BILL REQ. #: S-4197.1
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to tanning facilities; adding a new chapter to Title 18 RCW; and prescribing penalties.
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) "Department" means the department of health.
(2) "Phototherapy device" means equipment that emits ultraviolet
radiation used by a health care professional in the treatment of
disease.
(3) "Tanning device" means an ultraviolet tanning device and any
accompanying equipment including, but not limited to, protective
eyewear, timers, and handrails.
(4) "Tanning facility" means any location, place, area, structure,
or business that provides persons access to any tanning device.
(5) "Ultraviolet tanning device" means equipment that emits
electromagnetic radiation with wavelengths in the air between 200 and
400 nanometers used for tanning of the skin including, but not limited
to, a sunlamp, tanning booth, or tanning bed.
NEW SECTION. Sec. 2 This chapter does not apply to a
phototherapy device used by or under the direct supervision of a
licensed physician who is trained in the use of phototherapy devices.
NEW SECTION. Sec. 3 Any tanning device used by a tanning
facility shall comply with all applicable federal laws and regulations.
NEW SECTION. Sec. 4 (1) A tanning facility shall conspicuously
post a warning sign in any area where an ultraviolet tanning device is
used that is readily visible to a person using an ultraviolet tanning
device. The sign must read as follows:
DANGER: ULTRAVIOLET RADIATION
1. Follow instructions.
2. Avoid too frequent or too lengthy exposure. As with natural
sunlight, exposure can cause eye and skin injury and allergic
reactions. Repeated exposure may cause skin cancer and chronic sun
damage characterized by wrinkling, dryness, fragility, and bruising of
the skin.
3. Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR
LONG-TERM INJURY TO THE EYES.
4. Ultraviolet radiation from sunlamps will aggravate the effects
of the sun. Therefore, do not sunbathe before or after exposure to
ultraviolet radiation.
5. Medications or cosmetics may increase your sensitivity to
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. Pregnant women or women on
birth control pills who use this product may develop discolored skin.
IF YOU ARE UNABLE TO ACHIEVE A TAN IN THE SUN YOU WILL NOT TAN FROM
USE OF THIS DEVICE.
6. If you have a health or safety complaint about this tanning
facility, or to report use of the tanning facility by persons under
eighteen years of age, such complaint should be directed to the
Washington state department of health's web site at
http://www.doh.wa.gov.
(2) A tanning facility may include in the warning sign described in
subsection (1) of this section the following statement: "Spray on tans
and other sunless tanning products are not subject to the same effects
as ultraviolet tanning devices."
(3) A tanning facility may not claim, or distribute promotional
materials that claim, using an ultraviolet tanning device is safe or
free from risk or that indoor tanning has any known health benefits.
(4) The liability of a tanning facility operator or a manufacturer
of an ultraviolet tanning device is not changed by posting the warning
under this section.
NEW SECTION. Sec. 5 (1) Persons under eighteen years of age are
prohibited from using an ultraviolet tanning device.
(2) Proof of age must be satisfied with a driver's license or other
government-issued identification containing the date of birth and a
photograph of the individual.
NEW SECTION. Sec. 6 (1) A tanning facility shall forward all
customer health and safety complaints to the department. The tanning
facility shall submit the complaint within five days after the date the
complaint was received.
(2) The department must create and submit a complaint report to the
legislature annually, beginning December 1, 2013.
NEW SECTION. Sec. 7 (1) A first violation of this chapter is a
class 1 infraction. Each day a first violation continues constitutes
a separate infraction.
(2) Any violation of this chapter subsequent to a first violation
is a misdemeanor under RCW 9A.20.021. Each day a subsequent violation
continues constitutes a separate misdemeanor.
(3) A tanning facility that has violated this chapter is liable for
a civil penalty not to exceed two thousand five hundred dollars per day
in addition to any other penalty established by law.
NEW SECTION. Sec. 8 Sections 1 through 7 of this act constitute
a new chapter in Title