SB464 H JUD AM 4-10 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
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. Exception for health care providers.
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
disclosure and consent form relating to use of a tanning device
that contains the current United States Food and Drug
Administration warning as follows: "Danger. Ultraviolet Radiation.
Follow instructions. Avoid overexposure. As with natural sunlight,
overexposure can cause eye and skin injury and allergic reactions.
REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN AND SKIN
CANCER. WEAR PROTECTIVE EYEWEAR; FAILURE TO DO SO MAY RESULT IN
SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or
cosmetics may increase your sensitivity to the ultraviolet
radiation. Consult physician before using tanning device if you
are using medications or have a history of skin problems or believe
yourself especially sensitive to sunlight. If you do not tan in
the sun, you are unlikely to tan from use of this product."
The disclosure and consent form must have a place for the
patron's signature and the date. A signed and dated copy of the
disclosure and 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
tanning device without the prior written consent of the person's
parent or legal guardian. Photographic identification of the
parent or legal guardian is required. A copy of the signed
parental or legal guardian consent shall be maintained by the
tanning facility and remains valid for one year from the date it
was signed. Persons under the age of fourteen may not be permitted
to use a tanning device.
§16-45-4. Local health department authority to inspect.
Local health departments shall have the authority to enter and
inspect a tanning facility to determine compliance with the
requirements of this article.
§16-45-5. Violations and penalties.
(a) Any owner of a tanning facility who fails to obtain
parental consent for a minor under the age of eighteen or otherwise
violates the requirements of this article is guilty of a
misdemeanor and, upon conviction thereof, for a first offense,
shall be fined §100.
(b) For a second offense, the owner is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than §250 nor
more than §500.
(c) For a third offense or subsequent offense, the owner is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than §500 nor more than §1,000."