Tanning Legislation in 2015
2015 State by State Comparison
Updated October 2015
2015 Indoor Tanning Legislation
California
AB 1464 Would require regulation of tanning facilities, including licensing and inspections.
Florida
SB 0376 Prohibits minors under 18 from using tanning devices unless a health care provider prescribes use of the device to treat a medical condition and there is a statement signed by the minor’s parent/guardian and witnessed by the operator or proprietor of the tanning facility.
Idaho
HB 177 Prohibits minors under 14 from tanning devices. Requires written parent/guardian in-person consent for minors 14 until 18. Allows minors to use tanning devices when authorized by a physician’s prescription.
Signed into law: March 23, 2015
Effective: July 1, 2015
Minnesota
HF 1869 Repeals the under 18 ban and would allow a parent/guardian to consent for a minor under 18 to use a tanning device.
Montana
HB 130 Requires minors under 18 provide in-person parent/guardian written consent to use tanning devices at a tanning facility. The consent form must include the number of times, up to 12 times a year, that the minor may use a device. The consent form expires after 12 months.
SB 125 Prohibits minors under 18 from using tanning devices.
New Hampshire
HB 136 Prohibits minors under 18 from tanning devices in a tanning facility.
Signed into law 6/2/15
Effective 8/1/15
South Dakota
HB 1166 Prohibits minors under 18 from using tanning devices.
State Laws with Tanning Restriction for Minors
Alabama
Law: Code of Alabama 1975 Section 22-17B-2
Age Restriction: Under 15, 15, 16-17
Ban Details: Prohibits minors under 15 from using tanning devices unless prescribed by a physician. Requires 15-year-olds to provide parent/guardian in-person written consent and the parent/guardian is present at the facility during the use of the device. Requires 16 and 17-year-olds to provide parent/guardian in-person written consent.
Arizona
Law: AZ Admin. Code R12-1-1414 A2
Age Restriction: Under 18
Ban Details: Requires parent/guardian in-person written consent for minors under 18.
Arkansas
Law: Ark. Stat. Ann. 20-27-2202
Age Restriction: Under 18
Ban Details: Requires parent/guardian in-person written consent for minors under 18.
California
Law: CA Bus. and Prof. Code 22706 (b) (3) and (4)
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using commercial tanning devices.
Connecticut
Law: Conn. Gen. Stat. § 19a-232
Age Restriction: Under 17
Ban Details: Prohibits minors under 17 from using tanning devices.
Delaware
Law: Del. Code Ann. tit, 16 § 30D
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
District of Columbia
Law: DC Act 20-549
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
Florida
Law: FL Stat. Ann. § 381.89 (1998)
Age Restriction: Under 14; 14-18
Ban Details: Parents/guardians must accompany minors under 14 on all visits. Requires parent/guardian written consent for minors between 14-18.
Georgia
Law: GA Code Ann. § 31-38-8 (2010)
Age Restriction: Under 14; 14-18
Ban Details: Prohibits minors under 14 from using tanning devices. Requires parent/guardian in-person written consent for minors 14 years of age or over but under 18 years of age.
Hawaii
Law: HRS § 321-12.2
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
Idaho
Law: ID Code Section 18 – 1523
Age Restriction: Under 14; Under 18
Ban Details: Prohibits minors under 14 from tanning devices. Requires written parent/guardian in-person consent for minors 14 until 18. Allows minors to use tanning devices when authorized by a physician’s prescription.
Effective: July 1, 2015
Illinois
Law: IL Admin. Code Title 77; Sec. 795.190 (c)
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
Indiana
Law: IN Code Ann. § 25-8-15.4-16
Age Restriction: Under 16; 16 and 17
Ban Details: Prohibits minors under 16 from using tanning devices. Minors 16 and 17 require parent/guardian in-person written consent.
Kentucky
Law: KRS Chapter 217.922
Age Restriction: Under 14; 14-18
Ban Details: Parent/guardian must accompany children under the age of 14. Requires parent/guardian written consent for someone under 18. The consent is valid for 1 calendar year.
Louisiana
Law: LA Rev. Stat. Ann. § 40:2707
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devic
Maine
Law: 10-144 Dept. of Human Services ch. 223 12A (3)(f)
Age Restriction: Under 14; Under 18
Ban Details: Prohibits minors under 14 from using tanning devices. Requires parent/guardian in-person written consent for minors 14 years of age and older. Valid for 1 year. Parent/guardian must accompany minors 14 and 15 years of age when tanning equipment in use.
Maryland
Law: Md. Health Code Ann. § 20-106
Age Restriction: Under 18
Ban Details: Parent/guardian must give in-person written consent for a minor to use tanning devices.
Massachusetts
Law: MA Gen. Laws Ann. ch. 111 Public Health § 211
Age Restriction: Under 18
Ban Details: Prohibit minors under 18 from using tanning devices.
Michigan
Law: MI Comp. Laws Ann. § 333.13405
Age Restriction: Under 18
Ban Details: Requires in-person consent for minors under 18. Valid for 1 year.
Minnesota
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
Mississippi
Law: Miss Code Ann. § 41-115-1
Age Restriction: Under 14; Under 18
Ban Details: Parent/guardian must accompany minor under 14 during the entire time that the minor uses a tanning device at the tanning facility. Requires in-person written consent for minors under 18. Valid for 1 year and must specify the number of sessions.
Missouri
Age Restriction: Under 17
Ban Details: Requires parent/guardian in-person written consent annually for minors under 17.
Nebraska
Law: NE Laws 2014, LB132, §4-6
Age Restriction: Under 16
Ban Details: Requires minors under 16 be accompanied by a parent/guardian and the parent/guardian before each use provides in-person written consent.
Nevada
Law: NRS 597.7617
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
New Hampshire
Law: NH Rev. Stat. Ann. § tit. XXX 313-A:31
Age Restriction: Under 14; 14-18
Ban Details: Parent/guardian must accompany minor under 14. Parent must accompany minors between 14 and 18 for their initial use. A licensed physician must authorize use of tanning devices for minors under 14. Minors under 18 must provide in-person parent/guardian consent. Valid for 12 visits.
Effective: 8/1/15
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from indoor tanning devices.
New Jersey
Law: NJ Rev. Stat. § C. 26:2D-82.1; A2142/S1172 (2013); Gov’s statement
Age Restriction: Under 17; Under 18; under 14
Ban Details: Prohibits minors under 17 from using tanning devices. 17 year olds must obtain parent/guardian written consent. Prohibits minors under 14 from using spray tan.
New York
Law: NY Public Health Law Article 35-A ch. 3555
Age Restriction: under 17; under 18
Ban Details: Prohibits minors under 17 from using tanning devices. Requires parent/guardian in-person written consent for 17 year olds.
North Carolina
Laws: NC Gen. Stat.§ 104E-9.1 HB 158 / S.L. 2015-21 (= S125)
Age Restriction: Under 14; Under 18
Ban Details: Prohibits minors under 14 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. Requires parent/guardian consent for minors under 18.
Effective: 10/1/15
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from indoor tanning devices.
North Dakota
Law: ND Cent. Code § Health and Safety Chapter 23-39
Age Restriction: Under 14; 14- 18
Ban Details: Prohibit minors under 14 from using tanning devices without a physician’s written prescription. Parents/guardians must accompany minors under 14 on all visits.
Requires in-person parent/guardian for minors under 18. Valid for 12 months.
Ohio
Law: OH Admin. Code 4713-19-09 (B)
Age Restriction: Under 16; Under 18
Ban Details: Under 16 must be accompanied by a parent/guardian each time. Ages 16-17 requires in-person written consent for 90-days, but not for more than 45 visits.
Oregon
Law: OAR 333-119-0090 (2)
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices unless prescribed by a physician.
Pennsylvania
Law: 2014 Act No. 41
Age Restriction: Under 17; 17
Ban Details: Prohibits minors under 17 from using tanning devices. Requires parent/guardian written consent for 17 year olds.
Rhode Island
Law: Dept. of Health Rules and Regulations for the Registration of Tanning Facilities Part III; Sec. 9.5
Age Restriction: Under 18
Ban Details: Requires minors under 18 present a written prescription by a licensed physician or, for every two visits, a parent/guardian provides in-person written consent acknowledging the risks. Infants and other minors are not allowed in the room with adults who are tanning.
South Carolina
Law: SC Code Ann. § ch. 61, sec. 106-3.7.1
Age Restriction: Under 18
Ban Details: Requires parent/guardian in-person written consent for minors under 18.
Tennessee
Law: TN Code Ann. § 68-117-104
Age Restriction: Under 14; 14-18
Ban Details: Parents/guardians of minor under 14 must accompany the child when device is in use. Minors under 18 must be accompanied by a parent/guardian who signs a consent form or presents a notarized statement acknowledging the risks.
Texas
Law: TX Health and Safety Code Ann. § 145.008
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
Utah
Age Restriction: Under 18
Ban Details: Parent/guardian must accompany minors under 18 at each visit. Prohibits anyone under the age of 18 from using a tanning device unless the minor (i) has a written order from a physician or (ii) at each time of use the minor is accompanied by a parent/guardian who provides written consent authorizing the minor to use the tanning device.
Vermont
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
Virginia
Law: VA Code § 59.1-310.3
Age Restriction: Under 15
Ban Details: Requires parent/guardian written consent for unemancipated minors under 15. Valid for 6 months.
Washington
Law: WA Title 18 RCW Business and Professions Chapter 18, 370
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices unless prescribed by a physician.
West Virginia
Age Restriction: Under 18
Ban Details: Prohibits minors under 18 from using tanning devices.
Wisconsin
Law: WI Code Ann. § 463.25(9)(a)
Age Restriction: Under 16
Ban Details: Prohibits minors under 16 from using tanning devices.
Wyoming
Law: W.S. 14-3-108
Age Restriction: Under 15; 15-18
Ban Details: Requires parent/guardian accompany minor under 15 on all visits, sign in-person consent, and is present the entire time of use. Requires parent/guardian in-person written consent for minors age 15 to the age of majority. Consent is valid for 12 months.
Source: AIM at Melanoma and StateNet.
Note: List may not be comprehensive but is representative of the state laws that exist. AIM appreciates additions and corrections. Contact us at sguild@AIMatMelanoma.org.