By Lewis of Orange, Wise H.B. No. 663
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of tanning facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 145.002, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 145.002. DEFINITIONS. In this chapter:
1-7 (1) "Authorized agent" means an employee of the
1-8 department designated by the commissioner to enforce this chapter.
1-9 (2) "Fitzpatrick scale" means the following scale for
1-10 classifying a skin type, based on the skin's reaction to the first
1-11 10 to 45 minutes of sun exposure after the winter season:
1-12 Skin Type Sunburning and Tanning History
1-13 1 Always burns easily; never tans
1-14 2 Always burns easily; tans minimally
1-15 3 Burns moderately; tans gradually
1-16 4 Burns minimally; always tans well
1-17 5 Rarely burns; tans profusely
1-18 6 Never burns; deeply pigmented.
1-19 (3) [(2)] "Health authority" has the meaning assigned
1-20 by Section 121.021.
1-21 (4) [(3)] "Operator" means an owner of a tanning
1-22 facility or an agent of an owner of a tanning facility.
1-23 (5) [(4)] "Person" means an individual, partnership,
1-24 corporation, or association.
2-1 (6) [(5)] "Phototherapy device" means a piece of
2-2 equipment that emits ultraviolet radiation and is used by a health
2-3 care professional in the treatment of disease.
2-4 (7) [(6)] "Tanning device" means a device under
2-5 Section 431.002 and includes any equipment, including a sunlamp,
2-6 tanning booth, and tanning bed, that emits electromagnetic
2-7 radiation with wavelengths in the air between 200 and 400
2-8 nanometers and is used for the tanning of human skin. The term
2-9 also includes any accompanying equipment, including protective
2-10 eyewear, timers, and handrails.
2-11 (8) [(7)] "Tanning facility" means a business that
2-12 provides persons access to or use of tanning devices.
2-13 SECTION 2. Section 145.005(a), Health and Safety Code, is
2-14 amended to read as follows:
2-15 (a) A tanning facility shall give each customer a written
2-16 statement warning that:
2-17 (1) failure to use the eye protection provided to the
2-18 customer by the tanning facility may result in damage to the eyes;
2-19 (2) overexposure to ultraviolet light causes burns;
2-20 (3) repeated exposure may result in premature aging of
2-21 the skin and skin cancer;
2-22 (4) abnormal skin sensitivity or burning may be caused
2-23 by reactions of ultraviolet light to certain:
2-24 (A) foods;
2-25 (B) cosmetics; or
2-26 (C) medications, including:
2-27 (i) tranquilizers;
3-1 (ii) diuretics;
3-2 (iii) antibiotics;
3-3 (iv) high blood pressure medicines; or
3-4 (v) birth control pills; [and]
3-5 (5) any person taking a prescription or
3-6 over-the-counter drug should consult a physician before using a
3-7 tanning device;
3-8 (6) a person with skin that always burns easily and
3-9 never tans should avoid a tanning device; and
3-10 (7) a person with a family or past medical history of
3-11 skin cancer should avoid a tanning device.
3-12 SECTION 3. Sections 145.006(a) and (b), Health and Safety
3-13 Code, are amended to read as follows:
3-14 (a) A tanning facility shall post a warning sign in a
3-15 conspicuous location where it is readily visible by persons
3-16 entering the establishment. The board by rule shall specify the
3-17 size, design, and graphic design of the sign. The sign must have
3-18 dimensions of at least 11 inches by 17 inches and must contain the
3-19 following wording:
3-20 DANGER: ULTRAVIOLET RADIATION
3-21 Repeated exposure to ultraviolet radiation may cause chronic
3-22 sun damage characterized by wrinkling, dryness, fragility, bruising
3-23 of the skin, and skin cancer.
3-24 Failure to use protective eyewear may result in severe burns
3-25 or permanent injury to the eyes.
3-26 Medications or cosmetics may increase your sensitivity to
3-27 ultraviolet radiation. Consult a physician before using a sunlamp
4-1 if you are using medications, have a history of skin problems, or
4-2 believe you are especially sensitive to sunlight. Pregnant women
4-3 or women taking oral contraceptives who use this product may
4-4 develop discolored skin.
4-5 A customer may call the Texas Department of Health at (insert
4-6 toll-free telephone number) to report an injury regarding this
4-7 tanning facility.
4-8 IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN
4-9 FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP.
4-10 (b) A tanning facility operator shall also post a warning
4-11 sign at each tanning device in a conspicuous location that is
4-12 readily visible to a person about to use the device. The board by
4-13 rule shall specify the size, design, and graphic design of the
4-14 sign. The sign must have dimensions of at least 11 inches by 17
4-15 inches and must contain the following wording:
4-16 DANGER: ULTRAVIOLET RADIATION
4-17 1. Follow the manufacturer's instructions for use of this
4-18 device.
4-19 2. Avoid too frequent or lengthy exposure. As with natural
4-20 sunlight, exposure can cause serious eye and skin injuries and
4-21 allergic reactions. Repeated exposure may cause skin cancer.
4-22 3. Wear protective eyewear. Failure to use protective
4-23 eyewear may result in severe burns or permanent damage to the eyes.
4-24 4. Do not sunbathe before or after exposure to ultraviolet
4-25 radiation from sunlamps.
4-26 5. Medications or cosmetics may increase your sensitivity to
4-27 ultraviolet radiation. Consult a physician before using a sunlamp
5-1 if you are using medication, have a history of skin problems, or
5-2 believe you are especially sensitive to sunlight. Pregnant women
5-3 or women using oral contraceptives who use this product may develop
5-4 discolored skin.
5-5 A customer may call the Texas Department of Health at (insert
5-6 toll-free telephone number) to report an injury regarding this
5-7 tanning device.
5-8 IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN
5-9 FROM USE OF THIS DEVICE.
5-10 SECTION 4. Section 145.008, Health and Safety Code, is
5-11 amended by amending Subsections (e), (f), (g), and (h) and adding
5-12 Subsections (i), (j), and (k) to read as follows:
5-13 (e) Before a customer who is 18 years of age or older uses a
5-14 tanning facility's tanning [facility] device for the first time and
5-15 each time a person executes or renews a contract to use a tanning
5-16 facility [device], the person must provide photo identification and
5-17 sign a written statement acknowledging that the person has read and
5-18 understood the required warnings before using the device and agrees
5-19 to use protective eyewear.
5-20 (f) A tanning facility may not allow a person younger than
5-21 13 years of age to use a tanning device unless:
5-22 (1) the facility receives written permission from the
5-23 person's physician allowing the person to use the device; and
5-24 (2) the person's parent or legal guardian remains at
5-25 the tanning facility while the person uses the device.
5-26 (g) Before any person 16 or 17 [who is younger than 18]
5-27 years of age uses a tanning facility device for the first time, the
6-1 person must give the operator a written informed consent statement
6-2 signed and dated by the person's parent or legal guardian stating
6-3 that the parent or legal guardian has read and understood the
6-4 warnings given by the tanning facility, consents to the minor's use
6-5 of a tanning device, and agrees that the minor will use protective
6-6 eyewear. In addition, a person 13, 14, or 15 [younger than 14]
6-7 years of age must be accompanied by a parent or legal guardian who
6-8 must remain at the tanning facility while the person uses the
6-9 [younger than 14 years of age is using a] tanning device.
6-10 (h) [(g)] When a tanning device is in use by a person,
6-11 another person may not be allowed in the area of the tanning
6-12 device.
6-13 (i) [(h)] A record of each customer using a tanning device
6-14 shall be maintained at the tanning facility at least until the
6-15 third anniversary of the date of the customer's last use of a
6-16 tanning device. The board by rule shall prescribe the form and
6-17 content of the records. The record shall include:
6-18 (1) the date and time of the customer's use of a
6-19 tanning device;
6-20 (2) the length of time the tanning device was used;
6-21 (3) any injury or illness resulting from the use of a
6-22 tanning device; [and]
6-23 (4) any written informed consent statement required to
6-24 be signed under Subsection (e);
6-25 (5) the customer's skin type, as determined by the
6-26 customer by using the Fitzpatrick scale for classifying a skin
6-27 type;
7-1 (6) whether the customer has a family history of skin
7-2 cancer; and
7-3 (7) whether the customer has a past medical history of
7-4 skin cancer [or (f)].
7-5 (j) An operator shall keep an incident log at each tanning
7-6 facility. The log shall be maintained at the tanning facility at
7-7 least until the third anniversary of the date of an incident. The
7-8 board by rule shall prescribe the form and content of the log. The
7-9 log shall include each:
7-10 (1) alleged injury;
7-11 (2) use of a tanning device by a customer not wearing
7-12 protective eyewear;
7-13 (3) mechanical problem with a tanning device; and
7-14 (4) customer complaint.
7-15 (k) The Texas Department of Health shall provide to each
7-16 applicant for an original or renewal license a written copy of the
7-17 Fitzpatrick scale.
7-18 SECTION 5. Chapter 145, Health and Safety Code, is amended
7-19 by adding Section 145.015 to read as follows:
7-20 Sec. 145.015. TOLL-FREE NUMBER. The department shall
7-21 maintain a toll-free telephone number that a customer may call to
7-22 report an injury regarding a tanning device or incurred at a
7-23 tanning facility.
7-24 SECTION 6. (a) This Act takes effect September 1, 2001.
7-25 (b) Not later than January 1, 2002, the Texas Board of
7-26 Health shall adopt the rules required by Section 145.008, Health
7-27 and Safety Code, as amended by this Act, and implement the
8-1 toll-free telephone number required by Section 145.015, Health and
8-2 Safety Code, as added by this Act.