HBA-MPM H.B. 663 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 663
By: Lewis, Ron
Public Health
6/14/2001
Enrolled



BACKGROUND AND PURPOSE 

According to the American Academy of Dermatology, skin cancer is the most
common and rapidly increasing cancer in the United States.  In 1997, an
estimated one million new cases of skin cancer were diagnosed, including
more than 40,000 cases of malignant melanoma, the most deadly form of skin
cancer. Children and adolescents are particularly vulnerable to sun
exposure and severe sunburns at an early age may increase the risk for skin
cancer later in life. The U.S. Department of Health and Human Services now
includes solar ultraviolet (UV) radiation and exposure to sunlamps and
sunbeds as human carcinogens. Furthermore, many dermatologists conclude
that artificial tanning equipment inflicts more damage in less time than
unprotected exposure to sunlight.   

In Texas, there are approximately 1,700 licensed tanning facilities.  Prior
to the 77th Legislature, law regulating tanning facilities needed to be
amended to account for new information regarding the tremendous increase in
cases of skin cancer and the damage of UV rays on children and teenagers.
House Bill 663 requires tanning facilities and the Texas Department of
Health to provide information about the dangers of tanning, prohibits
persons younger than 13 years of age from using a tanning device at a
tanning facility without written permission from a physician and being
accompanied to the facility by a parent, and authorizes persons aged 13
through 17 to use a tanning device only under certain circumstances.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill
expressly delegates rulemaking authority to the Texas Board of Health in
SECTION 3 (Section 145.006), SECTION 4 (Section 145.008, Health and Safety
Code), and SECTION 7 of this bill. 

ANALYSIS

House Bill 663 amends the Health and Safety Code to require a tanning
facility (facility) to provide each customer a written statement warning
that a person with skin that always burns easily and never tans or who has
a family history of skin cancer should avoid a tanning device (Sec.
145.005).   

H.B. 663 requires the Texas Department of Health (TDH) to implement no
later than January 1, 2002 and maintain a toll-free telephone number that a
customer may call to report an alleged injury resulting from a tanning
device or incurred at a tanning facility (Sec. 145.015 and SECTION 6).  The
bill also requires a facility to state on posted warning signs that a
customer may call TDH at the toll-free number to report an alleged injury
(Sec. 145.006). 

H.B. 663 provides that a customer who is 18 years or older must provide
photo identification to a facility before using the device for the first
time.  To ensure the proper operation of the tanning equipment, the bill
prohibits a tanning facility from allowing anyone younger than 13 years of
age to use a tanning device unless the facility receives written permission
from the person's physician and the person's parent or guardian remains at
the facility while the person uses the device.  The bill provides that
before a person aged 16 or 17 uses a device for the first time, the person
must submit to the facility operator written informed consent from a parent
or guardian.  Additionally, a person who is 13, 14, or 15 must be
accompanied by a parent  or legal guardian who must remain at the facility
while the person uses the device (Sec. 145.008). 

H.B. 663 requires TDH to provide each applicant for an original or renewal
license a written copy of the Fitzpatrick scale for classifying skin types.
The bill requires a facility's records of each customer to include the
customer's skin type based on the Fitzpatrick scale, and whether the
customer has a past medical or family history of skin cancer.   An operator
of a tanning facility is required to keep and maintain an incident log at
each facility for three years after an incident.  The board is required to
prescribe by rule no later than November 1, 2001 the form and content of
the log that is required to list each injury, customer not wearing
protective eyewear, mechanical problem with a tanning device, and customer
complaint (Sec. 145.008 and SECTION 7).  H.B. 663 prohibits the operator of
a tanning facility or other person from disclosing a customer record except
in certain criminal or civil proceedings, if the customer consents to the
release in writing, or if the release is requested by the customer, another
authorized person, the commissioner of public health, or an authorized
agent or health authority (Sec. 145.016). 

EFFECTIVE DATE

September 1, 2001.