BILL REQ. #:  H-3582.1 

Read first time 01/17/12.   Referred to Committee on Health Care & Wellness.

     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 complaint about this tanning facility such complaint should be directed to the department of health's office of customer service.

     (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 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 18 RCW.