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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
indoor tanning; regulation
Purpose
Prohibits a person who is under 18 years of age from using a tanning device and establishes tanning facility operator responsibilities, permitting requirements and penalties for noncompliance.
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 (DHS) 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
Prohibitions and Exceptions
1. Prohibits a person who is under 18 years of age from using any tanning device in any tanning facility in Arizona.
2. Allows proof of age to be satisfied only with a driver license or other government-issued identification containing the individual’s date of birth and photograph.
3. Specifies that tanning facilities regulation does not:
a) apply to a physician who, in the physician's practice of medicine, uses or prescribes to be used a phototherapy device for a patient of any age; or
b) preempt a local ordinance that provides a more restrictive regulation of tanning facilities.
Operator Duties
4. Requires an owner, lessee, operator or permit holder of a tanning facility (operator) to post in each tanning facility owned or leased in Arizona a notice (notice) developed by the Director of DHS (Director) stating all of the following:
a) it is unlawful for an operator to allow a person under 18 years of age to use any tanning device;
b) an operator that violates tanning facilities regulation is subject to a civil penalty;
c) an individual may report a violation to a local law enforcement agency; and
d) the health risks associated with tanning, including skin cancer, premature aging of skin, burns to the skin and adverse reactions to certain medications, food and cosmetics.
5. Requires the operator to give each customer a written statement developed by the Director which must be signed by the customer before initial use and each year thereafter. The statement must contain the following:
a) a written warning statement containing information from the notice;
b) an acknowledgement signed by the customer indicating that the person understands the notices and warnings; and
c) an agreement that the customer will use protective eyewear.
6. Requires the operator to ensure that all of the following requirements are met:
a) customers under 18 years of age do not use the tanning facility;
b) during operating hours the tanning facility has a trained operator present who is able to inform customers about and assist customers with the proper use of tanning devices;
c) tanning devices are properly sanitized after each use;
d) before using a tanning device, customers are provided at no cost with properly sanitized and securely fitting protective eyewear that protects the wearer's eyes from ultraviolet radiation and allows enough vision to maintain balance;
e) customers do not use a tanning device unless the customer uses protective eyewear;
f) customers are shown how to use handrails and markings on the floor to maintain a proper exposure distance from the tanning device as recommended by the manufacturer;
g) a timing device is used and is remotely located so that customers cannot set their own exposure time;
h) tanning devices are equipped with a mechanism that allows the customer to turn the tanning device off;
i) customers are limited to the maximum exposure time recommended by the manufacturer for the customer’s skin type;
j) customers do not use a tanning device more than once in a 24-hour period;
k) the interior temperature of the tanning facility does not exceed 100 degrees Fahrenheit; and
l) if a customer requires medical attention due to using a tanning facility, the owner of that tanning facility reports that injury to DHS in writing and sends a copy of that report to the injured person.
7. Requires the operator to maintain the following customer records:
a) copies of all signed consent forms;
b) each customer’s total number of tanning visits, dates and duration of tanning exposures; and
c) any injury reports for three years after exposure.
8. Prohibits a person from using a tanning device of a tanning facility unless the person:
a) signs a statement immediately before the customer’s first use of a tanning facility in a year acknowledging that the person has read and understands the notice and warning sign and agrees to use protective eyewear; and
b) uses protective eyewear at all times while using a tanning device.
Permits
9. Prohibits a person from operating a tanning facility in Arizona without a permit issued by DHS.
10. Requires the operator to display their DHS-issued permit in a conspicuous place at the tanning facility for which the permit is issued.
11. Establishes annual expirations for tanning facility permits issued by DHS.
12. Allows DHS to charge a permitting fee as determined by the Director.
Violations
13. Allows DHS to impose a civil penalty of not more than $100 for the first violation and not more than $300 for any subsequent tanning facilities regulation violations.
14. Allows DHS to suspend or revoke a person’s permit for ongoing violations.
Miscellaneous
15. Allows DHS to adopt rules.
16. Defines relevant terms.
17. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2019
MG/AA/gs