STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 544	By:	Rice

AS INTRODUCED

An Act relating to public health and safety; defining terms; prohibiting use of a tanning device by a person under thirteen; providing for exceptions; requiring informed consent statement in certain circumstances; requiring accompaniment by a parent or legal guardian in certain circumstances; directing the State Department of Health to investigate certain complaints; authorizing the Department to impose administrative fine for noncompliance; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-1420 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  For purposes of this section:
1.  “Tanning device” means any equipment, including a sunlamp, tanning booth, or tanning bed, that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and is issued for the tanning of human skin; and
2.  “Tanning facility” means a business that provides persons access to or use of tanning beds.
B.  To ensure the proper operation of the tanning equipment, a tanning facility shall not allow a person younger than thirteen (13) years of age to use a tanning device unless:
1.  The facility receives written permission from the person’s physician allowing the person to use the device; and
2.  The person’s parent or legal guardian remains at the tanning facility while the person uses the device.
C.  Before any person sixteen (16) or seventeen (17) years of age uses a tanning facility device for the first time, the person shall provide the tanning facility with a written informed consent statement signed and dated by the person’s parent or legal guardian stating that the parent or legal guardian consents to the minor’s use of a tanning device and agrees that the minor will use protective eyewear.
D.  A person who is thirteen (13), fourteen (14), or fifteen (15) years of age shall be accompanied by a parent or legal guardian who shall remain at the tanning facility while the person uses the tanning device.
E.  The State Department of Health shall investigate complaints of noncompliance with this section and may impose an administrative fine not to exceed Five Hundred Dollars ($500.00) for each offense.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-308	JM	1/12/2009 11:17:38 AM