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.