HB0452ham001 94TH GENERAL ASSEMBLY

Rep. Kevin Joyce

Filed: 3/10/2005

09400HB0452ham001 LRB094 06048 DRJ 43035 a

AMENDMENT TO HOUSE BILL 452

AMENDMENT NO. ______. Amend House Bill 452 by replacing everything after the enacting clause with the following:

"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 allow any minor under 14 years of age to use a tanning device, either alone or in the presence of another individual. Before allowing a minor who is at least 14 years of age but less than 18 years of age to have access to a tanning device, a tanning facility must obtain the written consent of a parent or legal guardian of the minor consenting to the minor's use of the tanning device. The parent or legal guardian must sign the consent form in the presence of a tanning facility operator who is not a minor, indicating that the parent or guardian has read and understood the warnings required under subsection (h) of Section 20 or in rules adopted by the Department. The parent or guardian shall not be required to be in the tanning room or booth with the minor.

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