BILL REQ. #: H-0428.2
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/19/11. Referred to Committee on Health Care & Wellness.
AN ACT Relating to the regulation of tanning facilities; adding a new chapter to Title 18 RCW; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that, unlike thirty-nine states that have enacted legislation to regulate the indoor
tanning industry, the state of Washington has no regulations or age
restrictions for the use of ultraviolet tanning beds, even though
strong evidence exists that their use causes skin cancer. Those who
use ultraviolet tanning beds before the age of thirty-five have a
seventy-five percent increased risk of developing melanoma, a life-threatening form of skin cancer. As the state of Washington has the
fifth highest rate of melanoma in the nation, there is a compelling
need in our state to protect our citizens, particularly the youth, from
the dangers of indoor tanning. It is therefore the intent of the
legislature to reduce the incidence of skin cancer in the state of
Washington by restricting access by minors to indoor tanning facilities
and by implementing safety, training, and licensure requirements for
these facilities.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of health.
(2) "Fitzpatrick scale" means a scale for classifying skin type,
based on the skin's reaction to the first ten to forty-five minutes of
sun exposure after the winter season as follows:
(a) Skin type 1: Always burns easily, never tans;
(b) Skin type 2: Always burns easily, tans minimally;
(c) Skin type 3: Burns moderately, tans gradually;
(d) Skin type 4: Burns minimally, always tans well;
(e) Skin type 5: Rarely burns, tans profusely;
(f) Skin type 6: Never burns, deeply pigmented.
(3) "Licensee" means a person licensed under this chapter.
(4) "Operator" means an individual designated by a licensee to
control the operation of a tanning facility and to instruct and assist
the customer in the proper operation of tanning equipment or devices.
(5) "Person" means any individual, partnership, corporation, joint
stock association, joint venture, or any other entity authorized to do
business in this state.
(6) "Tanning device" or "tanning equipment" means equipment that
emits radiation with wavelengths in the air between two hundred and
four hundred nanometers used for tanning of the skin. "Tanning device"
or "tanning equipment" includes any accompanying equipment, such as
protective eyewear, timers, and handrails. "Tanning device" or
"tanning equipment" does not include any of the following:
(a) Devices exempt under section 12 of this act;
(b) Devices for personal use in a private residence; or
(c) Devices intended for purposes other than the irradiation of
human skin.
(7) "Tanning facility" means any place where a tanning device is
used for a fee, membership dues, or any other compensation.
(8) "Ultraviolet radiation" means electromagnetic radiation with
wavelengths between two hundred and four hundred nanometers.
NEW SECTION. Sec. 3 (1) No person may establish, maintain,
operate, or hold himself or herself out as being authorized to
establish, maintain, or operate a tanning facility without first having
obtained a license under this chapter.
(2) A person seeking licensure under this chapter shall submit an
application to the department on a form prescribed by the department.
The application must contain the following information:
(a) The name, address, and telephone number of the tanning facility
and owner;
(b) The manufacturer, model number, and type of each ultraviolet
lamp or tanning device used in the tanning facility;
(c) A signed and dated certification that the applicant has read
and understands the requirements of this chapter;
(d) A copy of the operating and safety procedures of the tanning
facility; and
(e) Any additional information required by the department.
(3) The department shall issue a license to an applicant upon
determination that the applicant meets the requirements of this
chapter.
(4) Each applicant shall pay a fee in an amount set by the
department by rule. The fee shall be no greater than five hundred
dollars per salon and one hundred dollars per additional bed over ten.
In no case may the fee exceed the amount necessary to defray the costs
of administering this chapter, including the public awareness campaign
required under section 11(2) of this act.
(5) A licensee shall post its license in a location clearly visible
to its customers.
(6) A license shall expire annually on the date specified on the
license. The department shall establish the administrative procedures,
administrative requirements, and fees for license renewals. In no case
may the renewal fees exceed the amounts specified in subsection (4) of
this section.
(7) Licenses issued under this chapter are not transferable from
one person or one tanning facility to another.
NEW SECTION. Sec. 4 (1) The department may deny, suspend, or
revoke a license for any of the following reasons:
(a) Submission of false statements in applications, reports, plans,
or specifications;
(b) Operation of a tanning facility in a manner that threatens
public health or safety;
(c) Failure to allow the department to have access to the tanning
facility at reasonable hours for inspection or investigation;
(d) Failure to pay fees for licensure or renewal; and
(e) Any other violations of this chapter.
(2) Except for cases involving the public health, safety, or
welfare, the department shall, prior to taking action to suspend or
revoke the licensee's license, provide written notice to the licensee
of the facts or conduct that may warrant suspension or revocation and
shall provide the licensee with an opportunity to demonstrate or
achieve compliance. In cases involving the public health, safety, or
welfare, the department shall take immediate action to revoke or
suspend the licensee's license.
(3) The denial, suspension, or revocation of a license under this
section is governed by RCW 43.70.115.
(4) In addition to the denial, suspension, or revocation of a
license, the department may, pursuant to chapter 34.05 RCW:
(a) Assess civil penalties not to exceed five thousand dollars per
violation; or
(b) Require a corrective action plan, subject to approval or
modification by the department, including a reasonable time schedule
for completion.
NEW SECTION. Sec. 5 (1) A tanning facility shall allow the
department to have access to the facility at reasonable times for
purposes of inspection and accessing records required under this
chapter.
(2) When conducting an inspection under this section, the
department may examine and review all of the following:
(a) The construction and operation of the tanning facility;
(b) Any required records and training documentation;
(c) Operator understanding and competency; and
(d) Any other areas pertaining to the requirements of this chapter
as the department deems appropriate.
NEW SECTION. Sec. 6 An operator or employee of a tanning
facility may not allow a person under the age of eighteen to use a
tanning device of the facility unless the person presents a written
prescription for receiving ultraviolet radiation treatments from a
physician licensed under chapter 18.57 or 18.71 RCW.
NEW SECTION. Sec. 7 (1) A tanning facility shall post a warning
sign in a place readily visible to persons entering the establishment.
The sign must have dimensions not less than eleven inches by seventeen
inches. The sign must include the words, "DANGER--ULTRAVIOLET
RADIATION" in letters at least one-half inch high. The sign must also
include the following provisions in letters at least one-quarter inch
high:
"Follow the manufacturer's instructions for use of this device.
Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure to ultraviolet radiation may cause chronic sun damage characterized by wrinkling, dryness, fragility, bruising of the skin, and skin cancer.
Do not sunbathe before or after exposure to ultraviolet radiation from sunlamps.
Wear protective eyewear. Failure to use protective eyewear may result in severe burns or permanent injury to the eyes.
Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using a sunlamp if you are using medications, have a history of skin problems, or believe you are especially sensitive to sunlight. Women who are pregnant or are taking oral contraceptives who use this product may develop discolored skin.
A customer may contact the department of health to report an alleged injury regarding this tanning facility."
"Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes.
Overexposure to ultraviolet light causes burns.
Repeated exposure to ultraviolet light may result in premature aging of the skin and skin cancer.
Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain:
Food;
Cosmetics; or
Medications, including:
Tranquilizers;
Diuretics;
Antibiotics;
High blood pressure medications; or
Birth control pills.
Any person taking a prescription or over-the-counter drug should consult a physician prior to using a tanning device.
A person with skin that always burns easily and never tans should avoid a tanning device.
A person with a personal or family medical history of skin cancer should avoid a tanning device."
NEW SECTION. Sec. 8 A tanning facility shall provide an oral or
written report to the department of any tanning injury by the end of
the next working day after either the date the injury occurred or the
date the tanning facility became aware of the injury. The report must
include the name of the affected customer, the name and location of the
tanning facility, the nature of the injury, the name and address of the
health care provider, if applicable, and any other relevant
information. The department shall send reports of all injuries to the
United States food and drug administration.
NEW SECTION. Sec. 9 (1) All tanning equipment in a tanning
facility must have a control that enables the user to manually
terminate radiation without pulling the electrical plug or coming in
contact with the ultraviolet lamp.
(2) A tanning facility shall replace tanning equipment bulbs at
intervals required by the manufacturer. The bulbs must be replaced
with the type of bulb intended for use in the equipment or with lamps
or filters considered equivalent under applicable United States food
and drug administration regulations at the time of the equipment's
manufacture. The facility must maintain records of bulb replacement
that are accessible to customers. The facility shall also post dates
of bulb replacement on every tanning device in a manner visible to
customers. The requirements of this subsection also apply to defective
or burned-out lamps or filters.
(3) A tanning facility shall cleanse contact surfaces of tanning
equipment between uses. After each cleansing, a visible sign must be
placed on the bed or booth indicating that it has been properly
cleansed. The facility shall also properly sanitize bathrooms and
dressing rooms and shall provide customers with clean towels and
washcloths. The department shall adopt rules related to the sanitation
standards to be met in each tanning facility. The standards must meet
the minimum standards for salons/shops under chapter 18.16 RCW.
NEW SECTION. Sec. 10 (1) A trained operator must be present when
tanning equipment is operated in a tanning facility. The operator must
be within hearing distance of the equipment to allow the customer to
easily summon help if necessary or the customer must have access to an
intercom or buzzer for the operator and the operator must be able to
reach the customer in thirty seconds or less.
(2) An operator shall instruct each customer in all of the
following:
(a) The proper position to maintain relative to the equipment;
(b) The position of the safety railing, if applicable;
(c) The operation of the control to manually terminate radiation;
(d) The maximum time of exposure.
(3) An operator must be able to recognize the skin type of the
customer based on the Fitzpatrick scale and advise the customer
accordingly with regard to maximum time of exposure.
(4) An operator shall limit a customer's tanning session duration
and frequency to the maximums recommended by the manufacturer.
NEW SECTION. Sec. 11 (1) A tanning facility may not advertise or
distribute promotional materials that claim that using a tanning device
is safe or free from risk or that the use of a tanning device will
result in medical or health benefits.
(2) The department shall conduct a public awareness campaign on the
dangers of indoor tanning.
NEW SECTION. Sec. 12 Phototherapy or ultraviolet radiation
devices providing therapeutic benefits to patients receiving medically
supervised treatment for medical conditions from a health care
professional regulated under chapter 18.130 RCW acting within the scope
of his or her profession are exempt from the provisions of this
chapter.
NEW SECTION. Sec. 13 In addition to the civil penalties for
violating this chapter in section 3 of this act, a person who operates
or uses a tanning device in violation of this chapter is guilty of a
misdemeanor.
NEW SECTION. Sec. 14 By January 1, 2012, the department shall
adopt by rule a sample warning sign that meets the requirements of
section 7(1) of this act and model operating and safety procedures for
tanning facilities. The department shall post the sign and procedures
on its web site in a form that is easily downloaded and printed.
NEW SECTION. Sec. 15 The department may by rule modify, as
necessary, the prescribed form and content for the tanning facility
records required by this chapter.
NEW SECTION. Sec. 16 The department shall adopt rules necessary
to implement this chapter.
NEW SECTION. Sec. 17 Sections 1 through 16 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 18 Sections 1 through 13, 15, and 16 of this
act take effect January 1, 2012.