BILL REQ. #:  S-3479.2 

Read first time 01/20/10.   Referred to Committee on Labor, Commerce & Consumer Protection.

     AN ACT Relating to tanning facilities; adding a new chapter to Title 19 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Approved eyewear" means eye protection approved for use by the United States food and drug administration under 21 C.F.R. Sec. 1040.20.
     (2) "Department" means the department of health.
     (3) "Phototherapy device" means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease.
     (4) "Tanning device" means any equipment that emits electromagnetic radiation with wavelengths in the air between two hundred and four hundred nanometers used for tanning of the skin, including, but not limited to, a sunlamp, tanning booth, or tanning bed. Tanning device does not include a phototherapy device.
     (5) "Tanning facility" means any commercial location, place, area, structure, or business that provides a person access to a tanning device.

NEW SECTION.  Sec. 2   (1) A tanning facility must:
     (a) Annually obtain a permit to do business as a tanning facility from the local health department with jurisdiction over the location in which the tanning facility is located;
     (b) Post a written health notice in a conspicuous location that is readily visible to a person intending to use a tanning device; and
     (c) Comply with the minor consent requirements established in subsection (2) of this section.
     (2)(a) It is unlawful for an operator or employee of a tanning facility to allow a minor under age fourteen to use a tanning device unless the minor or the minor's parent or guardian presents a written prescription for receiving ultraviolet radiation treatment from a physician licensed under chapter 18.57 or 18.71 RCW.
     (b) It is unlawful for an operator or employee of a tanning facility to allow a minor over age fourteen but under age eighteen to use a tanning device unless the minor's parent or legal guardian:
     (i) Appears in person at the tanning facility the first time that the minor uses a tanning device; and
     (ii) Signs a written consent form.
     (c) The written consent required by (b) of this subsection must be signed and dated and must include at least:
     (i) Information concerning the health risks associated with the use of a tanning device; and
     (ii) A statement that:
     (A) The parent or legal guardian of the minor has read and understood the warnings given by the tanning facility and consents to the minor's use of a tanning device;
     (B) The minor's parent or legal guardian agrees that the minor must use approved eyewear; and
     (C) The parent or legal guardian of the minor may revoke the written consent to the minor's use of a tanning device at any time after the consent form has been signed.
     (3) The department must adopt by rule standards for: (a) The health notice required by subsection (1)(b) of this section; and (b) the written consent form required by subsection (2)(b)(ii) of this section.
     (4) A violation of this section is a class 1 civil infraction, and may also result in the revocation of a permit to do business as a tanning facility.

NEW SECTION.  Sec. 3   This act takes effect July 1, 2011.

NEW SECTION.  Sec. 4   Sections 1 and 2 of this act constitute a new chapter in Title 19 RCW.