1-1 By: Lewis of Orange, Wise (Senate Sponsor - Nelson) H.B. No. 663
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on Health
1-4 and Human Services; May 4, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 May 4, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 663 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of tanning facilities.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 145.002, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 145.002. DEFINITIONS. In this chapter:
1-15 (1) "Authorized agent" means an employee of the
1-16 department designated by the commissioner to enforce this chapter.
1-17 (2) "Fitzpatrick scale" means the following scale for
1-18 classifying a skin type, based on the skin's reaction to the first
1-19 10 to 45 minutes of sun exposure after the winter season:
1-20 Skin Type Sunburning and Tanning History
1-21 1 Always burns easily; never tans
1-22 2 Always burns easily; tans minimally
1-23 3 Burns moderately; tans gradually
1-24 4 Burns minimally; always tans well
1-25 5 Rarely burns; tans profusely
1-26 6 Never burns; deeply pigmented.
1-27 (3) [(2)] "Health authority" has the meaning assigned
1-28 by Section 121.021.
1-29 (4) [(3)] "Operator" means an owner of a tanning
1-30 facility or an agent of an owner of a tanning facility.
1-31 (5) [(4)] "Person" means an individual, partnership,
1-32 corporation, or association.
1-33 (6) [(5)] "Phototherapy device" means a piece of
1-34 equipment that emits ultraviolet radiation and is used by a health
1-35 care professional in the treatment of disease.
1-36 (7) [(6)] "Tanning device" means a device under
1-37 Section 431.002 and includes any equipment, including a sunlamp,
1-38 tanning booth, and tanning bed, that emits electromagnetic
1-39 radiation with wavelengths in the air between 200 and 400
1-40 nanometers and is used for the tanning of human skin. The term
1-41 also includes any accompanying equipment, including protective
1-42 eyewear, timers, and handrails.
1-43 (8) [(7)] "Tanning facility" means a business that
1-44 provides persons access to or use of tanning devices.
1-45 SECTION 2. Section 145.005(a), Health and Safety Code, is
1-46 amended to read as follows:
1-47 (a) A tanning facility shall give each customer a written
1-48 statement warning that:
1-49 (1) failure to use the eye protection provided to the
1-50 customer by the tanning facility may result in damage to the eyes;
1-51 (2) overexposure to ultraviolet light causes burns;
1-52 (3) repeated exposure may result in premature aging of
1-53 the skin and skin cancer;
1-54 (4) abnormal skin sensitivity or burning may be caused
1-55 by reactions of ultraviolet light to certain:
1-56 (A) foods;
1-57 (B) cosmetics; or
1-58 (C) medications, including:
1-59 (i) tranquilizers;
1-60 (ii) diuretics;
1-61 (iii) antibiotics;
1-62 (iv) high blood pressure medicines; or
1-63 (v) birth control pills; [and]
1-64 (5) any person taking a prescription or
2-1 over-the-counter drug should consult a physician before using a
2-2 tanning device;
2-3 (6) a person with skin that always burns easily and
2-4 never tans should avoid a tanning device; and
2-5 (7) a person with a family or past medical history of
2-6 skin cancer should avoid a tanning device.
2-7 SECTION 3. Sections 145.006(a) and (b), Health and Safety
2-8 Code, are amended to read as follows:
2-9 (a) A tanning facility shall post a warning sign in a
2-10 conspicuous location where it is readily visible by persons
2-11 entering the establishment. The board by rule shall specify the
2-12 size, design, and graphic design of the sign. The sign must have
2-13 dimensions of at least 11 inches by 17 inches and must contain the
2-14 following wording:
2-15 DANGER: ULTRAVIOLET RADIATION
2-16 Repeated exposure to ultraviolet radiation may cause chronic
2-17 sun damage characterized by wrinkling, dryness, fragility, bruising
2-18 of the skin, and skin cancer.
2-19 Failure to use protective eyewear may result in severe burns
2-20 or permanent injury to the eyes.
2-21 Medications or cosmetics may increase your sensitivity to
2-22 ultraviolet radiation. Consult a physician before using a sunlamp
2-23 if you are using medications, have a history of skin problems, or
2-24 believe you are especially sensitive to sunlight. Pregnant women
2-25 or women taking oral contraceptives who use this product may
2-26 develop discolored skin.
2-27 A customer may call the Texas Department of Health at (insert
2-28 toll-free telephone number) to report an alleged injury regarding
2-29 this tanning facility.
2-30 IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN
2-31 FROM USE OF AN ULTRAVIOLET LAMP OR SUNLAMP.
2-32 (b) A tanning facility operator shall also post a warning
2-33 sign at each tanning device in a conspicuous location that is
2-34 readily visible to a person about to use the device. The board by
2-35 rule shall specify the size, design, and graphic design of the
2-36 sign. The sign must have dimensions of at least 11 inches by 17
2-37 inches and must contain the following wording:
2-38 DANGER: ULTRAVIOLET RADIATION
2-39 1. Follow the manufacturer's instructions for use of this
2-40 device.
2-41 2. Avoid too frequent or lengthy exposure. As with natural
2-42 sunlight, exposure can cause serious eye and skin injuries and
2-43 allergic reactions. Repeated exposure may cause skin cancer.
2-44 3. Wear protective eyewear. Failure to use protective
2-45 eyewear may result in severe burns or permanent damage to the eyes.
2-46 4. Do not sunbathe before or after exposure to ultraviolet
2-47 radiation from sunlamps.
2-48 5. Medications or cosmetics may increase your sensitivity to
2-49 ultraviolet radiation. Consult a physician before using a sunlamp
2-50 if you are using medication, have a history of skin problems, or
2-51 believe you are especially sensitive to sunlight. Pregnant women
2-52 or women using oral contraceptives who use this product may develop
2-53 discolored skin.
2-54 A customer may call the Texas Department of Health at (insert
2-55 toll-free telephone number) to report an alleged injury regarding
2-56 this tanning device.
2-57 IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN
2-58 FROM USE OF THIS DEVICE.
2-59 SECTION 4. Section 145.008, Health and Safety Code, is
2-60 amended by amending Subsections (e), (f), (g), and (h) and adding
2-61 Subsections (i), (j), and (k) to read as follows:
2-62 (e) Before a customer who is 18 years of age or older uses a
2-63 tanning facility's tanning [facility] device for the first time and
2-64 each time a person executes or renews a contract to use a tanning
2-65 facility [device], the person must provide photo identification and
2-66 sign a written statement acknowledging that the person has read and
2-67 understood the required warnings before using the device and agrees
2-68 to use protective eyewear.
2-69 (f) To ensure the proper operation of the tanning equipment,
3-1 a tanning facility may not allow a person younger than 13 years of
3-2 age to use a tanning device unless:
3-3 (1) the facility receives written permission from the
3-4 person's physician allowing the person to use the device; and
3-5 (2) the person's parent or legal guardian remains at
3-6 the tanning facility while the person uses the device.
3-7 (g) Before any person 16 or 17 [who is younger than 18]
3-8 years of age uses a tanning facility device for the first time, the
3-9 person must give the operator a written informed consent statement
3-10 signed and dated by the person's parent or legal guardian stating
3-11 that the parent or legal guardian has read and understood the
3-12 warnings given by the tanning facility, consents to the minor's use
3-13 of a tanning device, and agrees that the minor will use protective
3-14 eyewear. In addition, a person 13, 14, or 15 [younger than 14]
3-15 years of age must be accompanied by a parent or legal guardian who
3-16 must remain at the tanning facility while the person uses the
3-17 [younger than 14 years of age is using a] tanning device.
3-18 (h) [(g)] When a tanning device is in use by a person,
3-19 another person may not be allowed in the area of the tanning
3-20 device.
3-21 (i) [(h)] A record of each customer using a tanning device
3-22 shall be maintained at the tanning facility at least until the
3-23 third anniversary of the date of the customer's last use of a
3-24 tanning device. The board by rule shall prescribe the form and
3-25 content of the records. The record shall include:
3-26 (1) the date and time of the customer's use of a
3-27 tanning device;
3-28 (2) the length of time the tanning device was used;
3-29 (3) any injury or illness resulting from the use of a
3-30 tanning device; [and]
3-31 (4) any written informed consent statement required to
3-32 be signed under Subsection (e);
3-33 (5) the customer's skin type, as determined by the
3-34 customer by using the Fitzpatrick scale for classifying a skin
3-35 type;
3-36 (6) whether the customer has a family history of skin
3-37 cancer; and
3-38 (7) whether the customer has a past medical history of
3-39 skin cancer [or (f)].
3-40 (j) An operator shall keep an incident log at each tanning
3-41 facility. The log shall be maintained at the tanning facility at
3-42 least until the third anniversary of the date of an incident. The
3-43 board by rule shall prescribe the form and content of the log. The
3-44 log shall include each:
3-45 (1) alleged injury;
3-46 (2) use of a tanning device by a customer not wearing
3-47 protective eyewear;
3-48 (3) mechanical problem with a tanning device; and
3-49 (4) customer complaint.
3-50 (k) The Texas Department of Health shall provide to each
3-51 applicant for an original or renewal license a written copy of the
3-52 Fitzpatrick scale.
3-53 SECTION 5. Chapter 145, Health and Safety Code, is amended
3-54 by adding Section 145.015 to read as follows:
3-55 Sec. 145.015. TOLL-FREE NUMBER. The department shall
3-56 maintain a toll-free telephone number that a customer may call to
3-57 report an alleged injury regarding a tanning device or incurred at
3-58 a tanning facility.
3-59 SECTION 6. Chapter 145, Health and Safety Code, is amended by
3-60 adding Section 145.016 to read as follows:
3-61 Sec. 145.016. DISCLOSURE OF RECORD PROHIBITED; EXCEPTION.
3-62 (a) Except as provided by Subsection (b), an operator or other
3-63 person may not disclose a customer record required by Section
3-64 145.008(i).
3-65 (b) An operator or other person may disclose a customer
3-66 record:
3-67 (1) if the customer, or a person authorized to act on
3-68 behalf of the customer, requests the record;
3-69 (2) if the commissioner or an authorized agent or
4-1 health authority requests the record under Section 145.011;
4-2 (3) if the customer consents in writing to the
4-3 disclosure to another person;
4-4 (4) in a criminal proceeding in which the customer is
4-5 a victim, witness, or defendant;
4-6 (5) if the record is requested in a criminal or civil
4-7 proceeding by court order or subpoena; or
4-8 (6) as otherwise required by law.
4-9 SECTION 7. (a) This Act takes effect September 1, 2001.
4-10 (b) Not later than January 1, 2002, the Texas Department of
4-11 Health shall adopt the rules required by Section 145.008, Health
4-12 and Safety Code, as amended by this Act, and implement the
4-13 toll-free telephone number required by Section 145.015, Health and
4-14 Safety Code, as added by this Act.
4-15 * * * * *