SENATE AMENDED

 

PRIOR PRINTER'S NOS. 3246, 3448

PRINTER'S NO.  4242

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2270

Session of

2012

  

  

INTRODUCED BY WATSON, HENNESSEY, BAKER, GINGRICH, MUNDY, CURRY, CALTAGIRONE, CLYMER, COHEN, CONKLIN, D. COSTA, CREIGHTON, ELLIS, J. EVANS, EVERETT, FLECK, GEIST, GODSHALL, GOODMAN, GRELL, GROVE, HARHART, HARPER, HELM, HESS, HORNAMAN, KAUFFMAN, M. K. KELLER, KOTIK, KULA, MAJOR, MICOZZIE, MILLER, MILNE, MOUL, MURT, MUSTIO, O'NEILL, PICKETT, PRESTON, QUINN, READSHAW, ROSS, SCAVELLO, STERN, TALLMAN, TAYLOR, TOOHIL, VEREB, VULAKOVICH, YOUNGBLOOD, DEASY, MARSICO, PASHINSKI, BOBACK, RAPP, SAMUELSON AND MIRABITO, MARCH 19, 2012

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 17, 2012   

  

  

  

AN ACT

  

1

Establishing the Alzheimer's Disease State Planning Committee

2

within the Department of Aging Health; and providing for its

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3

powers and duties; providing for the regulation of indoor

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4

tanning facilities; establishing the Indoor Tanning

5

Regulation Fund; and providing for penalties.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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CHAPTER 1

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PRELIMINARY PROVISIONS

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Section 1 101.  Short title.

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This act shall be known and may be cited as the Pennsylvania

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Alzheimer's Disease State Plan and Indoor Tanning Regulation 

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Act.

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Section 102.  Definitions.

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The following words and phrases when used in this act shall

 


1

have the meanings given to them in this section unless the

2

context clearly indicates otherwise:

3

"Department."  The Department of Health of the Commonwealth.

4

"Secretary."  The Secretary of Health of the Commonwealth.

5

CHAPTER 3

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PENNSYLVANIA ALZHEIMER'S DISEASE STATE PLAN

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Section 2 301.  Legislative findings.

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The General Assembly finds that:

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(1)  Currently, Alzheimer's disease affects one in 12

10

Pennsylvania families.

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(2)  To date, 31 states have either published or are in

12

the process of writing an Alzheimer's disease plan.

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(3)  The Commonwealth needs to establish a planning

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committee within the Department of Aging department to

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develop a State Alzheimer's Plan that will serve as a

16

comprehensive blueprint for how the Commonwealth will address

17

the growing Alzheimer's crisis.

18

(4)  The planning process will charge State agencies,

19

legislators, residential and community care providers,

20

professional and family caregivers and persons with

21

Alzheimer's disease and related disorders to work together to

22

create a plan that addresses the Alzheimer's epidemic with a

23

thoughtful, integrated and cost-effective approach.

24

Section 3 302.  Definitions.

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The following words and phrases when used in this act chapter 

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26

shall have the meanings given to them in this section unless the

27

context clearly indicates otherwise:

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"Committee."  The Alzheimer's Disease State Planning

29

Committee established by this act chapter.

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"Department."  The Department of Aging of the Commonwealth.

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1

"Secretary."  The Secretary of Aging of the Commonwealth.

2

"State plan."  The Pennsylvania Alzheimer's Disease State

3

Plan.

4

Section 4 303.  Pennsylvania Alzheimer's Disease State Planning

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5

Committee.

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(a)  Establishment.--The Pennsylvania Alzheimer's Disease

7

State Planning Committee is established in the department.

8

(b)  Membership.--The committee shall consist of the

9

following members:

10

(1)  The chairman and minority chairman of the Aging and

11

Youth Committee and the Public Health and Welfare Committee

12

of the Senate and the chairman and minority chairman of the

13

Aging and Older Adults Services Committee and the Health

14

Committee of the House of Representatives.

15

(2)  One person with Alzheimer's disease.

16

(3)  One caregiver of a person with Alzheimer's disease.

17

(4)  A representative of the nursing home industry.

18

(5)  A representative of the assisted living industry.

19

(6)  A representative of the personal care home industry.

20

(7)  A representative of the adult day-care services

21

industry.

22

(8)  A representative of the medical care provider

23

community.

24

(9)  An Alzheimer's disease researcher.

25

(10)  A representative of a Statewide Alzheimer's

26

association.

27

(11)  The secretary or a designee.

28

(12)  A representative from the Department of Health 

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department.

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(13)  A representative from the Department of Public

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1

Welfare.

2

(14)  A representative of the local area agencies on

3

aging.

4

(15)  A representative of the home care industry.

5

(16)  A representative of the hospice industry.

6

(c)  Appointments.--Except for members identified under

7

subsection (b)(1), members of the committee shall be appointed

8

by the Governor.

9

(d)  Chair and administrative support.--The secretary shall

10

chair the committee and provide necessary administrative support

11

to the activities of the committee.

12

(e)  Compensation.--Planning committee members shall receive

13

no compensation for their services.

14

Section 5 304.  Powers and duties of committee.

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(a)  General rule.--The committee shall meet on a regular

16

basis and shall have the following powers and duties:

17

(1)  To assess the current and future impact of

18

Alzheimer's disease on residents of this Commonwealth.

19

(2)  To examine the existing industries, services and

20

resources addressing the needs of persons with Alzheimer's

21

disease, their families and caregivers.

22

(3)  To develop a strategy to mobilize a State response

23

to this public health crisis.

24

(4)  To include an examination of the following in its

25

assessment and recommendations:

26

(i)  Trends in State Alzheimer's population and

27

needs, including the changing population with dementia

28

including, but not limited to:

29

(A)  The Commonwealth's role in long-term care,

30

family caregiver support and assistance to persons

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1

with early-stage and younger onset of Alzheimer's

2

disease.

3

(B)  The Commonwealth's policy regarding persons

4

with Alzheimer's disease and related disorders.

5

(C)  The surveillance of persons with Alzheimer's

6

disease for purposes of having proper estimates of

7

the number of persons in this Commonwealth with

8

Alzheimer's disease.

9

(ii)  Existing services, resources and capacity

10

including, but not limited to:

11

(A)  Type, cost and availability of Alzheimer's

12

and related disorders services.

13

(B)  Dementia-specific training requirements for

14

long-term care staff.

15

(C)  Quality care measures for long-term care

16

facilities.

17

(D)  Capacity of public safety and law

18

enforcement to respond to persons with Alzheimer's

19

disease.

20

(E)  Availability of home and community-based

21

resources for persons with Alzheimer's disease and

22

respite care to assist families.

23

(F)  Inventory of long-term care dementia care

24

units.

25

(G)  Adequacy and appropriateness of geriatric-

26

psychiatric units for persons with behavior disorders

27

associated with Alzheimer's disease and related

28

disorders.

29

(H)  Assisted living residential options for

30

persons with dementia.

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1

(I)  State support of Alzheimer's disease

2

research through Pennsylvania colleges and

3

universities and other resources.

4

(iii)  Any needed State policies or responses

5

including, but not limited to, directions for the

6

provision of clear and coordinated services and supports

7

to persons and families living with Alzheimer's disease

8

and related disorders and strategies to address any

9

identified gaps in services.

10

(5)  To work in conjunction with the Department of Aging

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as necessary to implement this chapter.

12

(b)  Public meeting.--The committee shall hold public

13

meetings and utilize technological means, such as web casts, to

14

gather feedback on the recommendations from persons and families

15

affected by Alzheimer's disease and the general public.

16

(c)  Report.--The committee shall submit a report on its

17

findings and date-specific recommendations to the Governor and

18

the General Assembly in the form of a Pennsylvania Alzheimer's

19

Disease State Plan no later than one year after the effective

20

date of this section.

21

Section 6 305.  Expiration.

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This act chapter shall expire on the date that the report

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required by section 5(c) 304(c) is submitted.

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Section 7.  Effective date.

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This act shall take effect immediately.

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CHAPTER 5

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27

INDOOR TANNING REGULATION

28

Section 501.  Scope of chapter.

29

This chapter relates to indoor tanning regulation.

30

Section 502.  Definitions.

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1

The following words and phrases when used in this chapter

2

shall have the meanings given to them in this section unless the

3

context clearly indicates otherwise:

4

"Customer."  A member of the public who is provided access to

5

a tanning facility in exchange for a fee or other compensation

6

or any individual who, in exchange for a fee or other

7

compensation, is afforded use of a tanning facility as a

8

condition or benefit of membership or access.

9

"Fitzpatrick scale."  A scale for classifying a skin type,

10

based on the skin's reaction to the first ten to 45 minutes of

11

sun exposure after the winter season as follows:

12

Skin Type

Sunburning and Tanning History

13

1

Always burns easily, never tans

14

2

Always burns easily, tans minimally

15

3

Burns moderately, tans gradually

16

4

Burns minimally, always tans well

17

5

Rarely burns, tans profusely

18

6

Never burns, deeply pigmented

19

"Legal entity."  An individual, corporation, partnership,

20

proprietorship or association.

21

"Operator."  An individual designated by a legal entity to

22

control operation of the tanning facility and to instruct and

23

assist the customer in the proper operation of the tanning

24

equipment.

25

"Phototherapy device."  Equipment that emits ultraviolet

26

radiation and is used by health care professionals in the

27

treatment of disease. The term shall not include any of the

28

following:

29

(1)  Devices utilized by appropriate health care

30

professionals under the direct supervision of a physician who

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1

is trained in the use of phototherapy devices.

2

(2)  Devices used for personal use in a private

3

residence.

4

(3)  Devices intended for purposes other than the

5

irradiation of human skin.

6

"Tanning equipment or device."  Equipment that emits

7

radiation used for tanning of the skin, such as a sunlamp,

8

tanning booth or tanning bed that emits electromagnetic

9

radiation with wavelengths in the air between 200 and 400

10

nanometers. The term includes any accompanying equipment, such

11

as protective eyewear, timers and handrails.

12

"Tanning facility."  Any place where a tanning device is used

13

for a fee, membership dues or any other compensation.

14

"Ultraviolet radiation."  Electromagnetic radiation with

15

wavelengths between 200 and 400 nanometers.

16

Section 503.  Certificate of registration and fees.

17

(a)  Requirement.--No legal entity shall establish, maintain,

18

operate or hold itself out as authorized to establish, maintain

19

or operate a tanning facility without first having obtained a

20

certificate of registration issued by the department.

21

(b)  Application.--A legal entity may apply for a certificate

22

of registration required under subsection (a) by submitting an

23

application to the department on a form prescribed by the

24

department. The form shall require all of the following

25

information:

26

(1)  The name, address and telephone number of the

27

tanning facility and owner.

28

(2)  The manufacturer, model number and type of each

29

ultraviolet lamp or tanning device used in the tanning

30

facility.

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1

(3)  The name and contact information of the equipment

2

supplier, installer and service agent of each ultraviolet

3

lamp or tanning device used in the tanning facility.

4

(4)  A signed and dated certification that the applicant

5

has read and understands the requirements of this chapter.

6

(5)  A copy of the operating and safety procedures of the

7

tanning facility.

8

(6)  Any additional information required by the

9

department.

10

(c)  Determination.--The department shall issue a certificate

11

of registration to an applicant upon determination that the

12

applicant meets all of the requirements of this chapter.

13

(d)  Fee.--An applicant shall be required to pay a

14

registration fee of $300 per salon, including ten devices, and

15

$20 per additional bed for each year that the facility applies

16

for a certificate of registration. The department may increase

17

registration fees by regulation to ensure implementation of this

18

chapter.

19

(e)  Posting.--A legal entity shall post its certificate of

20

registration in a location clearly visible to its customers.

21

(f)  Disclaimer.--The department shall promulgate language to

22

be clearly placed on the certificate of registration explaining

23

that such facility has not had an initial inspection by the

24

department.

25

(g)  Term.--A certificate of registration shall be issued for

26

a period of time not to exceed 12 months following the date of

27

issuance and shall be renewable for one additional year, subject

28

to extension as provided in section 503.1.

29

(h)  Renewal.--A legal entity shall submit an application for

30

renewal of a certificate of registration on a form prescribed by

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1

the department prior to expiration of its current certificate of

2

registration.

3

(i)  Nontransferability.--A certificate of registration shall

4

not be transferable from one legal entity or one tanning

5

facility to another.

6

(j)  Denial, suspension or revocation.--The following shall

7

apply to the denial, suspension or revocation of a certificate

8

of registration:

9

(1)  The department may deny, suspend or revoke a

10

certificate of registration for any of the following reasons:

11

(i)  Submission of false statements in application,

12

reports, plans or specifications.

13

(ii)  For conditions which violate this chapter.

14

(iii)  Operation of the tanning facility in a manner

15

that threatens public health or safety.

16

(iv)  Failure to allow the department to enter the

17

tanning facility at reasonable hours for inspection or

18

investigation.

19

(v)  Failure to pay registration fees.

20

(2)  Except in cases involving an immediate threat to

21

public health and safety under section 511(b), the department

22

shall, prior to suspension or revocation of a certificate of

23

registration, provide written notice to the legal entity to

24

whom the certificate of registration has been issued of the

25

facts or conduct which may warrant suspension or revocation

26

and shall provide the legal entity with an opportunity to

27

demonstrate or achieve compliance. The legal entity may

28

request an administrative hearing upon receipt of the written

29

notice.

30

(k)  Expiration.--

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1

(1)  Except as otherwise provided in paragraph (2), this

2

section shall expire two years from its effective date.

3

(2)  Paragraph (1) shall not apply to the duty to post

4

under subsection (e), the term provisions of subsection (g),

5

the nontransferability provisions of subsection (i) or the

6

powers of the department under subsection (j) and this

7

subsection.

8

(3)  A certificate of registration issued by the

9

department that is not extended in accordance with the

10

provisions of section 503.1 shall automatically expire two

11

years from the effective date of this section.

12

Section 503.1.  Extension of certificates of registration.

13

If a legal entity that holds a valid certificate of

14

registration issued by the department has applied for a license

15

from the department prior to the expiration date of section

16

503(a) and the department has not inspected the tanning facility

17

for purposes of reviewing the application for the license by the

18

expiration date, then the term of the certificate of

19

registration shall be extended until:

20

(1)  the department approves or denies the application

21

for license; or

22

(2)  the department revokes or suspends the certificate

23

of registration in accordance with section 503(j).

24

Section 504.  Licensing and fees.

25

(a)  Requirement.--No legal entity shall establish, maintain,

26

operate or hold itself out as authorized to establish, maintain

27

or operate a tanning facility unless the legal entity has:

28

(1)  obtained a license issued by the department; or

29

(2)  been issued a certificate of registration that is

30

extended under the provisions of section 503.1.

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1

(b)  Application.--A legal entity may apply for a license

2

required under subsection (a) by submitting an application to

3

the department on a form prescribed by the department. The form

4

shall require all of the following information:

5

(1)  The name, address and telephone number of the

6

tanning facility and owner.

7

(2)  The manufacturer, model number and type of each

8

ultraviolet lamp or tanning device used in the tanning

9

facility.

10

(3)  The name and contact information of the equipment

11

supplier, installer and service agent of each ultraviolet

12

lamp or tanning device used in the tanning facility.

13

(4)  A signed and dated certification that the applicant

14

has read and understands the requirements of this chapter.

15

(5)  A copy of the operating and safety procedures of the

16

tanning facility.

17

(6)  Any additional information required by the

18

department.

19

(c)  Determination.--The department shall issue a license to

20

an applicant upon determination that the applicant meets all of

21

the requirements of this chapter.

22

(d)  Fee.--An applicant shall be required to pay a license

23

fee in such amount as determined by regulation of the

24

department. The department shall not establish the fee in excess

25

of the amount necessary to conduct inspections and to enforce

26

the provisions of this chapter.

27

(e)  Posting.--A licensee shall post its license in a

28

location clearly visible to its customers.

29

(f)  Expiration.--A license shall expire annually on the date

30

specified on the license.

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1

(g)  Renewal.--A licensee must file an application for

2

renewal on a form prescribed by the department prior to

3

expiration of its current license.

4

(h)  Nontransferability.--A license shall not be transferable

5

from one legal entity or one tanning facility to another.

6

(i)  Denial, suspension or revocation.--The following shall

7

apply to the denial, suspension or revocation of a license:

8

(1)  The department may deny, suspend or revoke licensure

9

for any of the following reasons:

10

(i)  Submission of false statements in application,

11

reports, plans or specifications.

12

(ii)  For conditions which violate this chapter.

13

(iii)  Operation of the tanning facility in a manner

14

that threatens public health or safety.

15

(iv)  Failure to allow the department to enter the

16

tanning facility at reasonable hours for inspection or

17

investigation.

18

(v)  Failure to pay license fees.

19

(2)  Except in cases involving an immediate threat to

20

public health and safety under section 511(b), the department

21

shall, prior to suspension or revocation of a license,

22

provide written notice to the licensee of the facts or

23

conduct which may warrant suspension or revocation and shall

24

provide the licensee with an opportunity to demonstrate or

25

achieve compliance. The licensee may request an

26

administrative hearing upon receipt of the written notice.

27

Section 505.  Inspection.

28

(a)  Access.--The department shall have access at reasonable

29

times to any tanning facility, including its records, to inspect

30

and determine whether the tanning facility is in compliance with

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1

this chapter.

2

(b)  Certificate of registration.--A tanning facility that

3

holds a certificate of registration is subject to inspections as

4

follows:

5

(1)  For purposes of a random sample on an announced or

6

unannounced basis.

7

(2)  At the request of an operator on an announced or

8

unannounced basis.

9

(3)  In response to a complaint on an unannounced basis.

10

(c)  Licensure.--A tanning facility that applies for a

11

license or holds a license is subject to inspections as follows:

12

(1)  An initial inspection shall be conducted by the

13

department after receipt of the application.

14

(2)  For purposes of a random sample on an announced or

15

unannounced basis.

16

(3)  In response to a complaint on an unannounced basis.

17

(d)  Scope.--Inspections conducted by the department under

18

this section shall encompass all of the following matters:

19

(1)  The operation of the tanning facility.

20

(2)  Review of required records and training

21

documentation.

22

(3)  Operator understanding and competency.

23

(4)  Any other area concerning a requirement of this

24

chapter.

25

Section 506.  Warning signs and statements.

26

(a)  Warning signs and statements describing hazards.--A

27

tanning facility shall post a warning sign in a place readily

28

visible to persons entering the establishment. The sign shall

29

have dimensions not less than 11 inches by 17 inches. Lettering

30

must be clear, legible and at least 0.25 inches high, with all

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1

of the following provisions on the sign:

2

(1)  The wording, "DANGER--ULTRAVIOLET RADIATION," in

3

letters at least 0.5 inches high.

4

(2)  Follow the manufacturer's instructions for use of

5

this device.

6

(3)  Avoid overexposure. As with natural sunlight,

7

overexposure can cause eye and skin injury and allergic

8

reactions. Repeated exposure to ultraviolet radiation may

9

cause chronic sun damage characterized by wrinkling, dryness,

10

fragility, bruising of the skin and skin cancer.

11

(4)  Do not sunbathe before or after exposure to

12

ultraviolet radiation from sunlamps.

13

(5)  Wear protective eyewear. Failure to use protective

14

eyewear may result in severe burns or permanent injury to the

15

eyes.

16

(6)  Medications or cosmetics may increase your

17

sensitivity to the ultraviolet radiation. Consult a physician

18

before using a sunlamp if you are using medications, have a

19

history of skin problems or believe you are especially

20

sensitive to sunlight. Women who are pregnant or are taking

21

oral contraceptives who use this product may develop

22

discolored skin.

23

(7)  Contact the department to report an alleged injury

24

regarding this tanning facility.

25

(8)  The wording, "IF YOU DO NOT TAN IN THE SUN, YOU ARE

26

UNLIKELY TO TAN FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP."

27

(b)  Written warning statement.--Each customer shall be

28

provided with a written warning statement requiring a signature

29

prior to initial exposure. The warning statement shall include

30

all of the following:

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1

(1)  Failure to use the eye protection provided to the

2

customer by the tanning facility may result in damage to the

3

eyes.

4

(2)  Overexposure to ultraviolet light causes burns.

5

(3)  Repeated exposure may result in premature aging of

6

the skin and skin cancer.

7

(4)  Abnormal skin sensitivity or burning may be caused

8

by reactions of ultraviolet light to certain:

9

(i)  foods;

10

(ii)  cosmetics; or

11

(iii)  medications, including:

12

(A)  tranquilizers;

13

(B)  diuretics;

14

(C)  antibiotics;

15

(D)  high blood pressure medicines; or

16

(E)  birth control pills.

17

(5)  Any person taking a prescription or over-the-counter

18

drug should consult a physician before using a tanning

19

device.

20

(6)  A person with skin that always burns easily and

21

never tans should avoid a tanning device.

22

(7)  A person with a family or past medical history of

23

skin cancer should avoid a tanning device.

24

(c)  Liability.--The warning statement provided under

25

subsection (b) shall not affect the liability of the owner,

26

manager or operator of a tanning facility in the event that a

27

customer fails to follow the warning statement and incurs

28

damages.

29

Section 507.  Tanning devices.

30

(a)  Federal certification.--Only tanning devices

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1

manufactured and certified under 21 CFR 1040.20 (relating to

2

sunlamp products and ultraviolet lamps intended for use in

3

sunlamp products) may be used in tanning facilities.

4

(b)  Condition.--All tanning devices shall do all of the

5

following:

6

(1)  Meet the National Fire Protection Association's

7

National Electrical Code and any other State or local

8

electrical codes.

9

(2)  Have physical barriers to protect customers from

10

injury due to touching or breaking lamps.

11

(3)  Be maintained in good repair.

12

(c)  Stand-up booths.--Stand-up booths shall meet all of the

13

following conditions:

14

(1)  Have physical barriers or other means to indicate

15

proper exposure distance.

16

(2)  Be constructed rigidly enough to withstand stress of

17

use and impact of a falling person.

18

(3)  Access shall be of rigid construction, doors must

19

open outwardly and handrails and nonslip floors must be

20

provided.

21

(d)  Protective eyewear.--Operators shall require customers

22

to wear protective eyewear in order to use a tanning device.

23

When a tanning device is in use, no other person shall be

24

allowed to remain in the area unless the person wears protective

25

eyewear. Protective eyewear shall do all of the following:

26

(1)  Be provided free of charge, along with instructions

27

for use. Customers may also be given the option to purchase

28

their own eyewear.

29

(2)  Meet the requirements of 21 CFR 1040.20.

30

(3)  Be properly sanitized before each use. Ultraviolet

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1

rays shall not be considered a sanitizing agent.

2

Section 508.  Operation.

3

(a)  Skin type.--Operators must be able to recognize the skin

4

type of the customer based on the Fitzpatrick scale and advise

5

the customer accordingly in regard to maximum time of exposure.

6

(b)  Customer records.--A record shall be kept of each

7

customer's total number of tanning visits, date, time and

8

duration of each.

9

(c)  Records.--All records or documentation required by this

10

chapter shall be maintained in the tanning facility for a

11

minimum of  seven years. Records on computer must be backed up

12

on storage media other than the hard drive at least monthly and

13

must be retrievable as a printed copy. Records shall be

14

accessible by the department during an inspection.

15

(d)  Duration and frequency.--Operators shall limit session

16

duration and frequency to maximums recommended by the

17

manufacturer.

18

Section 509.  Restrictions on use by minors.

19

(a)  Accompaniment.--All minors shall be accompanied by their

20

parent or legal guardian in order to use a tanning device for

21

the first time at each facility.

22

(b)  Identification.--Before the first use by a minor and

23

every six months thereafter, the owner or operator shall witness

24

the parent's or legal guardian's signing and dating of the

25

warning statement required under section 506(b). The parent or

26

legal guardian shall also sign a statement stating the

27

relationship with a child who is under 14 years of age.

28

(c)  Medical permission.--Persons under 14 years of age may

29

not use a tanning device unless they present written permission

30

by a properly licensed doctor of medicine or doctor of

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1

osteopathic medicine.

2

(d)  Records.--Records of parental consent shall be

3

maintained for all minor customers of the tanning facility for a

4

period of at least three years.

5

Section 510.  Training.

6

(a)  Operator.--A tanning facility shall have an operator

7

present in accordance with subsection (b) who is sufficiently

8

knowledgeable in the operation of the tanning devices,

9

including:

10

(1)  Knowledge of the requirements of this section and of

11

21 CFR 1040.20 (relating to sunlamp products and ultraviolet

12

lamps intended for use in sunlamp products).

13

(2)  Proper use of the United States Food and Drug

14

Administration's recommended exposure schedule.

15

(3)  Procedures for correct operation of the tanning

16

facility.

17

(4)  Recognition of injuries and the facility's

18

procedures of handling the injuries from overexposure to

19

ultraviolet radiation.

20

(5)  Manufacturer's procedures for operation and

21

maintenance of the tanning device.

22

(6)  Use of protective eyewear.

23

(7)  Emergency procedures in case of injury.

24

(8)  Effects of ultraviolet radiation, acute and chronic

25

exposure and health risks.

26

(9)  Photosensitizing agents.

27

(10)  The six different skin types.

28

(b)  Presence.--A trained operator shall be present at the

29

tanning facility during all operating hours while tanning

30

equipment is in operation and shall inform and assist each

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1

customer in the operation and use of the tanning device. No

2

consumer may use the tanning equipment in the absence of a

3

trained operator.

4

Section 511.  Sanctions.

5

(a)  Penalties.--

6

(1)  A legal entity that operates a tanning facility in

7

violation of this chapter commits a misdemeanor and shall be

8

subject to suspension or revocation of the tanning facility's

9

certificate of registration or license. A person who operates

10

a tanning device in violation of this chapter commits a

11

misdemeanor.

12

(2)  A legal entity that is in violation of section 509

13

shall be subject to a civil penalty of not more than $250 for

14

the first violation, up to $500 for the second violation and

15

up to $1,000 for each subsequent violation.

16

(b)  Suspension or revocation.--If the department finds a

17

violation of this chapter that creates an immediate threat to

18

the health and safety of the public, the department may suspend

19

or revoke the tanning facility's certificate of registration or

20

license to operate.

21

(c)  Enforcement.--

22

(1)  The department may take the following steps in

23

writing or use any other acts and regulations to enforce the

24

provisions of this chapter:

25

(i)  Cite each section of the chapter violated.

26

(ii)  Specify the manner in which the owner, manager

27

or operator failed to comply with this chapter.

28

(iii)  Require a corrective action plan, including a

29

reasonable time schedule for completion. The department

30

shall review the corrective action plan and approve or

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1

require modification of the plan.

2

(2)  If a tanning facility fails to comply with

3

conditions of the written notice provided under paragraph

4

(1), the department shall notify the owner, manager or

5

operator, by certified mail, that unless action is taken

6

within five days of receipt of the written notice, the

7

tanning facility's certificate of registration or license

8

shall be suspended or revoked.

9

Section 512.  Fund established; disposition of fees, fines and

10

penalties.

11

(a)  Fund established.--There is hereby established a

12

restricted account within the General Fund known as the Indoor

13

Tanning Regulation Fund.

14

(b)  Disposition of moneys.--All fees, fines and civil

15

penalties imposed in accordance with this chapter shall be paid

16

into the Indoor Tanning Regulation Fund and are hereby

17

appropriated to the department for use in the performance of its

18

duties under this chapter.

19

Section 513.  Departmental duties.

20

The department shall administer the provisions of this

21

chapter and promulgate and adopt such regulations as may be

22

necessary to implement this chapter.

23

Section 514.  Severability.

24

The provisions of this chapter are severable. If any

25

provision of this chapter or its application to any person or

26

circumstance is held invalid, the invalidity shall not affect

27

other provisions or applications of this chapter which can be

28

given effect without the invalid provision or application.

29

CHAPTER 21

30

MISCELLANEOUS PROVISIONS

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1

Section 2101.  Effective date.

2

This act shall take effect as follows:

3

(1)  Section 503 shall take effect in 90 days.

4

(2)  Section 504 shall take effect January 19, 2015.

5

(3)  The remainder of this act shall take effect

6

immediately.

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