SENATE 3rd Reading Unamended April 30, 2013 SENATE Amended 2nd Reading April 29, 2013 HOUSE 3rd Reading Unamended March 27, 2013 HOUSE Amended 2nd Reading March 26, 2013First Regular Session Sixty-ninth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 13-0443.01 Christy Chase x2008 HOUSE BILL 13-1215 HOUSE SPONSORSHIP Peniston, Court, Fields, Labuda, McCann, Singer, Young SENATE SPONSORSHIP Tochtrop, House Committees Senate Committees Business, Labor, Economic, & Workforce Development Health & Human Services Health, Insurance & Environment 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.) Effective July 1, 2013, the bill: Prohibits the use of artificial tanning devices by minors under 15 years of age unless the use is prescribed by a physician; and Requires a signed parental consent form or physician prescription for minors 15 years of age or older but under 18 years of age to use an artificial tanning device. A parental 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 for each failure 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) Effective July 1, 2013, an owner, employee, or operator of an artificial tanning device or tanning facility shall not allow a minor who is under fifteen years of age to use an artificial tanning device unless the minor has a written prescription from a physician authorizing the use of the artificial tanning device. (b) On and after July 1, 2013, an owner, employee, or operator of an artificial tanning device or tanning facility shall not allow a minor who is fifteen years of age or older but under eighteen years of age to use an artificial tanning device unless: (I) The minor has a written prescription from a physician authorizing the use of the artificial tanning device; or (II) (A) The minor 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. (B) Once a parent or legal guardian signs a written consent form for a minor who is fifteen years of age or older but under eighteen years of age, the parent or legal guardian need not accompany the minor 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. (c) (I) The department shall develop a standard form to be used by the parent or legal guardian of a minor fifteen years of age or older but 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 minor. The form must contain a concise list, in sixteen-point, bold-faced type, of the risks of using an artificial tanning device, an acknowledgment of the risks, and an 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. (II) A signed consent form is valid until 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 as specified in sub-subparagraph (B) of subparagraph (II) of paragraph (b) of this subsection (8), in which case the owner, employee, or operator shall not allow the minor for whom the consent was withdrawn to use an artificial tanning device. (d) 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 minors fifteen years of age or older but under eighteen years of age that the owner, employee, or operator has received. (e) An owner 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. (f) The board may adopt rules as necessary to implement this subsection (8). (g) For purposes of this subsection (8): (I) "Minor" means a person under eighteen years of age and does not include an emancipated minor, as defined in section 13-21-107.5 (1) (a), C.R.S.; and (II) "Operator" means the person responsible for operating and managing a tanning facility business on behalf of the owner of the tanning facility. 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.