S.B. 52 Enrolled

1

HEALTH REGULATIONS FOR PUBLIC
2 INDOOR TANNING BEDS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Patricia W. Jones
6 House Sponsor: Phil Riesen
7
8 LONG TITLE
9 General Description:
10 This bill amends the Health Code to authorize the Department of Health to regulate
11 public tanning facilities.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . authorizes local health departments to issue permits for tanning facilities; and
16 . requires a person younger than 18 to obtain parental consent before using a tanning
17 facility.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 26-15-2, as enacted by Chapter 126, Laws of Utah 1981
25 ENACTS:
26 26-15-13, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 26-15-2 is amended to read:

30 26-15-2. Minimum rules of sanitation established by department.
31 The department shall establish and enforce, or provide for the enforcement of minimum
32 rules of sanitation necessary to protect the public health. Such rules shall include, but not be
33 limited to, rules necessary for the design, construction, operation, maintenance, or expansion
34 of:
35 (1) restaurants and all places where food or drink is handled, sold or served to the
36 public;
37 (2) public swimming pools;
38 (3) public baths including saunas, spas, massage parlors, and suntan parlors;
39 (4) public bathing beaches;
40 (5) schools which are publicly or privately owned or operated;
41 (6) recreational resorts, camps, and vehicle parks;
42 (7) amusement parks and all other centers and places used for public gatherings;
43 (8) mobile home parks and highway rest stops;
44 (9) construction or labor camps;
45 (10) jails, prisons and other places of incarceration or confinement;
46 (11) hotels and motels;
47 (12) lodging houses and boarding houses;
48 (13) service stations;
49 (14) barbershops and beauty shops;
50 (15) physician and dentist offices;
51 (16) public buildings and grounds; [and]
52 (17) public conveyances and terminals[.]; and
53 (18) commercial tanning facilities.
54 Section 2. Section 26-15-13 is enacted to read:
55 26-15-13. Regulation of tanning facilities.
56 (1) For purposes of this section:
57 (a) "Phototherapy device" means equipment that emits ultraviolet radiation used by a

58 health care professional in the treatment of disease.
59 (b) (i) "Tanning device" means any equipment that emits electromagnetic radiation
60 with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin,
61 including:
62 (A) a sunlamp; and
63 (B) a tanning booth or bed.
64 (ii) "Tanning device" does not include a phototherapy device.
65 (c) "Tanning facility" means any commercial location, place, area, structure, or
66 business which provides persons access to any tanning device.
67 (2) A tanning facility shall:
68 (a) annually obtain a permit to do business as a tanning facility from the local health
69 department with jurisdiction over the location in which the facility is located; and
70 (b) in accordance with Subsection (3) post a warning sign in a conspicuous location
71 that is readily visible to a person about to use a tanning device.
72 (3) The posted warning and written consent required by Subsections (2) and (5) shall
73 be developed by the department through administrative rules.
74 (4) It is unlawful for any operator of a tanning facility to allow a person younger than
75 18 years old to use a tanning device unless the minor's parent or legal guardian:
76 (a) appears in person at the tanning facility the first time that the minor uses a tanning
77 device, and at least once each 12 month period thereafter in which the minor uses the tanning
78 device; and
79 (b) signs the consent form required in Subsection (5).
80 (5) The written consent required by Subsection (4) shall be signed and dated, and shall
81 include at least:
82 (a) information concerning the health risks associated with the use of a tanning device;
83 (b) if the individual using the tanning device is a minor, a statement that:
84 (i) the parent or legal guardian of the minor has read and understood the warnings
85 given by the tanning facility, and consents to the minor's use of a tanning device;

86 (ii) the parent or legal guardian agrees that the minor will use protective eye wear; and
87 (iii) includes the number of tanning sessions within the 12 month period of time the
88 parent is authorizing for the minor.
89 (6) A violation of this section:
90 (a) is a class C misdemeanor; and
91 (b) may result in the revocation of a permit to do business as a tanning facility.
92 (7) This section supercedes any ordinance enacted by the governing body of a political
93 subdivision that imposes restrictions on access to a tanning device by a person younger than
94 age 18 that is not essentially identical to the provisions of this section.