S.B. 41

1

REGULATION OF TANNING FACILITIES
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patricia W. Jones
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends Utah Health Code provisions regulating tanning facilities.
10 Highlighted Provisions:
11 This bill:
12 . amends definitions;
13 . amends tanning facility permit requirements;
14 . prohibits a tanning facility from allowing use of its tanning device unless the facility
15 meets specified requirements;
16 . amends restrictions on use of a tanning device by a person under 18 years of age by
17 prohibiting a tanning facility from allowing a person under 18 years of age to use a
18 tanning device unless the person has a written order from a physician;
19 . amends tanning facility warning sign requirements;
20 . amends rulemaking authority;
21 . authorizes a local health department to create requirements for obtaining a permit to
22 operate a tanning facility in excess of the minimum requirements specified by the
23 Utah Department of Health;
24 . amends penalties; and
25 . makes technical changes.
26 Money Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 26-15-13, as enacted by Laws of Utah 2007, Chapter 25
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 26-15-13 is amended to read:
36 26-15-13. Regulation of tanning facilities.
37 (1) For purposes of this section:
38 (a) "Phototherapy device" means equipment that emits ultraviolet radiation used by a
39 health care professional in the treatment of disease.
40 (b) (i) "Tanning device" means [any] equipment, to which a tanning facility provides
41 access, that emits electromagnetic radiation with wavelengths in the air between 200 and 400
42 nanometers and is used for tanning of the skin, including:
43 (A) a sunlamp; and
44 (B) a tanning booth or bed.
45 (ii) "Tanning device" does not include a phototherapy device.
46 (c) "Tanning facility" means [any] a commercial location, place, area, structure, or
47 business [which] that provides [persons] access to [any] a tanning device.
48 [(2) A tanning facility shall:]
49 [(a) annually obtain a permit to do business as a tanning facility from the local health
50 department with jurisdiction over the location in which the facility is located; and]
51 [(b) in accordance with Subsection (3) post a warning sign in a conspicuous location
52 that is readily visible to a person about to use a tanning device.]
53 [(3) The posted warning and written consent required by Subsections (2) and (5) shall
54 be developed by the department through administrative rules.]
55 [(4) It is unlawful for any operator of a tanning facility to allow a person younger than
56 18 years old to use a tanning device unless the minor's parent or legal guardian:]
57 [(a) appears in person at the tanning facility the first time that the minor uses a tanning
58 device, and at least once each 12 month period thereafter in which the minor uses the tanning

59 device; and]
60 [(b) signs the consent form required in Subsection (5).]
61 [(5) The written consent required by Subsection (4) shall be signed and dated, and shall
62 include at least:]
63 [(a) information concerning the health risks associated with the use of a tanning
64 device;]
65 [(b) if the individual using the tanning device is a minor, a statement that:]
66 [(i) the parent or legal guardian of the minor has read and understood the warnings
67 given by the tanning facility, and consents to the minor's use of a tanning device;]
68 [(ii) the parent or legal guardian agrees that the minor will use protective eye wear;
69 and]
70 [(iii) includes the number of tanning sessions within the 12 month period of time the
71 parent is authorizing for the minor.]
72 (2) (a) A tanning facility may not operate in this state unless it has obtained a permit to
73 do so from the local health department with jurisdiction over the location at which the tanning
74 facility is located.
75 (b) Unless revoked, the permit is valid for one year.
76 (3) A tanning facility may not allow a person to use a tanning device unless:
77 (a) within the past 12 months the facility has provided the person with written
78 information explaining:
79 (i) the health risks associated with use of the device; and
80 (ii) the importance of using protective eyewear while using the device;
81 (b) the facility provides the person with protective eyewear and instructs the person in
82 the proper use of the eyewear; and
83 (c) (i) the person is 18 years of age or older; or
84 (ii) the person is under 18 years of age and has a written order from a physician, as
85 defined in Section 58-67-102 , to use a tanning device as a medical treatment.
86 (4) A tanning facility shall post in a conspicuous place in the facility a sign notifying
87 potential users of a tanning device:
88 (a) there are health risks associated with use of the device; and
89 (b) the facility may not allow a person under 18 years of age to use a tanning device

90 unless the person has a written order from a physician.
91 (5) (a) The department shall make rules in accordance with Title 63G, Chapter3, Utah
92 Administrative Rulemaking Act, specifying:
93 (i) minimum requirements a tanning facility must satisfy to obtain a permit under
94 Subsection (2)(a);
95 (ii) the written information a tanning facility must provide under Subsection (3)(a);
96 (iii) the instruction in the proper use of eyewear a tanning facility must provide under
97 Subsection (3)(b);
98 (iv) procedures a tanning facility must implement to ensure a person under 18 years of
99 age does not use a tanning device unless the person has a written order from a physician; and
100 (v) the size, placement, and content of the sign a tanning facility must post under
101 Subsection (4).
102 (b) A local health department may create permit requirements in addition to those
103 required under Subsection (5)(a)(i).
104 (c) The sign content required under Subsection (5)(a)(v) may include specific health
105 risks associated with use of a tanning device.
106 (6) (a) A violation of this section:
107 [(a)] (i) is a class C misdemeanor; and
108 [(b)] (ii) may result in the revocation of a permit [to do business as a tanning facility]
109 obtained under Subsection (2)(a).
110 (b) A violation of Subsection (3)(c) shall result in revocation of a permit obtained
111 under Subsection (2)(a).
112 (7) This section supercedes any ordinance enacted by the governing body of a political
113 subdivision that imposes restrictions on access to a tanning device by a person [younger than
114 age 18 that] under 18 years of age and is not essentially identical to the provisions of this
115 section.

Legislative Review Note
as of 1-19-12 7:06 AM

Office of Legislative Research and General Counsel