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General Tanning Industry Discussions Tanning Salon Owners and Professionals in The Tanning Industry Discuss a wide Variety of Topics. |
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I love Derf!! ![]() Join Date: Mar 12 2002 Location: Undisclosed Secure Location
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Rep Power: 24 ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | PRINTER'S NO. 596 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 548 Session of 2005 INTRODUCED BY E. Z. TAYLOR, BEBKO-JONES, CALTAGIRONE, CRAHALLA, DALEY, FREEMAN, GINGRICH, GOOD, GOODMAN, HENNESSEY, HERSHEY, LaGROTTA, LEDERER, MANN, McILHATTAN, PISTELLA, ROSS, RUBLEY, SATHER, SCHRODER, THOMAS, TIGUE, WALKO, WASHINGTON AND YOUNGBLOOD, FEBRUARY 15, 2005 REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 15, 2005 AN ACT 1 Regulating tanning facilities; providing for the registration of 2 persons operating tanning facilities; requiring that certain 3 warnings be given and safeguards be taken; imposing 4 penalties; and making a repeal. 5 TABLE OF CONTENTS 6 Section 1. Short title. 7 Section 2. Definitions. 8 Section 3. Registration required. 9 Section 4. Compliance with Federal laws and regulations. 10 Section 5. Warning statement required. 11 Section 6. Warning sign required. 12 Section 7. General requirements. 13 Section 8. Certain claims prohibited. 14 Section 9. Injured patrons. 15 Section 10. Exclusion. 16 Section 11. Powers and duties of department. 17 Section 12. Penalty. 1 Section 13. Repeal. 2 Section 14. Effective date. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Tanning 7 Facilities Act. 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Department." The Department of Health of the Commonwealth. 13 "Phototherapy device." Equipment that emits ultraviolet 14 radiation used by a health care professional in the treatment of 15 disease. 16 "Protective eyewear." Any device designed to be worn by 17 users of a tanning device to reduce exposure of the eyes to 18 radiation emitted by the device. 19 "Tanning device." Any equipment that emits ultraviolet 20 radiation with wavelengths in the air between 200 and 400 21 nanometers and that is used for tanning of the skin. The term 22 includes, but is not limited to, a sunlamp, tanning unit, 23 tanning booth or tanning bed. 24 "Tanning facility." Any location, place, area, structure or 25 business which provides persons access to any tanning device for 26 compensation. 27 "Timer." Any device incorporated into a tanning device which 28 terminates radiation emission after a preset time interval. 29 "Ultraviolet lamp." Any lamp which produces ultraviolet 30 radiation in the wavelength interval of 200 to 400 nanometers in 20050H0548B0596 - 2 - 1 air and which is intended for use in tanning devices. 2 "Ultraviolet radiation." Electromagnetic radiation with 3 wavelengths in air between 200 to 400 nanometers. 4 Section 3. Registration required. 5 (a) Registration of tanning facilities.--A person shall not 6 operate a tanning facility without first having registered with 7 the department. Registration shall be renewed annually. The 8 owner of the facility shall file an application for registration 9 with the department on a form prescribed by the department that 10 shall include at least the following: 11 (1) Applicant's or owner's name, address and telephone 12 number. 13 (2) Name of the tanning facility, address and telephone 14 number. 15 (3) Type and year of ultraviolet lamps or tanning 16 device. 17 (4) Name of ultraviolet lamp and tanning device 18 manufacturer. 19 (5) Primary function of the business in which the 20 tanning facility is located. 21 (6) Signed and dated certification that the applicant 22 has read and understands the regulations promulgated pursuant 23 to this act. 24 (b) Registration fees.--Unless changed by the department by 25 regulation, the initial registration fee shall be $35 and the 26 annual registration renewal fee shall be $25. 27 (c) Sanctions.--Registration may be denied, suspended, 28 revoked, or the renewal of a license may be denied for any of 29 the following reasons: 30 (1) Violation of any of the provisions of this act or 20050H0548B0596 - 3 - 1 the regulations adopted by the department. 2 (2) Conviction of an applicant or registration holder of 3 an offense arising from false, fraudulent, deceptive or 4 misleading advertising. The record of conviction or a 5 certified copy shall be conclusive evidence of the 6 conviction. 7 (d) Administrative fine.--In addition to any other penalty 8 provided by law, the department may levy an administrative fine 9 of not more than $1,000 for a violation of the act. 10 Section 4. Compliance with Federal laws and regulations. 11 Any tanning device used by a tanning facility shall comply 12 with all applicable Federal laws and regulations. 13 Section 5. Warning statement required. 14 A tanning facility shall give each customer a written 15 statement warning that: 16 (1) Not wearing the eye protection provided to the 17 customer by the tanning center may cause damage to the eyes. 18 (2) Overexposure causes burns. 19 (3) Repeated overexposure may cause premature aging of 20 the skin and skin cancer. 21 (4) Abnormal skin sensitivity or burning may be caused 22 by certain: 23 (i) Foods. 24 (ii) Cosmetics. 25 (iii) Medications, including, but not limited to, 26 the following: 27 (A) Tranquilizers. 28 (B) Diuretics. 29 (C) Antibiotics. 30 (D) High blood pressure medicines. 20050H0548B0596 - 4 - 1 (E) Birth control pills. 2 (5) Any person taking a prescription or over-the-counter 3 drug should consult a physician before using a tanning 4 device. 5 Section 6. Warning sign required. 6 (a) Facility sign.--A tanning facility shall post a warning 7 sign in a conspicuous location where it is readily readable by 8 persons entering the establishment. The sign shall contain the 9 following warning: 10 DANGER: ULTRAVIOLET RADIATION 11 Repeated exposure to ultraviolet radiation may cause 12 chronic sun damage to the skin characterized by 13 wrinkling, dryness, fragility, bruising of the skin, and 14 skin cancer. 15 Failure to use protective eyewear may result in 16 severe burns or permanent injury to the eyes. 17 Medications or cosmetics may increase your 18 sensitivity to ultraviolet radiation. Consult a physician 19 before using a sunlamp if you are using medications, have 20 a history of skin problems, or believe you are especially 21 sensitive to sunlight. Pregnant women or women taking 22 oral contraceptives who use this product may develop 23 discolored skin. 24 IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN FROM 25 USE OF AN ULTRAVIOLET SUNLAMP 26 (b) Device sign.--A tanning facility shall post a warning 27 sign, one sign for each tanning device, in a conspicuous 28 location that is readily readable to a person about to use the 29 device. The sign shall contain the following: 30 DANGER: ULTRAVIOLET RADIATION 20050H0548B0596 - 5 - 1 (1) Follow the manufacturer's instructions for use of 2 this device. 3 (2) Avoid too frequent or lengthy exposure. As with 4 natural sunlight, exposure can cause serious eye and skin 5 injuries and allergic reactions. Repeated exposure may cause 6 skin cancer. 7 (3) Wear protective eyewear. Failure to use protective 8 eyewear may result in severe burns or permanent damage to the 9 eyes. 10 (4) Do not sunbathe before or after exposure to 11 ultraviolet radiation from sunlamps. 12 (5) Medication or cosmetics may increase your 13 sensitivity to ultraviolet radiation. Consult a physician 14 before using a sunlamp if you are using medication, have a 15 history of skin problems or believe you are especially 16 sensitive to sunlight. Pregnant women or women using oral 17 contraceptives who use this product may develop discolored 18 skin. 19 IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN 20 FROM USE OF THIS DEVICE 21 Section 7. General requirements. 22 (a) Tanning facilities.--A tanning facility shall: 23 (1) Have an operator present during operating hours who 24 is sufficiently knowledgeable in the correct operation of the 25 tanning devices used at the facility so that he or she is 26 able to inform and assist each customer in the proper use of 27 the tanning devices. 28 (2) Before each use of a tanning device, provide each 29 customer with properly sanitized protective eyewear that 30 protects the eyes from ultraviolet radiation and allows 20050H0548B0596 - 6 - 1 adequate vision to maintain balance; and not allow a person 2 to use a tanning device if that person does not use the 3 protective eyewear. 4 (3) Show each customer how to use suitable physical 5 aids, such as handrails and markings on the floor, to 6 maintain proper exposure distance as recommended by the 7 manufacturer. 8 (4) Use a timer that has an accuracy of plus or minus 9 10% of any selected timer interval. 10 (5) Limit each customer to the maximum exposure time as 11 recommended by the manufacturer. 12 (6) Control the interior temperature of a tanning device 13 so that it does not exceed 100 degrees Fahrenheit. 14 (b) Persons using tanning facilities.-- 15 (1) Every person who uses a tanning facility shall sign 16 a written statement acknowledging that he or she has read and 17 understood the warnings under sections 5 and 6 before using 18 the device and agrees to use the protective eyewear that the 19 tanning facility provides. The statement of acknowledgment 20 shall be retained by the tanning facility until the end of 21 the calendar year, at which time each person who is a current 22 customer of the facility shall be required to renew that 23 acknowledgment. 24 (2) Whenever using a tanning device, a person shall use 25 the protective eyewear that the tanning facility provides. 26 (3) Before any person between 14 and 18 years of age 27 uses a tanning device, he or she shall give the tanning 28 facility a statement, signed by his or her parent or legal 29 guardian, stating that the parent or legal guardian has read 30 and understood the warnings given by the tanning facility, 20050H0548B0596 - 7 - 1 consents to the minor's use of a tanning device and agrees 2 that the minor will use the protective eyewear that the 3 tanning facility provides. 4 (4) A person 14 years of age or younger shall be 5 accompanied by a parent or legal guardian when using a 6 tanning device. 7 Section 8. Certain claims prohibited. 8 A tanning facility shall not claim or distribute promotional 9 materials that claim that using a tanning device is safe or free 10 from risk. 11 Section 9. Injured patrons. 12 (a) Reports.--If a patron sustains an injury related to 13 exposure to ultraviolet light and, whereupon, he or she must 14 seek medical attention, a tanning facility shall do the 15 following: 16 (1) Report any injury to the department. 17 (2) Send a copy of the injury report to the person who 18 is injured. 19 (3) Send a copy of the injury report to the Federal Food 20 and Drug Administration. 21 (b) Liability.--Nothing in this act shall be construed to 22 diminish any right of recovery by a consumer which exists under 23 any other statute or judicial decision. 24 Section 10. Exclusions. 25 This act does not apply to: 26 (1) Phototherapy devices utilized by appropriate health 27 care professionals under the direct supervision of a 28 physician who is trained in the use of phototherapy devices. 29 (2) Personal use in private residences of devices 30 intended for purposes other than the irradiation of human 20050H0548B0596 - 8 - 1 skin. 2 Section 11. Powers and duties of department. 3 (a) Regulations.--The department shall promulgate 4 regulations providing for: 5 (1) Adequate training of tanning device operators. 6 (2) Proper sanitation of tanning equipment to prevent 7 skin disease transmissions. 8 (3) Additional rules and regulations as it may deem 9 necessary to carry out the provisions of this act. 10 (b) Use of guidelines.--In order to facilitate the prompt 11 implementation of this act, the department shall have the power 12 and authority to promulgate, adopt and use guidelines to 13 implement the provisions of this act. Such guidelines shall be 14 published in the Pennsylvania Bulletin. The guidelines shall not 15 be subject to review pursuant to section 205 of the act of July 16 31, 1968 (P.L.769, No.240), referred to as the Commonwealth 17 Documents Law, sections 204(b) and 301(10) of the act of October 18 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys 19 Act, or the act of June 25, 1982 (P.L.633, No.181), known as the 20 Regulatory Review Act, and shall be effective for a period of 21 not more than two years from the effective date of this act. 22 After the expiration of the two-year period, the guidelines 23 shall expire and shall be replaced by regulations which shall 24 have been promulgated, adopted and published as provided by law. 25 (c) Inspections.--The department shall have the authority to 26 provide for the inspection of tanning facilities to ensure 27 compliance with this act. 28 Section 12. Penalty. 29 In addition to administrative action by the department, a 30 violation of this act shall be considered a violation of the act 20050H0548B0596 - 9 - 1 of December 17, 1968 (P.L.1224, No.387), known as the Unfair 2 Trade Practices and Consumer Protection Law. 3 Section 13. Repeal. 4 Section 14.1 of the act of May 3, 1933 (P.L.242, No.86), 5 referred to as the Cosmetology Law, is repealed insofar as it is 6 inconsistent with the provisions of this act. 7 Section 14. Effective date. 8 This act shall take effect as follows: 9 (1) Section 11 of this act shall take effect 10 immediately. 11 (2) This section shall take effect immediately. 12 (3) The remainder of this act shall take effect in 180 13 days. B11L35SFL/20050H0548B0596 - 10 - Link to PA General Assembly |
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I love Derf!! ![]() Join Date: Jul 16 2004 Location: NH
Posts: 474
Rep Power: 20 ![]() ![]() ![]() ![]() ![]() ![]() | The laws in NH are about the same. A little more strict when it come to teens. No one under 14 can tan without a written order from a physician. 14-17 with parent or legal guardian’s written consent. The parent or guardian needs to be physically present at the time of the initial use of the tanning device. The consent shall be valid for only 12 subsequent uses of the tanning device. _________________ [ This Message was edited by: Kay on 2005-02-25 08:51 ] |
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![]() Join Date: Oct 29 2003 Location: Dallas, TX Age: 61
Posts: 239
Rep Power: 20 ![]() | We are regulated in Texas and I have no problem with it. The proposed law in Pennsylvania is very similar to what we abide by here and it has only served to make the tanning industry better as a whole. In my opinion, the proposed legislation is not unreasonable and will do just as tanman has suggested, it will "clean up" the dirty, unlicensed salons and their dangerously untrained employees...the tanning salons that give us all a bad reputation. Having said that, thanks to EZ Jim for keeping us updated on proposed laws, because eventually the government WILL go too far in their attempts to save us from ourselves. |
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I love Derf!! ![]() Join Date: Jul 16 2004 Location: NH
Posts: 474
Rep Power: 20 ![]() ![]() ![]() ![]() ![]() ![]() | Quote: On 2005-02-25 09:09:00, RandyR wrote: We are regulated in Texas and I have no problem with it. The proposed law in Pennsylvania is very similar to what we abide by here and it has only served to make the tanning industry better as a whole. In my opinion, the proposed legislation is not unreasonable and will do just as tanman has suggested, it will "clean up" the dirty, unlicensed salons and their dangerously untrained employees...the tanning salons that give us all a bad reputation. Having said that, thanks to EZ Jim for keeping us updated on proposed laws, because eventually the government WILL go too far in their attempts to save us from ourselves. Agree 100% |
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Join Date: Mar 12 2005
Posts: 1
Rep Power: 0 ![]() | Matrix spray on without any warnings applied to my daughter who died last night after an early pm tanning visit. The has, now had as she is gone, Ashtma. I saw several warnings on the net. This DHA product - what can you tell me about the manufacturers suggested cautions, warnings, or otherwise,. I just lost my 24 yr old daughter. Don't hold back. This is not a joke. M. Torst Reno, NV Decesased Brittney Torst, Reno, NV |
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