This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 1310
 
 
 
 
AN ACT
  relating to the use of a tanning facility device by a minor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 145.008(f), (g), and (i), Health and
  Safety Code, are amended to read as follows:
         (f)  To ensure the proper operation of the tanning equipment,
  a tanning facility may not allow:
               (1)  a person younger than 16.5 [13] years of age to use
  a tanning device; and
               (2)  a person younger than 18 years of age to use a
  tanning device unless[:
               [(1)     the facility receives written permission from the
  person's physician allowing the person to use the device; and
               [(2)]  the person's parent or legal guardian, in person
  at the facility, consents in writing for the person to use the
  device, which may be revoked at any time [remains at the tanning
  facility while the person uses the device].
         (g)  Before any person younger than 18 [16 or 17] years of age
  uses a tanning facility device for the first time, the person must
  give the operator a written informed consent statement signed and
  dated by the person and the person's parent or legal guardian
  stating that the person and the parent or legal guardian:
               (1)  have [has] read and understood the advisory
  statement issued by the Texas Medical Board, warning of the dangers
  of indoor and outdoor tanning and its association with skin cancer,
  eye damage, and other health risks, provided [warnings given] by
  the tanning facility;[, consents to the minor's use of a tanning
  device,] and
               (2)  agree [agrees] that the minor will use protective
  eyewear at all times while using the tanning device. [In addition, a
  person 13, 14, or 15 years of age must be accompanied by a parent or
  legal guardian who must remain at the tanning facility while the
  person uses the tanning device.]
         (i)  A record of each customer using a tanning device shall
  be maintained at the tanning facility at least until the third
  anniversary of the date of the customer's last use of a tanning
  device. The executive commissioner of the Health and Human
  Services Commission [board] by rule shall prescribe the form and
  content of the records. The record shall include:
               (1)  the date and time of the customer's use of a
  tanning device;
               (2)  the length of time the tanning device was used;
               (3)  any injury or illness resulting from the use of a
  tanning device;
               (4)  any parent or guardian consent required under
  Subsection (f) or any written informed consent statement required
  to be signed under Subsection (e) or (g);
               (5)  the customer's skin type, as determined by the
  customer by using the Fitzpatrick scale for classifying a skin
  type;
               (6)  whether the customer has a family history of skin
  cancer; and
               (7)  whether the customer has a past medical history of
  skin cancer.
         SECTION 2.  Not later than January 1, 2010:
               (1)  the Texas Medical Board shall adopt the advisory
  statement required under Section 145.008(g), Health and Safety
  Code, as amended by this Act, and post the advisory statement on the
  board's Internet website in a form that is easily downloaded and
  printed by a tanning facility owner or operator; and
               (2)  the executive commissioner of the Health and Human
  Services Commission shall modify as necessary the prescribed form
  and content for the records required under Section 145.008(i),
  Health and Safety Code, as amended by this Act.
         SECTION 3.  (a)  Except as provided by Subsection (b), this
  Act takes effect September 1, 2009.
         (b)  Section 1 of this Act takes effect January 1, 2010.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1310 was passed by the House on April
  22, 2009, by the following vote:  Yeas 127, Nays 19, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1310 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 29, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor