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January 13, 2012

Spray-tanning minors would need a parent present

INDIANAPOLIS — Indiana lawmakers are considering a bill that would require teenagers who want to be spray-tanned in the nude to be accompanied by a parent or guardian.

The bill also requires anyone under 18 to have written approval from a parent or guardian to be spray-tanned — much like the current state law that requires parental approval for minors using indoor-tanning booths.

The bill was filed by state Rep. Bruce Borders, a Republican from Jasonville, in response to an incident that occurred at a Linton, Ind., tanning salon. The salon owner, who is male, applied a spray-on suntan chemical to a nude 15-year-old girl, who had forged a permission note from her mother.

At tanning businesses in Elkhart County, no one under the age of 16 may receive the services without a parent being present, and some now require anyone under the age of 18 to have parental consent.

At Signature Tanning in Elkhart, a young person has to be 16 years and 1 day old to obtain a tanning service without parental approval.

“If they are under 16, a parent has to be with them,” explained Rebecca Carter, at Signature. She said the business’ spray tan booth was broken and the business is trying to get it repaired.

Whitney Smego, a technician at Coconut Tan and Spa, Elkhart, said the business requires parental consent for anyone under the age of 18 now for any tanning service.

“I sprayed a tan on a 9-year-old once, and the mother was present,” she said.

A clerk at a Goshen tanning salon, who did not want to be identified, said state law requires anyone under the age of 16 must have a parent present and those younger than 18 must have parental approval when signing up for tanning services initially.

During a hearing on the bill Thursday, Borders said the incident occurred during prom season and the salon owner told him he was “swamped” with teenage clients and couldn’t wait for his wife to return to apply the chemical spray.  

Borders found out about the incident when the girl’s mother contacted him after she was told by police that no crime had occurred. Borders said the Indiana State Police told him the same thing.

“The current laws don’t cover this,” Borders told committee members.

The bill would prohibit anyone younger than 18 from getting a spray tan application without a written permission statement signed by a parent or guardian in the presence of the owner, operator or employee of the spray tanning business.

It also requires a parent or guardian to be present if the minor is fully or partially exposed during the spray tanning application.

Violating the law would carry a fine of up to $500 for the first offense; up to $1,000 for a second offense. No vote was taken on the bill; it’s expected to come up for a vote at a later committee hearing. 

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