81R404 MSE-D
By: Solomons H.B. No. 1310
A BILL TO BE ENTITLED
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 a person younger than 18 [13] 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 for:
(A) the number of visits specified by the
physician; or
(B) a period of 12 months; and
(2) the person's parent or legal guardian 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's parent or legal guardian stating that the
parent or legal guardian:
(1) has read and understood the warnings given by the
tanning facility;
(2) [,] consents to the minor's use of a tanning
device;[,] and
(3) agrees that the minor will use protective eyewear.
[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 written informed consent statement required to
be signed under Subsection (e);
(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; and
(8) a copy of any physician's written permission
required under Subsection (f)(1).
SECTION 2. This Act takes effect September 1, 2009.