as amended, Bloom.
begin deleteState Athletic Commission Act. end delete
Under existing law, the State Athletic Commission Act, the State Athletic Commission has jurisdiction over all professional and amateur boxing, professional and amateur kickboxing, all forms and combinations of forms of full contact martial arts contests, including mixed martial arts, and matches or exhibitions conducted, held, or given within this state. Under existing law, any person or promoter who directly or indirectly holds, aids, or abets, or attempts to hold, aid, or abet the holding of, any contest, match, or exhibition without first having obtained a license or permit is guilty of a misdemeanor.end delete
This bill would make nonsubstantive changes to that provision.end delete
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
All records required by law to be kept by tanning
17facilities subject to the Filante Tanning Facility Act of 1988
18(Chapter 23 (commencing with Section 22700) of Division 8),
19including, but not limited to, records relating to written warning
20statements, the sign required to be posted, the qualifications of
21facility operators, statements of acknowledgment,
begin delete parental consent and injury reports, shall be open to inspection by the
begin delete boardend delete
23, or its authorized
24representatives, during any inspection, or during any investigation
25initiated in response to a complaint that the tanning facility has
26violated any provision of the Filante Tanning Facility Act of 1988.
27A copy of any or all of those records shall be provided to the
begin delete boardend delete
28, or its authorized
29representatives, immediately upon request.
(a) Any representative of the
begin delete boardend delete designated by the begin delete directorend delete shall have the
34authority to issue a written notice to appear in court pursuant to
35Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2
36of the Penal Code. Representatives so designated are not peace
37officers and are not entitled to safety member retirement benefits,
38as a result of that designation. Except as otherwise provided, the
39representative’s authority is limited to the issuance of written
40notices to appear for infraction violations of the Filante Tanning
P4 1Facility Act of 1988 and only when the violation is committed in
2the presence of the representative.
3(b) There shall be no civil liability on the part of, and no cause
4of action shall arise against, any representative, acting pursuant to
5subdivision (a) and within the scope of his or her authority, for
6false arrest or false imprisonment arising out of any arrest which
7is lawful or which the representative, at the time of that arrest, had
8reasonable cause to believe was lawful.
9(c) This section shall become effective July 1, 1994.
begin delete boardend delete, and its
13authorized representatives, may disseminate information to tanning
14facilities regarding compliance with the Filante Tanning Facility
15Act of 1988.
begin delete boardend delete may
19adopt regulations concerning the operation of tanning facilities in
As used in this chapter:
24(a) “Tanning facility” means any location, place, area, structure,
25or business that provides persons access to any tanning device.
26(b) “Department” means the Department of
begin delete Consumer .
28(c) “Phototherapy device” means equipment that emits
29ultraviolet radiation used by a health care professional in the
30treatment of disease.
31(d) “Tanning device” means an ultraviolet tanning device and
32any accompanying equipment, including, but not limited to,
33protective eyewear, timers, and handrails.
34(e) “Ultraviolet tanning device” means equipment that emits
35electromagnetic radiation with wavelengths in the air between 200
36and 400 nanometers used for tanning of the skin, including, but
37not limited to, a sunlamp, tanning booth, or tanning bed.
Any tanning device used by a tanning facility shall
22comply with all applicable federal laws and regulations.
(a) A tanning facility shall
begin delete give each customer, prior
27to the customer’s use of an ultraviolet tanning device, a written
28statement warning that:end delete
37(1) Not wearing the eye protection provided to the customer by
38the tanning center may cause damage to the eyes.
39(2) Overexposure causes burns.
P7 1(3) Repeated exposure may cause premature aging of the skin
2and skin cancer.
3(4) Abnormal skin sensitivity or burning may be caused by
7(C) Medications, including, but not limited to, the following:
11(iv) High blood pressure medicines.
12(v) Birth control pills.
13(5) Any person taking a prescription or over-the-counter drug
14should consult a physician before using an ultraviolet tanning
16(6) Any person with skin that burns easily should avoid an
17ultraviolet tanning device.
18(7) Any person with a family history or past medical history of
19skin cancer should avoid an ultraviolet tanning device.
23(b) A tanning facility shall conspicuously post a warning sign
24in any area where an ultraviolet tanning device is used that is
25readily visible to a person using an ultraviolet tanning device. The
26sign shall read as follows:
301. Follow instructions.end delete
392. Avoid too frequent or too lengthy exposure. As with natural
40sunlight, exposure can cause eye and skin injury and allergic
P8 1reactions. Repeated exposure may cause chronic sun damage
2characterized by wrinkling, dryness, fragility and bruising of the
3skin, and skin cancer.
43. Wear protective eyewear.
5FAILURE TO USE PROTECTIVE EYEWEAR
6MAY RESULT IN SEVERE BURNS OR
7LONG-TERM INJURY TO THE EYES.
84. Ultraviolet radiation from sunlamps will aggravate the effects
9of the sun. Therefore, do not sunbathe before or after exposure to
10 ultraviolet radiation.
115. Medications or cosmetics may increase your sensitivity to
12ultraviolet radiation. Consult a physician before using a sunlamp
13if you are using medications, have a history of skin problems, or
14believe you are especially sensitive to sunlight. Pregnant women
15or women on birth control pills who use this product may develop
17IF YOU DO NOT TAN IN THE SUN YOU WILL
18NOT TAN FROM USE OF THIS DEVICE.
20 A tanning facility may include in the warning sign described
21in subdivision (b) the following statement: “Spray on tans and
22other sunless tanning products are not subject to the same effects
23as ultraviolet tanning devices.”
25 A tanning facility shall not claim, or distribute promotional
26materials that claim, that using an ultraviolet tanning device is safe
27or free from risk or that indoor tanning has any known health
30 The liability of a tanning facility operator or a manufacturer
31of an ultraviolet tanning device is not changed by giving the
32warning under this section.
(a) A tanning facility shall:
11(1) Have an operator present during operating hours who is
12sufficiently knowledgeable in the correct operation of the tanning
13devices used at the facility so that he or she is able to inform and
14assist each customer in the proper use of the tanning devices.
16(2) Before each use of an ultraviolet tanning device, provide
17each customer with properly sanitized protective eyewear that
18protects the eye from ultraviolet radiation and allows adequate
19vision to maintain balance; and not allow a person to use an
20ultraviolet tanning device if that person does not use the protective
22(3) Show each customer how to use suitable physical aids, such
23as handrails and markings on the floor, to maintain proper exposure
24distance as recommended by the manufacturer.
25(4) Use a timer on an ultraviolet tanning device that has an
26accuracy of plus or minus 10 percent of any selected timer interval.
27The timer shall also be remotely located so that customers cannot
28set their own exposure time.
29(5) Limit each customer using an ultraviolet tanning device to
30the maximum exposure time as recommended by the manufacturer.
31(6) Control the interior temperature of a tanning facility so that
32it does not exceed 100 degrees Fahrenheit.
33(b) (1) Every person who uses a tanning facility shall sign a
34written statement acknowledging that he or she has read and
35understood the warnings before using the device; and agrees to
36use the protective eyewear that the tanning facility provides. The
37statement of acknowledgment shall be retained by the tanning
38facility until the end of the calendar year at which time each person
39who is a current customer of the facility shall be required to renew
P11 1(2) Whenever using a tanning device a person shall use the
2protective eyewear that the tanning facility provides.
3(3) Persons under 18 years of age are prohibited from using an
4ultraviolet tanning device.
5(4) Proof of age shall be satisfied with a driver’s license or
6government issued identification containing the date of birth and
7a photograph of the individual.
If a patron is injured whereupon he or she must seek
11medical attention, a tanning facility shall do the following:
12(a) Report any injury to the department.
14(b) Send a copy of the injury report to the person who is injured.
15(c) Send a copy of the injury report to the
begin delete Federalend delete
16and Drug Administration.
As used in this chapter:
20(a) “Secretary” means the Secretary of the Resources Agency.
21(b) “Ionizing radiation” means gamma rays and X-rays; alpha
22and beta particles, high-speed electrons, neutrons, protons, and
23other nuclear particles; but not sound or radio waves, or visible,
24infrared, or ultraviolet light.
25(c) “Person” means any individual, corporation, partnership,
26limited liability company, firm, association, trust, estate, public or
27private institution, group, agency, political subdivision of this state,
28any other state or political subdivision or agency thereof, and any
29legal successor, representative, agent, or agency of the foregoing,
30other than the United States Nuclear Regulatory Commission, the
31United States Department of Energy, or any successor thereto, and
32other than federal government agencies licensed by the United
33States Nuclear Regulatory Commission, under prime contract to
34the United States Department of Energy, or any successor thereto.
35(d) “Byproduct material” means any radioactive material, except
36special nuclear material, yielded in, or made radioactive by
37exposure to the radiation incident to, the process of producing or
38utilizing special nuclear material.
39(e) “Source material” means (1) uranium, thorium, or any other
40material which the department declares by rule to be source
P12 1material after the United States Nuclear Regulatory Commission,
2or any successor thereto, has determined the material to be such;
3or (2) ores containing one or more of the foregoing materials, in
4such concentration as the department declares by rule to be source
5material after the United States Nuclear Regulatory Commission,
6or any successor thereto, has determined the material in such
7concentration to be source material.
8(f) “Special nuclear material” means (1) plutonium, uranium
9233, uranium enriched in the isotope 233 or in the isotope 235,
10and any other material which the department declares by rule to
11be special nuclear material after the United States Nuclear
12Regulatory Commission, or any successor thereto, has determined
13the material to be such, but does not include source material; or
14(2) any material artificially enriched by any of the foregoing, but
15does not include source material.
16(g) “General license” means a license, pursuant to regulations
17promulgated by the department, effective without the filing of an
18application, to transfer, acquire, own, possess or use quantities of,
19or devices or equipment utilizing, byproduct, source, or special
20nuclear materials or other radioactive material occurring naturally
21or produced artificially.
22(h) “Specific license” means a license, issued after application,
23to use, manufacture, produce, transfer, receive, acquire, own, or
24possess quantities of, or devices or equipment utilizing, byproduct,
25source, or special nuclear materials or other radioactive material
26occurring naturally or produced artificially.
27(i) “Registration” means the reporting of possession of a source
28of radiation and the furnishing of information with respect thereto,
29in accordance with subdivision (b) of Section 115060.
30(j) “Department” means the State Department of
begin delete Servicesend delete.
32(k) “Director” means the State
begin delete Director ofend delete Health
begin delete Servicesend delete.
35 “Federal research and development
activity” means any
36activity of the Secretary of Energy conducted at any research
37facility owned or operated by the United States Department of
39(m) “Low-level waste” means radioactive waste not classified
40as high-level radioactive waste, transuranic waste, spent nuclear
P13 1fuel, or the byproduct material defined in Section 11(e)(2) of the
2Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)). For
3purposes of this subdivision, the following definitions shall apply:
4(1) “High-level radioactive waste” means either of the following:
5(A) The highly radioactive material resulting from the
6reprocessing of spent nuclear fuel, including liquid waste produced
7directly in reprocessing and any solid material derived from this
8liquid waste that contains fission products in sufficient
10(B) Other highly radioactive material that the Nuclear
11Regulatory Commission, consistent with existing law, determines
12by rule requires permanent isolation.
13(2) “Spent nuclear fuel” means fuel that has been withdrawn
14from a nuclear reactor following irradiation, the constituent
15elements of which have not been separated by reprocessing.
16(3) “Transuranic waste” means any waste containing more than
17100 nanocuries of alpha emitting transuranic nuclides with half-life
18greater than five years per gram of waste material.
19(n) “Mammogram” means an X-ray image of the human breast.
20(o) “Mammography” means the procedure for creating a
22(p) “Mammography quality assurance” means the detection of
23a change in X-ray and ancillary equipment that adversely affects
24the quality of films and the glandular radiation dose, and the
25correction of this change.
26(q) “Mammogram certification” means a certification, issued
27by the department after registration, that the equipment dedicated
28to or used for mammography meets the standards prescribed
29pursuant to this chapter.
The average inspection frequency for ionizing radiation
36machines shall be once each year for mammography X-ray units
37, once every three years for
38high-priority sources of ionizing radiation, and once every four
39and one-quarter years for medium-priority sources. Sources of
40ionizing radiation used in dentistry shall be screened for defects
P14 1by mail or other offsite methodology not less frequently than once
2every five years, with physical inspection of the 50 percent,
3determined by the department to be most in need of inspection, to
4average at least once every six years.
Section 18870 of the Business and Professions
15Code is amended to read:
Any person or promoter to whom this chapter applies
17who directly or indirectly holds, aids or abets, or attempts to hold,
18aid or abet the holding of, any contest, match, or exhibition without
19first having obtained a license or permit under this chapter, is guilty
20of a misdemeanor.