BILL NUMBER: SB 746	CHAPTERED
	BILL TEXT

	CHAPTER  664
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2011
	APPROVED BY GOVERNOR  OCTOBER 9, 2011
	PASSED THE SENATE  SEPTEMBER 2, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2011
	AMENDED IN ASSEMBLY  AUGUST 30, 2011
	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator Lieu

                        FEBRUARY 18, 2011

   An act to amend Section 22706 of, and to add Section 2241.3 to,
the Business and Professions Code, relating to tanning facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 746, Lieu. Tanning facilities.
   Existing law, the Filante Tanning Facility Act of 1988, provides
for the regulation of tanning facilities by the Department of
Consumer Affairs, and a violation of the act is a crime. Existing law
prohibits persons under 14 years of age from using an ultraviolet
tanning device and prohibits persons between 14 and 18 years of age
from using that device without specified consent from a parent or
legal guardian. The act does not apply to a phototherapy device, as
defined, used by or under the direct supervision of a qualified
physician and surgeon.
   Existing law, the Medical Practice Act, provides for the licensure
and regulation of physicians and surgeons by the Medical Board of
California. Existing law authorizes a physician and surgeon to
prescribe, dispense, furnish, or administer prescription drugs
subject to specified requirements.
   This bill would eliminate the consent option regarding persons
between 14 and 18 years of age described above and would prohibit
persons under 18 years of age from using an ultraviolet tanning
device. By expanding the scope of a crime, the bill would impose a
state-mandated local program.
   The bill would specify that nothing shall preclude a physician and
surgeon from prescribing the use of a phototherapy device to a
patient of any age.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2241.3 is added to the Business and Professions
Code, to read:
   2241.3.  Notwithstanding any other provision of law, nothing shall
preclude a physician and surgeon from prescribing the use of a
phototherapy device to a patient of any age. For purposes of this
section, the term "phototherapy device" shall have the same meaning
as in Section 22702.
  SEC. 2.  Section 22706 of the Business and Professions Code is
amended to read:
   22706.  (a) A tanning facility shall:
   (1) Have an operator present during operating hours who is
sufficiently knowledgeable in the correct operation of the tanning
devices used at the facility so that he or she is able to inform and
assist each customer in the proper use of the tanning devices.
   (2) Before each use of an ultraviolet tanning device, provide each
customer with properly sanitized protective eyewear that protects
the eye from ultraviolet radiation and allows adequate vision to
maintain balance; and not allow a person to use an ultraviolet
tanning device if that person does not use the protective eyewear.
   (3) Show 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.
   (4) Use a timer on an ultraviolet tanning device that has an
accuracy of plus or minus 10 percent of any selected timer interval.
The timer shall also be remotely located so that customers cannot set
their own exposure time.
   (5) Limit each customer using an ultraviolet tanning device to the
maximum exposure time as recommended by the manufacturer.
   (6) Control the interior temperature of a tanning facility so that
it does not exceed 100 degrees Fahrenheit.
   (b) (1) Every person who uses a tanning facility shall sign a
written statement acknowledging that he or she has read and
understood the warnings before using the device; and agrees to use
the protective eyewear that the tanning facility provides. The
statement of acknowledgment shall be retained by the tanning facility
until the end of the calendar year at which time each person who is
a current customer of the facility shall be required to renew that
acknowledgment.
   (2) Whenever using a tanning device a person shall use the
protective eyewear that the tanning facility provides.
   (3) Persons under 18 years of age are prohibited from using an
ultraviolet tanning device.
   (4) Proof of age shall be satisfied with a driver's license or
other government issued identification containing the date of birth
and a photograph of the individual.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.