Tanning ban on hold; lobbyist vows lawsuit
Salon owners grappling with how to handle new policy for teens
By Sarah Breitenbach
sbreitenbach@patuxent.com
Posted 11/24/09
Howard County Health Officer Dr. Peter Beilenson said last week the 30-day grace period for compliance will be extended because the necessary documents, including registration and client consent forms, have not been distributed to area salons.
The ban, passed unanimously by the county’s health board Nov. 10, prohibits children under 18 from using tanning beds, which health department officials say are linked to melanoma, a deadly form of skin cancer. It was to take effect Nov. 12.
Melissa Moore, who owns Bodyworks Tannery, in Elkridge, said she has not received information from the health department on implementing the new policy, which also requires that before each tanning session, salons issue all customers a written warning describing melanoma and the risks of exposure to UV light.
“I don’t even know what to say at this time,” Moore said. “We’re still trying to figure things out. I still haven’t received all the information I need.”
Beilenson said he expects documents will be drawn up and distributed to salons by Dec. 1, making enforcement possible Jan. 1. “We’re trying to be as responsive to the tanning salon owners’ concerns as possible,” he said.
Owner: Ban ‘unfair’
Salon owners are still grappling with how to handle the ban.
Christie Manning, owner of Electric Sun Tanning Boutique, in Woodstock, said she learned about the ban from local media and owners of a salon in Baltimore County, where a similar policy was recently rejected by the county council.
“I just think it’s very unfair how they went about it, how quickly the ban was put into effect and also they’re taking the rights out of the parents’ hands to make the decision,” she said.
Between 10 and 15 percent of her clients are under 18, Manning said. She has yet to decide how she will address refunding money to minors who purchased a series of tanning sessions.
“Most everyone that has come in has shared how ridiculous this is,” Moore said. “The one parent that I had to refund was very angry with me, but I obviously had nothing to do with it.”
The health department’s regulation also requires salon owners pay an annual registration fee of up to $65.
“We do this for everything,” Beilenson said. “There’s almost no inspections that we don’t have a fee for.”
The fees, expected to total between $5,000 and $6,000, will pay for the salon inspections, he said.
The regulation also requires that salons meet certain standards for staff training, injury reports and sanitation.
Lawsuit promised
Bruce Bereano, a lobbyist for the Indoor Tanning Association, who has argued that the health board overstepped its authority in creating the regulation, last week reiterated an earlier pledge to file a lawsuit challenging the ban.
He predicted the suit would be filed by Thanksgiving or shortly thereafter and called it a “holiday gift to the (county) council.”
“All of those regulations will be challenged,” he said. “They think I’m just blowing smoke and what have you, but they did not get sound proper advice from the county solicitor.”
Beilenson, however, said the regulation is within the health department’s authority.
“There’s been a lot of complaints to us,” he said. “Since we don’t inspect them, there’s not much we can do about it.”
Mary Kay Sigaty, chairwoman of the Howard County Council, said she is not bothered by the health board’s decision.
“I had our staff look at how this was actually done and it was completely legal for it to come through the health board,” she said.
user comments (13)
user milton says...
Call me names if that is the best you can do, but at least I am not arrogant and self righteous enough to tell others how to raise their children, unlike Peter Bielenson. Even if it turns out to be legal that the Board of Health can create enforceable regulations like this, that is a part of the system than needs to be changed ASAP. No one elected those people to do anything.
Posted 12:29 PM, 11.24.09
user geniusthinker says...
Milton, I apologize for name-calling. Arrogant and self righteous? I bet you don't bat an eye at Beilenson inspecting retaurants and bars to ensure the food you eat is safe. Do you dislike the fact that he inspects well and septic systems for leaks so that they don't effect other people's property? Why don't you criticize him for making sure that public pools have an adequate number of lifeguards on staff or use the appropriate clorine mixture to kill germs? Perhaps you don't care if merchants sell tobacco to minors -- yes he enforces that one, too? Perhaps the tanning regulations will help protect the public and those adults that continue to tan. Parents who allow their kids to use tanning facilities don't know what happens when their kid steps into the booth. What if those catering to little kids are the "not so clean" places? How can parents know if one tanning salon is cleaner/safer than others? How can parents trust that salon owners will set the timers correctly? How can parents be sure that tanning facility owners properly trained their attendants? How can parents be sure that tanning facility staff clean beds in-between each use? How can parents be sure that tanning facility staff won't allow their teenager to tan more than is recommended or that the attendant will tell them that they are fair skinned and shouldn't tan? I bet that most people want and appreciate the public health protections that we have in Howard County. So, I say... Beilenson: WIN
Posted 4:58 PM, 11.24.09
user lacrosse02 says...
it seem to me its a no brainer, considering it takes a few sessions of a couple of minutes to get a tan, which would take several hours if out in the sun obviously can not be good for you. not to mention, looking at people who have tanned for years, their skin ends up looking like leather
Posted 6:21 PM, 11.24.09
user milton says...
Geniusthinker- on the contrary, I think most of the work the health department does is completely ridiculous, and restaurant inspections are a great example of that. What keeps restaurants safe is the profit motive of the owners and their desire to maintain a good reputation. Health department inspections are nothing more than theater which do little more than add costs. If some citizens like the moronic Health Department inspections, fine, then make compliance voluntary and let people decide if they want to eat at government approved restaurants or not. Don't empower people like Peter Beilenson to make the decision for us by the force of law. There is a cost and benefit to everything, and the people themselves should make the decisions, not arrogant and foolish government officials. Beilenson could in theory save lives by lowering the speed limit on highways to 5 miles an hour, but who would want to live in a place where you can't drive faster than 5 miles an hour? All of this Health Department nonsense comes at the expense of personal freedom.
Posted 6:45 PM, 11.24.09
user concernedcitizen27 says...
If Bruce Bereano is against the ban, then I'm for it. Has anyone every looked up that scumbag?
Posted 8:52 AM, 11.25.09
user gizzmo501 says...
I am curious how many complaints has the health department received in regards to tanning salons in the last 5 years? Didn't Maryland pass a law regulating teen tanning just a few years ago? Was this law not working?
Posted 1:19 PM, 11.25.09
user kanewbs says...
A teenager can get an ABORTION (and without a parent's consent!), but not a tan or a piercing? There are HUGE risk factors with abortions (especially for the baby). There are also many risks for the pregnant woman/teenager. I bet you don't hear Planned Parenthood telling you about that.
Posted 2:23 PM, 11.25.09
user belovedcartoonmouse says...
Nannystate. I can't wait till the day Dr. Beilenson picks my meals for me.
Posted 4:18 PM, 11.25.09
user says...
Well well, everybody thinks they’re an expert now … 1) The state of Maryland just passed an in-person parental consent requirement for anyone under the age of 18. When the parent comes into the salon to sign for THEIR teenager to tan, the parent has the option to tour the salon, ask any pertinent questions, review the skin type chart and dictate THEIR teenagers session length and schedule. 2) So geniusthinker, get off your high horse! 3)This disaster began with the UN-WHO-IRAC report released a couple of months ago; which changed the classification of tanning beds to category 1. Category 1 also includes: red wine, beer, sardines, and the Sun. The IRAC based their judgment on just 7 of 22 studies and of those 7 only 4 had any validity. However those 4 studies did not differentiate skin type 1 persons or persons with Melanoma heredity, once those factors were removed, the increased risk becomes ZERO. Also keep in mind they we are using words such as: can and risk. 4) Wake up people, this is just another market for pharmaceutical companies to control your health. Vitamin D Deficiency is linked to 17 different cancers, bone disease, autoimmune diseases, heart diseases, neurological diseases and many variations of each but the pharmaceutical companies and their paid cohorts do not want you to know that Vitamin D can be created in your skin naturally from the Sun and Tanning Beds. Not only do they make millions from all the products that use their SunBlock CHEMICALS, but they make millions from all the diseases caused by Vitamin D Deficiency. 5) Tanning beds are regulated by the Federal Gov. - FDA, the FDA has researched Tanning Beds numerous times and determined that they are approved for tanning. 6) Beilenson stated that he received complaints, well, FDA inspections are complaint driven, so if they have not received complaints, then they do not investigate, I have to question Beilenson’s honesty in who is making the complaints, likely not a tanning client. This is political and Beilenson is wrong!
Posted 12:24 AM, 11.27.09
user citizentaxpayerjane says...
Agreed, user. When off target decisions and statements are so hugely far from the mark, it begs for further explanation.
Posted 8:02 AM, 11.27.09
user watchdog says...
7) lacrosse02, are you serious? This statement made through the years by derms. remains ludicrous. Bad skin is 99% HEREDITY! Yes there maybe outside influences, but they are evident with excess; primarily #1-STRESS, #2-SMOKING and #3-ALCOHOL ABUSE. In my 26 years of year round tanning, growing up in the baby oil and iodine era, I see no correlation in myself or those around me. In fact the Sun lovers that I know have beautiful skin. I had a conversation with a derm. Whom I caught off guard when trying to tell me how bad tanning was for my skin and I commented that I have beautiful skin, look for yourself and he ceded that wrinkles are in fact HEREDITY! 8) gizzmo501, good question and it has been answered in my 1) statement. Additionally, the law just went into effect Oct. 1, so it has not been given a chance to succeed or fail. Certain non-profit foundations have back-door’d their agenda regardless of what law is on the books. What they have gained is Gov. grants and increased donations and increased salaries for their officers and staff. This is a political issue, one that if fraught with lies and mis-information – all dished out for fortune and fame. To learn more unadulterated truths regarding search the internet for Vitamin D deficiency …
Posted 9:36 AM, 11.27.09
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