Representative Brad M. Daw proposes the following substitute bill:


1     
TANNING FOR MINORS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad M. Daw

5     
Senate Sponsor: Allen M. Christensen

6     

7     LONG TITLE
8     General Description:
9          This bill amends the regulation of tanning facilities.
10     Highlighted Provisions:
11          This bill:
12          ▸     removes the provision that allows a minor to tan with a parent's consent; and
13          ▸     directs the department to post warning signs that are consistent with the terms in
14     this bill.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          26-15-13, as last amended by Laws of Utah 2016, Chapter 303
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 26-15-13 is amended to read:
25          26-15-13. Regulation of tanning facilities.
26          (1) For purposes of this section:
27          (a) "Minor" means a person under 18 years of age.
28          (b) "Phototherapy device" means equipment that emits ultraviolet radiation used by a
29     health care professional in the treatment of disease.
30          (c) (i) "Tanning device" means equipment to which a tanning facility provides access
31     that emits electromagnetic radiation with wavelengths in the air between 200 and 400
32     nanometers used for tanning of the skin, including:
33          (A) a sunlamp; and
34          (B) a tanning booth or bed.
35          (ii) "Tanning device" does not include a phototherapy device.
36          (d) "Tanning facility" means a commercial location, place, area, structure, or business
37     that provides access to a tanning device.
38          (2) A tanning facility shall:
39          (a) annually obtain a permit to do business as a tanning facility from the local health
40     department with jurisdiction over the location in which the facility is located; and
41          (b) in accordance with Subsection (3) post a warning sign in a conspicuous location
42     that is readily visible to a person about to use a tanning device.
43          (3) The posted warning and written consent required by [Subsections (2) and (5)]
44     Subsection (2) shall be developed by the department through administrative rules and shall
45     include:
46          (a) that there are health risks associated with the use of a tanning device; and
47          (b) that the facility may not allow a minor to use a tanning device unless the minor[:
48     (i)] has a written order from a physician[; or].
49          [(ii) at each time of use is accompanied at the tanning facility by a parent or legal
50     guardian who provides written consent authorizing the minor to use the tanning device.]
51          (4) It is unlawful for any operator of a tanning facility to allow a minor to use a tanning
52     device unless[: (a)] the minor has a written order from a physician as defined in Section
53     58-67-102, to use a tanning device as a medical treatment[; or].
54          [(b) (i) the minor's parent or legal guardian appears in person at the tanning facility
55     each time that the minor uses a tanning device, except that the minor's parent or legal guardian
56     is not required to remain at the facility for the duration of the use; and]
57          [(ii) the minor's parent or legal guardian signs the consent form required in Subsection
58     (5).]
59          [(5) The written consent required by Subsection (4) shall be signed and dated each time
60     the minor uses a tanning device at the facility, and shall include at least:]
61          [(a) information concerning the health risks associated with the use of a tanning device;
62     and]
63          [(b) a statement that:]
64          [(i) the parent or legal guardian of the minor has read and understood the warnings
65     given by the tanning facility, and consents to the minor's use of a tanning device; and]
66          [(ii) the parent or legal guardian agrees that the minor will use protective eye wear.]
67          [(6)] (5) The department shall adopt administrative rules in accordance with Title 63G,
68     Chapter 3, Utah Administrative Rulemaking Act, specifying:
69          (a) minimum requirements a tanning facility shall satisfy to obtain a permit under
70     Subsection (2);
71          (b) the written information concerning health risks a facility should include in the
72     posted signs required by Subsection (3) [and in the consent form required by Subsection (5)];
73          (c) procedures a tanning facility shall implement to ensure [a minor and the minor's
74     parent or legal guardian comply] compliance with [Subsections (4) and (5), including use of a
75     statewide uniform form:] Subsection (4); and
76          [(i) for a parent or legal guardian to certify and give consent under Subsection (5); and]
77          [(ii) that clearly identifies the department's seal or other means to indicate that the form
78     is an official form of the department; and]
79          (d) the size, placement, and content of the sign a tanning facility must post under
80     Subsection (2).
81          [(7)] (6) (a) A violation of this section:
82          (i) is an infraction; and
83          (ii) may result in the revocation of a permit to do business as a tanning facility.
84          (b) If a person misrepresents to a tanning facility that the person is 18 years of age or
85     older, the person is guilty of an infraction.
86          [(8)] (7) This section supercedes any ordinance enacted by the governing body of a
87     political subdivision that:
88          (a) imposes restrictions on access to a tanning device by a person younger than age 18
89     that is not essentially identical to the provisions of this section; or
90          (b) that require the posting of warning signs at the tanning facility that are not
91     essentially identical to the provisions of this section.