HBA-NMO H.B. 1155 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1155 By: Lewis, Ron Public Health 4/12/1999 Introduced BACKGROUND AND PURPOSE Current law regulates tanning facilities through the Texas Department of Health. Tanning facilities must obtain license, post certain warning signs, require parental consent of customers under 18 years of age, and maintain certain records. H.B. 1155 requires a tanning facility to post additional warning information, prohibits a tanning facility from allowing a person younger than 18 year of age to use a tanning device, and requires a tanning facility to maintain additional customer and incident information. This bill also requires the Texas Department of Health to conduct a public education program on the dangers of tanning and to maintain a toll-free tanning injury hotline. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Health in SECTION 3 (Section 145.006, Health and Safety Code), SECTION 4 (Section 145.008, Health and Safety Code), and SECTION 5 (Section 145.010, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 145.002, Health and Safety Code, to define the "Fitzpatrick scale" as the following scale for classifying a skin type, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season: Skin Type Sunburning and Tanning History 1 Always burns easily; never tans 2 Always burns easily; tans minimally 3 Burns moderately; tans gradually 4 Burns minimally; always tans well 5 Rarely burns; tans profusely 6 Never burns; deeply pigmented. Makes conforming changes. SECTION 2. Amends Section 145.005(a), Health and Safety Code, to require a tanning facility to give each customer a written statement warning, among other things, that a person with pale eyes or very fair skin that always burns and never tans should avoid a tanning device and that a person with a family or past medical history of skin cancer should avoid a tanning device. SECTION 3. Section 145.006, Health and Safety Code, to add the statement "A customer may call the Texas Department of Health at (insert toll-free telephone number) to report an injury regarding this tanning facility" to the warning sign that a tanning facility is required to post in a conspicuous place. Adds the statement "A customer may call the Texas Department of Health at (insert toll-free telephone number) to report an injury regarding this tanning device" to the warning sign that a tanning facility operator is required to post at each tanning device. Requires an operator to post three color photographs on or near each warning sign required by this section. Provides that the first photograph must show the magnified lesions of a person with basal cell carcinoma. Provides that the second photograph must show the magnified lesions of a person with squamous cell carcinoma. Provides that the third photograph must show the magnified lesions of a person with malignant melanoma. Requires the Texas Board of Health (board), by rule, to describe each photograph, the posting requirements for the photographs, and how an operator may obtain copies of photographs for compliance with this subsection. SECTION 4. Amends Section 145.008, Health and Safety Code, by amending Subsections (e), (f), and (h) and adding Subsections (i) and (j) to read as follows: (e) Provides that a person, who is 18 years of age or older, before the person uses a tanning facility's tanning device, rather than a tanning facility device, for the first time and each time a person executes or renews a contract to use a tanning facility, rather than device, must provide photo identification, in addition to signing a particular written statement. (f) Prohibits a tanning facility from allowing a person younger than 18 years of age to use a tanning device, rather than providing that a person younger than 18 years must give written parental consent before using a tanning facility device. (h) Includes the customer's eye color; the customer's skin type, as determined by the customer by using the Fitzpatrick scale for classifying a skin type; whether the customer has a family history of skin cancer; and whether the customer has a past medical history of skin cancer among the required information of each customer that a tanning facility is required maintain. (i) Requires an operator to keep an incident log at each tanning facility. Requires that the log be maintained at the tanning facility at least until the third anniversary of the date of an incident. Requires the board, by rule, to prescribe the form and content of the log. Sets forth the required composition of the log. (j) Requires the Texas Department of Health (TDH) to provide each applicant for an original or renewal license a written copy of the Fitzpatrick scale. SECTION 5. Amends Section 145.010, Health and Safety Code, by adding Subsection (f), as follows: (f) Requires the board, by rule, to increase the license fee collected under this section to allow TDH to recover its costs in implementing the program required by Section 145.014. SECTION 6. Amends Chapter 145, Health and Safety Code, by adding Section 145.014, as follows: Sec. 145.014. PUBLIC EDUCATION. (a) Requires TDH to conduct an education program to inform the public about the dangers of tanning. Authorizes TDH to accept a gift, grant, or donation to be used in administering this section. SECTION 7. Amends Chapter 145, Health and Safety Code, by adding Section 145.015, as follows: Sec. 145.015. TOLL-FREE NUMBER. Requires TDH to maintain a toll-free telephone number that a customer may call to report an injury regarding a tanning device or incurred at a tanning facility. SECTION 8. (a) This Act takes effect September 1, 1999. (b) Requires TDH, not later than November 1, 1999, to adopt the rules required by Sections 145.006, 145.008, and 145.010, Health and Safety Code, and to implement the toll-free number required by Section 145.015, Health and Safety Code. (c) Provides that a tanning facility or operator is not required to post the warning signs and photographs required by Section 145.006, Health and Safety Code, until December 1, 1999. SECTION 9. Emergency clause.