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
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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, <--
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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.
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(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
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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.
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(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
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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
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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
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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.
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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.
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