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2011 Indoor Tanning Legislation

2011 State by State Comparison
Updated October 2011


State

Bill Description

California

Signed Into Law - Effective 1/1/12

SB 746 Prohibit minors under the age of 18 from using a tanning facility.
Connecticut Raised SB 972 Prohibits minors under 18 from using a tanning facility without parental/guardian consent accompanying the minor.

Florida

SB 162 Would amend current law, prohibiting tanning for those under age 14 and requiring parental consent, in person, for those under 18.  Parent must specify number of tanning sessions allowed for the 12 month duration of consent.

 

HB 1265 Would amend current law, prohibiting tanning for those under age 14 and requiring parental consent, in person, for those under 18.  Parent must specify number of tanning sessions allowed for the 12 month duration of consent.

 Illinois

HB 1666 Prohibits minors under the age of 18 from using a tanning facility.

 

SB 1329 Prohibits minors under the age of 18 from using a tanning facility.

Iowa HSB 35 Prohibits minors under the age of 18 from using a tanning facility unless prescribed by a license physician.
 Kentucky HB 338 Would amend current statute, prohibiting tanning for those under 14.
Maryland

HB 1111 Prohibits minors under the age of 18 from using a tanning facility. 

 

SB 604 Prohibits minors under the age of 18 from using a tanning facility. 

Massachusetts

H02372 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.

 

S01175 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. 

Minnesota

HF 1328 Prohibits minors under the age of 18 from using a tanning facility unless prescribed by a physician.  Provides for regulation.

 

HF 1329 Prohibits minors under the age of 18 from using a tanning facility unless prescribed by a physician.  Provides for regulation.

 Missouri

 HB 67 Prohibits minors under the age of 16 from using a tanning facility.  Minors under 18 must have a parent/guardian sign a consent form at the tanning facility before using the device.  Also, provides for regulation

 

HB 851 Parent/guardian of a minor under the age of 18 must appear in person at the facility and provide written consent.

 

HB 600 Parent/guardian of a minor under the age of 18 must appear in person at the facility and provide written consent.

 Nevada SB 291 Prohibits minors under the age of 18 from using a tanning facility without written consent of parent/guardian.
 New Jersey  

A 286Prohibits minors under the age of 18 from using a tanning bed. 

 

A 2933 Prohibits minors under the age of 18 from using a tanning bed. Requires minors between 14 to 18 provide parental/guardian consent for spray tanning.

 

A 3640 Prohibits minors under the age of 18 from using a tanning bed. Requires minors between 14 to 18 provide parental/guardian consent for spray tanning.


S 2119 Prohibits minors under the age of 18 from using a tanning bed.

 New Mexico SB 430 Prohibits minors under the age of 18 from using a tanning bed.

New York

AB 1074 Prohibits minors under the age of 18 from using a tanning bed.


S 2917 Prohibits minors under the age of 18 from using a tanning bed.

 

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

 

S 3083 Prohibits minors under the age of 16 from using a tanning bed. 

North Carolina SB 471 Prohibits minors under the age of 18 from using a tanning bed unless prescribed by a physician.
Ohio HB 119 Prohibits minors under 18 from using a tanning bed unless prescribed by a physician.
Pennsylvania 

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

 

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/guardian in order to use a tanning device for the first time and the parent/guardian must sign a consent form in the presence of the owner or operator. Consent is valid for 6 months.

Rhode Island

S 0106 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. 

South Dakota SB 117 Requires parental/guardian consent for minors under the age of 18.
Vermont  H 157 Prohibits the use of tanning facilities to anyone under the age of 18. 
Washington

 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.


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

West Virginia  SB 78 Requires minors under 14 be accompanied by a parent/guardian when using a tanning device.  Minors 14 to 18 must give the tanning facility a statement signed by parent/guardian, stating they read and understood the warnings, they consent to minor's use of the device, and the minor will use protective eyewear. Consent valid for one calendar year.

 

 

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 14; 14-18

 

Children under 14 prohibited. People between the ages of 14 and 18 must have a parent/guardian sign a consent form, in the presence of a salon operator or employee, saying that they understand the risks and agree to the terms of use; consent valid for 12 months.

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 § 3555

 

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. 

North Carolina

NC Gen. Stat.§ 104E-9.1

 

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.

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

 

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.

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 tanning salon operators from allowing anyone under age 18 to use a tanning device unless a parent/guardian appears in person on the minor's first visit and once every 12 months thereafter.

The parent /guardian must sign a consent form stating that they understand the risks of tanning, that the minor will use protective eyewear, and that only a specific number of tanning sessions is allowed in a 12-month period.  Any salon that violates these rules may lose its license.

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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