It is enacted by the General Assembly as follows:

SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:

{ADD 23-68-1. Short title. -- This act may be cited as the Tanning Facility Safety Standards Act. ADD}

{ADD 23-68-2. Legislative findings. -- The legislature finds that:

(1) Various physical complications may arise from frequent and unsupervised use of tanning facilities such as exposure to ultraviolet radiation which can cause severe sunburn and eye injury including cataracts and corneal damage; and

(2) Repeated exposure to ultraviolet light in tanning facilities may also cause premature aging of the skin, skin cancers and abnormal skin sensitivity in persons who may be using certain drugs including some tranquilizers, diuretics, antibiotics, high blood pressure medicines and birth control pills.

It is therefore, desirable that citizens are protected against any problems which may result from improperly functioning equipment in tanning facilities, and, given the potential for harm that is presented by establishments using artificial suntan sources, it is imperative that effective minimum safety standards in this health area be established. ADD}

{ADD 23-68-3. Definitions. -- As used in this act, "tanning facility" means any location, place, area, structure or business that either as a sole service or in conjunction with other services, provides patrons with access to sunlamps, ultraviolet lamps or other equipment intended to induce skin tanning through the irradiation of any part of the human body for cosmetic or non medical purposes. ADD}

{ADD 23-68-4. Safety standards established. -- The director of the department of health shall, by regulation, establish minimum safety standards for tanning facilities. The standards shall include, but not be limited to:

(1) Establishment of a maximum safe time of exposure to radiation and a maximum safe temperature at which tanning devices may be operated;

(2) A requirement that a timer device be incorporated into each tanning device;

(3) A requirement that a patron at a tanning facility wear protective eye glasses when using tanning equipment and that a patron be supervised as to the length of time the patron uses tanning equipment at the facility;

(4) Requiring that the facility operator post easily legible, permanent warning signs near the tanning equipment which states: "Danger--Ultra-violet radiation. Follow all instructions. Avoid overexposure"; as well as a list, prepared by the director of the department of health, of prescription and non-prescription drugs which may cause photosensitivity in patients using a tanning center; and

(5) Require that the facility have protective shielding for tanning equipment in the facility. ADD}

{ADD 23-68-5. Certification of facilities. -- The director of the department of health shall certify that a facility is in compliance with the safety standards established pursuant to section 23-68-4 and shall annually inspect the facility to ensure continued compliance with safety standards herein enumerated. ADD}

{ADD 23-68-6. Registration of facilities. -- (a) A tanning facility shall register annually with the department of health on forms provided by said department and shall pay to said department an annual registration fee established by said director for said license.

(b) The director of the department of health shall establish a registration fee schedule, by regulation, to cover the costs of implementing the provisions of this act, including the costs incurred by said director pursuant to the provisions of section 5 hereof. ADD}

{ADD 23-68-7. Penalties. -- Any person, firm or corporation who violates the provisions of this act shall be punished by a fine not to exceed five hundred dollars ($500) for the first offense and by a fine of not more than one thousand dollars ($1,000) for each subsequent offense. ADD}

{ADD 23-68-8. Rules and regulations. -- The director of the department of health shall promulgate rules and regulations necessary to carry out the purposes of this act. ADD}

SECTION 2. This act shall take effect upon passage.