HB 1610

I. Requires that tanning facilities be granted a license by the department of health and human services before providing access to consumers to any tanning device.

II. Prohibits the use of tanning facilities by minors under the age of 14, and requires that minors age 14 to 17 produce written consent by a parent or legal guardian before using tanning facilities.

IV. Requires written warning statements be provided by tanning facilities to their customers.

VI. Requires the department to adopt rules necessary for the implementation and enforcement of this act.

VII. Requires the department to establish requirements for the operation of tanning facilities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Tanning Facilities. Amend RSA by inserting after chapter 314-A the following new chapter:

I. "Consumer" means any member of the public who is provided access to a tanning facility in exchange for a fee or other compensation, or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning facility as a condition or benefit of membership or access.

III. "Phototherapy device" means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease.

IV. "Tanning device" means any equipment that emits electromagnetic radiation used for tanning of the skin, including, but not limited to a sunlamp, tanning booth, or tanning bed. Tanning device also means any accompanying equipment, including, but not limited to, protective eyewear, timers, and handrails.

V. "Tanning facility" means any location, place, structure, or business which provides access to any tanning device.

314-B:3 Exemptions. The following devices are exempt from the requirements of this chapter:

I. Phototherapy devices used by or under the direct supervision of a licensed physician who is trained in the use of phototherapy devices.

II. Tanning devices which are used exclusively for personal, noncommercial purposes, by the owner, member of the owners family, or persons authorized by the owner to use the device.

314-B:4 License Required. No access shall be provided to any tanning device by a tanning facility until the facility has been granted a license by the department. Each license granted under this chapter shall expire one year from the date of its issue. The fee for each such license shall be determined by rules adopted by the department under RSA 130-B:8, II.

I. No person under 14 years of age shall use a tanning device unless accompanied by a parent or legal guardian.

II. No person 14 years of age to 17 years of age, inclusive, shall use a tanning device without the prior written consent of a parent or legal guardian who shall indicate that such parent or guardian has read and understands the warnings required under this chapter.

314-B:6 Warning Signs. A tanning facility shall post the following warning signs that describe the hazards associated with the use of tanning devices:

I. A warning sign in a conspicuous location readily visible to persons entering the tanning facility. The sign shall comply with rules adopted by the department.

II. A warning sign for each tanning device, in a conspicuous location readily visible to a person preparing to use the device. The sign shall comply with rules adopted by the department.

314-B:7 Written Warning Statements. A tanning facility shall provide each consumer with a written warning statement that complies with rules adopted by the department.

I. Establish requirements for the operation of tanning facilities, including, but not limited to, proper sanitation of tanning devices, provisions of proper equipment, the presence of knowledgeable operators during operating hours, and the use of accurate times and temperature controls.

II. Adopt rules, under RSA 541-A, necessary for the implementation and enforcement of this chapter, including but not limited to rules relating to the operation and use of tanning devices and rules regarding the warning signs required to be posted by a tanning facility.

I. The department shall have access at all reasonable times to any tanning facility to inspect the facility to determine if this chapter is being violated.

II. A tanning facility shall not claim, or distribute promotional materials that claim, that using a tanning device is safe or free from risk.

III. A person who operates or uses a tanning device or facility in violation of this chapter or of any rule adopted pursuant to this chapter shall be guilty of a misdemeanor.

IV. If the department finds that a person has violated, or is violating or threatening to violate this chapter, the department may petition the district court for a temporary restraining order to restrain the violation or threat of violation.

V. On application for injunctive relief and a finding that a person is violating or threatening to violate this chapter, the district court shall grant any injunctive relief warranted by the facts.

The Department of Health and Human Services indicates this bill will increase state revenue by $15,000 in FY 2002 and each year thereafter, and increase state expenditures by $27,605 in FY 2002, $44,625 in FY 2003, and $46,280 in FY 2004. There is no fiscal impact on county and local revenue or expenditures.

The Department assumed state revenues would increase by $15,000 per year, beginning in FY 2002, based on an estimated 150 commercial tanning facilities, and an annual license fee of $100 per facility.

The Department assumed state expenditures would increase to license these facilities. Included in the estimated increase is a new position, Health Care Facilities Program Reviewer, and benefits. This position, set at a labor grade 18, would be responsible for writing rules, implementing rules, statewide facility inspections, complaint investigations, and performing administrative and corrective actions. Additional expenditures include start-up equipment, supplies, and mileage. The table below summarizes the estimated expenditures. The Department assumes in the first year of implementation that only six months of expenditures would be required.

FY 2002 FY 2003 FY 2004

Labor Grade 18 Position (mid-scale) $14,460 $30,210 $31,475

Benefits @ 31% 4,485 9,365 9,755

Start-up Equipment 5,410 - -

Office Expense & Supplies 1,450 1,450 1,450

Mileage 1,800 3,600 3,600

Total $27,605 $44,625 $46,280