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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a tanning facility device by a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 145.008(f), (g), and (i), Health and |
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Safety Code, are amended to read as follows: |
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(f) To ensure the proper operation of the tanning equipment, |
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a tanning facility may not allow a person younger than 18 [13] years |
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of age to use a tanning device unless: |
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(1) the facility receives written permission from the |
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person's physician allowing the person to use the device for: |
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(A) the number of visits specified by the |
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physician; or |
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(B) a period of 12 months; and |
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(2) the person's parent or legal guardian remains at |
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the tanning facility while the person uses the device. |
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(g) Before any person younger than 18 [16 or 17] years of age |
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uses a tanning facility device for the first time, the person must |
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give the operator a written informed consent statement signed and |
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dated by the person's parent or legal guardian stating that the |
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parent or legal guardian: |
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(1) has read and understood the warnings given by the |
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tanning facility; |
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(2) [,] consents to the minor's use of a tanning |
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device;[,] and |
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(3) agrees that the minor will use protective eyewear. |
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[In addition, a person 13, 14, or 15 years of age must be
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accompanied by a parent or legal guardian who must remain at the
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tanning facility while the person uses the tanning device.] |
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(i) A record of each customer using a tanning device shall |
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be maintained at the tanning facility at least until the third |
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anniversary of the date of the customer's last use of a tanning |
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device. The executive commissioner of the Health and Human |
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Services Commission [board] by rule shall prescribe the form and |
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content of the records. The record shall include: |
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(1) the date and time of the customer's use of a |
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tanning device; |
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(2) the length of time the tanning device was used; |
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(3) any injury or illness resulting from the use of a |
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tanning device; |
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(4) any written informed consent statement required to |
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be signed under Subsection (e); |
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(5) the customer's skin type, as determined by the |
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customer by using the Fitzpatrick scale for classifying a skin |
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type; |
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(6) whether the customer has a family history of skin |
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cancer; [and] |
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(7) whether the customer has a past medical history of |
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skin cancer; and |
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(8) a copy of any physician's written permission |
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required under Subsection (f)(1). |
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SECTION 2. This Act takes effect September 1, 2009. |