H. B. 2480
(By Delegates Fleischauer, Compton,
Leach, Pulliam, Gillespie and Hubbard)
[Introduced January 14, 1998; referred to the
Committee on Government Organization.]
A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-seven,
relating to the model tanning act; definitions; requiring a
license; parental consent required for minors; posting of
warning signs; written warning statements; duties of the
department; inspection; prohibited acts; and criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article thirty-seven, to
read as follows:
ARTICLE 37. TANNING FACILITY ACT.
§30-37-1. Short title.
This article is known as the "Tanning Facility Act."
§30-37-2. Definitions.
For the purposes of this article, the following terms have
the following meanings:
(a) "Consumer" means any member of the public who is
provided access to a tanning facility in exchange for a fee or
other compensation, or any individual who, in exchange for a fee
or other compensation, is afforded use of a tanning facility as
a condition or benefit of membership or access;
(b) "Department" means the department of health and human
resources;
(c) "Phototherapy device" means equipment that emits
ultraviolet radiation used by a health care professional in the
treatment of disease;
(d) "Tanning device" means any equipment that emits
electromagnetic radiation used for tanning of the skin,
including, but not limited to, a sunlamp, tanning booth or
tanning bed. Tanning device also means any accompanying
equipment, including, but not limited to, protective eyewear,
timers and handrails;
(e) "Tanning facility" means any location, place,
structure, or business which provides persons access to any
tanning device.
§30-37-3. Exemptions.
The following devices are exempt from the requirements of
this article:
(a) Phototherapy devices used by or under the supervision
of a licensed physician who is trained in the use of phototherapy
devices; and
(b) Tanning devices which are used exclusively for
personal, noncommercial purposes, by the owner, member of the
owner's family, or persons authorized by the owner to use the
device.
§30-37-4. License required.
No access may be provided to any tanning device by a
tanning facility until the facility has been granted a license by
the department. Each license granted hereunder expires one year
from the date of its issue. The department shall determine the
fee for each license, subject to legislative approval, and it
shall be reasonably related to the costs of performing the
functions and duties required under this article.
§30-37-5. Minors; parental consent; accompanied by parent or
guardian.
(a) No person under the age of fourteen years may use a
tanning device unless accompanied by a parent or legal guardian.
(b) No person older than fourteen years but younger than seventeen years may use a tanning device without the prior
written consent of a parent or legal guardian who indicates that
he or she has read and understood the warning required to be
published hereunder.
§30-37-6. Warning signs.
A tanning facility shall post warnings in conspicuous
places on the premises of the facility: Provided, That a warning
sign shall be visible to persons entering the establishment and
individual warning signs shall, additionally, be visible for each
tanning device, which any person is preparing to use. Warning
signs shall clearly state the risks and dangers associated with
the use of tanning devices in plain, concise and simple language.
Warnings shall be based on the most current body of medical
knowledge regarding the effects that may occur from the use of
tanning devices. Warnings are required to be updated upon the
development of further medical knowledge regarding the effects
that may occur from the use of tanning devices.
§30-37-7. Written warning statements.
A tanning facility shall provide each customer with a
written warning statement concerning risks, and directing them to
consult with a physician in the event of any abnormal physical
manifestations that appear associated with exposure to any
tanning device. The statement shall warn customers in accordance with the requirements of section six of this article concerning
the required contents of warning signs.
§30-37-8. Duties of the department.
The department has the following functions and duties:
(a) Oversee the operation of tanning facilities, including,
but not limited to ensuring: (1) Proper sanitation of tanning
devices; (2) that proper equipment is used; (3) that
knowledgeable operators are present and accessible during
operating hours; and (4) that tanning devices are equipped with
accurate timers and temperature controls.
(b) Propose rules, subject to legislative approval, for the
implementation and enforcement of this article, including, but
not limited to, the operation and use of tanning devices and
mandatory requirements related to warning signs and warning
statements required by this article.
§30-37-9. Inspection; prohibited acts; violations; and
injunctions.
(a) The department shall have access at all reasonable
times to any tanning facility for the purpose of inspecting the
facility to determine if such facility is in compliance with the
requirements of this article.
(b) A tanning facility may not claim, or distribute
promotional materials that claim, that the use of tanning devices is safe and risk-free.
(c) Any person who operates a tanning device or facility in
violation of this article is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than one hundred
dollars.
(d) If the department determines that a person has engaged
in any activity that has violated, or is violating the terms of
this article, it may petition the circuit court in the county
wherein the activity has occurred or is occurring for an
injunction to enjoin the continued activity.
(e) Upon the filing of a petition requesting the issuance
of an injunction, the court may, upon a finding that a person is
violating the terms of this article, grant an injunction.
NOTE: The purpose of this bill is to provide
state-regulated control over the tanning industry in an effort to
impose measures designed for the safety of the public at large.
This article is new; therefore, strike-throughs and
underscoring have been omitted.