Public Act 098-0349
 
HB0188 EnrolledLRB098 04102 RPM 34125 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
    Section 5. The Tanning Facility Permit Act is amended  by 
changing Section 25 as follows:
 



    (210 ILCS 145/25)  (from Ch. 111 1/2, par. 8351-25)



    Sec. 25. Operating requirements. 
    (1) Each tanning facility shall have on
hand at all times 
an operator adequately trained in the correct operation
of the 
facility so as to be able to inform and assist the public in 
its
proper use. Each operator shall perform the following 
functions as a
precondition to the public having access to the 
tanning facility being
made to the public:

        (a) The operator shall require each person desiring to 
    use the facility
to fill out a form specifying any and all 
    prescription medicines and
over-the-counter medications 
    they are presently taking. The form shall be
kept as a 
    permanent record of the individual's attendance and 
    progress.

        (b) The operator shall require each person desiring to 
    use a tanning
facility to use protective eyewear.

        (c) The operator shall instruct the user in the proper 
    position to
maintain in relation to the tanning lamps 
    within the facility; the position
of the safety railing, if 
    applicable; the manual switching device to
terminate the 
    radiation in case of emergency; and a recommended time of

    exposure.

        (d) The operator shall monitor the use of the facility 
    to ensure that
the interior temperature does not exceed 100 
    degrees fahrenheit or
34 degrees centigrade.

        (e) The operator shall inspect the facility to ensure 
    that the floors
are dry. The floors are to be made dry 
    prior to each individual's use.

        (f) The operator shall give each person using the 
    facility a written copy of
the warning required under 
    subsection (h) of Section 20 of this Act prior
to each 
    person's use of the facility.  The operator shall post signs

    warning consumers of the potential effects of radiation on 
    persons taking
medication and the relationship of 
    radiation to skin cancer.

        (g) The operator shall be responsible for proper 
    sanitizing procedures
for all sunlamp equipment and 
    protective eyewear between every user.
    (2) A tanning facility may not permit any person less than 
18 years of age, regardless of whether the person has the 
permission of a parent or guardian, to use tanning equipment or 
a device defined as equipment that emits ultraviolet (UV) 
radiation used for tanning of the skin, such as a sunlamp, 
tanning booth, or tanning bed that emits electromagnetic 
radiation with wavelengths in the air between 200 and 400 
nanometers. For the purposes of this Section, "tanning 
equipment" includes any accompanying equipment, such as 
protective eyewear, timers, and handrails.  "Tanning equipment" 
does not include any of the following:
        (a) Phototherapy devices utilized by appropriate 
    health care professionals under the direct supervision of a 
    physician who is trained in the use of phototherapy 
    devices.
        (b) Devices used for personal use in a private 
    residence.
        (c) Devices intended for purposes other than the 
    irradiation of human skin.
        (d) Devices used to apply chemicals to the skin to 
    achieve a bronze color, commonly referred to as spray-on, 
    mist-on, or sunless tans.


(Source: P.A. 87-636.)