Tanning Restrictions for Minors
A State-by-State Comparison

Most skin damage from the sun occurs before age 18 and, according to the University of Texas MD Anderson Cancer Center, many youth will total 50 percent to 80 percent of their lifetime sun exposure during childhood.  Research shows that blistering sunburns and overexposure during childhood greatly increase the chances of developing skin cancer later in life.  Because sun 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 29 states and 4 counties regulate the use of tanning facilities by minors.    

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 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 a year are diagnosed with this type of cancer.  Nonmelanoma 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 June 2009

2009 Introduced Legislation

State	Bill Description
Arkansas	HB 1920 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. Passed- Signed by Governor-Act No. 707 3/31/2009.
Delaware	SB 90 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. Passed, eligible for Governor's desk 6/18/2009.
Florida	SB 546 and HB 771 Strengthens 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. Both bills Failed, session adjourned.
Georgia	HB 853 Amends 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. Pending-Carryover.
Hawaii	HB 653 Prohibits 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. Pending-Carryover.
Kansas	SB 101 Prohibits 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. Pending-Carryover.
Maine	SB 137  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. Passed, signed by the Governor 6/10/2009.
Massachusetts	SB 903 Prohibits 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 Prohibits anyone under the age of 16 from using a tanning facility. Pending-Carryover.
Mississippi	HB 214  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. Passed-Signed by the Governor 3/26/2009. Chapter No. 447 6/8/2009.
Missouri	HB 352  Strengthens 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. Failed, session adjourned.
Montana	SB 357 Prohibits 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. Failed, died in committee 4/28/2009.
Nevada	AB 150 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.  AB 391 Restricts 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 Prohibits 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. Failed, session adjourned.
New York	SB 3461 Bans the use of an ultraviolet radiation device by persons under 18 years of age at tanning facilities.
North Carolina	SB 890 Raises 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 Prohibits 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. Pending-Carryover. SB 1171 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. Pending-Carryover.
Oregon	SB 799 Strengthens 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 Requires a parent/legal guardian presence and consent for anyone under the age of 18 to use an indoor tanning facility.  SB 460 Provides penalties to any tanning facilities who permits minors to use tanning devices for anyone without parent/legal guardian consent and presence.
South Dakota	SB 139 Requires a parent or legal guardian signature for every minor to use tanning facilities. Failed to pass the Senate 2/9/2009.
Texas	HB 1310 Prohibits the use of tanning facilities by anyone under the age of 18.  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. Passed, signed by the Governor 6/19/2009.
Vermont	HB 53 Prohibits the use of tanning facilities by anyone under age 18, except when used for medical purposes. Pending-Carryover.
West Virginia	SB 488 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. Failed, session adjourned.
Wyoming	HB 178  Prohibits 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. Failed, died in committee 2/16/2009.

Tanning Restrictions for Minors--State Laws
 

State	Statute	Age Restriction	Parent must Accompany Minor	Parent must sign written permission
Arizona	Ariz. Admin. Code R12-1-1414 A2	under 18		Written permission from a parent/guardian required for someone under 18 to use the facility.
California	Cal. Bus. and Prof. Code  § 22706 (b) (3) and (4)	under 14; 14-18		Written permission required for ages 14-18.  Children under 14 prohibited. People between the ages of 14 and 18 must have a parent or guardian sign, in the presence of a salon operator or employee, that they understand the risks and agree to the terms of use; consent valid for 12 months.
Connecticut	Conn. Public Act No. 06-195	under 16		Written permission from parent/guardian required for a person under 16 to use tanning facilities.
Florida	Fla. Stat. Ann.  § 381.89 (1998)	under 14; 14-18	Parents/guardians must accompany children under 14 on all visits	Written permission required between the ages of 14-18 signed by the minor’s parent/guardian stating the parent/guardian has read and understands the warnings, consents to the minor’s use of a tanning device, and agrees the minor will use the provided protective eyewear.
Georgia	Ga. Code Ann.  § 31-38-8 (1996)	under 18		Written permission required for those under 18 and must be signed by a parent/guardian at the tanning facility before the minor can use the equipment.
Illinois	Ill. Admin. Code  Title 77; Sec. 795.190 (c)	under 14; 14-18		Children under 14 are prohibited; parent/guardian must sign a consent form in the presence of the facility operator if child is between the ages of 14 and 17 indicating they understand the warnings.
Indiana	Ind. Code Ann. § 25-8-15.4-15 and 16	under 16; 16-18	Parent/guardian must accompany children under the age of 16	Parent/guardian of minors aged 16-18 must sign a risk waiver in the presence of the tanning device operator.
Kentucky	Ch. 103 of the Acts of 2006 (HB 151)	under 14; 14-18	Parent/guardian must accompany children under the age of 14	Parents/guardian of minors between ages 14-18 must sign a statement that they read and understand the warnings and certifies that their child will use protective eyewear.  The consent is valid for 1 calendar year.
Louisiana	La. Rev. Stat. Ann. § 40:2701 to 40:2718 (2005)	under 14; 14-18	Parent/guardian must accompany children under the age of 14	Parents/guardian of minor between the ages of 14-18 must sign a consent, at the facility, stating they have read and understood the warnings, consents to the minor’s use of device and agrees the minor will use protective eyewear.
Maine	10-144 Dept. of Human Services ch. 223 12A (3)(f)	under 18		People under the age of 18 must present written consent form signed by a parent or legal guardian; parents/guardians must have been supplied with standard warning materials.
Maryland	Ch. 691 of the Acts of 2008 (HB 1358)	under 18		Parent/guardian must give written consent in the presence of tanning facility owner, employee or operator in order for a minor to use tanning devices. Tanning facility owner, employee, or operator is required to check documentation to verify the age of the individual before allowing them to use tanning devices.  Punishment for violation is specified in the law.
Massachusetts	Mass. Gen. Laws Ann. ch. 111 Public Health § 211	under 14; 14-17	Parent/guardian must accompany children under the age of 14	Parent/guardian must sign prior written consent for minors age 14-17.
Michigan	Mich. Comp. Laws Ann. § 333.13407	under 14; 14-18	Parent/guardian must accompany children under the age of 14	Before someone under 18 can tan, a parent/guardian must present a statement similar to other customers that they read and understand the risks tanning poses to their child and that the child will wear protective eye wear.
Minnesota	Minn. Stat. Ann. § 325H.08	under 16		Tanning device operator must witness a parent/guardian sign and date a warning statement.
Mississippi	Agency Regulations, Division of Radiological Health 801.AA.12 (c)(5)	under 16		No one under 16 allowed to use tanning devices without written consent from a parent/guardian.
New Hampshire	N.H. Rev. Stat. Ann. § tit. XXX 313-A:31	under 14; 14-18	Parent/guardian must accompany children under the age of 14.  Parent must accompany minors between 14-18 for their initial use.	A licensed physician must authorize use of the devise for minors under 14.  A parent/guardian must sign written consent to use the facility and verify the age of the minor for those 14-18 years old. Parent/guardian must sign in the presence of the operator. Written permission is only good for 12 visits. Minor must present age verification when using the device
New Jersey	N.J. Rev. Stat. § C. 26:2D-82.1	under 14; 14-18		Children under the age of 14 prohibited from using the device; parents/guardians of minors between ages 14-18 must sign documentation stating that they have read and understand the warnings.
New York	N.Y. Public Health Law ch. 573	under 14; 14-18		Children under 14 prohibited. Minors between ages 14 to 18 must have signed permission from a parent/guardian to use the facilities; the signature must be signed in the presence of the facility operator; indicating they have read the warnings; that the minor agrees to wear safety goggles. The consent is only valid for twelve months from the date it is signed and dated.
North Carolina	N.C. Gen. Stat. § 104E-9.1	under 13		Children under 13 are prohibited from using tanning devices without a physician's written prescription specifying the nature of the medical condition requiring the treatment, the number of exposures and the time of exposure.
North Dakota	N.C. Cent. Code § Health and Safety Chapter 249	under 14	Parents/guardian must accompany children under 14 on all visits.	Children under 14 are prohibited from using tanning devices without a physician's written prescription.  For minors under 18, parents/guardians must sign a consent that they read the warnings, agree to the terms of use, and agrees the minor will wear FDA approved eyewear,  in the presence of a tanning salon employee or provides a notarized signature on the permission form. Permission is good for 12 months. Punishment for violation is specified in the law.
Ohio	Ohio Admin. Code 4713-19-09 (B)	under 18		Facility operators must obtain written consent from a parent/guardian before each tanning session (signed at the facility) that authorizes the number of sessions the minor may purchase.  For that number of sessions, the minor may sign for themselves.
Oregon	OAR 333-119-0090 (2)	under 18		People under the age of 18 must have a parent/guardian's signature authorizing their use of the device and stating that they understand the risks involved. Signature must occur in the presence of an owner/operator.
Rhode Island	Deptartment of Health Rules and Regulations for the Registration of Tanning Facilities Part III; Sec. 9.5	under 18		Minors under the age of 18 may not use the device unless a parent/guardian has signed a consent form stating that they have read and understand the risks in the presence of an employee. The consent shall be provided in the presence of a facility staff member. Infants and other minors are not allowed in the room with adults who are tanning.
South Carolina	S.C. Code Ann. § ch. 61, sec. 106-4.5	under 18		People under the age of 18 must have written permission from a parent or guardian signed in the presence of the tanning facility operator.
Tennessee	Tenn. Code Ann. § 68-117-104	under 14; 14-18	Parents/guardians of children under 14 must accompany the child.	People under 18 must be accompanied by a parent/guardian who signs a consent form, or presents a notarized statement of consent, stating they understand the risks and a statement of their relationship with the minor.
Texas	Tex. Health and Safety Code Ann. § 145.008	under 13; 13-15; 16-18	For children ages 15 and under, a parent/guardian must be present at the facility while the device is in use.	Under age 13, a physician must recommend its use in writing. For minors 16-17 years old, a parent/guardian must sign stating that they understand the warnings, consents to the device's use and agrees to the minor’s use of eyewear.
Utah	Utah Code Ann. § 26-15-13	under 18	Prohibits tanning salon operators from allowing anyone under age 18 to use a tanning device unless a parent/guardian appears in person on the minor's first visit and once every 12 months thereafter.	The parent /guardian must sign a consent form stating that they understand the risks of tanning, that the minor will use protective eyewear, and specify how many tanning sessions the minor is allowed in a 12 month period.  Any salon that violates these rules may lose their license.
Virginia	Va. Code § 59.1-310.3	under 15		Unemancipated minors under age 15 must have a parent/guardian sign the release form advising them of the risks associated with indoor tanning, including filling out their skin type on the Fitzpatrick Scale (measuring how the skin reacts to sunlight).  The operator of the tanning device must advise the customer of the time they should spend tanning based on the Fitzpatrick Scale.  Release form must be signed every 6 months.
Wisconsin	Wis. Code Ann. § 255.08 (9)(a)	under 16		No one under age 16 is permitted to use tanning devices.

Source: AIM at Melanoma (formerly The Charlie Guild Melanoma Foundation), StateNet, and NCSL, 2006-2008
Note: List may not be comprehensive but is representative of the state laws that exist. NCSL appreciates additions and corrections.
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