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Pennsylvania's Pending Tanning Regulations  
Although Pennsylvania does not have statewide tanning regulations, a tanning bill that died when the Senate adjourned Nov. 30, 2004 is expected to find itself back for reconsideration during the 2005 session. House Bill 109 passed the House in June; it was considered by the Senate on Nov. 9, then re-referred to the Appropriations Committee on Nov. 16, which is where it stayed until the Senate ended its 2004 session.
 
For specific information regarding potential Pennsylvania rules, please contact the following state office:

Bureau of Radiation Protection
Division of Radiation Control
Contact: Ed Burtsavage, health physicist
(717) 783-5920
P.O. Box 8469
Harrisburg, PA 17105-8469

The most recent version of the Bill can be found below:
SENATE AMENDED
PRIOR PRINTER'S NOS. 129, 4085               
PRINTER'S NO. 4643

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL
No. 109 Session of 2003
 
        INTRODUCED BY E. Z. TAYLOR, BARD, ROSS, HERSHEY, THOMAS,
           YOUNGBLOOD, HENNESSEY, KIRKLAND, READSHAW, BEBKO-JONES,
           PISTELLA, HORSEY, SAINATO, SATHER, GANNON, FREEMAN, MELIO,
           SHANER, SOLOBAY, PRESTON, RUBLEY, CIVERA AND YUDICHAK,
           FEBRUARY 4, 2003
 
        SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
           LICENSURE, IN SENATE, AS AMENDED, NOVEMBER 9, 2004
 
                                     AN ACT
 
 Regulating tanning facilities; providing for the registration of
    persons operating tanning facilities; requiring that certain
    warnings be given and safeguards be taken; imposing
    penalties; and making a repeal.
 
                        TABLE OF CONTENTS
 Section 1.  Short title.
 Section 2.  Definitions.
 Section 3.  Registration required.
 Section 4.  Compliance with Federal laws and regulations.
 Section 5.  Warning statement required.
 Section 6.  Warning sign required.
 Section 7.  General requirements.
 Section 8.  Certain claims prohibited.
 Section 9.  Injured patrons.
 Section 10.  Exclusion.
 Section 11.  Powers and duties of department.
 
 
 Section 12.  Penalty.
 Section 13.  Repeal.
 Section 14.  Effective date.
    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 Tanning
 Facilities 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:
    "Department."  The Department of Health of the Commonwealth.
    "Phototherapy device."  Equipment that emits ultraviolet
 radiation used by a health care professional in the treatment of
 disease.
    "Protective eyewear."  Any device designed to be worn by
 users of a tanning device to reduce exposure of the eyes to
 radiation emitted by the device.
    "Tanning device."  Any equipment that emits ultraviolet
 radiation with wavelengths in the air between 200 and 400
 nanometers and that is used for tanning of the skin. The term
 includes, but is not limited to, a sunlamp, tanning unit,
 tanning booth or tanning bed.
    "Tanning facility."  Any location, place, area, structure or
 business which provides persons access to any tanning device for
 compensation.
    "Timer."  Any device incorporated into a tanning device which
 terminates radiation emission after a preset time interval.
    "Ultraviolet lamp."  Any lamp which produces ultraviolet
    20030H0109B4643                  - 2 -     
 
 radiation in the wavelength interval of 200 to 400 nanometers in
 air and which is intended for use in tanning devices.
    "Ultraviolet radiation."  Electromagnetic radiation with
 wavelengths in air between 200 to 400 nanometers.
 Section 3.  Registration required.
    (a)  Registration of tanning facilities.--A person shall not
 operate a tanning facility without first having registered with
 the department. Registration shall be renewed annually.
 Applications for registration and renewal of registration shall   <--
 be in such form as the department shall prescribe. THE OWNER OF   <--
 THE FACILITY SHALL FILE AN APPLICATION FOR REGISTRATION WITH THE
 DEPARTMENT ON A FORM PRESCRIBED BY THE DEPARTMENT THAT SHALL
 INCLUDE AT LEAST THE FOLLOWING:
        (1)  APPLICANT'S OR OWNER'S NAME, ADDRESS AND TELEPHONE
    NUMBER.
        (2)  NAME OF THE TANNING FACILITY, ADDRESS AND TELEPHONE
    NUMBER.
        (3)  TYPE AND YEAR OF ULTRAVIOLET LAMPS OR TANNING
    DEVICE.
        (4)  NAME OF ULTRAVIOLET LAMP AND TANNING DEVICE
    MANUFACTURER.
        (5)  PRIMARY FUNCTION OF THE BUSINESS IN WHICH THE
    TANNING FACILITY IS LOCATED.
        (6)  SIGNED AND DATED CERTIFICATION THAT THE APPLICANT
    HAS READ AND UNDERSTANDS THE REGULATIONS PROMULGATED PURSUANT
    TO THIS ACT.
    (b)  Registration fees.--Unless changed by the department by
 regulation, the initial registration fee shall be $35 and the
 annual registration renewal fee shall be $25.
    (C)  SANCTIONS.--REGISTRATION MAY BE DENIED, SUSPENDED,        <--
    20030H0109B4643                  - 3 -     
 
 REVOKED, OR THE RENEWAL OF A LICENSE MAY BE DENIED FOR ANY OF
 THE FOLLOWING REASONS:
        (1)  VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT OR
    THE REGULATIONS ADOPTED BY THE DEPARTMENT.
        (2)  CONVICTION OF AN APPLICANT OR REGISTRATION HOLDER OF
    AN OFFENSE ARISING FROM FALSE, FRAUDULENT, DECEPTIVE OR
    MISLEADING ADVERTISING. THE RECORD OF CONVICTION OR A
    CERTIFIED COPY SHALL BE CONCLUSIVE EVIDENCE OF THE
    CONVICTION.
    (D)  ADMINISTRATIVE FINE.--IN ADDITION TO ANY OTHER PENALTY
 PROVIDED BY LAW, THE DEPARTMENT MAY LEVY AN ADMINISTRATIVE FINE
 OF NOT MORE THAN $1,000 FOR A VIOLATION OF THE ACT.
 Section 4.  Compliance with Federal laws and regulations.
    Any tanning device used by a tanning facility shall comply
 with all applicable Federal laws and regulations.
 Section 5.  Warning statement required.
    A tanning facility shall give each customer a written
 statement warning that:
        (1)  Not wearing the eye protection provided to the
    customer by the tanning center may cause damage to the eyes.
        (2)  Overexposure causes burns.
        (3)  Repeated exposure OVEREXPOSURE may cause premature    <--
    aging of the skin and skin cancer.
        (4)  Abnormal skin sensitivity or burning may be caused
    by certain:
            (i)  Foods.
            (ii)  Cosmetics.
            (iii)  Medications, including, but not limited to,
        the following:
                (A)  Tranquilizers.
    20030H0109B4643                  - 4 -     
 
                (B)  Diuretics.
                (C)  Antibiotics.
                (D)  High blood pressure medicines.
                (E)  Birth control pills.
        (5)  Any person taking a prescription or over-the-counter
    drug should consult a physician before using a tanning
    device.
 Section 6.  Warning sign required.
    A tanning facility shall post a warning sign in any area       <--
 where a tanning device is used. The sign shall read as follows:
                  DANGER:  ULTRAVIOLET RADIATION
        1.  Follow instructions.
        2.  Avoid too frequent or too lengthy exposure. As with
        natural sunlight, exposure can cause eye and skin injury
        and allergic reactions. Repeated exposure may cause
        chronic sun damage characterized by wrinkling, dryness,
        fragility and bruising of the skin and may cause skin
        cancer.
        3.  Wear protective eyewear.
        FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE
        BURNS OR LONG-TERM INJURY TO THE EYES.
        4.  Ultraviolet radiation from sunlamps will aggravate
        the effects of the sun. Therefore, do not sunbathe before
        or after exposure to ultraviolet radiation.
        5.  Medications or cosmetics may increase your
        sensitivity to 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. Pregnant women or women on birth
        control pills who use this product may develop discolored
    20030H0109B4643                  - 5 -     
 
        skin.
        IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN FROM USE
        OF THIS DEVICE.
    (A)  FACILITY SIGN.--A TANNING FACILITY SHALL POST A WARNING   <--
 SIGN IN A CONSPICUOUS LOCATION WHERE IT IS READILY READABLE BY
 PERSONS ENTERING THE ESTABLISHMENT. THE SIGN SHALL CONTAIN THE
 FOLLOWING WARNING:
                    DANGER: ULTRAVIOLET RADIATION
            REPEATED EXPOSURE TO ULTRAVIOLET RADIATION MAY CAUSE
        CHRONIC SUN DAMAGE TO THE SKIN CHARACTERIZED BY
        WRINKLING, DRYNESS, FRAGILITY, BRUISING OF THE SKIN, AND
        SKIN CANCER.
            FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN
        SEVERE BURNS OR PERMANENT INJURY TO THE EYES.
            MEDICATIONS OR COSMETICS MAY INCREASE YOUR
        SENSITIVITY TO 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. PREGNANT WOMEN OR WOMEN TAKING
        ORAL CONTRACEPTIVES WHO USE THIS PRODUCT MAY DEVELOP
        DISCOLORED SKIN.
       IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN FROM
                  USE OF AN ULTRAVIOLET SUNLAMP
    (B)  DEVICE SIGN.--A TANNING FACILITY SHALL POST A WARNING
 SIGN, ONE SIGN FOR EACH TANNING DEVICE, IN A CONSPICUOUS
 LOCATION THAT IS READILY READABLE TO A PERSON ABOUT TO USE THE
 DEVICE. THE SIGN SHALL CONTAIN THE FOLLOWING:
                DANGER: ULTRAVIOLET RADIATION
        (1)  FOLLOW THE MANUFACTURER'S INSTRUCTIONS FOR USE OF
    THIS DEVICE.
    20030H0109B4643                  - 6 -     
 
        (2)  AVOID TOO FREQUENT OR LENGTHY EXPOSURE. AS WITH
    NATURAL SUNLIGHT, EXPOSURE CAN CAUSE SERIOUS EYE AND SKIN
    INJURIES AND ALLERGIC REACTIONS. REPEATED EXPOSURE MAY CAUSE
    SKIN CANCER.
        (3)  WEAR PROTECTIVE EYEWEAR. FAILURE TO USE PROTECTIVE
    EYEWEAR MAY RESULT IN SEVERE BURNS OR PERMANENT DAMAGE TO THE
    EYES.
        (4)  DO NOT SUNBATHE BEFORE OR AFTER EXPOSURE TO
    ULTRAVIOLET RADIATION FROM SUNLAMPS.
        (5)  MEDICATION OR COSMETICS MAY INCREASE YOUR
    SENSITIVITY TO ULTRAVIOLET RADIATION. CONSULT A PHYSICIAN
    BEFORE USING A SUNLAMP IF YOU ARE USING MEDICATION, HAVE A
    HISTORY OF SKIN PROBLEMS OR BELIEVE YOU ARE ESPECIALLY
    SENSITIVE TO SUNLIGHT. PREGNANT WOMEN OR WOMEN USING ORAL
    CONTRACEPTIVES WHO USE THIS PRODUCT MAY DEVELOP DISCOLORED
    SKIN.
          IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN
                     FROM USE OF THIS DEVICE
 Section 7.  General requirements.
    (a)  Tanning facilities.--A tanning facility shall:
        (1)  Have an operator present during operating hours who
    is sufficiently knowledgeable in the correct operation of the
    tanning devices used at the facility so that he or she is
    able to inform and assist each customer in the proper use of
    the tanning devices.
        (2)  Before each use of a tanning device, provide each
    customer with properly sanitized protective eyewear that
    protects the eyes from ultraviolet radiation and allows
    adequate vision to maintain balance; and not allow a person
    to use a tanning device if that person does not use the
    20030H0109B4643                  - 7 -     
 
    protective eyewear.
        (3)  Show each customer how to use suitable physical
    aids, such as handrails and markings on the floor, to
    maintain proper exposure distance as recommended by the
    manufacturer.
        (4)  Use a timer that has an accuracy of plus or minus
    10% of any selected timer interval.
        (5)  Limit each customer to the maximum exposure time as
    recommended by the manufacturer.
        (6)  Control the interior temperature of a tanning
    facility so that it does not exceed 100 degrees Fahrenheit.
    (b)  Persons using tanning facilities.--
        (1)  Every person who uses a tanning facility shall sign
    a written statement acknowledging that he or she has read and
    understood the warnings under sections 5 and 6 before using
    the device and agrees to use the protective eyewear that the
    tanning facility provides. The statement of acknowledgment
    shall be retained by the tanning facility until the end of
    the calendar year, at which time each person who is a current
    customer of the facility shall be required to renew that
    acknowledgment.
        (2)  Whenever using a tanning device, a person shall use
    the protective eyewear that the tanning facility provides.
        (3)  Before any person between 14 and 18 years of age
    uses a tanning device, he or she shall give the tanning
    facility a statement, signed by his or her parent or legal
    guardian, stating that the parent or legal guardian has read
    and understood the warnings given by the tanning facility,
    consents to the minor's use of a tanning device and agrees
    that the minor will use the protective eyewear that the
    20030H0109B4643                  - 8 -     
 
    tanning facility provides.
        (4)  A person 14 years of age or younger shall be
    accompanied by a parent or legal guardian when using a
    tanning device.
        (5)  Before any person uses a tanning device in a tanning  <--
    facility, he shall complete a form prescribed by the
    department, listing all prescriptions and over-the-counter
    medications currently being taken. The facility shall advise
    the customer in writing of those medications which are
    photosensitive, in accordance with a listing provided by the
    department, prior to permitting the use of a tanning device.
 Section 8.  Certain claims prohibited.
    A tanning facility shall not claim or distribute promotional
 materials that claim that using a tanning device is safe or free
 from risk.
 Section 9.  Injured patrons.
    (a)  Reports.--If a patron is injured SUSTAINS AN INJURY       <--
 RELATED TO EXPOSURE TO ULTRAVIOLET LIGHT and, whereupon, he or
 she must seek medical attention, a tanning facility shall do the
 following:
        (1)  Report any injury to the department.
        (2)  Send a copy of the injury report to the person who
    is injured.
        (3)  Send a copy of the injury report to the Federal Food
    and Drug Administration.
    (b)  Liability.--Nothing in this act shall be construed to
 diminish any right of recovery by a consumer which exists under
 any other statute or judicial decision.
 Section 10.  Exclusion.                                           <--
    This act does not apply to a phototherapy device used by or
    20030H0109B4643                  - 9 -     
 
 under the direct supervision of a licensed physician who is
 trained in the use of phototherapy devices.
 SECTION 10.  EXCLUSIONS.                                          <--
    THIS ACT DOES NOT APPLY TO:
        (1)  PHOTOTHERAPY DEVICES UTILIZED BY APPROPRIATE HEALTH
    CARE PROFESSIONALS UNDER THE DIRECT SUPERVISION OF A
    PHYSICIAN WHO IS TRAINED IN THE USE OF PHOTOTHERAPY DEVICES.
        (2)  PERSONAL USE IN PRIVATE RESIDENCES OF DEVICES
    INTENDED FOR PURPOSES OTHER THAN THE IRRADIATION OF HUMAN
    SKIN.
 Section 11.  Powers and duties of department.
    (a)  Regulations.--The department shall promulgate
 regulations providing for:
        (1)  Adequate training of tanning device operators.
        (2)  Proper sanitation of tanning equipment to prevent
    skin disease transmissions.
        (3)  Additional rules and regulations as it may deem
    necessary to carry out the provisions of this act.
    (b)  Use of guidelines.--In order to facilitate the prompt
 implementation of this act, the department shall have the power
 and authority to promulgate, adopt and use guidelines to
 implement the provisions of this act. Such guidelines shall be
 published in the Pennsylvania Bulletin. The guidelines shall not
 be subject to review pursuant to section 205 of the act of July
 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
 Documents Law, sections 204(b) and 301(10) of the act of October
 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys
 Act, or the act of June 25, 1982 (P.L.633, No.181), known as the
 Regulatory Review Act, and shall be effective for a period of
 not more than two years from the effective date of this act.
    20030H0109B4643                 - 10 -     
 
 After the expiration of the two-year period, the guidelines
 shall expire and shall be replaced by regulations which shall
 have been promulgated, adopted and published as provided by law.
    (c)  Inspections.--The department shall have the authority to
 provide for the inspection of tanning facilities to ensure
 compliance with this act.
 Section 12.  Penalty.
    A violation of this act constitutes a misdemeanor of the       <--
 third degree. Each day a violation continues constitutes a
 separate offense.
    IN ADDITION TO ADMINISTRATIVE ACTION BY THE DEPARTMENT, A      <--
 VIOLATION OF THIS ACT SHALL BE CONSIDERED A VIOLATION OF THE ACT
 OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR
 TRADE PRACTICES AND CONSUMER PROTECTION LAW.
 Section 13.  Repeal.
    Section 14.1 of the act of May 3, 1933 (P.L.242, No.86),
 referred to as the Cosmetology Law, is repealed insofar as it is
 inconsistent with the provisions of this act.
 Section 14.  Effective date.
    This act shall take effect as follows:
        (1)  Section 11 of this act shall take effect
    immediately.
        (2)  This section shall take effect immediately.
        (3)  The remainder of this act shall take effect in 180
    days.
 
 
 
 
    A15L35MEP/20030H0109B4643       - 11 -

 

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