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S.B. 41 Enrolled
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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 restrictions on use of a tanning facility's tanning device by a person under
14 18 years of age;
15 . amends tanning facility warning sign requirements;
16 . amends rulemaking authority;
17 . amends penalties;
18 . amends restriction on local tanning facility ordinances; and
19 . makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 26-15-13, as enacted by Laws of Utah 2007, Chapter 25
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 26-15-13 is amended to read:
30 26-15-13. Regulation of tanning facilities.
31 (1) For purposes of this section:
32 (a) "Minor" means a person under 18 years of age.
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34 by a health care professional in the treatment of disease.
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36 provides access that emits electromagnetic radiation with wavelengths in the air between 200
37 and 400 nanometers used for tanning of the skin, including:
38 (A) a sunlamp; and
39 (B) a tanning booth or bed.
40 (ii) "Tanning device" does not include a phototherapy device.
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42 business [
43 (2) A tanning facility shall:
44 (a) annually obtain a permit to do business as a tanning facility from the local health
45 department with jurisdiction over the location in which the facility is located; and
46 (b) in accordance with Subsection (3) post a warning sign in a conspicuous location
47 that is readily visible to a person about to use a tanning device.
48 (3) The posted warning and written consent required by Subsections (2) and (5) shall
49 be developed by the department through administrative rules[
50 (a) that there are health risks associated with the use of a tanning device;
51 (b) that the facility may not allow a minor to use a tanning device unless the minor:
52 (i) has a written order from a physician; or
53 (ii) at each time of use is accompanied at the tanning facility by a parent or legal
54 guardian who provides written consent authorizing the minor to use the tanning device.
55 (4) It is unlawful for any operator of a tanning facility to allow a [
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57 (a) the minor has a written order from a physician as defined in Section 58-67-102 , to
58 use a tanning device as a medical treatment; or
59 (b) (i) the minor's parent or legal guardian[
60 facility [
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62 parent or legal guardian is not required to remain at the facility for the duration of the use; and
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64 Subsection (5).
65 (5) The written consent required by Subsection (4) shall be signed and dated each time
66 the minor uses a tanning device at the facility, and shall include at least:
67 (a) information concerning the health risks associated with the use of a tanning device;
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70 (i) the parent or legal guardian of the minor has read and understood the warnings
71 given by the tanning facility, and consents to the minor's use of a tanning device; and
72 (ii) the parent or legal guardian agrees that the minor will use protective eye wear[
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76 (6) The department shall adopt administrative rules in accordance with Title 63G,
77 Chapter 3, Utah Administrative Rulemaking Act, specifying:
78 (a) minimum requirements a tanning facility shall satisfy to obtain a permit under
79 Subsection (2);
80 (b) the written information concerning health risks a facility should include in the
81 posted signs required by Subsection (3) and in the consent form required by Subsection (5);
82 (c) procedures a tanning facility shall implement to ensure a minor and the minor's
83 parent or legal guardian comply with Subsections (4) and (5), including use of a statewide
84 uniform form:
85 (i) for a parent or legal guardian to certify and give consent under Subsection (5); and
86 (ii) that clearly identifies the department's seal or other means to indicate that the form
87 is an official form of the department; and
88 (d) the size, placement, and content of the sign a tanning facility must post under
89 Subsection (2).
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93 (b) If a person misrepresents to a tanning facility that the person is 18 years of age or
94 older, the person is guilty of a class C misdemeanor.
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96 political subdivision that:
97 (a) imposes restrictions on access to a tanning device by a person younger than age 18
98 that is not essentially identical to the provisions of this section[
99 (b) that require the posting of warning signs at the tanning facility that are not
100 essentially identical to the provisions of this section.
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