1Providing for the regulation of tanning facilities and for
2penalties.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Tanning
7Facility Regulation Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

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

17"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 minimally, always tans well
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 of the licensee and to
15instruct and assist the customer in the proper operation of the
16tanning equipment.

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. Certification 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 the extension as provided in section 4.

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 12(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 4 shall automatically expire two years
3from the effective date of this section.

4Section 4. 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 5. 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 4.

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 applications,
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 12(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 6. 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 7. 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 8. 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 9. 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 10. Restrictions on use by minors.

10(a) General rule.--No person under 18 years of age may use a
11tanning device.

12(b) Identification.--A legal entity or operator may request
13valid identification from a customer to determine the age of the
14customer.

15Section 11. Training.

16(a) Operator.--A tanning facility shall have an operator
17present in accordance with subsection (b) who is sufficiently
18knowledgeable in the operation of the tanning devices,
19including:

20(1) Knowledge of the requirements of this section and of
2121 CFR 1040.20 (relating to sunlamp products and ultraviolet
22lamps intended for use in sunlamp products).

23(2) Proper use of the United States Food and Drug
24Administration's recommended exposure schedule.

25(3) Procedures for correct operation of the tanning
26facility.

27(4) Recognition of injuries and the facility's
28procedures of handling the injuries from overexposure to
29ultraviolet radiation.

30(5) Manufacturer's procedures for operation and

1maintenance of the tanning device.

2(6) Use of protective eyewear.

3(7) Emergency procedures in case of injury.

4(8) Effects of ultraviolet radiation, acute and chronic
5exposure and health risks.

6(9) Photosensitizing agents.

7(10) The six different skin types.

8(b) Presence.--A trained operator shall be present at the
9tanning facility during all operating hours while tanning
10equipment is in operation and shall inform and assist each
11customer in the operation and use of the tanning device. No
12consumer may use the tanning equipment in the absence of a
13trained operator.

14Section 12. Sanctions.

15(a) Penalties.--

16(1) A legal entity that operates a tanning facility in 
17violation of this act commits a misdemeanor and shall be 
18subject to suspension or revocation of the tanning facility's 
19certificate of registration or license. A person who operates 
20a tanning device in violation of this act commits a 
21misdemeanor.

22(2) A legal entity that is in violation of section 10
23shall be subject to a civil penalty of not more than $250 for
24the first violation, up to $500 for the second violation and
25up to $1,000 for each subsequent violation. The penalty shall
26be paid to the department for deposit in the State Treasury.

27(3) It is an affirmative defense for an owner, manager
28or operator to an offense under section 10 that, prior to the
29date of the alleged violation, the owner, manager or operator
30has complied with all of the following:

1(i) adopted and implemented a written policy against
2permitting minors to use a tanning device at the tanning
3facility which includes:

4(A) a requirement that an employee ask an
5individual who appears to be 21 years of age or
6younger for a valid photo identification as proof of
7age prior to permitting the use of a tanning device;

8(B) a list of all types of acceptable photo
9identification;

10(C) a list of factors to be examined in the
11photo identification, including photo likeness, birth
12date, expiration date, bumps, tears or other damage
13and signature;

14(D) a requirement that, if the photo
15identification is missing any of the items listed in
16clause (C), it is not valid and cannot be accepted as
17proof of age for the use of a tanning device. A
18second photo identification may be required to permit
19the use of a tanning device, with questions referred
20to the manager; and

21(E) a disciplinary policy which includes
22employee counseling and suspension for failure to
23require valid photo identification and dismissal for
24repeated improper use of tanning devices by minors.

25(ii) informed all employees permitting use of a
26tanning device through an established training program of
27the applicable State law regarding the prohibited use of
28tanning devices by minors;

29(iii) documented employee training indicating that
30all employees permitting the use of tanning devices have

1been informed of and understand the written policy
2referred to in subparagraph (i);

3(iv) trained all employees permitting the use of a
4tanning device to verify that a customer is at least 18
5years of age before permitting the use of a tanning
6device;

7(v) conspicuously posted a notice that the use by a
8minor of a tanning device is illegal; and

9(vi) established and implemented disciplinary
10sanctions for noncompliance with the policy under
11subparagraph (i).

12(4) An affirmative defense under paragraph (3) must be
13proved by a preponderance of the evidence.

14(5) An affirmative defense under paragraph (3) may be
15used by an owner, manager or operator not more than three
16times at a tanning facility during any 24-month period.

17(b) Suspension or revocation.--If the department finds a
18violation of this act that creates an immediate threat to the
19health and safety of the public, the department may suspend or
20revoke the tanning facility's certificate of registration or
21license to operate.

22(c) Enforcement.--

23(1) The department may take the following steps in
24writing or use any other acts and regulations to enforce the
25provisions of this act:

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

27(ii) Specify the manner in which the owner, manager
28or operator failed to comply with this act.

29(iii) Require a corrective action plan, including a
30reasonable time schedule for completion. The department

1shall review the corrective action plan and approve or
2require modification of the plan.

3(2) If a tanning facility fails to comply with
4conditions of the written notice provided under paragraph
5(1), the department shall notify the owner, manager or
6operator, by certified mail, that unless action is taken
7within five days of receipt of the written notice, the
8tanning facility's certificate of registration or license
9shall be suspended or revoked.

10Section 13. Departmental duties.

11The department shall administer the provisions of this act
12and promulgate and adopt such regulations as may be necessary to
13implement this act.

14Section 20. Severability.

15The provisions of this act are severable. If any provision of
16this act or its application to any person or circumstance is
17held invalid, the invalidity shall not affect other provisions
18or applications of this act which can be given effect without
19the invalid provision or application.

20Section 30. Effective date.

21This act shall take effect as follows:

22(1) Section 3 shall take effect in 90 days.

23(2) Section 5 shall take effect in two years and 90
24days.

25(3) The remainder of this act shall take effect
26immediately.