SB 419 - Under current law, a parent or guardian of a person under the age of 17 who wishes to use a tanning device in a tanning facility must appear annually in person at the tanning facility to sign a written statement, developed by the Department of Health and Senior Services, acknowledging the warnings given by the facility and consenting to the person's use of a tanning device at the tanning facility. This act repeals such provisions, and makes it unlawful for a person under 18 years of age to use a tanning device of any tanning facility in the state. Physicians who, in the practice of medicine, use or prescribe a phototherapy device with respect to a patient of any age shall be exempt from this act. A person of any age who uses a phototherapy device under the direction of a physician is also exempt.
An owner, lessee, or operator of a tanning facility is required, under this act, to post in such tanning facility a notice developed by the Department that states that it is unlawful for a person under the age of 18 to use a tanning device, that a violation of this act by a tanning facility shall result in a fine, that a violation may be reported to local law enforcement, and the health risks associated with tanning.
The owner, lessee, or operator of a tanning facility is required to ensure that no customer under the age of 18 is permitted to use a tanning device, and must require proof of age in the form of a valid driver's license or other government-issued identification. Such owner, lessee, or operator must also ensure that a trained operator is present at the tanning facility during operating hours, that all customers use protective eyewear, and that each tanning device is equipped with a mechanism that allows the customer to turn off the tanning device.
Under current law, any tanning facility that violates such provisions is subject to a fine of $100 for the first violation, $250 for the second violation, and $500 for each subsequent violation. Under this act, any owner, lessee, or operator who violates a provision of this act shall be subject to a fine of not more than $250 for the first violation, and not more than $500 for each subsequent violation. Any violation may also result in the suspension or revocation or any permit issued for the premises on which the violation occurred.
Every tanning facility is required to obtain a permit from the Department of Insurance, Financial Institutions and Professional Registration. The holder of such permit is required to provide any necessary information and pay any fees associated with such permit, and is required to display the permit in a conspicuous location at the tanning facility. Permits shall expire annually.
This act is identical to HB 518 (2019), HCS/HB 1213 (2019), and HB 1260 (2018).
JOSIE BUTLER