Senate Bill No. 464
(By Senators Stollings, Beach, Wells, Kessler (Mr. President),
Yost and Unger)
[Introduced March 6, 2013; referred to the Committee on Health
and Human Resources; and then to the Committee on Finance .]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-45-1, §16-45-2,
§16-45-3, §16-45-4 and §16-45-5, all relating generally to
regulation of tanning facilities; defining terms; setting
forth requirements for registration, inspection and obtaining
a permit; requiring a consent form; setting forth consent form
language; creating operating standards; prohibiting the use of
tanning devices by anyone under the age of eighteen; granting
rule-making authority to the Department of Health and Human
Resources to regulate tanning facilities; setting forth
minimum requirements for the rule; and establishing criminal
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-45-1, §16-45-2,
§16-45-3, §16-45-4 and §16-45-5, all to read as follows:
ARTICLE 45. TANNING FACILITIES.
As used in this article:
(1) "Photo therapy Device" means a device used for exposure to
daylight or to specific wavelengths of light using lasers,
light-emitting diodes, fluorescent lamps, dichroic lamps or very
bright, full-spectrum light, usually controlled with various
(2) "Tanning device" means any equipment that emits radiation
used for tanning of the skin, such as a sun lamp, tanning booth or
tanning bed, and includes any accompanying equipment, such as
protective eye wear, timers and handrails.
(3) "Tanning facility" means any commercial location, place,
area, structure or business where a tanning device is used for a
fee, membership dues or other compensation.
§16-45-2. Registration requirements; inspections by local boards of
health; posting of permit power of local board of
health to order facility to close.
(a) On or after July 1, 2013, any tanning facility located in
this state shall obtain a business registration certificate and shall register with the local board of health, request an
inspection of the facility, and obtain an operating permit before
engaging in the business of a tanning facility.
(b) Each local board of health shall conduct annual
inspections of tanning facilities to determine compliance with this
(c) Upon a determination by the board that the tanning
facility is in compliance with the provisions of this article, the
board shall issue to the tanning facility an operating permit,
which shall be posted in a conspicuous place in the tanning
facility, clearly visible to the general public.
(d) Upon a determination by the board that any tanning
facility is not in compliance with the provisions of this article,
or the rules promulgated hereunder, the board may order the tanning
facility to cease operations until such time as the board
determines that the tanning facility is in compliance.
(e) Nothing in this article may be construed as prohibiting
any health care provider licensed under chapter thirty of this code
from performing any action within the scope of his or her practice
that results in prescribing the use of a photo therapy device to a
patient regardless of the patient's age for treatment of a medical
§16-45-3. Operation standards.
(a) A tanning facility shall provide to any patron who wishes
to use a tanning device located within its tanning facility a
consent form relating to use of a tanning device that must include,
at a minimum, the following warning: "Repeated exposure or
overexposure in a tanning device may cause health problems
including, but not limited to, burns, eye damage, skin sensitivity,
premature aging of the skin or skin cancer. Any person who takes
a prescription or over-the-counter medication should consult a
physician before using a tanning device." The consent form must
have a place for the patron's signature and the date. A signed and
dated copy of the consent form shall be maintained by the tanning
facility and remains valid for one year from the date it was
(b) All patrons are required to present proof of age prior to
use of a tanning device. Proof of age shall be satisfied with a
driver's license or other government issued identification
containing the date of birth and a photograph of the individual.
Persons under the age of eighteen may not be permitted to use a
§16-45-4. Rules to be proposed by the Department of Health and
The Bureau for Public Health within the Department of Health
and Human Resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter
twenty-nine-a of this code to regulate tanning facilities. The
rules shall provide at a minimum:
(1) General physical requirements for facilities and
equipment, including requirements for ventilation and lighting;
(2) Record keeping requirements;
(3) Requirements for the posting of warning signs about the
dangers inherent in the use of a tanning device;
(4) Proper sanitation of a tanning facility and a tanning
device including a requirement that the tanning device be cleaned
immediately prior to each use;
(5) Proper maintenance and operation of a tanning device
including accuracy and placement of a timing device;
(6) The use of protective eye wear provided by the tanning
facility and the proper storage and cleanliness of the eye wear;
(7) Require that patrons be limited to using the tanning
device to the exposure limits set by the manufacturer of the
§16-45-5. Violations and penalties.
(a) Any owner of a tanning facility who does not obtain a West
Virginia business registration certificate, who does not register
with the local board of health, or who fails to request an inspection pursuant to section two of this article is guilty of a
misdemeanor and, upon conviction thereof, for a first offense,
shall be fined §500.
(b) For a second offense, the owner is guilty of a misdemeanor
and, shall be fined not less than §1,000 nor more than §2,000 or be
confined in the regional jail for not less than ten days nor more
than one year, or both fined and confined.
(c) For a third offense, which is a misdemeanor, the owner may
have all the tanning device equipment and paraphernalia
confiscated, and shall be fined not less than §2,000 nor more than
§5,000 or be confined in the regional jail not less than thirty
days nor more than one year, or both fined and confined.
NOTE: The purpose of this bill is to regulate tanning
facilities and establish criminal penalties for violations.
Article §16-45-1 et seq. is new; therefore, strike-throughs
and underscoring have been omitted.