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:
§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.