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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: |
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(1) a person younger than 16.5 [13] years of age to use |
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a tanning device; and |
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(2) a person younger than 18 years of age to use a |
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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; and
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[(2)] the person's parent or legal guardian, in person |
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at the facility, consents in writing for the person to use the |
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device, which may be revoked at any time [remains at the tanning
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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 and the person's parent or legal guardian |
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stating that the person and the parent or legal guardian: |
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(1) have [has] read and understood the advisory |
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statement issued by the Texas Medical Board, warning of the dangers |
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of indoor and outdoor tanning and its association with skin cancer, |
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eye damage, and other health risks, provided [warnings given] by |
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the tanning facility;[, consents to the minor's use of a tanning
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device,] and |
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(2) agree [agrees] that the minor will use protective |
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eyewear at all times while using the tanning device. [In addition, a
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person 13, 14, or 15 years of age must be accompanied by a parent or
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legal guardian who must remain at the tanning facility while the
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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 parent or guardian consent required under |
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Subsection (f) or any written informed consent statement required |
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to be signed under Subsection (e) or (g); |
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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. |
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SECTION 2. Not later than January 1, 2010: |
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(1) the Texas Medical Board shall adopt the advisory |
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statement required under Section 145.008(g), Health and Safety |
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Code, as amended by this Act, and post the advisory statement on the |
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board's Internet website in a form that is easily downloaded and |
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printed by a tanning facility owner or operator; and |
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(2) the executive commissioner of the Health and Human |
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Services Commission shall modify as necessary the prescribed form |
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and content for the records required under Section 145.008(i), |
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Health and Safety Code, as amended by this Act. |
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SECTION 3. (a) Except as provided by Subsection (b), this |
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Act takes effect September 1, 2009. |
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(b) Section 1 of this Act takes effect January 1, 2010. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1310 was passed by the House on April |
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22, 2009, by the following vote: Yeas 127, Nays 19, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1310 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 29, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |