Bill Text: PA SB460 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing for the regulation of indoor tanning facilities and for penalties.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-09-27 - Re-referred to APPROPRIATIONS [SB460 Detail]

Download: Pennsylvania-2009-SB460-Amended.html

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PRIOR PRINTER'S NOS. 471, 1175, 2026 PRINTER'S NO. 2111
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 460 Session of2009
INTRODUCED BY BROWNE, ERICKSON, ALLOWAY, COSTA, STOUT, BRUBAKER, WASHINGTON, LOGAN, O'PAKE, WONDERLING AND FARNESE, MARCH 2, 2009
AS AMENDED ON THIRD CONSIDERATION, JUNE 28, 2010
AN ACT
Providing for the regulation of indoor tanning facilities and
for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Indoor
Tanning Regulation Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Customer." A member of the public who is provided access to
a tanning facility in exchange for a fee or other compensation
or any individual who, in exchange for a fee or other
compensation, is afforded use of a tanning facility as a
condition or benefit of membership or access.
"Department." The Department of Health of the Commonwealth.
"Fitzpatrick scale." A scale for classifying a skin type,
based on the skin's reaction to the first ten to 45 minutes of
sun exposure after the winter season as follows:
Skin Type Sunburning and Tanning History
1 Always burns easily, never tans
2 Always burns easily, tans minimally
3 Burns moderately, tans gradually
4 Burns minimally, always tans well
5 Rarely burns, tans profusely
6 Never burns, deeply pigmented
"Operator." An individual designated by the licensee to
control operation of the tanning facility and to instruct and
assist the customer in the proper operation of the tanning
equipment.
"Person." An individual, partnership, corporation or
association.
"Phototherapy device." Equipment that emits ultraviolet
radiation and is used by health care professionals in the
treatment of disease. The term shall not include any of the
following:
(1) Devices utilized by appropriate health care
professionals under the direct supervision of a physician who
is trained in the use of phototherapy devices.
(2) Devices used for personal use in a private
residence.
(3) Devices intended for purposes other than the
irradiation of human skin.
"Tanning equipment or device." Equipment that emits
radiation used for tanning of the skin, such as a sunlamp,
tanning booth or tanning bed that emits electromagnetic
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radiation with wavelengths in the air between 200 and 400
nanometers. The term includes any accompanying equipment, such
as protective eyewear, timers and handrails.
"Tanning facility." Any place where a tanning device is used
for a fee, membership dues or any other compensation.
"Ultraviolet radiation." Electromagnetic radiation with
wavelengths between 200 and 400 nanometers.
Section 3. Licensing and fees.
(a) Requirement.--No person shall establish, maintain,
operate or hold itself out as authorized to establish, maintain
or operate a tanning facility without first having obtained a
license issued by the department.
(b) Application.--A person may apply for a license required
under subsection (a) by submitting an application to the
department on a form prescribed by the department. The form
shall require all of the following information:
(1) The name, address and telephone number of the
tanning facility and owner.
(2) The manufacturer, model number and type of each
ultraviolet lamp or tanning device used in the tanning
facility.
(3) The name of the equipment supplier, installer and
service agent of each ultraviolet lamp or tanning device used
in the tanning facility.
(4) A signed and dated certification that the applicant
has read and understands the requirements of this act.
(5) A copy of the operating and safety procedures of the
tanning facility.
(6) Any additional information required by the
department.
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(c) Determination.--The department shall issue a license to
an applicant upon determination that the applicant meets all of
the requirements of this act.
(d) Fee.--An applicant shall be required to pay a license
fee of $300 per salon, including ten devices, and $20 per
additional bed. The department may increase fees by regulation
in an amount sufficient to cover the cost of annual inspection
and administration of this act.
(e) Posting.--A licensee shall post its license in a
location clearly visible to its customers.
(f) Expiration.--A license shall expire annually on the date
specified in the license.
(g) Renewal.--A licensee must file an application for
renewal on a form prescribed by the department prior to
expiration of its current license.
(h) Transfer.--A license shall not be transferable from one
person or one tanning facility to another.
(i) Denial, suspension or revocation.--The following shall
apply to the denial, suspension or revocation of a license:
(1) The department shall have the authority to deny,
suspend or revoke licensure for any of the following reasons:
(i) Submission of false statements in application,
reports, plans or specifications.
(ii) For conditions which violate this act.
(iii) Operation of the tanning facility in a manner
that threatens public health or safety.
(iv) Failure to allow the department to enter the
tanning facility at reasonable hours for inspection or
investigation.
(v) Failure to pay license fees.
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(2) Except in cases involving an immediate threat to <--
public health and safety under section 10(c), the department <--
shall, prior to suspension or revocation of a license,
provide written notice to the licensee of the facts or
conduct which may warrant suspension or revocation and shall
provide the licensee with an opportunity to demonstrate or
achieve compliance. The licensee may request an
administrative hearing upon receipt of the written notice.
Section 4. Inspection.
(a) Time.--The department shall conduct an initial
inspection, after receipt of an application for a license under
section 3 and before the license is granted, of a tanning <--
facility and may inspect each year thereafter.
(b) Conduct.--Inspections conducted by the department under
this section shall encompass all of the following matters:
(1) The construction and operation of the tanning <--
facility.
(2) Review of required records and training
documentation.
(3) Operator understanding and competency.
(4) Any other area concerning a requirement of this act.
Section 5. Warning signs and statements.
(a) Warning signs and statements describing hazards.--A
tanning facility shall post a warning sign in a place readily
visible to persons entering the establishment. The sign shall
have dimensions not less than 11 inches by 17 inches. Lettering
must be clear, legible and at least 0.25 inches high, with all
of the following provisions on the sign:
(1) The wording, "DANGER--ULTRAVIOLET RADIATION", in
letters at least 0.5 inches high.
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(2) Follow the manufacturer's instructions for use of
this device.
(3) Avoid overexposure. As with natural sunlight,
overexposure can cause eye and skin injury and allergic
reactions. Repeated exposure to ultraviolet radiation may
cause chronic sun damage characterized by wrinkling, dryness,
fragility, bruising of the skin and skin cancer.
(4) Do not sunbathe before or after exposure to
ultraviolet radiation from sunlamps.
(5) Wear protective eyewear. Failure to use protective
eyewear may result in severe burns or permanent injury to the
eyes.
(6) Medications or cosmetics may increase your
sensitivity to the ultraviolet radiation. Consult a physician
before using a sunlamp if you are using medications, have a
history of skin problems or believe you are especially
sensitive to sunlight. Women who are pregnant or are taking
oral contraceptives who use this product may develop
discolored skin.
(7) A customer may call the Department of Health at
(insert telephone number) to report an alleged injury
regarding this tanning facility.
(8) The wording, "IF YOU DO NOT TAN IN THE SUN, YOU ARE
UNLIKELY TO TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP".
(b) Written warning statement.--Each customer shall be
provided with a written warning statement requiring their
signature prior to initial exposure. The warning statement shall
include all of the following:
(1) Failure to use the eye protection provided to the
customer by the tanning facility may result in damage to the
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eyes.
(2) Overexposure to ultraviolet light causes burns.
(3) Repeated exposure may result in premature aging of
the skin and skin cancer.
(4) Abnormal skin sensitivity or burning may be caused
by reactions of ultraviolet light to certain:
(i) foods;
(ii) cosmetics; or
(iii) medications, including:
(A) tranquilizers;
(B) diuretics;
(C) antibiotics;
(D) high blood pressure medicines; or
(E) birth control pills.
(5) Any person taking a prescription or over-the-counter
drug should consult a physician before using a tanning
device.
(6) A person with skin that always burns easily and
never tans should avoid a tanning device.
(7) A person with a family or past medical history of
skin cancer should avoid a tanning device.
(c) Liability.--The warning statement provided under
subsection (b) shall not affect the liability of the owner,
manager or operator of a tanning facility in the event that a
customer fails to follow the warning statement and incurs
damages.
Section 6. Tanning devices.
(a) Federal certification.--Only tanning devices
manufactured and certified under 21 CFR 1040.20 (relating to
sunlamp products and ultraviolet lamps intended for use in
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sunlamp products) may be used in tanning facilities.
(b) Condition.--All tanning devices shall do all of the
following:
(1) Meet the National Fire Protection Association's
National Electrical Code and any other State or local
electrical codes.
(2) Have physical barriers to protect customers from
injury due to touching or breaking lamps.
(3) Be maintained in good repair.
(c) Stand-up booths.--Stand-up booths shall meet all of the
following conditions:
(1) Have physical barriers or other means to indicate
proper exposure distance.
(2) Be constructed rigidly enough to withstand stress of
use and impact of a falling person.
(3) Access shall be of rigid construction, doors must
open outwardly and handrails and nonslip floors must be
provided.
(d) Protective eyewear.--Operators shall require customers
to wear protective eyewear in order to use a tanning device.
When a tanning device is in use, no other person shall be
allowed to remain in the area unless the person wears protective
eyewear. Protective eyewear shall do all of the following:
(1) Be provided free of charge, along with instructions
for use. Customers may also be given the option to purchase
their own eyewear.
(2) Meet the requirements of 21 CFR 1040.20.
(3) Be properly sanitized before each use. Ultraviolet
rays shall not be considered a sanitizing agent.
Section 7. Operation.
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(a) Skin type.--Operators must be able to recognize the skin
type of the customer based on the Fitzpatrick scale and advise
the customer accordingly in regard to maximum time of exposure.
(b) Customer records.--A record shall be kept of each
customer's total number of tanning visits, date, time and
duration of each.
(c) Records.--All records or documentation required by this
act shall be maintained in the tanning facility for a minimum of
three years. Records on computer must be backed up on storage
media other than the hard drive at least monthly and must be
retrievable as a printed copy. Records shall be accessible by
the department during an inspection.
(d) Duration and frequency.--Operators shall limit session
duration and frequency to maximums recommended by the
manufacturer.
Section 8. Restrictions on use by minors.
(a) Accompaniment.--All minors shall be accompanied by their
parent or legal guardian in order to use a tanning device for
the first time.
(b) Identification.--Before the first use by a minor and
every six months thereafter, the owner or operator shall witness
the parent's or legal guardian's signing and dating of the
warning statement required under section 5(b). The parent or
legal guardian shall also sign a statement stating the
relationship with a child who is under 14 years of age.
(c) Medical permission.--Persons under 14 years of age may
not use a tanning device unless they present written permission
by a properly licensed doctor of medicine or doctor of
osteopathic medicine.
(d) Records.--Records of parental consent shall be
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maintained for all minor customers of the tanning facility for a
period of at least three years.
Section 9. Training.
(a) Operator.--A tanning facility shall have an operator
present in accordance with subsection (b) who is sufficiently
knowledgeable in the operation of the tanning devices,
including:
(1) Knowledge of the requirements of this section and of
21 CFR 1040.20 (relating to sunlamp products and ultraviolet
lamps intended for use in sunlamp products).
(2) Proper use of the United States Food and Drug
Administration's recommended exposure schedule.
(3) Procedures for correct operation of the tanning
facility.
(4) Recognition of injuries and the facility's
procedures of handling the injuries from overexposure to
ultraviolet radiation.
(5) Manufacturer's procedures for operation and
maintenance of the tanning device.
(6) Use of protective eyewear.
(7) Emergency procedures in case of injury.
(8) Effects of ultraviolet radiation, acute and chronic
exposure, biological effects and health risks. <--
(9) Photosensitizing agents.
(10) The six different skin types.
(b) Presence.--A trained operator shall be present at the
tanning facility during all operating hours and while tanning <--
equipment is in operation and shall inform and assist each
customer in the operation and use of the tanning device. No
consumer may use the tanning equipment in the absence of a
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trained operator.
Section 10. Inspections, violations and injunctions.
(a) Access.--The department shall have access at reasonable
times to any tanning facility, including its records, to inspect
and determine whether a violation of this act has or will occur.
(b) Penalty.--
(1) A person who operates a tanning facility in
violation of this act commits a misdemeanor and shall be
subject to suspension or revocation of the tanning facility's
license. A person who operates or uses a tanning device in <--
violation of this act commits a misdemeanor.
(2) A person who is in violation of section 8 shall be
subject to civil penalties a civil penalty of not more than <--
$250 for the first violation, up to $500 for the second <--
violation and up to $1,000 for each subsequent violation. The <--
penalty shall be paid to the Department of Health for deposit
in the State Treasury.
(c) Suspension or revocation.--If the department finds a
violation of this act that creates an immediate threat to the
health and safety of the public, the department may suspend or
revoke the tanning facility's license to operate.
(d) Procedure.--
(1) The department may take the following steps in
writing or use any other acts and regulations to enforce the
provisions of this act:
(i) Cite each section of the act violated.
(ii) Specify the manner in which the owner, manager
or operator failed to comply with this act.
(iii) Require a corrective action plan, including a
reasonable time schedule for completion. The department
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shall review the corrective action plan and approve or
require modification of the plan.
(2) If a tanning facility fails to comply with
conditions of the written notice provided under paragraph
(1), the department shall notify the owner, manager or
operator, by certified mail, that unless action is taken
within five days of receipt of the written notice, the
tanning facility's license shall be suspended or revoked.
Section 20. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
the invalid provision or application.
Section 30. Effective date.
This act shall take effect in 180 days.
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