Tanning facilities.

Existing law, the Filante Tanning Facility Act of 1988, provides for the regulation of tanning facilities by the Department of Consumer Affairs, and a violation of the act is a crime. Existing law prohibits persons under 14 years of age from using an ultraviolet tanning device and prohibits persons between 14 and 18 years of age from using that device without specified consent from a parent or legal guardian. The act does not apply to a phototherapy device, as defined, used by or under the direct supervision of a qualified physician and surgeon. Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law authorizes a physician and surgeon to prescribe, dispense, furnish, or administer prescription drugs subject to specified requirements. This bill would eliminate the consent option regarding persons between 14 and 18 years of age described above and would prohibit persons under 18 years of age from using an ultraviolet tanning device. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would specify that nothing shall preclude a physician and surgeon from prescribing the use of a phototherapy device to a patient of any age. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.