PRINTER'S NO. 1750
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FARRY, V. BROWN, SANTARSIERO, MURT, MULLERY, HELM, DENLINGER, KORTZ, SCHLEGEL CULVER, PETRI, SABATINA, COHEN, DiGIROLAMO, KILLION, McGEEHAN, MILLARD, QUINN, KOTIK, GOODMAN, MIRABITO, SCHLOSSBERG, HARKINS, DERMODY, FABRIZIO, MENTZER AND DAVIS, MAY 8, 2013
REFERRED TO COMMITEE ON HEALTH, MAY 8, 2013
6Section 1. Short title.
9Section 2. Definitions.
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.
Sunburning and Tanning History
Always burns easily, never tans
Always burns easily, tans minimally
Burns moderately, tans gradually
Burns minimally, always tans well
Rarely burns, tans profusely
Never burns, deeply pigmented
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:
1physician who is trained in the use of phototherapy devices.
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
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
30(1) The department may deny, suspend or revoke a
1certificate of registration for any of the following reasons:
4(ii) For conditions which violate this act.
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
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.
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:
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.
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:
17(2) Overexposure to ultraviolet light causes burns.
23(ii) cosmetics; or
24(iii) medications, including:
28(D) high blood pressure medicines; or
29(E) birth control pills.
30(5) Any person taking a prescription or over-the-counter
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
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.
24(3) Be maintained in good repair.
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:
11(2) Meet the requirements of 21 CFR 1040.20.
14Section 7. Operation.
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.
30Section 8. Limitations.
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.
26(6) Use of protective eyewear.
27(7) Emergency procedures in case of injury.
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
11Section 10. Sanctions.
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.
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.
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.
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.
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.