Tanning Restrictions for Minors
A State-by-State Comparison

While exposure to ultraviolet (UV) light is fairly consistent across age groups, research indicates that high risk exposure happens more commonly in teens and that blistering sunburns and overexposure during childhood greatly increase the chances of developing skin cancer later in life.  Because sun (and UV) exposure in childhood and the teenage years can be so damaging, policymakers in some states are regulating minors' use of tanning devices (like tanning beds).  Currently, at least 31 states regulate the use of tanning facilities by minors. Some counties also regulate the use of tanning devices, including Howard County, Maryland, which is the first jurisdiction to ban indoor tanning for all minors under age 18.

Recent recommendations from the International Agency for Research on Cancer, a subsidiary of the World Health Organization, state, "Policymakers should consider enacting measures, such as prohibiting minors and discouraging young adults from using indoor tanning facilities, to protect the general population from possible additional risk for melanoma." Click here to view the report and recommendations from the International Agency for Research on Cancer.

There are two categories of skin cancer, Melanoma and nonmelanoma.  Melanoma is treatable if caught early, but because it is likely to spread to other parts of the body, it is very dangerous and potentially fatal.  The American Cancer Society (ACS) estimates in 2008 there were 62,480 new cases of Melanoma and 8,420 Melanoma-related deaths.  Risk factors for Melanoma include sun exposure and sunburn, blistering sunburns during childhood or teenage years, fair skin, freckles, moles and a family history of melanoma.  ACS recommends avoiding sunlight between 10 am and 4 pm (daylight time) when the sun's rays are strongest, avoiding tanning devices and sun lamps, using and re-applying sunscreen when exposed to UV rays, covering skin with clothing, and wearing hats and sunglasses.  

Sun exposure causes most nonmelanoma skin cancers. ACS estimates that over a million people are diagnosed with a nonmelanoma cancer annually.  Nonmelanoma skin cancer rarely spreads to other parts of the body and, if detected early, is treatable and has excellent survival rates. The National Cancer Institute reports that non-melanoma skin cancer is the most common type of cancer for all people.  Just under half of Americans who live to age 65 will have this cancer at least once.

2009 Introduced Legislation  |  State Laws

Updated November 2009

2009 Introduced Legislation

State	Bill Description
Arkansas HB 1920 Enacted	Requires a parent/legal guardian signature for any minor under the age of 18 who wishes to use a tanning facility. The legislation provides the consent parents/legal guardians would be signing.
Delaware SB 90 Enacted	Creates a total ban on indoor tanning for any minors under the age of 14, unless it is medically necessary and prescribed by the specified practitioners. Requires minors between the ages of 14 and 17 to submit a consent form, signed by the parent or legal guardian in the presence of the tanning facility operator, before they are allowed to tan.
Florida HB 771/SB 546 Failed	Would strengthen current law by requiring the parent or legal guardian of a minor between the ages of 16 and 18 to sign a written consent in the presence of the tanning facility operator before the minor is allowed to use a tanning device.  Parents/guardians must sign that they and read and understand the warnings, consent to the minor's use of the device, and agree that the minor will use protective eyewear.  Parents must also specify the number of tanning sessions the minor may participate in and is good for 12 months.  Restricts minors under age 16 from using tanning devices. Removes provision allowing anyone 14 or older to use tanning facility if accompanied by a parent/guardian.
Georgia HB 853 Carryover	Would amend current law, adding restrictions to tanning facilities. Requires written parental consent for minors, ages 14 to 18 years old. Parental consent forms must be signed in the presence of the tanning facility operator or the parent / legal guardian must be present during the time in which the minor is using the tanning device. The consent provides restrictions to what devices can be used and how many times it can be used, a new consent must be signed every 30 days. Any minor under the age of 14 years old, must have their parent or legal guardian present while using tanning devices.
Hawaii HB 653 Carryover	Would prohibit the use of tanning facilities to anyone under the age of 18 unless a written parental/legal guardian consent is provided in front of a tanning facility operator. Requires government approved documentation to verify the age of all customers.
Kansas SB 101  Carryover	Would prohibit the use of tanning facilities for anyone under the age of 14. Requires a parent or legal guardian to sign a consent form in the presence of the facility owner or authorized personnel before anyone age 14 through 18 may use the device.  Consent valid for 12 months.  The parental/guardian consent states that they have read and understood the warnings, consent to the minor's use and agree that the minor will wear protective eyewear.  Requires parent to show proof of guardianship and a minor must show proof of age.
Maine SB 137 Enacted	Amends current law by clarifying what it is expected from parent or legal guardian signature. Requires written consent prior to the use of a tanning device and states that consent is only valid for 12 months, after which a new written consent must be presented to the tanning facility. Prohibits use under the age of 14 and requires parental accompaniment under age 16.
Massachusetts SB 903	Would prohibit the use of tanning devices to anyone under the age of 16. Minors ages 16-17 years old must provide written parental/guardian consent prior to using tanning devices. Before obtaining consent, the tanning facility shall provide to the parent or guardian a copy of the warnings required under section 209. The parent or guardian shall sign a statement in the presence of the operator acknowledging receipt and understanding of the warnings. The operator shall sign the written consent form as a witness to the signing of the parent or guardian. Tanning facility employees must be 18 years of age or older.
Minnesota HB 2296 Carryover	Would prohibit anyone under the age of 16 from using a tanning facility.
Mississippi HB 214   Enacted	Amends current law. Prohibits the use of tanning facilities for a minor under the age of 14 unless a parent/guardian signs a written consent form in the presence of the facility operator and remains at the facility while the child uses the device.  Minors between the ages of 14 and 18 may use tanning devices with a parent or legal guardian's signed written consent.  Consent is valid for 12 months and may be revoked by a parent/guardian at any time.  Within the consent, parents/guardians must specify the maximum number of times a minor may use the device in a 12-month period.
Missouri HB 352 Failed	Would strengthen current law by including restrictions on minors. Prohibits individuals younger than 16 years of age from using a tanning device.  Before individuals younger than 18 years of age can use any device in the facility, a parent or legal guardian must go to the facility and sign a written statement acknowledging that he or she has read and understands all warnings given by the facility and consents to the minor's use of a tanning device.
Montana SB 357  Failed	Would prohibit the use of tanning facilities to anyone under the age of 16 without written consent from parent or legal guardian indicating that they are aware of all warnings. The written consent requires minors to use protective eye gear. The consent is only valid for 12 months after which a new consent must be given to tanning facility operators.
Nevada AB 150 Failed AB 391 Failed	Would restricts the use of tanning facilities to anyone under the age of 18 unless written consent from a parent or legal guardian for the minor under 18 is provided. The written consent includes all warnings, must be signed in the presence of a tanning facility operator and expires 12 months from the date it is signed by the parent or legal guardian. The tanning facility is responsible for keeping all records pertaining to consents by parents or legal guardians. Would restrict any person under 14 years of age from using tanning equipment unless a physician provides written authorization for its use. This bill requires that operators of tanning equipment be at least 18 years of age. It also requires written parental/legal guardian consent for a person under 16 years of age to use tanning equipment, an operator of tanning equipment to be present the entire time that a person under 16 years of age uses tanning equipment. The required written parental consent expires after 12 uses of tanning equipment and may be renewed.
New Mexico SB 513 Failed	Would prohibit the use of tanning facilities to anyone under the age of 14. Restricts the use of minors ages 14 to 18, requiring a written parent or guardian consent indicating that all warnings have been read. Tanning facilities are subject to a fine if violated.
New York SB 3461  HB 9199 HB 9211	Would ban the use of an ultraviolet radiation device by persons under 18 years of age at tanning facilities. Would ban the use of tanning device by persons under age 16 at tanning facilities. Would require parental accompaniment or a doctor's recommendation for a person under age 18.
North Carolina SB 890 Failed	Would raise the age for which use of tanning equipment requires a written prescription from 13 to 15 years old. The tanning facility operator shall not allow a person 15 years and younger to use tanning equipment without a written prescription from the person's medical physician specifying the nature of the medical condition requiring the treatment, the number of visits, and the time of exposure for each visit.
Ohio HB 173	Sec. 4713.50. An operator or employee of a tanning facility shall not allow an individual who is under eighteen years of age to use the tanning services of the facility unless the individual presents a prescription for receiving ultraviolet radiation treatments written by a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
Oklahoma SB 544 Carryover SB 1171 Carryover	Would prohibit use of a tanning device by a person under 13 without physicians written and parent/legal guardian present. Minors must be accompanied by a parent/legal guardian. Requires informed parent/ legal guardian consent statement for minors age 16 through 17. Punishment of violation is specified in the bill. Persons age 13 and under shall not be allowed to use tanning facilities in this state without a written order from a physician licensed in this state and without being accompanied by a parent or legal guardian for every use of the tanning facility.
Oregon SB 799 Failed	Would strengthen current law; Does not allow any minor under the age of 14 to use a tanning facility. Limits the use of tanning facilities for minors 14 to 18 by requiring parent/ legal guardian consent.
Pennsylvania SB 461 SB 460   HB 2048	Would require a parent/legal guardian presence and consent for anyone under the age of 18 to use an indoor tanning facility. Would provide penalties to any tanning facilities who permits minors to use tanning devices for anyone without parent/legal guardian consent and presence. Would require facility to provide and require use of protective goggles and limit exposure to manufacturer's recommendation. Would require parental consent, in person, for those under age 18 and ban use for those under age 14 without doctor's recommendation.
South Dakota SB 139 Failed	Would require a parent or legal guardian signature for every minor to use tanning facilities.
Texas HB 1310  Enacted	Requires a parent or legal guardian to sign consent form, in person, for children under 18. Prohibits the use of tanning facilities by anyone under the age of 16.5.  Minors are allowed to use the facilities if authorized by a physician.  Physician must specify the number of tanning session allowed; if they do not, minors will be allowed to use facilities for a 12-month period.  Parents/legal guardians must provide written consent (in presence of tanning device operator) and remain at the facility while the minor uses the tanning device.  The tanning facility is responsible for keeping all records pertaining to a minor's use of the facility.
Utah HB 419 Failed	Would apply a 10 percent tax on amount charged for tanning services, funding the Melanoma Cancer Research and Education Fund.
Vermont HB 53 Carryover	Would prohibit the use of tanning facilities by anyone under age 18, except when used for medical purposes.
West Virginia SB 488 Failed	Before any person who has reached 14 years of age and is under 18 uses a tanning device, he or she shall give the tanning facility a statement, signed by his or her parent or legal guardian. This signed consent states that the parent or legal guardian has read and understood the warnings given by the tanning facility, consent to the minor's use of the tanning device, and agree that the minor will use protective eyewear. Consent is valid for one calendar year.  Requires a person under the age of 14 to be accompanied by a parent or legal guardian when using a tanning device.
Wyoming HB 178  Failed	Would prohibit the use of ultraviolet tanning devices for any minor under 15 years of age. Requires parental/ legal guardian consent and presence for use of tanning devices for any minor age 15 through 18. A valid photo ID, which is defined in the bill,  must be shown for each person to verify age. Also establishes punishment if violated.

 

Tanning Restrictions for Minors--State Laws

State	Statute	Ban	Parental Accompaniment	Parental Permission	Other
Arizona	Ariz. Admin. Code R12-1-1414 A2	N/A	N/A	Under 18, in person.	Operator must limit exposure time to manufacturer's recommendation; provide eye protection.
Arkansas	Ark. Stat. Ann. § 20-27-2102	N/A	N/A	Under 18, in person.	N/A
California	Cal. Bus. and Prof. Code  § 22706 (b) (3) and (4)	Under 14	N/A	Under 18, in person; valid for 12 months.	Operator must limit time to manufacturer's maximum exposure recommendation; provide eye protection.
Connecticut	Conn. Gen. Stat. § 19a-232	N/A	N/A	Under 16	N/A
Delaware	Del. Code Ann. tit. 16 § 30D	Under 14; unless medically necessary.	N/A	Under 18, in person; valid for 12 months.	N/A
Florida	Fla. Stat. Ann.  § 381.89 (1998)	N/A	Under 14	Under 18; agrees to wear eye protection.	Operator must limit time to manufacturer's maximum exposure recommendation; provide eye protection.
Georgia	Ga. Code Ann.  § 31-38-8 (1996)	N/A	N/A	Under 18, in person.	Operator must provide eye protection.
Illinois	Ill. Admin. Code  Title 77; Sec. 795.190 (c)	Under 14	N/A	Under 18, in person.	N/A
Indiana	Ind. Code Ann. § 25-8-15.4-15 and 16	N/A	Under 16	Under 18, in person.	Operator must limit time to administrative or manufacturer's maximum exposure recommendation; provide eye protection.
Kentucky	Ky. Rev. Stat. § 217.922	N/A	Under 14	Under 18; agrees to wear eye protection; valid for 12 months.	N/A
Louisiana	La. Rev. Stat. Ann. § 40:2701 to 40:2718 (2005)	N/A	Under 14	Under 18, in person; agrees to wear eye protection.	Operator must provide eye protection.
Maine	10-144 Dept. of Human Services ch. 223 12A (3)(f)	Under 14	Under 16	Under 18, in person; valid for 12 months.	Operator must limit time to administrative or manufacturer's maximum exposure recommendation; provide and require eye protection.
Maryland	Md. Health Code Ann. § 20-106	N/A	N/A	Under 18, in person.	N/A
Massachusetts	Mass. Gen. Laws Ann. ch. 111 Public Health § 211	N/A	Under 14	Under 18	Operator must limit time to administrative maximum exposure recommendation; provide and require eye protection.
Michigan	Mich. Comp. Laws Ann. § 333.13405	N/A	N/A	Under 18, in person.	Operator must require eye protection.
Minnesota	Minn. Stat. Ann. § 325H.08	N/A	N/A	Under 16, in person.	Operator must limit time to manufacturer's maximum exposure recommendation; provide and require eye protection.
Mississippi	Department of Health Regulations	N/A	Under 14	Under 18, in person; valid for 12 months and number of tanning sessions as specified by parent.	Operator must limit time to manufacturer's maximum exposure recommendation; provide and require eye protection.
New Hampshire	N.H. Rev. Stat. Ann. § tit. XXX 313-A:31	Under 14; unless medically necessary.	Under 14	Under 18, in person; valid for 12 sessions.	N/A
New Jersey	N.J. Rev. Stat. § C. 26:2D-82.1	Under 14	N/A	Under 18	Operator must limit time to administrative maximum exposure recommendation; require eye protection.
New York	N.Y. Public Health Law § 3555	Under 14	N/A	Under 18, in person; valid for 12 months.	Operator must require eye protection.
North Carolina	N.C. Gen. Stat. § 104E-9.1 15A NCAC 11 .1418	Under 14; unless medically necessary.	N/A	Under 18	Operator must limit time to manufacturer's maximum exposure recommendation; provide eye protection.
North Dakota	N.C. Cent. Code § 23-39	Under 14; unless medically necessary.	Under 14	Under 18, in person; valid for 12 months.	Operator must limit time to manufacturer's maximum exposure recommendation; provide and require eye protection.
Ohio	Ohio Admin. Code 4713-19-09 (B)	N/A	N/A	Under 18, in person; valid for number of tanning sessions as specified by parent.	Operator must limit time to manufacturer's maximum exposure recommendation; provide eye protection.
Oregon	OAR 333-119-0090 (2)	N/A	N/A	Under 18, in person.	Operator must limit time to manufacturer's maximum exposure recommendation; provide and require eye protection.
Rhode Island	Department of Health Rules and Regulations for the Registration of Tanning Facilities Part III; Sec. 9.5	N/A	N/A	Under 18, in person.	Operator must limit time to manufacturer's maximum exposure recommendation; provide and require eye protection.
South Carolina	S.C. Code Ann. § ch. 61, sec. 106-4.5	N/A	N/A	Under 18, in person.	Operator must provide and require eye protection.
Tennessee	Tenn. Code Ann. § 68-117-104	N/A	Under 14	Under 18, in person .	Operator must limit time to manufacturer's maximum exposure recommendation; provide and require eye protection.
Texas	Tex. Health and Safety Code Ann. § 145.008	Under 16.5.	N/A	Under 18, in person.	Operator must limit time to manufacturer's maximum exposure recommendation; provide and require eye protection.
Utah	Utah Code Ann. § 26-15-13	N/A	N/A	Under 18, in person; valid for 12 months and number of tanning sessions as specified by parent.	N/A
Virginia	Va. Code § 59.1-310.3	N/A	N/A	Under 15; valid for 6 months.	N/A
Wisconsin	Wis. Code Ann. § 255.08 (9)(a)	Under 16	N/A	N/A	Operator must limit time to manufacturer's maximum exposure recommendation; provide and require eye protection.

Source: AIM at Melanoma, Centers for Disease Control and Prevention and NCSL, 2009.