VIRGINIA Anti-Tanning Salon Legislation

[Ezliving_Jim]

General Assembly: Bill targets 'fake-and-bake' teen tanning



David Belian

Richmond.comMonday, February 05, 2007Artificial teenage tanning is under attack in Virginia, as a proposed bill aims to place restrictions on teen access to facilities.

The bill, SB1231, would require any person under 18 to have a parent or legal guardian with them every time they use a tanning machine. The proposed law also would ban anyone under 14 from using the machines unless they have written authorization from a doctor.

Paige Anderson, 18, said she and her friends often used tanning salons without their parents' permission before they were 18, and she understands the reasoning for the proposed restrictions.

"I had one friend who actually ended up with third-degree burns after she tanned twice in one day," Anderson said. "I think a lot of kids don't realize it can be dangerous."

In addition to age restrictions, the proposal also requires all customers to sign a statement acknowledging the dangers of mechanical tanning before using the machines.

Many tanning salons already have similar restrictions in place, but the bill would force all salons to implement the changes.

Connie M. Houston, an aide to the bill's sponsor, Sen. Janet Howell, D-Reston, said the proposal originated from conversations between Howell and dermatologists.

The bill recently was approved by the Senate Education and Health Committee, and it is currently awaiting a vote from the full Senate.

Capital News Service is staffed by students from the School of Mass Communications at Virginia Commonwealth University. They provide state government news coverage for news outlets throughout Virginia, including Richmond.com.

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[Editor-in-Chief]

Tanning salon rules advance
They require written permission for those 14 or younger

BY GREG EDWARDS
TIMES-DISPATCH STAFF WRITER
Feb 15, 2007

Turn it over, it's about done.

Legislation setting additional guidelines for Virginia tanning salons is well on its way to gaining approval from the General Assembly.

The bill's intent, literally, is that consumers don't get burned. Sponsored by Sen. Janet D. Howell, D-Fairfax, the measure was introduced at the urging of the Medical Society of Virginia and the National Academy of Dermatology.

It would require children 14 and younger to obtain written permission from a parent or legal guardian before using a tanning device. The permission would be good for six months before it would be required again.

The legislation also would require any customer to sign a statement that the business provided information about the hazards of ultraviolet light and potential skin sensitivity resulting from the use of certain foods, medicines or cosmetics before tanning.

The salons, which are not regulated by the Department of Health, would be required by Howell's bill to clean tanning devices with an anti-bacterial solution between uses. Salons also would be required to evaluate the reaction of a customer's skin to ultraviolet light, followed by advice about the maximum recommended tanning time.

The bill has passed the state Senate unanimously and a House of Delegates committee by 16-5. It is now on the House floor.

The use of tanning beds as well as overexposure to natural light has been a concern of dermatologists nationally, said Dr. Hazel Konerding of Commonwealth Dermatology in Henrico County. It is hoped, she said, that the proposed legislation -- which would require parents to read warnings before signing permission forms for minors -- will prevent minors from injuring themselves.

Konerding said skin damage might not show up for years, but she has seen patients with acute burns as the result of taking certain medications before using a tanning bed. "What bothers us the most are people who come in with melanomas who use a tanning salon."

Charlie Davis, a Richmond lobbyist for the Washington-based Indoor Tanning Association, said Howell's bill represents a good compromise. The bill as originally introduced would have required parental permission for anyone under 18.

"If you go too far down this line," Davis said, "you'd have to address [people's use] of Virginia Beach." Most of the guidelines in the bill are already being followed by many in the tanning business, he said.

"These are all the kinds of things that we, as a small-business owner . . . as a salon owner, look to do anyway," said Jody Crown, a co-owner of Sun Salon Tans on West Broad Street.

As an alternative to ultraviolet tanning, Crown said her salon offers a spray-on tanning system.

"Those are fine," Konerding said of the spray tanning systems. "As far as we know there is no harm to that."

Contact staff writer Greg Edwards at gedwards@timesdispatch.com or (804) 649-6390.

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[Ezliving_Jim]

Common sense? Not this time


02/20/2007


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One of the less pressing, and perhaps more frivolous, proposals to visit this year's General Assembly is a bill that would make it illegal for someone younger than 15 to patronize a tanning facility, unless accompanied by a parent or guardian or carrying a note from home.


Young people, the thinking goes, don't know enough to come in out of the lamp's rays, staying there until burnt to a crisp. Yes, the argument exists that many teens like to tan themselves to get that certain look for the prom, and studies do show the use of tanning booths is on the rise, without concern for long-term health ramifications.

However, when are we going to stop trying to legislate common sense? When are we going to stop piling law upon law, code upon ordinance on the shoulders of our young people? We need a law to protect youngsters from sunburn about as much as we need a new supply of foam football fingers.

Even so, that hasn't stopped Sen. Janet Howell (D-Reston) from carrying the torch she said was lit during conversations with dermatologists.

More immediate concerns are at hand. The state has a tremendous transportation problem. Housing costs have run amok, forcing more and more families to accept the reality they never will be able to afford to buy a home. Illegal immigration has become another way of saying, "No Hispanics allowed." Health-care costs are up some 85 percent since the dawning of this century.

Not to worry.

We're going to restore truth, justice and the American way by making sure our kids don't go into a tanning salon without a note from home.

Common sense, folks. Common sense.

Editor's note: The tanning bill, SB1231, passed the Senate 40-0 on Feb. 2. On Feb. 13, it was approved 16-5 by the House Commerce and Labor Committee. As of Feb. 19, the bill remained in the House for further action.

[glowgirl35]

Why don't we get our troops out of Iraq and then maybe worry about this?

[Ezliving_Jim]

Tanning salons -- Also yesterday, the House approved, on an 84-13 vote, a bill that would require children younger than 15 to get parental permission before using a tanning salon and to renew the permission every six months. The bill also mandates that the salon identify the skin type of the customer, document it and advise of the maximum recommended time of exposure to the tanning bed. It also sets cleanliness standards. The bill now heads to Kaine.

[Ezliving_Jim]

VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §§ 59.1-310.1, 59.1-310.3, and 59.1-310.5 of the Code of Virginia, relating to the operation of tanning facilities.

[S 1231]Approved

Be it enacted by the General Assembly of Virginia:
1. That §§ 59.1-310.1, 59.1-310.3, and 59.1-310.5 of the Code of Virginia are amended and reenacted as follows:
§ 59.1-310.1. Definitions.
As used in this chapter unless the context requires otherwise:
"Fitzpatrick scale" means the following scale for classifying a skin type, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season:

Skin Type: Sunburning and Tanning History 1 Always burns easily; never tans 2 Always burns easily; tans minimally 3 Burns moderately; tans gradually 4 Burns minimally; always tans well 5 Rarely burns; tans profusely 6 Never burns; deeply pigmented
"Owner" means a person who owns or operates a tanning facility.
"Person" means an individual, partnership, corporation, limited liability company or association.
"Phototherapy device" means a piece of equipment that emits ultraviolet radiation and that is used by a health care professional provider in the treatment of a disease.
"Tanning device" means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, including a sunlamp, tanning booth, or tanning bed. The term also includes any accompanying equipment, including protective eyewear, timers, and handrails.
"Tanning facility" means a business that provides persons access to tanning devices.
§ 59.1-310.3. Notice to customers; liability.
A. A tanning facility shall give each customer a written statement warning that:
1. Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes;
2. Overexposure to ultraviolet light causes burns;
3. Repeated exposure may result in premature aging of the skin and skin cancer;
4. Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain (i) foods; (ii) cosmetics; or (iii) medications, including tranquilizers, diuretics, antibiotics, high blood pressure medicines, or birth control pills; and
5. Any person taking a prescription or over-the-counter drug should consult a physician prior to using a tanning device.
B. Prior to allowing a prospective customer to use a tanning device, the owner or his designee shall obtain on the written statement the signature of each customer on a duplicate of the written statement provided to the customer under subsection A. In addition, the owner or his designee shall obtain, every six months, the signature of the parent or legal guardian of a prospective customer who is under the age of 15 and is not emancipated under Virginia law.
C. Compliance with the notice requirements does not affect the liability of a tanning facility operator owner or a manufacturer of a tanning device.
D. The signed duplicates of the written statements provided under subsection A may be retained at a location other than the tanning facility if an electronic or facsimile image of the original is readily available at each of an owner's tanning facilities.
§ 59.1-310.5. Operational requirements.
A. A tanning facility shall have an operator present during operating hours. The operator shall be sufficiently knowledgeable in the correct operation of the tanning devices used at the facility and shall inform and assist each customer in the proper use of the tanning device.
B. The owner or his designee shall identify the skin type of the customer based on the Fitzpatrick scale, document the skin type of the customer, and advise the customer of the customer's maximum time of recommended exposure in the tanning device.
C. Before each use of a tanning device, the operator shall provide the customer with properly sanitized protective eyewear that protects the eyes from ultraviolet radiation and allows adequate vision to maintain balance. The operator shall not allow a person to use a tanning device if that person has not been provided protective eyewear. The operator shall also instruct each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer of the tanning device.
D. After each use of a tanning device, the owner or his designee shall clean the device with a cleaner or sanitizer capable of killing bacteria from any previous use.
C E. The tanning facility shall use a timer with an accuracy of at least plus or minus ten percent of any selected time interval. The facility shall limit the exposure time of a customer on a tanning device to the maximum exposure time recommended by the manufacturer. The facility shall control the interior temperature of a tanning device so that it may not exceed 100 degrees Fahrenheit.
D F. Either each time a customer uses a tanning facility or each time a person executes or renews a contract to use a tanning facility, the person shall sign a written statement acknowledging that the person has read and understood the required warnings before using the device and agrees to use the protective eyewear that the tanning facility provides.
G. The owner shall be responsible for ensuring that each customer using the tanning facility is of legal age to do so.
H. A tanning facility shall not claim, or distribute promotional material that claims that the use of a tanning device is safe, is without risk, or will result in medical or health benefits.

[Editor-in-Chief]

02/06/07 Senate: VOTE: (40-Y 0-N)
02/21/07 House: VOTE: PASSAGE (84-Y 13-N)
03/07/07 Senate: Enrolled
03/07/07 Senate: Bill text as passed Senate and House (SB1231ER)
03/07/07 House: Signed by Speaker
03/08/07 Senate: Signed by President
03/19/07 Governor: Approved by Governor-Chapter 575 (effective 7/1/07)

[Editor-in-Chief]

VIRGINIA ACTS OF ASSEMBLY -- CHAPTERAn Act to amend and reenact §§ 59.1-310.1, 59.1-310.3, and 59.1-310.5 of the Code of Virginia, relating to the operation of tanning facilities.
[S 1231]Approved
Be it enacted by the General Assembly of Virginia:
1. That §§ 59.1-310.1, 59.1-310.3, and 59.1-310.5 of the Code of Virginia are amended and reenacted as follows:
§ 59.1-310.1. Definitions.

As used in this chapter unless the context requires otherwise:
"Fitzpatrick scale" means the following scale for classifying a skin type, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season:

Skin Type: Sunburning and Tanning History
1 Always burns easily; never tans
2 Always burns easily; tans minimally
3 Burns moderately; tans gradually
4 Burns minimally; always tans well
5 Rarely burns; tans profusely
6 Never burns; deeply pigmented

"Owner" means a person who owns or operates a tanning facility.
"Person" means an individual, partnership, corporation, limited liability company or association.
"Phototherapy device" means a piece of equipment that emits ultraviolet radiation and that is used by a health care professional provider in the treatment of a disease.
"Tanning device" means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, including a sunlamp, tanning booth, or tanning bed. The term also includes any accompanying equipment, including protective eyewear, timers, and handrails.
"Tanning facility" means a business that provides persons access to tanning devices.

§ 59.1-310.3. Notice to customers; liability.
A. A tanning facility shall give each customer a written statement warning that:
1. Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes;
2. Overexposure to ultraviolet light causes burns;
3. Repeated exposure may result in premature aging of the skin and skin cancer;
4. Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain (i) foods; (ii) cosmetics; or (iii) medications, including tranquilizers, diuretics, antibiotics, high blood pressure medicines, or birth control pills; and
5. Any person taking a prescription or over-the-counter drug should consult a physician prior to using a tanning device.

B. Prior to allowing a prospective customer to use a tanning device, the owner or his designee shall obtain on the written statement the signature of each customer on a duplicate of the written statement provided to the customer under subsection A. In addition, the owner or his designee shall obtain, every six months, the signature of the parent or legal guardian of a prospective customer who is under the age of 15 and is not emancipated under Virginia law.

C. Compliance with the notice requirements does not affect the liability of a tanning facility operator owner or a manufacturer of a tanning device.

D. The signed duplicates of the written statements provided under subsection A may be retained at a location other than the tanning facility if an electronic or facsimile image of the original is readily available at each of an owner's tanning facilities.

§ 59.1-310.5. Operational requirements.

A. A tanning facility shall have an operator present during operating hours. The operator shall be sufficiently knowledgeable in the correct operation of the tanning devices used at the facility and shall inform and assist each customer in the proper use of the tanning device.

B. The owner or his designee shall identify the skin type of the customer based on the Fitzpatrick scale, document the skin type of the customer, and advise the customer of the customer's maximum time of recommended exposure in the tanning device.

C. Before each use of a tanning device, the operator shall provide the customer with properly sanitized protective eyewear that protects the eyes from ultraviolet radiation and allows adequate vision to maintain balance. The operator shall not allow a person to use a tanning device if that person has not been provided protective eyewear. The operator shall also instruct each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer of the tanning device.

D. After each use of a tanning device, the owner or his designee shall clean the device with a cleaner or sanitizer capable of killing bacteria from any previous use.

E. The tanning facility shall use a timer with an accuracy of at least plus or minus ten percent of any selected time interval. The facility shall limit the exposure time of a customer on a tanning device to the maximum exposure time recommended by the manufacturer. The facility shall control the interior temperature of a tanning device so that it may not exceed 100 degrees Fahrenheit.

F. Either each time a customer uses a tanning facility or each time a person executes or renews a contract to use a tanning facility, the person shall sign a written statement acknowledging that the person has read and understood the required warnings before using the device and agrees to use the protective eyewear that the tanning facility provides.

G. The owner shall be responsible for ensuring that each customer using the tanning facility is of legal age to do so.

H. A tanning facility shall not claim, or distribute promotional material that claims that the use of a tanning device is safe, is without risk, or will result in medical or health benefits.

[dcjjp1]

So according to Paragraph C about the eyewear, I can rat out my comp for charging for eyewear when it states that it must be provided? I have always provided eyewear as well as disposable if they chose to.

[Editor-in-Chief]

Maybe so but all your equipment is probably illegal:

The facility shall control the interior temperature of a tanning device so that it may not exceed 100 degrees Fahrenheit.

[dcjjp1]

Mall controlled here, it never gets above 72 with all equipment running.

[Editor-in-Chief]

New State Law: Young Teens and Tanning Beds
Posted: 7:27 PM Jun 25, 2007
Last Updated: 8:31 PM Jun 25, 2007
Reporter: Jummy Olabanji
Email Address: jummy.olabanji@wcav.tv

New State Law: Young Teens and Tanning Beds

June 25, 2007

New state laws passed by the general assembly go into effect on July 1st and one of those laws is targeted at potential health risks for young people.

The most recent law in Virginia is aimed at underage teens that enjoy indoor tanning.

if (self['plpm'] && plpm['Mid-Story Ad']) document.write('');if (self['plpm'] && plpm['Mid-Story Ad']){ document.write(plpm['Mid-Story Ad']);} else { if(self['plurp'] && plurp['97']){} else {document.write(''); } }if (self['plpm'] && plpm['Mid-Story Ad']) document.write('');"I don't have a problem with that. I think that when they are older they have their own prerogative to do that, but at fifteen they can't make that decision themselves whether it’s healthy or not," said Andrea Zullo.

Zullo isn't a huge fan of indoor tanning, but she does have an older teenage daughter who she let tan for high school prom.

Zullo said, "I’ve done it in the past so I didn't think it would be too harmful if she didn't make a habit of it. But she did ask me first and I was surprised that the tanning salon didn't need my permission."
The law says that before a customer can use a tanning device, the salon must get a parental signature every six months for anyone who is under the age of fifteen.

“I think the general idea would by that this is something that actually has health affects on young people and so just like with piercing and with tattoos we said we do want to have your pants say that its okay before you do go in a tanning salon because there’s affects obviously on skin health and there’s some issues about cancer risks and what not," said delegate rob bell.

Virginia will join 25 other states on placing limits on teens seeking a bronze glow from a tanning bed.

There are an estimated thirty million tanning customers in America and one million new cases of skin cancer every year.

According to the academy of dermatology, one million people using tanning beds daily and 70% of those are white females ages 15 to 49.

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