. , 
:§I'HlHP 
SIXTEENTH CONGRESS OF THE. REPUBLIC. 
) 
Ii)(h~r (If ill!! S,llnrl;Jf~ , 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 ocr 14 P 5 :28 
SENATE 
S. No. 
1845 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15, provides that: 
Section 15. The State shall protect and promote the right to health of the 
people and instil health consciousness among them. 
Indoor tanning is a $2 billion i;ndustry in the United States .. It ~as been reported in 
numerous articles and medical journals that it is not just the sun that increases a person's risk of 
getting skin cancer. A 2002 Dartmouth University study found that tanning device users had 2.5 
times the risk of squamous cell carcinoma and 1.5 times the risk of basal cell carcinoma. Despite 
these astounding statistics, tanning bed use continues to increase and individuals are still under 
the impression that indoor tanning is safer than the outdoor sun . 
. . 
We cannot warn people enough of the major role indoor tanning plays in potentially 
being diagnosed with skin cancer. Because it is the one cancer that is very preventable, 
consumers should be empowered with the latest and most up-to-date information possible.' 
• This bill was originally filed in the 14th Congress. 
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, . 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1845 
Introduced by Senator Miriam Defensor Santiago 
. . 
AN ACT. 
REGULATING TANNING FACILITIES 
'13 
OCT 14 
f) 5 :28 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. " This Act shall be known as the "Tanning Facility Regulatory 
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Act." 
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SECTION 2. Purpose. " It is the purpose of this Act to protect the public from the 
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harmful effects of tanning equipment; inform the public of the risks involved in tanning; and 
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provide guidelines for the proper operation of a tanning business. 
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SECTION 3. Definition of Terms. "As used in this Act, the term-
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(A) 
"Consumer" means any member of the public who is provided access to a tanning 
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facility in exchange for a fee or other compensation, or any individual who, in exchange for a fee 
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or other compensation, is afforded use of a tanning facility lls a condition or benefit of 
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membership or access; 
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(B) 
(C) 
"Department" means the Department of Health; 
"Fee" means the payment or exchange of goods, or anything of value for use of 
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the tanning facility or facilities; 
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(D) 
"Tanning equipment" means sunlamp products and ultraviolet lamps intended to 
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induce skin tanning through the irradiation of any part of the living body; and 
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(E) 
"Tanning' facility" means a room or a booth or group of rooms or booths that 
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houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of 
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the living human body for cosmetic or nonmedical related purposes but does not include any 
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hotel or motel guest rooms where sunlamps are installed in the restroom area. 
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SECTION 4. Permit Requirement. -
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(A) 
A permit issued by the Department shall be required prior to the operation of any 
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tanning facility used by the public for a fee or other compensation. The owner of the facility shall 
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file an application for a permit with the Department on a form prescribed by the Department; 
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(B) 
All permits issued by the Department under this Act shall expire on a specified 
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date and may be renewed by submission to the Department at least thirty (30) days before the 
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expiration date a permit renewal application. 
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(C) 
The Department may refuse to renew the permit of any owner or operator who has 
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been found to be in violation of this Act for the safe operation of tanning facilities. 
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(D) 
Each tanning facility shall be inspected at least once each year after the initial 
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year in which the facility was granted a permit. 
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SECTION 5. Requirements for a Permit. - Before an operator may be granted a permit, 
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the operator must comply with the following requirements-
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(A) 
For each sunlamp product and ultraviolet lamp, the ratio of the irradiance within' 
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the wavelength range of 200 through 400 nanometers shall not exceed 0.003 at any distance or 
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direction from the product or lamp.; 
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(B) 
Each sunlamp shall incorporate a timing device with multiple timer settings 
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adequate for the manufacturer's recommended exposure intervals to produce the expected results. 
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The timing device shall not provide a timing interval 'in excess of the product's recommended 
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maximum exposure time, or ten (10) minutes. This requirement does not preclude the ability of 
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the user to reset the time. The timer may not automatically reset and cause radiation emission to 
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resume for a period greater than the unused portion of the timer cycle when emission from the 
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sunlamp product has been terminated; 
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(C) 
Each sunlamp product shall incorporate a control on the product to enable the user 
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to manually terminate radiation without pulling the electrical plug or coming in contact with the 
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ultraviolet lamp. 
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(D) 
Each sunlamp product shall be accompanied by the number of sets of protective 
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eyewear that is equal to the maximum number of persons intended to be exposed simultaneously 
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to product radiation. The eyewear shall be provided by the manufacturer and shall meet or 
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exceed his product recommendations. All protective eyewear shall be properly sanitized prior to 
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each use. 
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(E) 
Each ultraviolet lamp contained within the sunlamp product shall be shielded so 
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as to not come into contact with the user. A screen 01' transparent cover shall be used for this 
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purpose. 
" 
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(F) 
Each sunlamp product in which the person is in a standing position shall provide a 
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handrail for the user to hold onto during operation of tanning facility. Each tanning facility shall 
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have, clearly marked, the appropriate position the user is to assume prior to operation. 
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(G) 
Each sunlanlp product shall prominently display the following warning label: 
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"DANGER - Ultraviolet radiation. Follow instructions. As with natural 
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sunlight, overexposure can cause; eye injury and sunburn, repeated ,<xposure may 
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cause premature aging of the skin and skin cancer. Medications or cosmetics 
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applied to the skin may increase your sensitivity to ultraviolet light. Consult a 
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physician before using lamp if taking any medication or if you believe yourself 
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especially sensitive to sunlight." 
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(H) 
Each tanning facility shall be so equipped to dissipate heat that the interior 
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temperature does not exceed 100 degrees Fallrenheit or 34 degrees centigrade. 
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SECTION 6. Operating requirements. - Each tanning facility shall have on hand at all 
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times an operator adequately trained in the corr-ect operation of the facility so as to be able to· 
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inform and assist the public in its proper use. Each operator shall perform the following functions 
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as a precondition to the public having access to the tanning facility being made to the public: 
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(A) 
The operator shall require each person desiring to use the facility to fill out a fonn 
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specifying any and all prescription medicines and over-the-counter medications they are 
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presently taking. The form shall be kept as a permanent record of the individual's attendance and 
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progress; 
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(B) 
The operator shall require each person desiring to use a tanning facility to use 
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protective eyewear; 
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(C) 
The operator shall instruct the user in the proper position to maintain in relation to 
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the tanning lamps within the facility; the position of the safety railing, if applicable; the manual 
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switching device to terminate the radiation in case of emergency; and a recommended time of 
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exposure; 
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(D) 
The operator shall monitor the use of the facility to ensure that the interior 
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temperature does not exceed 100 degrees Fahrenheit 9r 34 degrees centigrade; 
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(E) 
The operator shall inspect the facility to ensure that the floors are dry. The floors 
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are to be made dry prior to each individual's use; 
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(F) 
The operator shall give each person using the ·facility a: written copy of the' 
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warning required under this Act prior to each person's use of the facility. The operator shall post 
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signs warning consumers of the potential effects of radiation on persons taking medication and 
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the relationship of radiation to skin cancer; and 
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(G) 
The operator shall be responsible for proper sanitizing procedures for all sunlamp 
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equipment and protective eyewear between every user. ' 
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SECTION 7. Penalties. -The Secretary of Health is empowered to establish and assess 
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penalties or fines against a permit holder for violations of this Act or regulations adopted under 
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this Act. In no circumstance shall any penalties or fines exceed PI 0,000.00 per day for each day 
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the permit holder remains in violation. 
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SECTION 8. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 9. Repealing Clause. - Any law, .presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions ofthis Act is hereby repealed, modified, or amended accordingly. 
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SECTION 10. Efecectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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