GENERAL ASSEMBLY OF NORTH CAROLINA
                          SESSION 2003
                              
                               
                      SESSION LAW 2004-157
                         SENATE BILL 657
                              
                               
AN ACT TO PROVIDE THAT OPERATORS OF TANNING EQUIPMENT SHALL
  PROVIDE WARNING STATEMENTS TO CONSUMERS REGARDING THE HAZARDS
  OF EXPOSURE TO ULTRAVIOLET RADIATION AND SHALL OBTAIN A
  CONSUMER'S ACKNOWLEDGMENT OF THE WARNING BEFORE THE
  CONSUMER'S INITIAL USE; TO PROVIDE THAT OPERATORS SHALL NOT
  ALLOW A PERSON 13 YEARS AND YOUNGER TO USE TANNING EQUIPMENT
  WITHOUT A WRITTEN PRESCRIPTION; TO PROHIBIT OPERATORS AND
  OWNERS FROM CLAIMING THAT USING TANNING EQUIPMENT IS SAFE; TO
  PERMIT THE RADIATION PROTECTION COMMISSION TO ADOPT RULES
  IMPLEMENTING THIS ACT THAT SHALL BE ENFORCED BY THE
  DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO DEFINE THE TERMS
  "CONSUMER", "TANNING FACILITY", AND "TANNING EQUIPMENT"; AND
  TO MAKE THIS ACT EFFECTIVE OCTOBER 1, 2004.

       Whereas, on an average day in the United States, more
than one million people visit indoor tanning salons for the
purpose of tanning the skin; and
       Whereas, studies have found that indoor tanning may be
just as harmful to the skin as outdoor sun exposure; and
       Whereas, most indoor tanning salon bulbs provide a
significant amount of UVA and UVB radiation, both types of which
are found in the outdoor sun and cause various types of damage
to the skin that may lead to skin cancer; and
       Whereas, past studies have suggested that tanning beds
contribute to the incidence of melanoma, and a recent study in
the Journal of the National Cancer Institute indicates that the
use of tanning devices may also contribute to the incidence of
nonmelanoma skin cancers; and
       Whereas, dermatologists across the country are alarmed
with the number of teenagers and young adults who continue to
patronize tanning salons regardless of studies reporting the
link between sun exposure and a wide array of skin cancers; and
       Whereas, the Centers for Disease Control and Prevention
reports an estimated 700 emergency department visits per year
related to tanning salon exposure; Now, therefore,

The General Assembly of North Carolina enacts:
       
       SECTION 1.  Chapter 104E of the General Statutes is
amended by adding the following new section to read:
" 104E-9.1. Restrictions on use and operation of tanning
       equipment.
  (a)   Operators of tanning equipment and owners
of tanning facilities subject to rules adopted pursuant to this
Chapter shall comply with or ensure compliance with the
following:
       (1)  The operator shall provide to each
            consumer a warning statement that defines the
            potential hazards and consequences of exposure to
            ultraviolet radiation. Before allowing the
            consumer's initial use of the tanning equipment,
            the operator shall obtain the signature of the
            consumer on the warning statement acknowledging
            receipt of the warning.
       (2)  The operator shall not allow a person
            13 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.
       (3)  Neither an operator nor an owner shall
            claim or distribute promotional materials that
            claim that using tanning equipment is safe or free
            from risk or that using tanning equipment will
            result in medical or health benefits.
  (b)  The Commission may adopt, and the Department
shall enforce, rules to implement this section. The requirements
of this section are in addition to other rules adopted pursuant
to this Chapter that are applicable to tanning facilities and do
not conflict with this section.
  (c)  As used in this section, unless the context
requires otherwise, the term:
       (1)  'Consumer' means any individual who is
            provided access to a tanning facility that is
            subject to registration and regulation under this
            Chapter.
       (2)  'Tanning facility' means any location,
            place, area, structure, or business that provides
            consumers access to tanning equipment. For the
            purpose of this definition, tanning equipment
            registered to different persons at the same
            location and tanning equipment registered to the
            same person, but at separate locations, shall
            constitute separate tanning facilities.
       (3)  'Tanning equipment' means ultraviolet
            or other lamps and equipment containing such lamps
            intended to induce skin tanning through the
            irradiation of any part of the living human body
            with ultraviolet radiation."
       SECTION 2.  This act becomes effective October 1,
2004.
       In the General Assembly read three times and ratified
this the 18th day of July, 2004.


                            s/      Marc Basnight
                               President Pro Tempore of the
Senate


                            s/      Richard T. Morgan
                               Speaker of the House of
Representatives


                            s/      Michael F. Easley
                               Governor


Approved 4:36 p.m. this 2nd day of August, 2004