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2012 Indoor Tanning Legislation

2012 State by State Comparison
Updated July 2012

 

State Bill Description
Arizona HB 2596  Prohibits minors under the age of 18 from indoor tanning facilities.
Colorado

HB 1170  Requires minors under 18 of age to obtain in-person parental/guardian consent. Requires parents/guardians to remain on site at all time for minors under 14. Consent forms would expire after six months. Provides for regulation.

Connecticut  SB 54  Prohibits minors under the age of 18 from indoor tanning facilities.
Delaware HB 400  Prohibits minors under the age of 18 from using a tanning device unless prescribed by a medical professional.
D.C. Proposed Regulations  Prohibits minors under the age of 14 from indoor tanning facilities and requires minors between 14 to 17 to have parent/guardian consent.

Florida

SB 1044  Prohibits minors under the age of 18 from indoor tanning facilities.

 

SB 0360 Would amend current law, prohibiting tanning for those under age 14 and requiring parent consent, in person, for those under 18. Parent must specify number of tanning sessions allowed for the 12-month duration of consent.

 

HB 1043 Would amend current law, prohibiting tanning for those under age 14 and requiring parent consent, in person, for those under 18. Parent must specify number of tanning sessions allowed for the 12-month duration of consent.

Idaho H 0486  Prohibits minors under the age of 18 from indoor tanning facilities unless prescribed by a physician.

Illinois

SB 1329  Prohibits minors under the age of 18 from indoor tanning facilities. (carrover bill)

 

HB 1666  Prohibits minors under the age of 18 from indoor tanning facilities. (carryover bill)

 

HB 4017  Prohibits minors under the age of 18 from indoor tanning facilities.

 

SB 2816  Prohibits minors under the age of 18 from indoor tanning facilities.

Indiana HB 1115  Requires minors have a signed statement by a parent/guardian before spray tanning may be applied to the minor. Other regulations apply.
Iowa HSB 35  Prohibits minors under the age of 18 from indoor tanning facilities unless prescribed by a physician.
Kentucky

HB 249 As amended, prohibits minors under the age of 18 from indoor tanning facilities unless prescribed by a physician.

Maryland

SB 213  Prohibits minors under the age of 18 from indoor tanning facilities.

 

HB 207  Prohibits minors under the age of 18 from indoor tanning facilities.

Massachusetts

carryover

 

 

 

 

 

 

 

 

New draft of Senate, No. 1175 and House, No. 2372

S.1175 Prohibits minors under the age of 16 from using a tanning facility. Minors 16-17 must have parent/guardian sign a consent form at the tanning facility in the presence of operator. Also provides for regulation.

 

H.2372 Prohibits minors under the age of 14 from using a tanning facility. Minors 14-17 must have parent/guardian sign a consent form at the tanning facility in the presence of operator.

 

S.2211 Prohibits minors under the age of 16 from using a tanning facility without a written order from a physician. Minors 16-17 must have parent/guardian sign a consent form at the tanning facility in the presence of operator. Also provides for regulation.

Michigan HB 5276  Prohibits minors under the age of 18 from indoor tanning facilities.

Minnesota

carryover

HF 1328 Prohibits minors under the age of 18 from using tanning facilities. Provides for regulation.

 

HF 1329 Prohibits minors under the age of 18 from using tanning facilities. Provides for regulation.

Missouri

HB 1283  Prohibits minors under the age of 15 from using tanning facilities.

 

HB 1343  Prohibits minors under the age of 16 from using tanning facilities.  Requires minors 16 until 18 to provide a consent form, signed by a parent/legal guardian at the tanning facility. Provides for regulation.

 

HB 1475  Requires minors under 18 of age to obtain in-person parental/guardian consent.

New

Jersey

S 2119 Prohibits minors under the age of 18 from indoor tanning beds. A minor older than 14 but less than 18 may use spray tanning with consent from parent/legal guardian. (carryover bill)

 

S 1172  Prohibits minors under the age of 18 from indoor tanning beds. A minor older than 14 but less than 18 may use spray tanning with consent from parent/legal guardian.

 

A 2142 Prohibits minors under the age of 18 from indoor tanning beds. A minor who is at least 14 but less than 18 may use spray tanning with consent from parent/legal guardian.

New York

carryover

S2917/A1074

signed into law 7/16/2012

AB 1074 Provides that a tanning facility shall not permit the use of a ultraviolet radiation device by persons under 18.

 

HB 3083  Provides that a tanning facility shall not permit the use of a ultraviolet radiation device by persons under 18.

 

AB 6793 Prohibits minors under the age of 16 from using a tanning bed.

 

S 2917 Provides that a tanning facility shall not permit the use of a ultraviolet radiation device by persons under 18.

North Carolina

carryover

SB 471 Prohibits minors under the age of 18 from using a tanning bed unless prescribed by a physician.
Oklahoma SB 1225  Prohibits minors under the age of 18 from using a tanning bed.

Ohio

carryover

HB 119 Prohibits minors under the age of 18 from using a tanning bed unless prescribed by a physician.

 

SB 347 Prohibits minors under the age of 18 from using a tanning bed unless prescribed by a physician.

Pennsylvania

carryover

 

SB 349 Prohibits minors under the age of 14 from using a tanning bed unless prescribed by a physician. All minors under 18 must be accompanied by a parent/legal guardian in order to use a tanning device for the first time and the parent/legal guardian must sign a consent form in the presence of the owner or operator. Consent if valid for 6 months. Provides for regulation.

 

HB 1919 Prohibits minors under the age of 18 from using a tanning bed. Provides for regulation.

Rhode Island

 

 

 

 

 

 

 

 

 

 

 

(2012-S 2322A, 2012-H 7825A)

passed into law - effective 1/1/2013

S 2322 Prohibits minors under the age of 18 from using a tanning bed unless prescribed by a physician.

 

S 106 Prohibits minors under the age of 18 from using a tanning bed unless prescribed by a physician. (carryover)

 

H-7825 Prohibits minors under the age of 18 from using a tanning bed unless prescribed by a physician.

 

H 5627 Prohibits minors under the age of 18 from using a tanning bed unless prescribed by a physician. (carryover)

 

Minors under 18 are prohibited from using a tanning facility unless the minor presents a written prescription by a license physician or, for every two visits, a parent/guardian has signed a consent form stating that they have read and understand the risks. The consent shall be provided in the presence of a facility staff member.

Utah

signed into law 3/26/2012 - effective 5/08/2012

SB 41 Fifth Substitute  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 at the tanning facility by a parent or legal guardian who provides written consent authorizing the minor to use the tanning device.

Vermont

passed into law 5/02/2012- effective 7/01/2012

H 157  Prohibits minors under the age of 18 from using a tanning bed.
Washington

HB 2250  Prohibits minors under the age of 18 from using a tanning bed. Provides for regulation.

 

SB 6249  Prohibits minors under the age of 18 from using a tanning bed. Provides for regulation.

 

HB 1363  Prohibits the use of tanning facilities to anyone under the age of 18 unless prescribed by a licensed physician. Also provides for regulation. (carryover)

 

SB 5593 Prohibits the use of tanning facilities to anyone under the age of 16. Also provides for regulation. (carryover)

West Virginia SB 73  As amended, prohibits minors under the age of 18 from indoor tanning facilities.

 

 

Tanning Restrictions for Minors--State Laws

 

State/Statute

Age Restriction

Parent Must Accompany Minor

Parent Must Sign Written Permission

Arkansas

Ark. Stat. Ann. §20-27-2102

under 18

Requires parent/guardian signature for someone under 18 who wishes to use a tanning facility.

Arizona

AZ Admin. Code

R12-1-1414 A2

under 18

 

Written permission from a parent/guardian required for someone under 18 to use the facility.

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 bed.

Connecticut

CT Public Act No. 06-195

 

under 16

 

Written permission from parent/guardian required for a person under 16 to use tanning facilities.

Delaware

Del. Code Ann. tit, 16 § 30D

 

 under 14;  

 under 18


Prohibits minors under 14 unless medically necessary and prescribed by specified practitioners. Requires minors between 14 and under 18 to submit a consent form, signed by a parent/legal guardian in the presence of the tanning facility operator. 

Florida

FL Stat. Ann. 
§ 381.89(1998)

 

under 14; 14-18

 

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

Written permission required for teens between the ages of 14-18 signed by the minor’s parent/guardian stating the parent/guardian has read and understands the warnings, consents to the minor’s use of a tanning device, and agrees the minor will use the provided protective eyewear.

 

Georgia

GA Code Ann. 
§ 31-38-8(2010) 


 

under 14; 14-18

 

Minors under 14 are prohibited from using a tanning facility and requires in-person written consent for minors 14 years of age and older but under 18 years of age before the minor can use the equipment.

Illinois

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

 

 

under 14; 14-18

 

Children under 14 are prohibited. Parent/guardian must sign a consent form in the presence of the facility operator if child is 14-17 years old indicating that they understand the warnings.

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.

Parent/guardian for a person under 18 must sign a risk waiver in the presence of the tanning device operator.

Kentucky

Ch. 103 of the Acts of 2006 (HB 151)

 

under 14; 14-18

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

Parents/guardians of minors between 14 and 18 must sign a statement stating that they read and understand the warnings and certifies that their child will use protective eyewear.  The consent is valid for 1 calendar year.

Louisiana

LA Rev. Stat. Ann. §

40:2701 to 40:2718 (2005)

under 14; 14-18

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

 

Parents/guardian of minor between the ages of 14 and 18 must sign a consent, at the facility, stating they have read and understood the warnings, consent to the minor’s use of device, and agree that the minor will 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 which is effective for 1 year.

 

People under the age of 18 must present a written consent form signed by a parent/guardian; parents/guardians must have been supplied with standard warning materials.

Maryland

Ch. 691 of the Acts of 2008 (HB 1358)

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.Tanning facility owner, employee, or operator is required to check documentation to verify the age of the individual before allowing them to use tanning devices. Punishment for violation is specified in the law.

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

Department of Health Regulations

 

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 12 and must specified the number of sessions.

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. A parent/guardian must sign written consent to use the facility and verify the age of the minor for those 14 to 18 years old.  A parent/guardian must sign the consent form in the presence of the operator. Written permission is only good for 12 visits. The minor must present age verification when using the device.

New Jersey

NJ Rev. Stat. § C. 26:2D-82.1

 

under 14; 14-18

 

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. 

New York

NY Public Health Law ch. 3555

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Effective as of August 16, 2012

under 14; 14-18

 

Children under 14 prohibited. Minors between ages 14 and 18 must have signed permission from a parent/guardian to use the facilities; the signature must be signed in the presence of the facility operator, indicating that they have read the warnings and the minor agrees to wear safety goggles. The consent is only valid for 12 months from the date it is signed and dated. 

 

Provides that a tanning facility shall not permit the use of a ultraviolet radiation device by persons under 17.

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 249

 

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 a consent that they read the warnings, agree to the terms of use, and agree that the minor will wear FDA-approved eyewear. The form must be signed in the presence of a tanning salon employee or provide a notarized signature on the permission form. 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 before each tanning session (signed at the facility) that authorizes the number of sessions the minor may purchase.  For that number of sessions, the minor may sign for themselves. 

Oregon

OAR 333-119-0090 (2)

 

under 18

 

People under the age of 18 must have a parent/guardian's signature authorizing their use of the device and stating that they understand the risks involved. Signature must occur in the presence of an owner/operator. 

Rhode Island

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

 

 

 

 

 

 

 

 

 

 

 

 

Effective Jan 1, 2013

under 18

 

Minors under the age of 18 may not use the device unless a parent/guardian has signed a consent form stating that 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.

 

Minors under 18 are prohibited from using a tanning facility unless the minor presents a written prescription by a license physician or, for every two visits, a parent/guardian has signed a consent form stating that 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. 106-4.5

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

 

under 16.5; 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.

Utah

UT Code Ann. § 26-15-13

 

under 18

 

Prohibits anyone under the age of 18 from using a tanning bed unless at each time of use the minor is accompanied at the tanning facility by a parent or legal guardian.

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 at the tanning facility by a parent or legal guardian who provides written consent authorizing the minor to use the tanning device. The minor's parent or legal guardian is not required to remain at the facility for the duration of the use.

Vermont

effective as of July 1, 2012

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

Virginia

VA Code § 59.1-310.3

 

under 15

 

Unemancipated minors under age 15 must have a parent/guardian sign the release form advising them of the risks associated with indoor tanning, including filling out their skin type on the Fitzpatrick Scale (measuring how the skin reacts to sunlight).  The operator of the tanning device must advise the customer of the time they should spend tanning based on the Fitzpatrick Scale.  Release form must be signed every 6 months. 

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.

 

 

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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