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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
indoor tanning; restricted use
Purpose
Prohibits tanning facility operators and employees (operator) from allowing individuals under 21 years of age to use a tanning device and establishes recordkeeping and advertising standards.
Background
Currently, 44 states and the District of Columbia regulate the use of indoor tanning for minors, including 19 states and the District of Columbia that prohibit the use of ultraviolet tanning devices by individuals who are under 18 years of age. In Arizona, written consent from a parent or guardian is required prior to a minor using tanning equipment and tanning facility operators must limit exposure time to the manufacturer’s recommendations. Before tanning device use the tanning facility operators must provide protective eyewear to all users, demonstrate the use of physical aids and instruct the user on the location and operation of the emergency shutoff switch. Tanning facilities must maintain a record of each user’s total number of tanning visits and exposure times for three years from the date on record (A.A.C. R9-7-1414). Additionally, tanning facilities must report to the Department of Health Services any injuries related to the use of a tanning device within 10 working days of its occurrence or within 10 working days of the registrant becoming aware of the incident (A.A.C. R9-7-1416).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a person who uses a tanning device at a tanning facility to present a United States, state or tribal government issued photo identification to prove that the person is at least 21 years of age.
2. Prohibits an operator from allowing a person who is under 21 years of age to use a tanning device.
3. Requires a tanning facility to post a sign in a conspicuous location stating that it is unlawful for an operator to allow a person who is under 21 years of age to use any tanning device.
4. Requires an operator to maintain a record of each customer for at least two years after the customers last use of the tanning device and requires the record to include the following information:
a) the name and age of the customer;
b) the date and time of tanning device use;
c) the length of time of tanning device use; and
d) any known injury or illness resulting from tanning device use.
5. Prohibits a tanning facility from advertising or distributing promotional materials which claim that using a tanning device is safe or free from risk or will result in a medical or health benefit.
6. States that an individual is not restricted from using a tanning device for personal use in their private residence.
7. Establishes the act to be known as the “Skin Cancer Preventive Act of 2019.”
8. Defines relevant terms.
9. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2019
MG/AA/gs