FOR AN ACT ENTITLED, An Act to  provide for the regulation of tanning devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  Terms used in this Act mean:

             (1)    "Department," the Department of Health;

             (2)    "Phototherapy device," equipment that emits ultraviolet radiation and is used in treating disease;

             (3)    "Tanning device," equipment that emits electromagnetic radiation having wavelengths in the air between two hundred and four hundred nanometers and that is used for tanning of human skin and any equipment used with that equipment, including protective eyewear, timers, and handrails. However, the term, tanning device, does not include a phototherapy device used by a physician;

             (4)    "Tanning facility," a place or business that provides persons access to a tanning device.
     Section  2.  No person may operate a tanning facility without a permit. The holder of a permit shall display the permit in a conspicuous place at the tanning facility for which the permit is

issued. A violation of this section is a Class 2 misdemeanor.
     Section  3.  A permit applicant shall submit an application for a permit to the department on a form provided by the department with a permit fee not to exceed one hundred dollars, as established by the department by rule promulgated pursuant to chapter 1-26. The application shall include the name and complete mailing address and street address of the tanning facility and any other information reasonably required by the department for the administration of this Act.

     The department shall issue a permit to any applicant that completes the application and pays the required fee. The permit expires annually on June thirtieth and may be renewed by submitting an application for renewal and paying a renewal fee not to exceed fifty dollars, as established by the department by rule promulgated pursuant to chapter 1-26.
     Section  4.  No tanning facility may state in any advertising that the tanning facility holds a permit issued by the department to operate a tanning facility.
     Section  5.  Each tanning facility shall give to each of its customers written notice of all of the following:

             (1)    Failure to wear the eye protection provided by the tanning facility may damage the customer's eyes and cause cataracts;

             (2)    Overexposure to a tanning device causes burns;

             (3)    Repeated exposure to a tanning device may cause premature aging of the skin and skin cancer;

             (4)    Abnormal skin sensitivity or burning of the skin while using a tanning device may be caused by the following:

             (a)    Certain foods;

             (b)    Certain cosmetics;

---

             (c)    Certain medications, including tranquilizers, diuretics, antibiotics, high blood pressure medicines, and birth control pills; and

             (d)    Certain diseases;

             (5)    Any person who takes a drug should consult a physician before using a tanning device.
     Section  6.  Each tanning facility shall prominently display a sign in each area where a tanning device is used. That sign shall state the following directions and information:

             (1)    Follow instructions.

             (2)    Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of a tanning device can cause eye and skin injury and allergic reactions. Repeated exposure can cause chronic sun damage, which is characterized by wrinkling, dryness, fragility and bruising of the skin and skin cancer.

             (3)    Wear protective eyewear.

             (4)    Ultraviolet radiation from tanning devices will aggravate the effects of the sun, so do not sunbathe during the twenty-four hours immediately preceding or immediately following the use of a tanning device.

             (5)    Medications and cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a tanning device if you are using medications, have a history of skin problems or believe that your are especially sensitive to sunlight. Women who are pregnant or using birth control pills and who use a tanning device may develop discolored skin.

             (6)    If your skin does not tan when exposed to the sun it is unlikely that your skin will tan when exposed to this tanning device.
     Section  7.  A tanning facility's compliance with the requirements of sections 5 and 6 of this

Act does not relieve the owner or any employee of the tanning facility from liability for injury sustained by a customer from the use of a tanning device.
     Section  8.  Each tanning facility shall post a sign in each area where a tanning device is used stating the date on which each fluorescent tube in that tanning device was last replaced. The tanning facility shall maintain a record of the date on which each fluorescent tube is replaced.
     Section  9.  No owner or employee of a tanning facility may claim, or distribute materials that claim, that using a tanning device is free of risk.
     Section  10.  The owner of a tanning facility shall ensure that all of the following requirements are fulfilled:

             (1)    No customer under eighteen years of age is permitted to use the tanning facility;

             (2)    During operating hours there is present at the tanning facility a trained operator who is able to inform customers about, and assist customers in, the proper use of tanning devices;

             (3)    Each tanning bed is properly sanitized after each use;

             (4)    Each customer, before he or she begins to use a tanning device, is provided with properly sanitized and securely fitting protective eyewear that protects the wearer's eyes from ultraviolet radiation and allows enough vision to maintain balance;

             (5)    Customers are not allowed to use a tanning device unless the customer uses protective eyewear;

             (6)    Each customer is shown how to use such physical aids as handrails and markings on the floor to determine the proper distance from the tanning device;

             (7)    A timing device that is accurate within ten percent is used;

             (8)    Each tanning device is equipped with a mechanism that allows the customer to turn the tanning device off;

---

             (9)    Each customer is limited to the maximum exposure time recommended by the manufacturer;

             (10)    Customers are not allowed to use a tanning device more than once every forty-eight hours;

             (11)    The interior temperature of the tanning facility does not exceed one hundred degrees Fahrenheit; and

             (12)    The statements provided pursuant to subdivision (1) of section 11 of this Act are retained for three years or until the customer signs a new statement.
A violation of this section is a Class 2 misdemeanor.
     Section  11.  A user of a tanning facility shall do all of the following:

             (1)    Immediately before the customer's first use of a tanning facility in a year, sign a statement acknowledging that he or she has read and understands the notice required pursuant to section 5 of this Act and the sign required pursuant to section 6 of this Act and specifying that the customer agrees to use protective eyewear;

             (2)    Use protective eyewear at all times while using a tanning device.
     Section  12.  If any person requires medical attention due to use of a tanning facility, the owner of that tanning facility shall report that injury to the department in writing and send a copy of that report to the injured person. The owner of the tanning facility shall retain a copy of the report for three years.
     Section  13.  The department may, in accordance with chapter 1-26, nonrenew a permit or suspend or revoke a permit if the applicant for renewal or permit holder violates a provision of this Act.