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2013 Indoor Tanning Legislation

2013 State by State Comparison
Updated October 2013

 

 

State               
Bill Description
Alabama HB 179  Prohibits minors under 18 from using a tanning device.
Arizona HB 2402 Prohibits minors under 18 from using a tanning device.
Colorado HB 1215 Prohibits the use of tanning devices by minors under 15 unless the use is prescribed by a physician; requires parental consent form or physician prescription for minors 15 or older but under 18 years of age to use a tanning device.

Connecticut 

 

signed into law 6/5/2013

effective 10/1/2013

HB 5108 Requires minors under 18 of age to obtain parental/guardian consent.

 

SB 872 As amended, prohibits minors under 17 from using tanning device.

Delaware SB 94  Prohibits minors under 18 from using a tanning device.
Florida SB 1674 Prohibits minors under 18 from using tanning devices unelss prescribed by a physician.
Hawaii

HB 611 Prohibits minors under 18 from using tanning devices.

 

SB 399 Prohibits minors under 18 from using tanning devices.

Idaho

HB 191 Prohibits minors under 16 from using tanning devices unless prescribed by a physican.  Requires minors 16 & 17 to obtain in-person parental/guardian consent unless authorized by a physician.

 

HB 268 Prohibits minors under 16 from using tanning devices unless prescribed by a physician. Requires 16 & 17 to obtain in-person parent/guardian consent unless authorized by a physician.

Illinois

 

HB 188 signed into law

8/15/13

effective 1/1/14

HB 188 Prohibits minors under 18 from using tanning devices.

 

SB 2244  Prohibits minors under 18 from using tanning devices.

Indiana SB 269 Prohibits minors under 18 from using tanning devices.
Iowa

HF 257 Prohibits minors under 18 from using tanning devices.

 

SF 258 Prohibits minors under 18 from using tanning devices.

Maine

veoted by Gov.

override failed

LD 272 Prohibits minors under 18 from using tanning devices.
Maryland

SB 488 Prohibits minors under 18 from using tanning devices.

Massachusetts SB 1105 Prohibits minors under 18 from using tanning devices.
Michigan HB 4405 Prohibits minors under 18 from using tanning devices.
Minnesota

H.F. 676 Prohibits minors under 18 from using tanning devices.

 

S.F. 816 Prohibits minors under 18 from using tanning devices.

Missouri 

HB 47 Requires minors under 17 of age to obtain in-person parental/guardian consent annually.

 

HB 72 Prohibits minors under 6 from using tanning devices.

Montana HB456 Requires minors under 18 to obtain in-person parental/guardian
Nebraska       
LB 132 Prohibits minors under 18 from using tanning devices.

Nevada

 

signed into law

6/4/13

effective 7/1/13

SB 267  As amended, prohibits minors under 18 from using tanning devices. Provides for regulation.
New Jersey

carrover

 

signed into law 4/1/13

effective 10/1/13

A 2142 and S 1172 As amended, would prohibit minors under 17 from tanning devices. Prohibit minors under 14 from spray tans. A minor older than 14 but less than 18 may use spray tanning with consent from parent/legal guardian.
North Carolina

HB 18 Prohibits minors under 18 from using tanning devices.

 

S 167 Prohibits minors under 18 from using tanning devices.

North Dakota HB 1188 Repeals chapter 23‑39 of the North Dakota Century Code, relating to the regulation of tanning facilities.
Ohio

SB 113 Prohibits minors under 18 from using tanning beds. Allows for a doctor to prescribe tanning device use.

 

HB 131 Prohibits minors under 18 from using tanning devices. Allows for a doctor to prescribe tanning device use.

Oklahoma

SB 345 Prohibits minors under 18 from using tanning devices.

 

SB 816 Prohibits minors under 18 from using tanning devices. Allows for a doctor to prescribe tanning device use.

Oregon

signed into law 5/16/13

effective 1/1/14


HB 2896 Prohibits minors under 18 from using tanning devices. Allows for a doctor to prescribe tanning device use.
Pennsylvania

HB 977 Prohibits minors under 18 from using tanning devices. Provides for some regulation.

 

HB 1257 Prohibits minors under 17 from using tanning devices. Parental consent for 17 year olds.

 

SB 1020 Prohibits minors under 16 fromusing tanning devices Allows for a doctor to prescribe tanning device use. Minors 16 or older and under than 18 must have parental consent. All minors shall be accompanied by parent / legal guardian in order to use a tanning device for the first time at each facility.

Texas

passed into law 6/14/13

effective 9/1/13

HB 598 Prohibits minors under 18 from using tanning devices.

 

SB 329 Prohibits minors under 18 from using tanning devices.

Virginia SB 1274 Prohibits minors under 15 from using a tanning device. Requires minors who are 15, 16, and 17, and are not emancipated under VA law, obtain parent/guardian consent.
Washington

SB 5521 Prohibits minors under 18 from using tanning devices.

 

SB 5455  Prohibits minors under 18 from using tanning devices.

 

HB 1585  Prohibits minors under 18 from using tanning devices.

West Virginia

 

SB 464

signed into law 4/1/13

effective 7/12/13

 

 

HB 2768 Prohibits minors under 18 from using tanning devices.


SB 464 As amended, prohibits minors under 14 from using tanning devices. Requires parental consent for 14 - 17 year olds.

 

 

Tanning Restrictions for Minors--State Laws

 

State/Statute

Age Restriction

Parent Must Accompany Minor

Ban and / or Parent Must Sign Written Permission

Arizona

AZ Admin. Code

R12-1-1414 A2

under 18

 

Requires in person parent/guardian consent for someone under 18.

Arkansas

Ark. Stat. Ann.

§ 20-27-2202

under 18 Requires in person parent/guardian consent for someone under 18.

California

CA Bus. and Prof. Code § 22706 (b) (3) and (4)

 

under 18  

Minors under the age of 18 are prohibited from using a commercial tanning device.

Connecticut

CT Public Act No. 06-195

 

 

 

Effective 10/1/13

under 16

 

 

 

 

 

under 17

 

Requires parent/guardian consent for someone under 16.

 

 

Prohibits minors under 17 to use tanning device.

Delaware

Del. Code Ann. tit, 16 § 30D

 

 under 14;  

 under 18


Prohibits minors under 14 unless medically necessary and provides in person parent/legal guardian provides consent. Requires in person parent/guardian consent for minors between 14 and under 18 to submit a consent form.  Valid for 1 year.

District of Columia

Rule 25-F1601

under 14;

14-15;

under 16-17

Parents/guardians must accompany children 14 - 15 on all visits.

Prohibits minors under 14 from using tanning equipment. Minors 14 & 15 must be accompanied by a parent/guardian while the device is in use. Minors between 14-17 must obtain in-person parental/guardian consent.

Florida

FL Stat. Ann. 
§ 381.89(1998)

 

under 14; 14-18

 

Parents/guardians must accompany minors under 14 on all visits.

Requires parent/guardian consent for minors between 14-18, agrees minor will use protective eyewear.

Georgia

GA Code Ann. 
§ 31-38-8 (2010)

under 14; 14-18

 

Prohibits minors under 14 from using a tanning device and requires in-person parent/guardian consent for minors 14 years of age and older but under 18 years of age.

Illinois

IL Admin. Code 
Title 77; Sec. 795.190 (c)

 

 

 

 

 

Effecitve 1/1/14

 

under 14; 14-18

 

 

 

 

 

 

under 18

 

Prohibits minors under 14 from using tanning device. Requires in person parent/guardian consent for minors 14-17 years.

 

 

Prohibits minors under 18 from using tanning device.

Indiana

IN Code Ann. § 25-8-15.4-15 and 16

under 16; 16-18

Parent/guardian must accompany children under the age of 16.

Requires in person parent/guardian consent for someone under 18.r.

Kentucky

Ch. 103 of the Acts of 2006 (HB 151)

 

under 14; 14-18

Parent/guardian must accompany children under the age of 14.

Requires parent/guardian consent for someone under 18; agrees to use protective eyewear.  The consent is valid for 1 calendar year.

Louisiana

LA Rev. Stat. Ann. § 40:2714 (2005)

under 14; 14-18

Parent/guardian must accompany children under the age of 14.

 

Requires in person parent/guardian consent for minors between 14 and 18; agrees to use protective eyewear. 

Maine

10-144 Dept. of Human Services ch. 223 12A (3)(f)

under 14;

under 18

Parent/guardian must accompany children between 14-15.

Prohibits minors under 14. Requires in person parent/guardian consent for minors under 18. Valid for 1 year.

Maryland

Md. Health Code Ann. § 20-106

under 18

 

Parent/guardian must give written consent in the presence of tanning facility owner, employee or operator in order for a minor to use tanning devices.

Massachusetts

MA Gen. Laws Ann. ch. 111 Public Health § 211

under 14; 14-17

Parent/guardian must accompany children under the age of 14

Parent/guardian must sign prior written consent for minors age 14-17.

Michigan

MI Comp. Laws Ann. § 333.13405

 

under 18

 

 

Before someone under 18 can tan, a parent/guardian must present, in the presence of the owner or operator, a statement similar to other customers that they read and understand the risks tanning poses to their child and that the child will wear protective eyewear. 

Minnesota

MN Stat. Ann. § 325H.08

 

under 16

 

Tanning device operator must witness a parent/guardian sign and date a warning statement.

Mississippi

Miss Code Ann. § 41-115-1

 

under 18

Parent/guardian must accompany children under the age of 14.

No one under 18 is allowed to use tanning devices without written consent from a parent/guardian which is signed at the facility. The consent is only valid for 1 year and must specified the number of sessions.

Nevada

 

under 18 Prohibits minors under 18 from using tanning devices.

New Hampshire

NH Rev. Stat. Ann. § tit. XXX 313-A:31

 

under 14; 14-18

Parent/guardian must accompany children under the age of 14. Parent must accompany minors between 14 and 18 for their initial use.

A licensed physician must authorize use of the device for minors under 14. Minors under 18 must have a parent/guardian sign, in the presence of the operator, a written consent to use the facility. Valid for 12 visits.

New Jersey

NJ Rev. Stat. § C. 26:2D-82.1

 

 

 

 

 

 

 

 

 

 

 

 

 

Effective 10/1/13

under 14; 14-18

 

 

 

 

 

 

 

 

 

 

 

 

 

 

under 17; under 18;

under 14

 

Children under the age of 14 are prohibited from using the device; parents/guardians of minors between ages 14 and 18 must sign documentation stating that they have read and understand the warnings. 

 

 

Prohibits minors under 17 from using indoor tanning device, 17 year olds must obtain parent/guardian consent, minors under 14 prohibited from using spray tan.

New York

NY Public Health Law ch. 3555


under 17; 17

 

Children under 17 prohibited. Parent/guardin must sign a consent form in the presence of the facility operator if the minor is 17, indicating they have read the warnings and the minor agrees to wear safety goggles.

North Carolina

NC Gen. Stat.§ 104E-9.1

 

15A NCAC 11 .1418

 

under 14

 

Children under 14 are prohibited from using tanning devices without a physician's written prescription specifying the nature of the medical condition requiring the treatment, the number of exposures, and the time of exposure.

 

Children under 18 must have signed permission from a parent/guardian to use the facilities.

North Dakota

NC Cent. Code § Health and Safety Chapter 23-39

 

under 14

Parents/guardians must accompany children under 14 on all visits.

Children under 14 are prohibited from using tanning devices without a physician's written prescription.  For minors under 18, parents/guardians must sign, in the presence of a tanning employee, a consent they read the warnings, agree to the terms of use, and agree the minor will wear FDA-approved eyewear.  Permission is good for 12 months. Punishment for violation is specified in the law. 

Ohio

OH Admin. Code 4713-19-09 (B)

 

under 18

 

Facility operators must obtain written consent from a parent/guardian prior to any tanning session (signed at the facility) that authorizes the number of sessions the minor may purchase.

Oregon

OAR 333-119-0090 (2)

 

 

 

 

Effective 1/1/14

under 18

 

Requires in person parent/guardian consent for someone under 18.

 

 

Prohibit minors under 18 from using tanning device unless prescribed by a physican.

Rhode Island

Department of Health Rules and Regulations for the Registration of Tanning Facilities Part III; Sec. 9.5

 

 

 

 

 

 

under 18

 

Minors under 18 are prohibited from using a tanning facility unless the minor presents a written prescription by a licensed physician or, for every two visits, a parent/guardian has signed a consent form stating they have read and understand the risks. The consent shall be provided in the presence of a facility staff member. Infants and other minors are not allowed in the room with adults who are tanning.

South Carolina

SC Code Ann. § ch. 61, sec. 106-3.7.1

under 18

 

People under the age of 18 must have written permission from a parent or guardian signed in the presence of the tanning facility operator.

Tennessee

TN Code Ann. § 68-117-104

 

under 14; 14-18

Parents/guardians of children under 14 must accompany the child.

People under 18 must be accompanied by a parent/guardian who signs a consent form or presents a notarized statement of consent stating they understand the risks and a statement of their relationship with the minor.

Texas

TX Health and Safety Code Ann. § 145.008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Effective 9/1/13

under 16.5; under 18

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

under 18

 

Prohibits minors under 16.5. Requires minors under 18 to have parent/guardian sign consent form to use the facilities; the signature must be signed at the facility; stating they understand the warnings, consent to the device's use, and agree to the minor’s use of eyewear.

 

 

Prohibits minors under 18 from using indoor tanning device.

Utah

UT Code Ann. § 26-15-13

 

under 18

 

Parent/guardian must accompany children under the age of 18 at each visit.

Prohibits anyone under the age of 18 from using a tanning bed unless the minor (i) has a written order from a physician or (ii) at each time of use the minor is accompanied by a parent/guardian who provides written consent authorizing the minor to use the tanning device.

Vermont

Title 18 V.S.A. § 1513



Minors under the age of 18 are prohibited from using a commercial tanning device.

Virginia

VA Code § 59.1-310.3

 

under 15

 

Unemancipated minors under 15 must have a parent/guardian sign a consent form. Valid for 6 months. 

West Virginia

W.V. Code Ann. §16-45-3.

 

under 14;

under 18

Prohibits minors under 14 from tanning device. Requires parent/guardian consent for between 14 to 18.

Wisconsin

WI Code Ann. § 255.08 (9)(a)

under 16

 

No one under age 16 is permitted to use tanning devices.

Wyoming

W.S. 14-3-108

under 15;

15-18

Parents/guardians must accompany children under 15 on all visits. Requires parents/guardians of minors under 18 to sign a consent form in the presence of the owner or employee of the facility.  Consent is valid for 12 months.

 

*  The District of Columbia prohibits minors under 14 from using an indoor tanning device. Requires in-person parent/guardian consent for minors between 14 and 17.  Minors 14 and 15 must be accompanied by a parent/guardian. Rule 25-F100

 

Source: AIM at Melanoma, StateNet, and NCSL, 2006-2008

Note: List may not be comprehensive but is representative of the state laws that exist. NCSL appreciates additions and corrections.


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