BILL NUMBER: AB 1464 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Bloom
FEBRUARY 27, 2015
An act to amend Section 18870 of the Business and
Professions Code, relating to business. An act to
amend Sections 7414.1, 7414.3, 7414.4, 7414.6, 22702, 22704, 22705,
22706, and 22707 of, and to add Sections 22704.5, 22704.7, and
22705.5 to, the Business and Professions Code , and to
amend Sections 114985 and 115085 of the Health and Safety Code,
relating to tanning.
LEGISLATIVE COUNSEL'S DIGEST
AB 1464, as amended, Bloom. State Athletic Commission
Act. Tanning.
Existing law, the Filante Tanning Facility Act of 1988, provides
for the regulation of tanning facilities by the Department of
Consumer Affairs. A violation of the act is a crime. Existing law,
the Radiation Control Law, requires the State Department of Public
Health to regulate the use and control of radiologic materials. A
violation of the Radiation Control Law, or a regulation adopted
pursuant to that law, is a crime.
This bill would require the State Department of Public Health to
license and regulate the owners of tanning facilities, as specified,
and to administer the provisions that regulate tanning facilities.
The bill would impose a licensure fee on the owners of tanning
facilities, to be deposited into a newly created fund, subject to
appropriation. The bill would require tanning device operators to
receive training in the operation of tanning equipment, as specified,
and would require the State Department of Public Health to adopt
regulations to implement those training requirements. The bill would
make changes to the Radiation Control Law to impose additional
inspection requirements for nonionizing radiation devices, as
defined. The bill would make conforming changes to related
provisions.
By extending the application of a crime pursuant to the Filante
Tanning Facility Act of 1988 and the Radiation Control Law, this bill
would impose a state-mandated local program.
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.
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.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be
cited, as the NonIonizing Radiation Protection Act.
SEC. 2. In enacting this act, the Legislature
finds and declares all of the following:
(a) In May 2014, the federal Food and Drug Administration issued a
final order reclassifying sunlamp products and ultraviolet (UV)
lamps intended for use in sunlamp products from low-risk (class I) to
moderate-risk (class II) devices, requiring that sunlamp products
carry a visible black-box warning on the device that explicitly
states that the sunlamp product should not be used on persons under
18 years of age, and requiring that marketing materials for sunlamp
products and UV lamps include additional and specific warning
statements and contraindications.
(b) The public health interest requires that the people of this
state be protected from excessive and improper exposure to
nonionizing radiation.
(c) In order to provide that protection, it is necessary to
require increased inspections and calibration of tanning devices that
are located in tanning parlors, fitness facilities, and other
settings.
(d) It is the purpose of this act to establish tanning equipment
inspection and safety standards and standards of education, training,
and experience for persons who use nonionizing radiation on human
beings, and to prescribe means for ensuring that these standards are
met.
SEC. 3. Section 7414.1 of the Business
and Professions Code is amended to read:
7414.1. All records required by law to be kept by tanning
facilities subject to the Filante Tanning Facility Act of 1988
(Chapter 23 (commencing with Section 22700) of Division 8),
including, but not limited to, records relating to written warning
statements, the sign required to be posted, the qualifications of
facility operators, statements of acknowledgment, parental
consent forms, and injury reports, shall be open to
inspection by the board State Department of
Public Health , or its authorized representatives, during any
inspection, or during any investigation initiated in response to a
complaint that the tanning facility has violated any provision of the
Filante Tanning Facility Act of 1988. A copy of any or all of those
records shall be provided to the board State
Department of Public Health , or its authorized
representatives, immediately upon request.
SEC. 4. Section 7414.3 of the Business
and Professions Code is amended to read:
7414.3. (a) Any representative of the board
State Department of Public Health designated by the
director officer shall have the
authority to issue a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code. Representatives so designated are not peace officers
and are not entitled to safety member retirement benefits, as a
result of that designation. Except as otherwise provided, the
representative's authority is limited to the issuance of written
notices to appear for infraction violations of the Filante Tanning
Facility Act of 1988 and only when the violation is committed in the
presence of the representative.
(b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any representative, acting pursuant
to subdivision (a) and within the scope of his or her authority, for
false arrest or false imprisonment arising out of any arrest which is
lawful or which the representative, at the time of that arrest, had
reasonable cause to believe was lawful.
(c) This section shall become effective July 1, 1994.
SEC. 5. Section 7414.4 of the Business
and Professions Code is amended to read:
7414.4. The board State Department of
Public Health , and its authorized representatives, may
disseminate information to tanning facilities regarding compliance
with the Filante Tanning Facility Act of 1988.
SEC. 6. Section 7414.6 of the Business
and Professions Code is amended to read:
7414.6. The board State Department of
Public Health may adopt regulations concerning the operation of
tanning facilities in licensed establishments.
SEC. 7. Section 22702 of the Business
and Professions Code is amended to read:
22702. As used in this chapter:
(a) "Tanning facility" means any location, place, area, structure,
or business that provides persons access to any tanning device.
(b) "Department" means the State Department of
Consumer Affairs Public Health .
(c) "Phototherapy device" means equipment that emits ultraviolet
radiation used by a health care professional in the treatment of
disease.
(d) "Tanning device" means an ultraviolet tanning device and any
accompanying equipment, including, but not limited to, protective
eyewear, timers, and handrails.
(e) "Ultraviolet tanning device" means equipment that emits
electromagnetic radiation with wavelengths in the air between 200 and
400 nanometers used for tanning of the skin, including, but not
limited to, a sunlamp, tanning booth, or tanning bed.
(f) "Tanning device operator" means any person who is designated
by the owner of a tanning facility to operate, or assist and instruct
a customer in the operation and use of, the tanning facility or
tanning equipment. "Tanning device operator" includes, but is not
limited to, a tanning device operator who conducts one or more of the
following activities:
(1) Determines consumer's skin type.
(2) Determines the suitability of prospective consumers for
tanning equipment use.
(3) Informs the consumer of dangers of ultraviolet radiation
exposure, including photoallergic reactions and photosensitizing
agents.
(4) Ensures that the consumer reads and properly signs all forms
as required by this chapter.
(5) Maintains required consumer exposure records.
(6) Recognizes and reports consumer injuries or alleged injuries
to the owner of the tanning facility.
(7) Determines the consumer's exposure schedule.
(8) Sets timers that control the duration of exposure.
(9) Instructs the consumer in the proper use of protective
eyewear.
SEC. 8. Section 22704 of the Business
and Professions Code is amended to read:
22704. Any tanning device used by a tanning facility shall comply
with all applicable state and federal laws and
regulations.
SEC. 9. Section 22704.5 is added to the
Business and Professions Code , to read:
22704.5. (a) Any person who owns and operates a tanning facility
shall be licensed by the department to operate a tanning facility.
The license shall be renewed annually.
(b) The department shall issue a license to own and operate a
tanning facility to any person who submits an application for a
license to the department and meets the following requirements:
(1) Is at least 18 years of age.
(2) Pays the licensure fee established pursuant to subdivision
(c).
(c) A licensee shall be subject to the imposition of a reasonable
fee for his or her license or license renewal, which shall not exceed
the reasonable costs to the department in implementing this chapter.
(d) There is hereby established the Tanning Facility Fund, for
purposes of depositing the moneys collected pursuant to this section.
The moneys in the fund shall be subject to appropriation by the
Legislature.
(e) The department may adopt any regulation as may be necessary to
effectuate this section.
SEC. 10. Section 22704.7 is added to the
Business and Professions Code , to read:
22704.7. (a) On or before January 1, 2017, the department shall
adopt regulations that establish training requirements for tanning
device operators. At a minimum, the training requirements shall
include training on the following procedures:
(1) Procedures for the correct operation of the tanning facility
and tanning equipment.
(2) Recognition of injury or overexposure to ultraviolet
radiation.
(3) The tanning equipment manufacturer's procedures for operation
and maintenance of the tanning equipment.
(4) The determination of skin type of customers and appropriate
determination of duration of exposure to tanning equipment.
(5) Emergency procedures to be followed in case of injury.
(b) The training requirements established pursuant to this section
shall be effective on and after January 1, 2018. A tanning device
operator who fails to meet these requirements after that date shall
not operate as a tanning device operator.
SEC. 11. Section 22705 of the Business
and Professions Code is amended to read:
22705. (a) A tanning facility shall give each customer,
prior to the customer's use of an ultraviolet tanning device, a
written statement warning that: require that each
customer read a copy of the warning established by this section and
sign a statement that the information has been read and understood.
For illiterate or visually impaired persons unable to sign their
name, the warning statement shall be read by the tanning de
vice operator, in the presence of a witness, and the witness and
the operator shall sign the statement. This warning shall be
presented to a customer prior to the customer's use of an ultraviolet
tanning device, and shall include a written statement
warning of all of the following:
(1) Not wearing the eye protection provided to the customer by the
tanning center may cause damage to the eyes.
(2) Overexposure causes burns.
(3) Repeated exposure may cause premature aging of the skin and
skin cancer.
(4) Abnormal skin sensitivity or burning may be caused by certain:
(A) Foods.
(B) Cosmetics.
(C) Medications, including, but not limited to, the following:
(i) Tranquilizers.
(ii) Diuretics.
(iii) Antibiotics.
(iv) High blood pressure medicines.
(v) Birth control pills.
(5) Any person taking a prescription or over-the-counter drug
should consult a physician before using an ultraviolet tanning
device.
(6) Any person with skin that burns easily should avoid an
ultraviolet tanning device.
(7) Any person with a family history or past medical history of
skin cancer should avoid an ultraviolet tanning device.
(8) The federal Food and Drug Administration classifies tanning
devices, such as those used in this facility, as Class II devices
that may contribute to skin cancer linked to radiation-emitting
devices.
(b) A tanning facility shall conspicuously post a warning sign in
any area where an ultraviolet tanning device is used that is readily
visible to a person using an ultraviolet tanning device. The sign
shall read as follows:
DANGER: ULTRAVIOLET RADIATION
1. Follow instructions.
1. The federal Food and Drug Administration states that people
repeatedly exposed to UV radiation should be regularly evaluated for
skin cancer and that the use of indoor tanning devices does all of
the following:
(a) Is contraindicated for use on persons under 18 years of age.
(b) Must not be used if skin lesions or open wounds are present.
(c) Should not be used on people who have had skin cancer or a
family history of skin cancer.
2. Avoid too frequent or too lengthy exposure. As with natural
sunlight, exposure can cause eye and skin injury and allergic
reactions. Repeated exposure may cause chronic sun damage
characterized by wrinkling, dryness, fragility and bruising of the
skin, and skin cancer.
3. Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR
MAY RESULT IN SEVERE BURNS OR
LONG-TERM INJURY TO THE EYES.
4. Ultraviolet radiation from sunlamps will aggravate the effects
of the sun. Therefore, do not sunbathe before or after exposure to
ultraviolet radiation.
5. Medications or cosmetics may increase your sensitivity to
ultraviolet radiation. Consult a physician before using a sunlamp if
you are using medications, have a history of skin problems, or
believe you are especially sensitive to sunlight. Pregnant women or
women on birth control pills who use this product may develop
discolored skin.
IF YOU DO NOT TAN IN THE SUN YOU WILL
NOT TAN FROM USE OF THIS DEVICE.
(c)
(d) A tanning facility may include in the warning sign
described in subdivision (b) the following statement: "Spray on tans
and other sunless tanning products are not subject to the same
effects as ultraviolet tanning devices."
(d)
(e) A tanning facility shall not claim, or distribute
promotional materials that claim, that using an ultraviolet tanning
device is safe or free from risk or that indoor tanning has any known
health benefits.
(e)
(f) The liability of a tanning facility operator or a
manufacturer of an ultraviolet tanning device is not changed by
giving the warning under this section.
SEC. 12. Section 22705.5 is added to the
Business and Professions Code , to read:
22705.5. The owner of a tanning facility shall do all of the
following:
(a) Maintain a record of each customer's total number of tanning
visits, including dates and durations of tanning exposures.
(b) In addition to the requirements set forth in Section 22707,
submit to the department a written report of injury for which medical
attention was sought or obtained from the use of tanning equipment
within five working days after occurrence. The report shall include
all of the following:
(1) The name of the affected individual.
(2) The name and location of the tanning facility involved.
(3) The nature of the actual or alleged injury.
(4) The date and duration of exposure.
(5) Any documentation of medical attention sought or obtained by
the customer.
(6) Any other information that is relevant to the actual or
alleged injury.
(c) Not allow individuals under 18 years of age to use or operate
tanning equipment.
(d) Replace defective or burned out lamps, bulbs, or filters with
a type intended for use in the affected tanning equipment, as
specified by the manufacturer's product label, such as a certified
equivalent lamp having the same spectral distribution.
(e) Replace ultraviolet lamps and bulbs, which are not otherwise
defective or damaged, at any frequency or after a certain duration of
use as may be recommended by the manufacturer of the lamps or bulbs.
(f) On and after January 1, 2018, certify to the department that
any tanning device operator in his or her employment has completed
the training requirements established pursuant to Section 22704.7.
(g) On and after January 1, 2018, allow operation of tanning
equipment only by, and in the physical presence, of a tanning device
operator who has successfully met the training requirements
established pursuant to Section 22704.7.
(h) On and after January 1, 2018, maintain a record of the
training completed by tanning device operators in his or her
employment pursuant to Section 22704.7 for inspection by authorized
representatives of the department.
(i) Make available to all employees current copies of the
following documents:
(1) The owner's license and business license.
(2) Conditions or documents incorporated into the license and
amendments thereto, if any.
(3) Proof that all tanning device operators are 18 years of age or
older.
(4) Self-certification and knowledge of, and commitment to meet,
any state law or relevant local regulation pertaining to the
operation of tanning devices.
(5) His or her business address and the address at which he or she
will perform any activity regulated by this chapter.
(j) Display, in a place readily visible to the public at the
tanning facility, his or her license issued by the department.
SEC. 13. 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 ,
subject to the training requirements set forth in Section 22704.7
.
(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. 14. Section 22707 of the Business
and Professions Code is amended to read:
22707. If a patron is injured whereupon he or she must seek
medical attention, a tanning facility shall do the following:
(a) Report any injury to the department , as required
pursuant to Section 22705.5 .
(b) Send a copy of the injury report to the person who is injured.
(c) Send a copy of the injury report to the Federal
federal Food and Drug Administration.
SEC. 15. Section 114985 of the Health
and Safety Code is amended to read:
114985. As used in this chapter:
(a) "Secretary" means the Secretary of the Resources Agency.
(b) "Ionizing radiation" means gamma rays and X-rays; alpha and
beta particles, high-speed electrons, neutrons, protons, and other
nuclear particles; but not sound or radio waves, or visible,
infrared, or ultraviolet light.
(c) "Person" means any individual, corporation, partnership,
limited liability company, firm, association, trust, estate, public
or private institution, group, agency, political subdivision of this
state, any other state or political subdivision or agency thereof,
and any legal successor, representative, agent, or agency of the
foregoing, other than the United States Nuclear Regulatory
Commission, the United States Department of Energy, or any successor
thereto, and other than federal government agencies licensed by the
United States Nuclear Regulatory Commission, under prime contract to
the United States Department of Energy, or any successor thereto.
(d) "Byproduct material" means any radioactive material, except
special nuclear material, yielded in, or made radioactive by exposure
to the radiation incident to, the process of producing or utilizing
special nuclear material.
(e) "Source material" means (1) uranium, thorium, or any other
material which the department declares by rule to be source material
after the United States Nuclear Regulatory Commission, or any
successor thereto, has determined the material to be such; or (2)
ores containing one or more of the foregoing materials, in such
concentration as the department declares by rule to be source
material after the United States Nuclear Regulatory Commission, or
any successor thereto, has determined the material in such
concentration to be source material.
(f) "Special nuclear material" means (1) plutonium, uranium 233,
uranium enriched in the isotope 233 or in the isotope 235, and any
other material which the department declares by rule to be special
nuclear material after the United States Nuclear Regulatory
Commission, or any successor thereto, has determined the material to
be such, but does not include source material; or (2) any material
artificially enriched by any of the foregoing, but does not include
source material.
(g) "General license" means a license, pursuant to regulations
promulgated by the department, effective without the filing of an
application, to transfer, acquire, own, possess or use quantities of,
or devices or equipment utilizing, byproduct, source, or special
nuclear materials or other radioactive material occurring naturally
or produced artificially.
(h) "Specific license" means a license, issued after application,
to use, manufacture, produce, transfer, receive, acquire, own, or
possess quantities of, or devices or equipment utilizing, byproduct,
source, or special nuclear materials or other radioactive material
occurring naturally or produced artificially.
(i) "Registration" means the reporting of possession of a source
of radiation and the furnishing of information with respect thereto,
in accordance with subdivision (b) of Section 115060.
(j) "Department" means the State Department of Public
Health Services .
(k) "Director" means the State Director of
Public Health Services Officer .
( l )
(l) "Federal research and development activity" means
any activity of the Secretary of Energy conducted at any research
facility owned or operated by the United States Department of Energy.
(m) "Low-level waste" means radioactive waste not classified as
high-level radioactive waste, transuranic waste, spent nuclear fuel,
or the byproduct material defined in Section 11(e)(2) of the Atomic
Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)). For purposes of this
subdivision, the following definitions shall apply:
(1) "High-level radioactive waste" means either of the following:
(A) The highly radioactive material resulting from the
reprocessing of spent nuclear fuel, including liquid waste produced
directly in reprocessing and any solid material derived from this
liquid waste that contains fission products in sufficient
concentrations.
(B) Other highly radioactive material that the Nuclear Regulatory
Commission, consistent with existing law, determines by rule requires
permanent isolation.
(2) "Spent nuclear fuel" means fuel that has been withdrawn from a
nuclear reactor following irradiation, the constituent elements of
which have not been separated by reprocessing.
(3) "Transuranic waste" means any waste containing more than 100
nanocuries of alpha emitting transuranic nuclides with half-life
greater than five years per gram of waste material.
(n) "Mammogram" means an X-ray image of the human breast.
(o) "Mammography" means the procedure for creating a mammogram.
(p) "Mammography quality assurance" means the detection of a
change in X-ray and ancillary equipment that adversely affects the
quality of films and the glandular radiation dose, and the correction
of this change.
(q) "Mammogram certification" means a certification, issued by the
department after registration, that the equipment dedicated to or
used for mammography meets the standards prescribed pursuant to this
chapter.
(r) "Nonionizing radiation" means sound or radio waves, or
visible, infrared, or ultraviolet light, as described in subdivision
(e) of Section 22702 of the Business and Professions Code.
SEC. 16. Section 115085 of the Health
and Safety Code is amended to read:
115085. The average inspection frequency for ionizing radiation
machines shall be once each year for mammography X-ray units and
non ionizing radiation devices , once every three
years for high-priority sources of ionizing radiation, and once every
four and one-quarter years for medium-priority sources. Sources of
ionizing radiation used in dentistry shall be screened for defects by
mail or other offsite methodology not less frequently than once
every five years, with physical inspection of the 50 percent,
determined by the department to be most in need of inspection, to
average at least once every six years.
SEC. 17. 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.
SECTION 1. Section 18870 of the Business and
Professions Code is amended to read:
18870. Any person or promoter to whom this chapter applies 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 under this chapter, is
guilty of a misdemeanor.