By Lewis of Orange H.B. No. 663
77R1442 MXM-D
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 pale eyes or very fair skin that
3-9 always burns and 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. Section 145.006, Health and Safety Code, is
3-13 amended to read as follows:
3-14 Sec. 145.006. WARNING SIGNS. (a) A tanning facility shall
3-15 post a warning sign in a conspicuous location where it is readily
3-16 visible by persons entering the establishment. The board by rule
3-17 shall specify the size, design, and graphic design of the sign.
3-18 The sign must have dimensions of at least 11 inches by 17 inches
3-19 and must contain the 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 (c) The Texas Department of Health shall include with a
5-11 license application and an application for renewal of a license a
5-12 description of the design standards required for signs under this
5-13 section.
5-14 (d) An operator shall post three color photographs on or
5-15 near each warning sign required by this section. The first
5-16 photograph must show the magnified lesions of a person with basal
5-17 cell carcinoma. The second photograph must show the magnified
5-18 lesions of a person with squamous cell carcinoma. The third
5-19 photograph must show the magnified lesions of a person with
5-20 malignant melanoma. The board by rule shall describe each
5-21 photograph, the posting requirements for the photographs, and how
5-22 an operator may obtain copies of photographs for compliance with
5-23 this subsection.
5-24 SECTION 4. Section 145.008, Health and Safety Code, is
5-25 amended by amending Subsections (e), (f), and (h) and adding
5-26 Subsections (i) and (j) to read as follows:
5-27 (e) Before a customer who is 18 years of age or older uses a
6-1 tanning facility's tanning [facility] device for the first time and
6-2 each time a person executes or renews a contract to use a tanning
6-3 facility [device], the person must provide photo identification and
6-4 sign a written statement acknowledging that the person has read and
6-5 understood the required warnings before using the device and agrees
6-6 to use protective eyewear.
6-7 (f) A tanning facility may not allow a person younger than
6-8 18 years of age to use a tanning device. [Before any person who is
6-9 younger than 18 years of age uses a tanning facility device for the
6-10 first time, the person must give the operator a written informed
6-11 consent statement signed and dated by the person's parent or legal
6-12 guardian stating that the parent or legal guardian has read and
6-13 understood the warnings given by the tanning facility, consents to
6-14 the minor's use of a tanning device, and agrees that the minor will
6-15 use protective eyewear. In addition, a person younger than 14
6-16 years of age must be accompanied by a parent or legal guardian who
6-17 must remain at the tanning facility while the person younger than
6-18 14 years of age is using a tanning device.]
6-19 (h) A record of each customer using a tanning device shall
6-20 be maintained at the tanning facility at least until the third
6-21 anniversary of the date of the customer's last use of a tanning
6-22 device. The board by rule shall prescribe the form and content of
6-23 the records. The record shall include:
6-24 (1) the date and time of the customer's use of a
6-25 tanning device;
6-26 (2) the length of time the tanning device was used;
6-27 (3) any injury or illness resulting from the use of a
7-1 tanning device; [and]
7-2 (4) any written informed consent statement required to
7-3 be signed under Subsection (e);
7-4 (5) the customer's eye color;
7-5 (6) the customer's skin type, as determined by the
7-6 customer by using the Fitzpatrick scale for classifying a skin
7-7 type;
7-8 (7) whether the customer has a family history of skin
7-9 cancer; and
7-10 (8) whether the customer has a past medical history of
7-11 skin cancer [or (f)].
7-12 (i) An operator shall keep an incident log at each tanning
7-13 facility. The log shall be maintained at the tanning facility at
7-14 least until the third anniversary of the date of an incident. The
7-15 board by rule shall prescribe the form and content of the log. The
7-16 log shall include each:
7-17 (1) injury;
7-18 (2) use of a tanning device by a customer not wearing
7-19 protective eyewear;
7-20 (3) mechanical problem with a tanning device; and
7-21 (4) customer complaint.
7-22 (j) The Texas Department of Health shall provide to each
7-23 applicant for an original or renewal license a written copy of the
7-24 Fitzpatrick scale.
7-25 SECTION 5. Section 145.010, Health and Safety Code, is
7-26 amended by adding Subsection (f) to read as follows:
7-27 (f) The board by rule shall increase the license fee
8-1 collected under this section to allow the department to recover its
8-2 costs in implementing the program required by Section 145.014.
8-3 SECTION 6. Chapter 145, Health and Safety Code, is amended
8-4 by adding Section 145.014 to read as follows:
8-5 Sec. 145.014. PUBLIC EDUCATION. (a) The department shall
8-6 conduct an education program to inform the public about the dangers
8-7 of tanning.
8-8 (b) The department may accept a gift, grant, or donation to
8-9 be used in administering this section.
8-10 SECTION 7. Chapter 145, Health and Safety Code, is amended
8-11 by adding Section 145.015 to read as follows:
8-12 Sec. 145.015. TOLL-FREE NUMBER. The department shall
8-13 maintain a toll-free telephone number that a customer may call to
8-14 report an injury regarding a tanning device or incurred at a
8-15 tanning facility.
8-16 SECTION 8. (a) This Act takes effect September 1, 2001.
8-17 (b) Not later than November 1, 2001, the Texas Department of
8-18 Health shall adopt the rules required by Sections 145.006, 145.008,
8-19 and 145.010, Health and Safety Code, as amended by this Act, and
8-20 shall implement the toll-free telephone number required by Section
8-21 145.015, Health and Safety Code, as added by this Act.
8-22 (c) A tanning facility or operator is not required to post
8-23 the warning signs and photographs required by Section 145.006,
8-24 Health and Safety Code, as amended by this Act, until December 1,
8-25 2001.