BILL REQ. #:  S-0824.1 

Read first time 01/31/13.   Referred to Committee on Health Care .

     AN ACT Relating to protecting children under the age of eighteen from the harmful effects of exposure to ultraviolet radiation associated with tanning devices; 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) "Phototherapy device" means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease.
     (2) "Tanning facility" means any location, place, area, structure, or business that provides persons access to any ultraviolet tanning device.
     (3) "Ultraviolet tanning device" means 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.

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   (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. 4   (1) A tanning facility that violates this chapter is liable for a civil penalty not to exceed one thousand dollars per day in addition to any other penalty established by law.
     (2) A first violation of this chapter is a class 1 infraction. Each day a first violation continues constitutes a separate infraction.
     (3) Any violation of this chapter subsequent to a first violation is a misdemeanor under RCW 9A.20.010. Each day a subsequent violation continues constitutes a separate misdemeanor.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act constitute a new chapter in Title 18 RCW.