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REFERENCE TITLE: indoor tanning; regulation |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1402 |
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Introduced by Senator Carter
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AN ACT
Amending Title 36, chapter 6, Arizona Revised Statutes, by adding article 15; relating to public health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 15, to read:
ARTICLE 15. TANNING FACILITIES
36-799. Definitions
In this article, unless the context otherwise requires:
1. "Department" means the department of health services.
2. "Director" means the director of the department.
3. "Operator" means a person who is designated by the tanning facility owner or tanning device lessee to operate or to assist and instruct in operating and using the tanning facility or tanning device.
4. "Phototherapy device" means equipment that emits ultraviolet radiation and is used in diagnosing or treating disease or injury.
5. "Tanning device":
(a) Means equipment that emits electromagnetic radiation having wavelengths in the air between two hundred and four hundred nanometers and that is used for tanning of human skin and any equipment used with that equipment, including protective eyewear, timers and handrails.
(b) Does not include a phototherapy device that is used, or prescribed for use, by a physician.
6. "Tanning facility" means any location, place, area, structure or business that provides persons access to any tanning device, including tanning salons, health clubs, apartments and condominiums, regardless of whether a fee is charged for access to the tanning equipment.
36-799.01. Prohibition; applicability of article
A. It is unlawful for a person who is under eighteen years of age to use any tanning device in any tanning facility in this state.
B. This article does not:
1. 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.
2. Preempt a local ordinance that provides a more restrictive regulation of tanning facilities than is required by this article.
36-799.02. Notice; customer acknowledgment required
A. An owner, lessee, operator or permit holder of a tanning facility shall post in a conspicuous place in each tanning facility owned or leased by that person in this state a notice developed by the director stating all of the following:
1. That it is unlawful for a tanning facility owner, lessee, operator or permit holder to allow a person under eighteen years of age to use any tanning device.
2. That a tanning facility owner, lessee, operator or permit holder that violates this article is subject to a civil penalty.
3. That an individual may report a violation of this section to a local law enforcement agency.
4. The health risks associated with tanning, including skin cancer, premature aging of skin, burns to the skin and adverse reactions to certain medications, foods and cosmetics.
B. The owner, lessee, operator or permit holder of a tanning facility shall give to each customer a written statement developed by the director that must be signed by the customer before initially using a tanning device and each year thereafter and that contains all of the following:
1. A written warning statement containing the same information prescribed in subsection A of this section.
2. An acknowledgment signed by the customer indicating that the person understands the notices and warnings prescribed in subsection A of this section.
3. An agreement that the customer will use protective eyewear.
36-799.03. Duties of owners, lessees, operators and permit holders; duties of users
A. The owner, lessee, operator or permit holder of a tanning facility shall ensure that all of the following requirements are met:
1. Customers who are under eighteen years of age do not use the tanning facility. Proof of age may be satisfied only with a driver license or other government-issued identification containing the individual's date of birth and photograph.
2. 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.
3. Each tanning device is properly sanitized after each use.
4. Each customer, before using a tanning device, is 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.
5. Customers do not use a tanning device unless the customer uses protective eyewear.
6. Each customer is shown how to use physical aids such as handrails and markings on the floor to maintain a proper exposure distance from the tanning device as recommended by the manufacturer.
7. A timing device that is accurate within ten percent of any selected timer interval is used and is remotely located so that customers cannot set their own exposure time.
8. Each tanning device is equipped with a mechanism that allows the customer to turn the tanning device off.
9. Each customer is limited to the maximum exposure time recommended by the manufacturer for the customer's skin type.
10. Customers do not use a tanning device more than once in a twenty‑four‑hour period.
11. The interior temperature of the tanning facility does not exceed one hundred degrees Fahrenheit.
12. If a customer requires medical attention due to using a tanning device, the owner of that tanning facility reports that injury to the department in writing and sends a copy of that report to the injured person.
13. The following records are maintained:
(a) Copies of all consent forms signed by customers.
(b) Each customer's total number of tanning visits at the facility and the dates and durations of tanning exposures.
(c) Any injury reports for a period of three years after exposure for each customer.
B. A person may not use a tanning device at a tanning facility unless the person does both of the following:
1. Immediately before the customer first uses a tanning device at a tanning facility in a year, signs a statement acknowledging that the person has read and understands the notice and the warning sign required under this article and specifying that the customer agrees to use protective eyewear.
2. Uses protective eyewear at all times while using a tanning device.
36-799.04. Permit required; fee
A. A person may not operate a tanning facility in this state without a permit issued by the department. The permit holder shall display the permit in a conspicuous place at the tanning facility for which the permit is issued. Permits issued under this subsection expire annually.
B. The department may charge a permitting fee as determined by the director.
36-799.05. Violations; civil penalties; suspension or revocation of permit
A. The department may impose a civil penalty of not more than $100 for the first violation and not more than $300 for any subsequent violation of this article on a tanning facility owner, lessee, operator or permit holder that violates this article or any rule adopted under this article.
B. The department may suspend or revoke a person's permit issued pursuant to this article for ongoing violations of this article.
36-799.06. Rulemaking
The department may adopt rules necessary to enforce this article.