HOUSE 2nd Reading Unamended March 13, 2007 SENATE 3rd Reading Unamended February 20, 2007 SENATE Amended 2nd Reading February 16, 2007First Regular Session Sixty-sixth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 07-0038.01 Christy Chase SENATE BILL 07-023 SENATE SPONSORSHIP Hagedorn, HOUSE SPONSORSHIP McGihon, Senate Committees House Committees Health and Human Services Health and Human Services A BILL FOR AN ACT Concerning restricting access by a minor to an artificial tanning device. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Prohibits the use of an artificial tanning device by a minor unless specifically prescribed by a physician. Requires an owner, employee, or operator of an artificial tanning device or tanning facility to verify the age of any person seeking access to an artificial tanning device. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds that: (a) The United States food and drug administration (FDA) and numerous leading national health care organizations estimate that approximately one million Americans are stricken each year with skin cancer, a potentially deadly disease and the most common of all types of cancer. (b) Melanoma, a type of skin cancer, is more common than any nonskin cancer among women between the ages of twenty-five and twenty-nine, and one person dies of melanoma every hour. (c) The FDA, as well as the national institutes of health, the centers for disease control and prevention, and numerous leading national and international health care organizations, discourages the use of artificial tanning devices, including tanning beds and sunlamps, and has concluded that indoor, artificial tanning can be as harmful as outdoor tanning. (d) The FDA and other organizations estimate that, on average, more than one million people in the United States visit artificial tanning facilities each day, and they are concerned that the consuming public generally does not know that indoor, artificial tanning devices emit ultraviolet radiation, both UV-A and UV-B, that is similar to and sometimes more powerful than the ultraviolet radiation emitted by the sun. (e) The FDA has concluded that both types of ultraviolet light cause skin cancer, damage to the eyes and the immune system, and wrinkling and other signs of premature skin aging. (f) Artificial tanning devices that emit mostly UV-A light are no less harmful than the sun's rays since UV-A rays penetrate deeper than UV-B rays, causing damage to the underlying connective tissue as well as the skin's surface. (g) Currently, there is no repair treatment available to reverse the damages caused to skin by ultraviolet radiation, so it is important to take steps to prevent the damage before it occurs. (2) The general assembly further finds that: (a) More than 2.3 million teenagers use artificial tanning devices each year, and more than twenty-five percent of American teenagers have used tanning booths three or more times. (b) The world health organization has declared that, worldwide, no person under the age of eighteen should use a tanning bed, and the American academy of dermatology has taken the position that no minor should be permitted to use artificial tanning devices. (c) The consensus of the Colorado dermatologic society is that artificial tanning devices expose users to ultraviolet rays, which cause skin cancer; therefore, the society discourages all persons from using artificial tanning devices and urges the state to prohibit the use of artificial tanning devices by persons under eighteen years of age. (d) It is in the public interest to protect children from the harmful effects of ultraviolet radiation through the use of artificial tanning devices by restricting minors' access to such devices unless authorized by a physician. SECTION 2. 25-5-1007, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 25-5-1007. Owner responsibilities - limit access for minors. (8) (a) An owner, employee, or operator of an artificial tanning device or tanning facility shall not allow a person under eighteen years of age to use an artificial tanning device unless: (I) The person has a written prescription from a physician authorizing the use of the artificial tanning device; or (II) The person has a notarized affidavit of consent and acknowledgment of the risks associated with use of an artificial tanning device signed by a parent or legal guardian of the person authorizing the use of the artificial tanning device; except that, in lieu of a notarized affidavit, the owner, employee, or operator may allow a person under eighteen years of age to use the artificial tanning device if the person is accompanied by a parent or legal guardian who signs an affidavit of consent and presents the owner, employee, or operator with a duly issued driver's license or other form of identification specified in section 24-76.5-103 (4) (a), C.R.S. (b) The board shall develop a standard form to be used by the parent or legal guardian of a person under eighteen years of age seeking to use an artificial tanning device to acknowledge the risks associated with the use of an artificial tanning device and to consent to such use by the person under eighteen years of age. The form shall contain a concise list of the risks of using an artificial tanning device and an acknowledgment of the risks and affidavit of consent to be signed by the parent or legal guardian and notarized by a notary public, if applicable. The department shall make the standard form available on its website and shall allow the form to be downloaded from its website at no charge. (c) The owner, employee, or operator shall require appropriate documentation, as determined by the board, verifying the age of a person seeking access to an artificial tanning device. (d) (I) An owner, employee, or operator who knowingly and willfully fails to comply with the requirements of this section shall be subject to penalties pursuant to section 25-5-1009 for each incident of noncompliance. (II) A notary public who knowingly and willfully notarizes an affidavit of consent in violation of the requirements for executing a notarial act as specified in part 1 of article 55 of title 12, C.R.S., commits official misconduct and shall be subject to punishment as specified in section 12-55-116, C.R.S. (III) A person who falsely makes, completes, or alters an affidavit of consent as described in this subsection (8) commits second degree forgery and shall be subject to punishment in accordance with section 18-5-104 (3), C.R.S. SECTION 3. 18-5-104, Colorado Revised Statutes, is amended to read: 18-5-104. Second degree forgery. (1) A person commits second degree forgery if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument of a kind not described in section 18-5-102 or 18-5-104.5. (2) Except as provided in subsection (3) of this section, second degree forgery is a class 1 misdemeanor. (3) If the written instrument described in subsection (1) of this section is an affidavit of consent to authorize a person under eighteen years of age to use an artificial tanning device, as required by section 25-5-1007 (8) (a), C.R.S., second degree forgery is a class 3 misdemeanor. SECTION 4. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.