28 | manager or operator of a tanning facility in the event that a |
29 | customer fails to follow the warning statement and incurs |
30 | damages. |
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1 | Section 6. Tanning devices. |
2 | (a) Federal certification.--Only tanning devices |
3 | manufactured and certified under 21 CFR 1040.20 (relating to |
4 | sunlamp products and ultraviolet lamps intended for use in |
5 | sunlamp products) may be used in tanning facilities. |
6 | (b) Device labeling.--Each tanning device shall be | <-- |
7 | permanently labeled in a conspicuous place with the following |
8 | information: |
9 | (1) The warning statement required under section 5(c). |
10 | (2) Recommended exposure positions. |
11 | (3) Recommended duration and frequency of exposure. |
12 | (4) The length of time before expected results appear. |
13 | (5) Lamp types. |
14 | (c) Tanning device timers.--Tanning device timers shall meet |
15 | all of the following requirements: |
16 | (1) Compliance with 21 CFR 1040.20. |
17 | (2) Permit remote timer control by operators so that |
18 | customers may not reset the timer. |
19 | (3) Permit manual control for customer in order to |
20 | terminate radiation emission. |
21 | (d) Facility temperature.--An operator shall control the |
22 | interior of a tanning facility so that it does not exceed 100 |
23 | degrees Fahrenheit. |
24 | (e) Privacy.--A facility shall adopt and instruct all |
25 | employees in procedures to ensure the reasonable privacy of |
26 | customers. |
27 | (f) (b) Condition.--All tanning devices shall do all of the | <-- |
28 | following: |
29 | (1) Meet the National Fire Protection Association's |
30 | National Electrical Code and any other State or local |
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1 | electrical codes. |
2 | (2) Have physical barriers to protect customers from |
3 | injury due to touching or breaking lamps. |
4 | (3) Be maintained in good repair. |
5 | (g) (c) Stand-up booths.--Stand-up booths shall meet all of | <-- |
6 | the following conditions: |
7 | (1) Have physical barriers or other means to indicate |
8 | proper exposure distance. |
9 | (2) Be constructed rigidly enough to withstand stress of |
10 | use and impact of a falling person. |
11 | (3) Access shall be of rigid construction, doors must |
12 | open outwardly and handrails and nonslip floors must be |
13 | provided. |
14 | (h) (d) Protective eyewear.--Operators shall require | <-- |
15 | customers to wear protective eyewear in order to use a tanning |
16 | device. When a tanning device is in use, no other person shall |
17 | be allowed to remain in the area unless the person wears |
18 | protective eyewear. Protective eyewear shall do all of the |
19 | following: |
20 | (1) Be provided free of charge, along with instructions |
21 | for use. Customers may also be given the option to purchase |
22 | their own eyewear. |
23 | (2) Meet the requirements of 21 CFR 1040.20. |
24 | (3) Be properly sanitized before each use. Ultraviolet |
25 | rays shall not be considered a sanitizing agent. |
26 | Section 7. Operation. |
27 | (a) Presence.--A trained operator must be present when | <-- |
28 | tanning equipment is operated. The operator must be within |
29 | hearing distance to allow the customer to easily summon help if |
30 | necessary or the customer must have access to an intercom or |
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1 | buzzer for the operator and the operator must be able to reach |
2 | the customer in 30 seconds. |
3 | (b) Control.--Tanning equipment must have a control that |
4 | enables the user to manually terminate radiation without pulling |
5 | the electrical plug or coming in contact with the ultraviolet |
6 | lamp. |
7 | (c) Instruction.--Operators shall instruct customers in |
8 | regard to all of the following: |
9 | (1) The proper position to maintain relative to the |
10 | equipment. |
11 | (2) The position of the safety railing, if applicable. |
12 | (3) The operation of the manual switching device to |
13 | terminate radiation. |
14 | (4) The maximum time of exposure. |
15 | (d) (a) Skin type.--Operators must be able to recognize the | <-- |
16 | skin type of the customer based on the Fitzpatrick scale and |
17 | advise the customer accordingly in regard to maximum time of |
18 | exposure. |
19 | (e) (b) Customer records.--A record shall be kept of each | <-- |
20 | customer's total number of tanning visits, date, time and |
21 | duration of each, as well as medications taken and any injuries | <-- |
22 | or illness resulting from the use of the device. |
23 | (f) Reports of injuries.--A written or oral report of any | <-- |
24 | tanning injury must be provided to the department by the end of |
25 | the next working day after its occurrence or upon gaining |
26 | knowledge of the accident. The report shall include the name of |
27 | the affected individual, the name and location of tanning |
28 | facility, the nature of injury, the name and address of a health |
29 | care provider, if applicable, and any other relevant |
30 | information. The department shall send reports of all injuries |
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1 | to the United States Food and Drug Administration. |
2 | (g) Bulbs.--At intervals required by the manufacturer, bulbs |
3 | shall be replaced with a kind intended for use in that device or |
4 | with lamps or filters considered equivalent under United States |
5 | Food and Drug Administration regulations at the time of |
6 | manufacture. Records shall be maintained and accessible to |
7 | customers. Facilities must also post dates of bulb changing |
8 | where visible on every tanning device. The requirements of this |
9 | subsection shall also apply to defective or burned-out lamps or |
10 | filters. |
11 | (h) Sanitation.--Contact surfaces of tanning devices must be |
12 | cleansed between uses by the tanning facility with a cleansing |
13 | agent approved by the department. After cleansing each time, a |
14 | visible sign must be placed on the bed or booth indicating that |
15 | it has been properly cleaned. Bathrooms and dressing rooms must |
16 | also be properly sanitized and customers must be provided with |
17 | clean towels and washcloths. |
18 | (i) (c) Records.--All records or documentation required by | <-- |
19 | this act shall be maintained in the tanning facility for a |
20 | minimum of three years. Records on computer must be backed up on |
21 | storage media other than the hard drive at least monthly and |
22 | must be retrievable as a printed copy. Records shall be |
23 | accessible by the department during an inspection. |
24 | (j) (d) Duration and frequency.--Operators shall limit | <-- |
25 | session duration and frequency to maximums recommended by the |
26 | manufacturer. |
27 | Section 8. Restrictions on use by minors. |
28 | (a) Accompaniment.--All minors 14 to 18 years of age shall | <-- |
29 | be accompanied by their parent or legal guardian in order to use |
30 | a tanning device for the first time. | <-- |
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1 | (b) Identification.--Before each the first use by a minor 14 | <-- |
2 | to 18 years of age and every six months thereafter, the owner or | <-- |
3 | operator shall witness the parent's or legal guardian's signing |
4 | and dating of the warning statement required under section 5(c) | <-- |
5 | 5(b). The parent or legal guardian shall also sign a statement | <-- |
6 | stating the relationship with a child who is under 14 years of |
7 | age. |
8 | (c) Medical permission.--Persons under 14 years of age may |
9 | not use a tanning device unless they present written permission |
10 | by a properly licensed doctor of medicine or doctor of |
11 | osteopathic medicine. |
12 | (d) Duty.--It shall be the duty of the tanning facility | <-- |
13 | owner to ensure that each customer utilizing the tanning |
14 | facility is of legal age to do so. The tanning facility owner |
15 | shall be held responsible for the use of the tanning facility by |
16 | anyone under 18 years of age who is not accompanied by a parent |
17 | or legal guardian. Failure to ensure that a customer is of legal |
18 | age to utilize the tanning facility shall result in permanent |
19 | revocation of the license. |
20 | (e) Records.--Records of parental consent shall be |
21 | maintained for all minor customers of the tanning facility for a |
22 | period of at least three years. |
23 | Section 9. Training. |
24 | (a) Operators.--An individual shall satisfactorily complete | <-- |
25 | a training program before the individual can function as an |
26 | operator. The training program shall include all of the |
27 | following: |
28 | (1) The requirements of this act. |
29 | (2) Procedures for correct operation of the tanning |
30 | facility and devices. |
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1 | (3) The determination of skin type of customers, |
2 | including skin types based on the Fitzpatrick scale. |
3 | (4) The duration and frequency of exposure. |
4 | (5) Recognition of reaction, injury or overexposure. |
5 | (6) The manufacturer's procedures for operation and |
6 | maintenance of tanning devices. |
7 | (7) Health risks. |
8 | (8) Emergency procedures in case of injury. |
9 | (9) Customer refusal tactics. |
10 | (b) Owners and managers.--Owners and managers shall do all |
11 | of the following: |
12 | (1) Complete formal training and pass a certification |
13 | examination, approved by the department, before operating a |
14 | tanning facility or training employees. |
15 | (2) Train operators under subsection (a) and provide |
16 | review as necessary. |
17 | (c) Inspections.--The department shall investigate the level |
18 | of an individual's understanding and competency during |
19 | inspections. |
20 | (d) Proof.--Proof of training for owners, managers and |
21 | employees shall be maintained and available for inspection. |
22 | (e) Training classes.--If an operator or owner took training |
23 | classes in the year prior to the effective date of this section, |
24 | the operator or owner shall not be required to take courses but |
25 | must show proof of passing the class to the department. |
26 | Section 10. Promotional materials. |
27 | A tanning facility may not claim or distribute promotional |
28 | materials that claim that using a tanning device is safe or free |
29 | from risk or that the use of a tanning device will result in |
30 | medical or health benefits. A tanning facility may only claim or |
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1 | distribute promotional materials that claim that a tanning |
2 | device is for cosmetic use only. |
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, biological effects 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 and 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 11 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.--A person who operates a tanning facility in |
6 | violation of this act commits a misdemeanor and shall be subject |
7 | to suspension or revocation of the tanning facility's license. A |
8 | person who operates or uses a tanning device in violation of |
9 | this act commits a misdemeanor. |
10 | (c) Suspension or revocation.--If the department finds a |
11 | violation of this act that creates an immediate threat to the |
12 | health and safety of the public, the department may suspend or |
13 | revoke the tanning facility's license to operate. |
14 | (d) Procedure.-- |
15 | (1) The department may take the following steps in |
16 | writing or use any other acts and regulations to enforce the |
17 | provisions of this act: |
18 | (i) Cite each section of the act violated. |
19 | (ii) Specify the manner in which the owner, manager |
20 | or operator failed to comply with this act. |
21 | (iii) Require a corrective action plan, including a |
22 | reasonable time schedule for completion. The department |
23 | shall review the corrective action plan and approve or |
24 | require modification of the plan. |
25 | (2) If a tanning facility fails to comply with |
26 | conditions of the written notice provided under paragraph |
27 | (1), the department shall notify the owner, manager or |
28 | operator, by certified mail, that unless action is taken |
29 | within five days of receipt of the written notice, the |
30 | tanning facility's license shall be suspended or revoked. |
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1 | Section 20. Severability. |
2 | The provisions of this act are severable. If any provision of |
3 | this act or its application to any person or circumstance is |
4 | held invalid, the invalidity shall not affect other provisions |
5 | or applications of this act which can be given effect without |
6 | the invalid provision or application. |
7 | Section 30. Effective date. |
8 | This act shall take effect in 180 days. |
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