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

1condition or benefit of membership or access.

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

3"Fitzpatrick scale." A scale for classifying a skin type,
4based on the skin's reaction to the first ten to 45 minutes of
5sun exposure after the winter season as follows:

6Skin Type	Sunburning and Tanning History
71	Always burns easily, never tans
82	Always burns easily, tans minimally
93	Burns moderately, tans gradually
104	Burns minimally, always tans well
115	Rarely burns, tans profusely
126	Never burns, deeply pigmented

13"Legal entity." An individual, corporation, partnership,
14proprietorship or association.

15"Operator." An individual designated by the legal entity to
16control operation of the tanning facility and to instruct and
17assist the customer in the proper operation of the tanning
18equipment.

19"Tanning bed" or "tanning booth." A structure lined with
20sunlamps in which one stands or reclines in order to tan the
21skin.

22"Tanning equipment or device." Equipment that emits
23radiation used for tanning of the skin, such as a sunlamp,
24tanning booth or tanning bed that emits electromagnetic
25radiation with wavelengths in the air between 200 and 400
26nanometers. The term includes any accompanying equipment, such
27as protective eyewear, timers and handrails. The term does not
28include any of the following:

29(1) Phototherapy devices providing therapeutic benefits
30to patients receiving medically supervised treatment

1prescribed by and under the direct supervision of a licensed
2physician who is trained in the use of phototherapy devices.

3(2) Devices used for personal use in a private
4residence.

5(3) Devices intended for purposes other than the
6irradiation of human skin.

7(4) Devices used to apply chemicals to the skin to
8achieve a bronze color, commonly referred to as spray-on,
9mist-on or sunless tans.

10"Tanning facility." Any place where a tanning device is used
11for a fee, membership dues or any other compensation.

12"Ultraviolet radiation." Electromagnetic radiation with
13wavelengths between 200 and 400 nanometers.

14Section 3. Certificate of registration and fees.

15(a) Requirement.--No legal entity shall establish, maintain,
16operate or hold itself out as authorized to establish, maintain
17or operate a tanning facility without first having obtained a
18certificate of registration issued by the department.

19(b) Application.--A legal entity may apply for a certificate
20of registration required under subsection (a) by submitting an
21application to the department on a form prescribed by the
22department. The form shall require all of the following
23information:

24(1) The name, address and telephone number of the
25tanning facility and owner.

26(2) A signed and dated certification that the applicant
27has read and understands the requirements of this act.

28(3) A copy of the operating and safety procedures of the
29tanning facility.

30(4) 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 an annual
6registration fee in accordance with the following:

7(1) One hundred fifty dollars annually per <-salon tanning 
8facility that operates two beds or less.

9(2) Three hundred dollars annually per <-salon tanning 
10facility that operates more than two beds and $20 per
11additional bed operated over ten beds.

12(3) The department may increase the registration fees
13under this subsection by regulation to ensure implementation
14of this act.

15(e) Posting.--A legal entity shall post its certificate of
16registration in a location clearly visible to its customers.

17(f) 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 each additional year
20thereafter.

21(g) 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(h) Nontransferability.--A certificate of registration shall
26not be transferable from one legal entity or one tanning
27facility to another.

28(i) 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 10(b), the department
14shall, prior to suspension or revocation of a certificate of
15registration, provide written notice to the legal entity of
16the facts or conduct which may warrant suspension or
17revocation and shall provide the legal entity with an
18opportunity to demonstrate or achieve compliance. The legal
19entity may request an administrative hearing upon receipt of
20the written notice.

21Section 4. Inspection.

22(a) Access.--The department shall have access at reasonable
23times to any tanning facility, including the records of the
24tanning facility, to inspect and determine whether the tanning
25facility is in compliance with this act.

26(b) Certificate of registration.--A tanning facility that
27holds a certificate of registration is subject to inspections on
28an announced or unannounced basis for purposes of a random
29sample, at the request of an operator or in response to a
30compliant complaint<-.

1(c) Scope.--Inspections conducted by the department under
2this section shall encompass all of the following matters:

3(1) The operation of the tanning facility.

4(2) Review of required records and training
5documentation.

6(3) Operator understanding and competency.

7(4) Any other area concerning a requirement of this act.

8Section 5. Warning signs and statements.

9(a) Warning signs and statements describing hazards.--A
10tanning facility shall post a warning sign in a place readily
11visible to persons entering the establishment. The sign shall
12have dimensions not less than 11 inches by 17 inches. Lettering
13must be clear, legible and at least 0.25 inches high, with all
14of the following provisions on the sign:

15(1) The wording, "DANGER--ULTRAVIOLET RADIATION," in
16letters at least 0.5 inches high.

17(2) Follow the manufacturer's instructions for use of
18this device.

19(3) Avoid overexposure. As with natural sunlight,
20overexposure can cause eye and skin injury and allergic
21reactions. Repeated exposure to ultraviolet radiation may
22cause chronic sun damage characterized by wrinkling, dryness,
23fragility, bruising of the skin and skin cancer.

24(4) Customers should avoid sunbathing before or after
25exposure to ultraviolet radiation from sunlamps.

26(5) Wear protective eyewear. Failure to use protective
27eyewear may result in severe burns or permanent injury to the
28eyes.

29(6) Medications or cosmetics may increase your
30sensitivity to the ultraviolet radiation. Consult a physician

1before using a sunlamp if you are using medications, have a
2history of skin problems or believe you are especially
3sensitive to sunlight. Women who are pregnant or are taking
4oral contraceptives who use this product may develop
5discolored skin.

6(7) Contact the Department of Health to report an
7alleged health concern or injury regarding this tanning
8facility.

9(8) The wording, "IF YOU DO NOT TAN IN THE SUN, YOU ARE
10UNLIKELY TO TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP."

11(b) Written warning statement.--Each customer shall be
12provided with a written warning statement requiring a signature
13prior to initial exposure. The warning statement shall include
14all of the following:

15(1) Failure to use the eye protection provided to the
16customer by the tanning facility may result in damage to the
17eyes.

18(2) Overexposure to ultraviolet light causes burns.

19(3) Repeated exposure may result in premature aging of
20the skin and skin cancer.

21(4) Abnormal skin sensitivity or burning may be caused
22by reactions of ultraviolet light to certain:

23(i) foods;

24(ii) cosmetics; or

25(iii) medications, including:

26(A) tranquilizers;

27(B) diuretics;

28(C) antibiotics;

29(D) high blood pressure medicines; or

30(E) birth control pills.

1(5) Any person taking a prescription or over-the-counter
2drug should consult a physician before using a tanning
3device.

4(6) A person with skin that always burns easily and
5never tans should avoid a tanning device.

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

8(c) Liability.--The warning statement provided under
9subsection (b) shall not affect the liability of the owner,
10manager or operator of a tanning facility in the event that a
11customer fails to follow the warning statement and incurs
12damages.

13Section 6. Tanning devices.

14(a) Federal certification.--Only tanning devices
15manufactured and certified under 21 CFR 1040.20 (relating to
16sunlamp products and ultraviolet lamps intended for use in
17sunlamp products) may be used in tanning facilities.

18(b) Condition.--All tanning devices shall do all of the
19following:

20(1) Meet the National Fire Protection Association's
21National Electrical Code and any other State or local
22electrical codes.

23(2) Have physical barriers to protect customers from
24injury due to touching or breaking lamps.

25(3) Be maintained in good repair.

26(c) Stand-up booths.--Stand-up booths shall meet all of the
27following conditions:

28(1) Have physical barriers or other means to indicate
29proper exposure distance.

30(2) Be constructed rigidly enough to withstand stress of

1use and impact of a falling person.

2(3) Access shall be of rigid construction, doors must
3open outwardly and handrails and nonslip floors must be
4provided.

5(d) Protective eyewear.--Operators shall provide customers
6with protective eyewear in order to use a tanning device. When a
7tanning device is in use, no other person shall be allowed to
8remain in the area unless the person has access to protective
9eyewear. Protective eyewear shall do all of the following:

10(1) Be provided free of charge. Customers may also be
11given the option to use their own eyewear.

12(2) Meet the requirements of 21 CFR 1040.20.

13(3) Be properly sanitized before each use. Ultraviolet
14rays shall not be considered a sanitizing agent.

15Section 7. Operation.

16(a) Skin type.--Operators must be able to recognize the skin
17type of the customer based on the Fitzpatrick scale and advise
18the customer accordingly in regard to maximum time of exposure.

19(b) Customer records.--A record shall be kept of each
20customer's total number of tanning visits, date, time and
21duration of each.

22(c) Records.--All records or documentation required by this
23act shall be maintained in the tanning facility for a minimum of
24three years. Records on computer must be backed up on storage
25media other than the hard drive at least monthly and must be
26retrievable as a printed copy. Records shall be accessible by
27the department during an inspection.

28(d) Duration and frequency.--Operators shall limit session
29duration and frequency to maximums recommended by the
30manufacturer.

1Section 8. Limitations.

2(a) Prohibition.--No person who is under 17 years of age
3shall be permitted to use a tanning facility.

4(b) Written authorization required.--No person over 17 years
5of age, but under 18 years of age, shall be permitted to use a
6tanning facility without the written authorization of the
7person's parent or legal guardian which indicates that the
8parent or legal guardian consents to the use of a tanning
9facility by the person.

10Section 9. Training.

11(a) Operator.--A tanning facility shall have an operator
12present in accordance with subsection (b) who is sufficiently
13knowledgeable in the operation of the tanning devices,
14including:

15(1) Knowledge of the requirements of this section and of
1621 CFR 1040.20 (relating to sunlamp products and ultraviolet
17lamps intended for use in sunlamp products).

18(2) Proper use of the United States Food and Drug
19Administration's recommended exposure schedule.

20(3) Procedures for correct operation of the tanning
21facility.

22(4) Recognition of injuries and the facility's
23procedures of handling the injuries from overexposure to
24ultraviolet radiation.

25(5) Manufacturer's procedures for operation and
26maintenance of the tanning device.

27(6) Use of protective eyewear.

28(7) Emergency procedures in case of injury.

29(8) Effects of ultraviolet radiation, acute and chronic
30exposure and health risks.

1(9) Photosensitizing agents.

2(10) The six different skin types.

3(b) Presence.--A trained operator shall be present at the
4tanning facility during all operating hours while tanning
5equipment is in operation and shall inform and assist each
6customer in the operation and use of the tanning device. No
7consumer may use the tanning equipment in the absence of a
8trained operator.

9(c) Compliance.--A tanning facility owner shall comply with
10this section by having a signed affidavit or attestation on
11file.

12Section 10. Sanctions.

13(a) Penalty.--

14(1) A legal entity that operates a tanning facility in
15violation of this act shall be subject to suspension or
16revocation of the tanning facility's certificate of
17registration.

18(2) A legal entity that is in violation of section 8
19shall be subject to a monetary penalty of not more than $250
20for the first violation, up to $500 for the second violation
21and up to $1,000 for each subsequent violation.

22(b) Suspension or revocation.--If the department finds a
23violation of this act that creates an immediate threat to the
24health and safety of the public, the department may suspend or
25revoke the tanning facility's certificate of registration.

26(c) Enforcement.--

27(1) The department may take the following steps in
28writing or use any other acts and regulations to enforce the
29provisions of this act:

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

1(ii) Specify the manner in which the owner, manager
2or operator failed to comply with this act.

3(iii) Require a corrective action plan, including a
4reasonable time schedule for completion. The department
5shall review the corrective action plan and approve or
6require modification of the plan.

7(2) If a tanning facility fails to comply with
8conditions of the written notice provided under paragraph
9(1), the department shall notify the owner, manager or
10operator, by certified mail, that unless action is taken
11within five days of receipt of the written notice, the
12tanning facility's certificate of registration shall be
13suspended or revoked.

14Section 11. Fund established; disposition of fees, fines and
15penalties.

16(a) Fund established.--There is hereby established a
17restricted account within the General Fund known as the Indoor
18Tanning Regulation Fund.

19(b) Disposition of moneys.--All fees and fines imposed in
20accordance with this act shall be paid into the Indoor Tanning
21Regulation Fund and are hereby appropriated to the department
22for use in the performance of its duties under this act.

23Section 12. Duties of department.

24The department shall administer the provisions of this act
25and promulgate and adopt such regulations as may be necessary to
26implement this act.

27Section 13. Severability.

28The provisions of this act are severable. If any provision of
29this act or its application to any person or circumstance is
30held invalid, the invalidity shall not affect other provisions

1or applications of this act which can be given effect without
2the invalid provision or application.

3Section 14. Effective date.

4This act shall take effect as follows:

5(1) Section 4 shall take effect in 730 days.

6(2) The remainder of this act shall take effect in 60
7days.