| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 3246, 3448 | PRINTER'S NO. 4242 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 17, 2012 |
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| AN ACT |
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1 | Establishing the Alzheimer's Disease State Planning Committee |
2 | within the Department of Aging Health; and providing for its | <-- |
3 | powers and duties; providing for the regulation of indoor | <-- |
4 | tanning facilities; establishing the Indoor Tanning |
5 | Regulation Fund; and providing for penalties. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | CHAPTER 1 | <-- |
9 | PRELIMINARY PROVISIONS |
10 | Section 1 101. Short title. | <-- |
11 | This act shall be known and may be cited as the Pennsylvania |
12 | Alzheimer's Disease State Plan and Indoor Tanning Regulation | <-- |
13 | Act. |
14 | Section 102. Definitions. | <-- |
15 | The following words and phrases when used in this act shall |
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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 |
6 | PENNSYLVANIA ALZHEIMER'S DISEASE STATE PLAN |
7 | Section 2 301. Legislative findings. | <-- |
8 | The General Assembly finds that: |
9 | (1) Currently, Alzheimer's disease affects one in 12 |
10 | Pennsylvania families. |
11 | (2) To date, 31 states have either published or are in |
12 | the process of writing an Alzheimer's disease plan. |
13 | (3) The Commonwealth needs to establish a planning |
14 | committee within the Department of Aging department to | <-- |
15 | 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. | <-- |
25 | The following words and phrases when used in this act chapter | <-- |
26 | shall have the meanings given to them in this section unless the |
27 | context clearly indicates otherwise: |
28 | "Committee." The Alzheimer's Disease State Planning |
29 | Committee established by this act chapter. | <-- |
30 | "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 | <-- |
5 | Committee. |
6 | (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 | <-- |
29 | department. | <-- |
30 | (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. | <-- |
15 | (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 | <-- |
11 | 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. | <-- |
22 | This act chapter shall expire on the date that the report | <-- |
23 | required by section 5(c) 304(c) is submitted. | <-- |
24 | Section 7. Effective date. | <-- |
25 | This act shall take effect immediately. |
26 | CHAPTER 5 | <-- |
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 |
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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 |
|
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. |
|