Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0536.01 Christy Chase x2008 HOUSE BILL 12-1170 HOUSE SPONSORSHIP Peniston, Fields, Massey, Soper SENATE SPONSORSHIP (None), House Committees Senate Committees Economic and Business Development A BILL FOR AN ACT Concerning restricting access by minors to artificial tanning devices. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires parental consent for minors under 18 years of age to use an artificial tanning device on and after July 1, 2012. For minors under 14 years of age, the parent must remain on-site at all times while the minor is using an artificial tanning device. A consent form is valid for 6 months unless the parent withdraws his or her consent. The department of public health and environment is to develop a consent form that details the health risks associated with the use of artificial tanning devices. Owners, operators, and employees of artificial tanning devices are subject to penalties of up to $200 per day for failing to comply with the requirements of the bill. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 25-5-1007, add (8) as follows: 25-5-1007. Owner responsibilities - limit access by minors - rules. (8) (a) On and after July 1, 2012, 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 is accompanied by a parent or legal guardian who signs a written consent form provided by the owner, employee, or operator that details the potential safety and health risks associated with the use of artificial tanning devices. Once a parent or legal guardian signs a written consent form for a person who is fourteen years of age or older but under eighteen years of age, the parent or legal guardian need not accompany the person as long as the consent form is current and valid and the parent or legal guardian has not withdrawn his or her consent in writing and notified the owner, employee, or operator that the consent is withdrawn. If the person is under fourteen years or age, the owner, employee, or operator shall not allow the person to use an artificial tanning device unless the consenting parent or legal guardian remains on the facility premises while the person is using the artificial tanning device. (b) The department 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 must 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. The department shall make the standard form available on its web site and shall allow the form to be downloaded from its web site at no charge. A signed consent form is valid for six months unless the consenting parent or legal guardian withdraws his or her consent. A parent or legal guardian can withdraw his or her consent at any time, in which case the owner, employee, or operator shall not allow the person under eighteen years of age for whom the consent was withdrawn to use an artificial tanning device. (c) The owner, employee, or operator shall require appropriate documentation, as determined by the department, verifying the age of a person seeking access to an artificial tanning device and shall retain on file at the facility and make available to the department upon request any signed consent forms for persons under eighteen years of age that the owner, employee, or operator has received. (d) An owner, employee, or operator who fails to comply with the requirements of this section is subject to penalties pursuant to section 25-5-1009 for each incident of noncompliance. (e) The board may adopt rules as necessary to implement this subsection (8). (f) For purposes of this subsection (8), "minor" does not include an emancipated minor, as defined in section 13-21-107.5 (1) (a), C.R.S. SECTION 2. 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.