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 28 states and 4 counties regulate tanning facilities for minors. During the current legislative session, 7 states have introduced bills.

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 2007 there were 59,940 new cases of Melanoma and 8,110 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.

2008 Introduced Legislation | State Laws

Updated April 2008

2008 Introduced Legislation

State Bill Description

Maryland HB 1358 Minors under 18 are not allowed to use tanning devices unless a parent or legal guardian gives written consent in the presence of the tanning facility owner, employee, or operator. 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 bill.

Missouri
HB 2098 No individual under age 16 may use tanning devices. For individuals between the ages of 16 and 18, a parent or legal guardian must sign a written statement of consent in person at the tanning facility that verifies they have read and understand the warnings given by the tanning facility.

Mississippi HB 1123 This proposed legislation makes existing teen tanning regulations stricter. Individuals under age 14 are prohibited from tanning device use. For individuals between the ages of 14 and 18, a parent or legal guardian must sign a consent form in the presence of a tanning facility operator, which is valid for 90 days.

Ohio HB 230 This proposed legislation makes existing teen tanning regulations stricter. An operator of a tanning facility may not allow any individual under age 18 to use a tanning device, unless the individual presents a prescription from a physician for ultra violent radiation treatments.

Pennsylvania SB 406 This bill proposes that individuals under age 14 may not use tanning devices without a doctor's written permission. It also prohibits minors from tanning unless a parent or guardian accompanies them, presents a valid identification, and sign a warning statement. The bill also requires that records of these statements be maintained for at least 3 years. Assigns the tanning facility owner the duty to ensure customers are of legal age or have valid consent, and they may loose their license if they fail to uphold this duty.

South Dakota HB 1128 Individuals under age 18 may not use tanning devices unless a parent or legal guardian signs a written consent form, which is notarized or in the presence of the tanning facility operator, owner, or employee. This consent form indicates that parent or guardian has read warning and agrees individual will wear protective eyewear.

Vermont HB 215 Tanning facilities may not allow individuals under age 18 to use tanning devices. This does not apply to physicians. Punishment for violation is specified in the bill.

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 of 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 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. Written permission required for ages 14-18. Children under 14 prohibited.

Connecticut Conn. Public Act No. 06-195 under 16 Written permission from parent of guardian required for a person under 16 to use tanning facilities.

Florida Fla. Stat. Ann.
§ 381.89 (1998) under 14; 14-18 Parents must accompany children under 14 on all visits Written permission required for ages 14-18.

Georgia Ga. Code Ann.
§ 31-38-8 (1996) under 18 Written permission required for those under 18.

Illinois Ill. Admin. Code
Title 77; Sec. 795.190 (c) under 14; 14-18 Children under 14 are prohibited; parent must sign a consent form in the presence of the facility operator if child is 14-18 years old.

Indiana Ind. Code Ann. § 25-8-15.4-15 and 16 under 16; 16-18 Parent must accompany children under the age of 16 Parent 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 must accompany children under the age of 14 Parents of minors age 14-18 must sign a statement that they read and understand the warnings and certify that their child will use protective eye wear.

Louisiana La. Rev. Stat. Ann. §
40:2701 to 40:2718 (2005)
under 14; 14-18 Parent must accompany children under the age of 14 Parent must sign risk waiver for minors 14-18.

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.

Massachusetts Mass. Gen. Laws Ann. ch. 111 Public Health § 211 under 14; 14-17 Parent must accompany children under the age of 14 Parent must sign prior written consent for minors age 14-17.

Michigan Mich. Comp. Laws Ann. § 333.13407 under 14; 14-18 Parent must accompany children under the age of 14 Parent 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 before someone under 18 may tan.

Minnesota Minn. Stat. Ann. § 325H.08 under 16 Tanning device operator must witness a parent or guardian sign 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 or legal guardian.

New Hampshire N.H. Rev. Stat. Ann. § tit. XXX 313-A:31 under 14; 14-18 A licensed Physician must authorize use of the device and parent or guardian must be present for each use for kids under 14. A parent or guardian must sign written consent to use the facility and verify the age of the minor for those 14-18 years old. Parent must sign in the presence of the operator and be present for the initial use of the device. 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 of minors age 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 age 14 to 18 must have signed permission from a parent or guardian to use the facilities; the signature must be obtained by the facility operator in person and is only valid for twelve months.

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 must accompany children on all visits. Children under 14 are prohibited from using tanning devices without a physician's written prescription. For minors age 14 to 18, parents must sign that they understand the risks and agree to the terms of use in the presence of a tanning salon employee or provide 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 or legal 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 or legal guardian's signature authorizing their use of the device and stating that they understand the risks involved. Signature must occur before the tanning facility 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 or legal guardian has signed a consent form stating that they have read and understand the risks in the presence of an employee. 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 or guardians of children under 14 must accompany the child, sign a statement that they understand the risks, and sign a statement defining their relationship with the child. People under 18 must be accompanied by a parent or guardian who signs the consent form or present a notarized statement of consent and a statement of their relationship with the minor.

Texas Tex. Health and Safety Code Ann. § 145.008 under 13; 13-15; 16-18 Under age 13, a physician must recommend it's use and a parent must be present while the device is used. For children ages 13-15, a parent must be present at the facility while the device is in use. For minors 16-17 years old, a parent must sign stating that they understand the warnings and consent to the device's use.

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 or legal guardian appears in person on the minor's first visit and once every 12 months thereafter. The parent 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 age 15 and under must have a parent or 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: 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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Tanning Restrictions for MinorsA State-by-State Comparison

Tanning Restrictions for Minors
A State-by-State Comparison