PRINTER'S NO. 1231
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY BROWNE, VANCE, RAFFERTY, GREENLEAF, BRUBAKER, TEPLITZ, SMITH, HUGHES, FARNESE AND WILEY, JUNE 17, 2013
REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 17, 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.
18"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 moderately, tans gradually
Rarely burns, tans profusely
Never burns, deeply pigmented
8Section 3. Certificate 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
30(6) Any additional information required by the
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
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
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 extension as provided in section 3.1.
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
5(ii) For conditions which violate this act.
11(v) Failure to pay registration fees.
12(2) Except in cases involving an immediate threat to
13public health and safety under section 11(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
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
30(3) A certificate of registration issued by the
4Section 3.1. 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:
16Section 4. Licensing and fees.
20(1) obtained a license issued by the department; or
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:
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.
30(1) The department may deny, suspend or revoke licensure
1for any of the following reasons:
4(ii) For conditions which violate this act.
10(v) Failure to pay license fees.
11(2) Except in cases involving an immediate threat to
12public health and safety under section 11(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 5. 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
1(3) In response to a complaint on an unannounced basis.
8(3) In response to a complaint on an unannounced basis.
11(1) The operation of the tanning facility.
14(3) Operator understanding and competency.
15(4) Any other area concerning a requirement of this act.
16Section 6. 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:
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.
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
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:
25(2) Overexposure to ultraviolet light causes burns.
1(ii) cosmetics; or
2(iii) medications, including:
6(D) high blood pressure medicines; or
7(E) birth control pills.
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
20Section 7. 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.
30(2) Have physical barriers to protect customers from
1injury due to touching or breaking lamps.
2(3) Be maintained in good repair.
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:
20(2) Meet the requirements of 21 CFR 1040.20.
23Section 8. Operation.
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.
9Section 9. Restrictions on use by minors.
13(b) Identification.--Before the first use by a minor and
14every six months thereafter, the owner or operator shall witness
15the parent's or legal guardian's signing and dating of the
16warning statement required under section 6(b). The parent or
17legal guardian shall also sign a statement stating the
18relationship with a child who is under 18 years of age.
19(c) Medical permission.--Persons under 16 years of age may
20not use a tanning device unless they present written permission
21by a properly licensed doctor of medicine or doctor of
29Section 10. Training.
30(a) Operator.--A tanning facility shall have an operator
16(6) Use of protective eyewear.
17(7) Emergency procedures in case of injury.
20(9) Photosensitizing agents.
21(10) The six different skin types.
22(b) Presence.--A trained operator shall be present at the
23tanning facility during all operating hours while tanning
24equipment is in operation and shall inform and assist each
25customer in the operation and use of the tanning device. No
26consumer may use the tanning equipment in the absence of a
28Section 11. Sanctions.
30(1) A legal entity that operates a tanning facility in
1violation of this act commits a misdemeanor and shall be
2subject to suspension or revocation of the tanning facility's
3certificate of registration or license. A person who operates
4a tanning device in violation of this act commits a
6(2) A legal entity that is in violation of section 9
7shall be subject to a civil penalty of not more than $250 for
8the first violation, up to $500 for the second violation and
9up to $1,000 for each subsequent violation.
10(b) Suspension or revocation.--If the department finds a
11violation of this act that creates an immediate threat to the
12health and safety of the public, the department may suspend or
13revoke the tanning facility's certificate of registration or
14license to operate.
19(i) Cite each section of the act violated.
22(iii) Require a corrective action plan, including a
23reasonable time schedule for completion. The department
24shall review the corrective action plan and approve or
25require modification of the plan.
26(2) If a tanning facility fails to comply with
27conditions of the written notice provided under paragraph
28(1), the department shall notify the owner, manager or
29operator, by certified mail, that unless action is taken
30within five days of receipt of the written notice, the
8(b) Disposition of moneys.--All fees, fines and civil
9penalties imposed in accordance with this act shall be paid into
10the Indoor Tanning Regulation Fund and are hereby appropriated
11to the department for use in the performance of its duties under
13Section 13. Departmental duties.
17Section 14. Severability.
18The provisions of this act are severable. If any provision of
19this act or its application to any person or circumstance is
20held invalid, the invalidity shall not affect other provisions
21or applications of this act which can be given effect without
22the invalid provision or application.
23Section 30. Effective date.
24This act shall take effect as follows:
25(1) Section 3 shall take effect in 90 days.