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.
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