HOUSE OF REPRESENTATIVES

H.B. NO.

1783

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to tanning.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that many physicians and scientists now warn that the health risks associated with suntanning are greater when tanning with artificial ultraviolet light. Specifically, those health risks include but are not limited to sunburn, premature aging, skin cancer, retinal damage, formation of cataracts, suppression of the immune system, and damage to the vascular system. The legislature further finds that certain medications, cosmetics, and foods are "photosensitizing," which means that in some people they react unfavorably with ultraviolet light to produce skin rashes or burns. Sunlamps and other artificial sources of ultraviolet light are known to intensify these effects.

The legislature also finds that state law is necessary to protect and promote the public health, safety, and welfare concerning tanning with artificial ultraviolet light, especially where minors are concerned.

The purpose of this Act is to:

(1) Make it unlawful for tanning facilities and operators in the State to allow use of tanning equipment by anyone under the age of eighteen; and

(2) Require all tanning facilities and operators in the State to provide written notice, post warning signs, and meet certain requirements relating to the safe operation of tanning equipment.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"321-   Tanning facilities; minors; notice; requirements; penalties. (a) This section shall apply to any tanning facility in Hawaii; provided that it shall not apply to any physician duly licensed to practice medicine who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emit ultraviolet radiation or to any person who owns tanning equipment exclusively for personal, noncommercial use.

(b) It shall be unlawful for a tanning facility or operator to allow any person who has not yet reached the age of eighteen to use any tanning equipment.

(c) Each tanning facility in the State shall provide each of its customers written notice before initial use of any tanning equipment and at the beginning of each succeeding calendar year. The form of the written notice shall be substantially as follows:

(1) Failure to wear eye protection provided by the tanning facility may damage the customer's eyes and cause cataracts;

(2) Overexposure to tanning equipment may cause burns to the skin;

(3) Repeated exposure to tanning equipment may cause premature aging of the skin and skin cancer;

(4) Abnormal skin sensitivity or burning of the skin while using tanning equipment may be caused by certain foods; certain cosmetics; or certain medications including but not limited to tranquilizers, diuretics, antibiotics, high blood pressure medicines, and birth control pills; and

(5) Any person who takes a drug should consult a physician before using tanning equipment.

(d) Each tanning facility in the State shall prominently display a warning sign in each area where tanning equipment is used. The form of the warning sign shall be substantially as follows:

(1) Follow instructions;

(2) Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of tanning equipment can cause eye and skin injury and allergic reactions. Repeated exposure can cause chronic sun damage, which is characterized by wrinkling, dryness, fragility and bruising of the skin, and skin cancer;

(3) Wear protective eyewear. Failure to do so may result in severe burns or long-term injury to the eyes;

(4) Medications and cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using tanning equipment if you are especially sensitive to sunlight; and

(5) If your skin does not tan when exposed to the sun it is unlikely that your skin will tan when exposed to this tanning equipment.

(e) The owner, lessee, or operator of a tanning facility shall ensure that all of the following requirements are met:

(1) No customer under eighteen years of age shall be permitted to use the tanning facility. Proof of age shall be satisfied with a government-issued photo identification document containing the date of birth of the customer;

(2) During operating hours a trained operator, who is able to inform customers about and assist customers in the proper use of tanning equipment, shall be present at the tanning facility;

(3) Each tanning bed is properly sanitized after each use;

(4) Prior to using tanning equipment, each customer shall be provided with properly sanitized and securely-fitted protective eyewear that protects the wearer's eyes from ultraviolet radiation and allows enough vision to maintain balance;

(5) A customer shall not be permitted to use tanning equipment unless the customer uses protective eyewear;

(6) Each customer shall be shown how to use physical aids, such as handrails and floor markings, to maintain proper exposure distance from tanning equipment, as recommended by the manufacturer;

(7) A timing device that is accurate within ten per cent of any selected timer interval shall be used and shall be remotely located so customers cannot set their own exposure time;

(8) All tanning equipment shall be equipped with a mechanism that allows the customer to turn the tanning equipment off;

(9) Each customer shall be limited to the maximum exposure time recommended by the manufacturer for that customer's skin type;

(10) Customers shall not use any tanning equipment more than once every twenty-four hours;

(11) The interior temperature of a tanning equipment shall not exceed one hundred degrees Fahrenheit; and

(12) Signed customer statements, as required by subsection (f), shall be retained for three years or until the customer signs a new statement.

(f) No person shall use the tanning equipment of a tanning facility unless the following requirements are met:

(1) Before the initial use of any tanning equipment and at the beginning of each succeeding calendar year, a customer shall sign a statement acknowledging that the customer has read and understands the written notice required by subsection (c) and the warning sign required by subsection (d) and agrees to the use of protective eyewear; and

(2) A customer agrees to use protective eyewear at all times while using tanning equipment.

(g) The director of health may impose on a person who violates this section:

(1) For a first violation, a fine not to exceed $          ; and

(2) For each subsequent violation, a fine not to exceed $          .

(h) The director of health may adopt rules in accordance with chapter 91 to implement this section.

(i) As used in this section:

"Operator" means a person designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct in the operation and use of the tanning facility or tanning equipment.

"Tanning equipment" means any device 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 sunlamps, tanning booths, or tanning beds.

"Tanning facility" means any location, place, area, structure, or business that provides persons access to any tanning equipment, including tanning salons, health clubs, gyms, apartments, condominiums, and hotels, regardless of whether a fee is charged for access to the tanning equipment."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Tanning Facilities; Tanning Equipment; Notice; Warning Signs; Requirements; Minors; Penalties

 

Description:

Makes it unlawful for tanning facilities and operators to allow use of tanning equipment by anyone under the age of eighteen. Requires all tanning facilities and operators to provide written notice, post warning signs, and meet certain requirements relating to the safe operation of tanning equipment.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.