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.

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

2"Fitzpatrick scale." A scale for classifying a skin type,
3based on the skin's reaction to the first ten to 45 minutes of
4sun exposure after the winter season as follows:

5Skin Type	Sunburning and Tanning History
61	Always burns easily, never tans
72	Always burns easily, tans minimally
83	Burns moderately, tans gradually
94	Burns minimally, always tans well
105	Rarely burns, tans profusely
116	Never burns, deeply pigmented

12"Legal entity." An individual, corporation, partnership,
13proprietorship or association.

14"Operator." An individual designated by the legal entity to
15control operation of the tanning facility and to instruct and
16assist the customer in the proper operation of the tanning
17equipment.

18"Tanning bed" or "tanning booth." A structure lined with
19sunlamps in which one stands or reclines in order to tan the
20skin.

21"Tanning equipment or device." Equipment that emits
22radiation used for tanning of the skin, such as a sunlamp,
23tanning booth or tanning bed that emits electromagnetic
24radiation with wavelengths in the air between 200 and 400
25nanometers. The term includes any accompanying equipment, such
26as protective eyewear, timers and handrails. The term does not
27include any of the following:

28(1) Phototherapy devices providing therapeutic benefits
29to patients receiving medically supervised treatment
30prescribed by and under the direct supervision of a licensed

1physician who is trained in the use of phototherapy devices.

2(2) Devices used for personal use in a private
3residence.

4(3) Devices intended for purposes other than the
5irradiation of human skin.

6(4) Devices used to apply chemicals to the skin to
7achieve a bronze color, commonly referred to as spray-on,
8mist-on or sunless tans.

9"Tanning facility." Any place where a tanning device is used
10for a fee, membership dues or any other compensation.

11"Ultraviolet radiation." Electromagnetic radiation with
12wavelengths between 200 and 400 nanometers.

13Section 3. Certificate of registration and fees.

14(a) Requirement.--No legal entity shall establish, maintain,
15operate or hold itself out as authorized to establish, maintain
16or operate a tanning facility without first having obtained a
17certificate of registration issued by the department.

18(b) Application.--A legal entity may apply for a certificate
19of registration required under subsection (a) by submitting an
20application to the department on a form prescribed by the
21department. The form shall require all of the following
22information:

23(1) The name, address and telephone number of the
24tanning facility and owner.

25(2) A signed and dated certification that the applicant
26has read and understands the requirements of this act.

27(3) A copy of the operating and safety procedures of the
28tanning facility.

29(4) Any additional information required by the
30department.

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

4(d) Fee.--An applicant shall be required to pay an annual
5registration fee in accordance with the following:

6(1) One hundred fifty dollars annually per salon that
7operates two beds or less.

8(2) Three hundred dollars annually per salon that
9operates more than two beds and $20 per additional bed
10operated over ten beds.

11(3) The department may increase the registration fees
12under this subsection by regulation to ensure implementation
13of this act.

14(e) Posting.--A legal entity shall post its certificate of
15registration in a location clearly visible to its customers.

16(f) Term.--A certificate of registration shall be issued for
17a period of time not to exceed 12 months following the date of
18issuance and shall be renewable for each additional year
19thereafter.

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

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

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

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

1certificate of registration for 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 registration fees.

11(2) Except in cases involving an immediate threat to
12public health and safety under section 10(b), the department
13shall, prior to suspension or revocation of a certificate of
14registration, provide written notice to the legal entity of
15the facts or conduct which may warrant suspension or
16revocation and shall provide the legal entity with an
17opportunity to demonstrate or achieve compliance. The legal
18entity may request an administrative hearing upon receipt of
19the written notice.

20Section 4. Inspection.

21(a) Access.--The department shall have access at reasonable
22times to any tanning facility, including the records of the
23tanning facility, to inspect and determine whether the tanning
24facility is in compliance with this act.

25(b) Certificate of registration.--A tanning facility that
26holds a certificate of registration is subject to inspections on
27an announced or unannounced basis for purposes of a random
28sample, at the request of an operator or in response to a
29compliant.

30(c) Scope.--Inspections conducted by the department under

1this section shall encompass all of the following matters:

2(1) The operation of the tanning facility.

3(2) Review of required records and training
4documentation.

5(3) Operator understanding and competency.

6(4) Any other area concerning a requirement of this act.

7Section 5. Warning signs and statements.

8(a) Warning signs and statements describing hazards.--A
9tanning facility shall post a warning sign in a place readily
10visible to persons entering the establishment. The sign shall
11have dimensions not less than 11 inches by 17 inches. Lettering
12must be clear, legible and at least 0.25 inches high, with all
13of the following provisions on the sign:

14(1) The wording, "DANGER--ULTRAVIOLET RADIATION," in
15letters at least 0.5 inches high.

16(2) Follow the manufacturer's instructions for use of
17this device.

18(3) Avoid overexposure. As with natural sunlight,
19overexposure can cause eye and skin injury and allergic
20reactions. Repeated exposure to ultraviolet radiation may
21cause chronic sun damage characterized by wrinkling, dryness,
22fragility, bruising of the skin and skin cancer.

23(4) Customers should avoid sunbathing before or after
24exposure to ultraviolet radiation from sunlamps.

25(5) Wear protective eyewear. Failure to use protective
26eyewear may result in severe burns or permanent injury to the
27eyes.

28(6) Medications or cosmetics may increase your
29sensitivity to the ultraviolet radiation. Consult a physician
30before using a sunlamp if you are using medications, have a

1history of skin problems or believe you are especially
2sensitive to sunlight. Women who are pregnant or are taking
3oral contraceptives who use this product may develop
4discolored skin.

5(7) Contact the Department of Health to report an
6alleged health concern or injury regarding this tanning
7facility.

8(8) The wording, "IF YOU DO NOT TAN IN THE SUN, YOU ARE
9UNLIKELY TO TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP."

10(b) Written warning statement.--Each customer shall be
11provided with a written warning statement requiring a signature
12prior to initial exposure. The warning statement shall include
13all of the following:

14(1) Failure to use the eye protection provided to the
15customer by the tanning facility may result in damage to the
16eyes.

17(2) Overexposure to ultraviolet light causes burns.

18(3) Repeated exposure may result in premature aging of
19the skin and skin cancer.

20(4) Abnormal skin sensitivity or burning may be caused
21by reactions of ultraviolet light to certain:

22(i) foods;

23(ii) cosmetics; or

24(iii) medications, including:

25(A) tranquilizers;

26(B) diuretics;

27(C) antibiotics;

28(D) high blood pressure medicines; or

29(E) birth control pills.

30(5) Any person taking a prescription or over-the-counter

1drug should consult a physician before using a tanning
2device.

3(6) A person with skin that always burns easily and
4never tans should avoid a tanning device.

5(7) A person with a family or past medical history of
6skin cancer should avoid a tanning device.

7(c) Liability.--The warning statement provided under
8subsection (b) shall not affect the liability of the owner,
9manager or operator of a tanning facility in the event that a
10customer fails to follow the warning statement and incurs
11damages.

12Section 6. Tanning devices.

13(a) Federal certification.--Only tanning devices
14manufactured and certified under 21 CFR 1040.20 (relating to
15sunlamp products and ultraviolet lamps intended for use in
16sunlamp products) may be used in tanning facilities.

17(b) Condition.--All tanning devices shall do all of the
18following:

19(1) Meet the National Fire Protection Association's
20National Electrical Code and any other State or local
21electrical codes.

22(2) Have physical barriers to protect customers from
23injury due to touching or breaking lamps.

24(3) Be maintained in good repair.

25(c) Stand-up booths.--Stand-up booths shall meet all of the
26following conditions:

27(1) Have physical barriers or other means to indicate
28proper exposure distance.

29(2) Be constructed rigidly enough to withstand stress of
30use and impact of a falling person.

1(3) Access shall be of rigid construction, doors must
2open outwardly and handrails and nonslip floors must be
3provided.

4(d) Protective eyewear.--Operators shall provide customers
5with protective eyewear in order to use a tanning device. When a
6tanning device is in use, no other person shall be allowed to
7remain in the area unless the person has access to protective
8eyewear. Protective eyewear shall do all of the following:

9(1) Be provided free of charge. Customers may also be
10given the option to use their own eyewear.

11(2) Meet the requirements of 21 CFR 1040.20.

12(3) Be properly sanitized before each use. Ultraviolet
13rays shall not be considered a sanitizing agent.

14Section 7. Operation.

15(a) Skin type.--Operators must be able to recognize the skin
16type of the customer based on the Fitzpatrick scale and advise
17the customer accordingly in regard to maximum time of exposure.

18(b) Customer records.--A record shall be kept of each
19customer's total number of tanning visits, date, time and
20duration of each.

21(c) Records.--All records or documentation required by this
22act shall be maintained in the tanning facility for a minimum of
23three years. Records on computer must be backed up on storage
24media other than the hard drive at least monthly and must be
25retrievable as a printed copy. Records shall be accessible by
26the department during an inspection.

27(d) Duration and frequency.--Operators shall limit session
28duration and frequency to maximums recommended by the
29manufacturer.

30Section 8. Limitations.

1(a) Prohibition.--No person who is under 17 years of age
2shall be permitted to use a tanning facility.

3(b) Written authorization required.--No person over 17 years
4of age, but under 18 years of age, shall be permitted to use a
5tanning facility without the written authorization of the
6person's parent or legal guardian which indicates that the
7parent or legal guardian consents to the use of a tanning
8facility by the person.

9Section 9. Training.

10(a) Operator.--A tanning facility shall have an operator
11present in accordance with subsection (b) who is sufficiently
12knowledgeable in the operation of the tanning devices,
13including:

14(1) Knowledge of the requirements of this section and of
1521 CFR 1040.20 (relating to sunlamp products and ultraviolet
16lamps intended for use in sunlamp products).

17(2) Proper use of the United States Food and Drug
18Administration's recommended exposure schedule.

19(3) Procedures for correct operation of the tanning
20facility.

21(4) Recognition of injuries and the facility's
22procedures of handling the injuries from overexposure to
23ultraviolet radiation.

24(5) Manufacturer's procedures for operation and
25maintenance of the tanning device.

26(6) Use of protective eyewear.

27(7) Emergency procedures in case of injury.

28(8) Effects of ultraviolet radiation, acute and chronic
29exposure and health risks.

30(9) Photosensitizing agents.

1(10) The six different skin types.

2(b) Presence.--A trained operator shall be present at the
3tanning facility during all operating hours while tanning
4equipment is in operation and shall inform and assist each
5customer in the operation and use of the tanning device. No
6consumer may use the tanning equipment in the absence of a
7trained operator.

8(c) Compliance.--A tanning facility owner shall comply with
9this section by having a signed affidavit or attestation on
10file.

11Section 10. Sanctions.

12(a) Penalty.--

13(1) A legal entity that operates a tanning facility in
14violation of this act shall be subject to suspension or
15revocation of the tanning facility's certificate of
16registration.

17(2) A legal entity that is in violation of section 8
18shall be subject to a monetary penalty of not more than $250
19for the first violation, up to $500 for the second violation
20and up to $1,000 for each subsequent violation.

21(b) Suspension or revocation.--If the department finds a
22violation of this act that creates an immediate threat to the
23health and safety of the public, the department may suspend or
24revoke the tanning facility's certificate of registration.

25(c) Enforcement.--

26(1) The department may take the following steps in
27writing or use any other acts and regulations to enforce the
28provisions of this act:

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

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

1or operator failed to comply with this act.

2(iii) Require a corrective action plan, including a
3reasonable time schedule for completion. The department
4shall review the corrective action plan and approve or
5require modification of the plan.

6(2) If a tanning facility fails to comply with
7conditions of the written notice provided under paragraph
8(1), the department shall notify the owner, manager or
9operator, by certified mail, that unless action is taken
10within five days of receipt of the written notice, the
11tanning facility's certificate of registration shall be
12suspended or revoked.

13Section 11. Fund established; disposition of fees, fines and
14penalties.

15(a) Fund established.--There is hereby established a
16restricted account within the General Fund known as the Indoor
17Tanning Regulation Fund.

18(b) Disposition of moneys.--All fees and fines imposed in
19accordance with this act shall be paid into the Indoor Tanning
20Regulation Fund and are hereby appropriated to the department
21for use in the performance of its duties under this act.

22Section 12. Duties of department.

23The department shall administer the provisions of this act
24and promulgate and adopt such regulations as may be necessary to
25implement this act.

26Section 13. Severability.

27The provisions of this act are severable. If any provision of
28this act or its application to any person or circumstance is
29held invalid, the invalidity shall not affect other provisions
30or applications of this act which can be given effect without

1the invalid provision or application.

2Section 14. Effective date.

3This act shall take effect as follows:

4(1) Section 4 shall take effect in 730 days.

5(2) The remainder of this act shall take effect in 60
6days.