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


Office of House Bill AnalysisH.B. 663
By: Lewis, Ron
Public Health
3/4/2001
Introduced



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 seventeen hundred  licensed tanning
facilities.  Current law regulating tanning facilities needs 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, and prohibits persons
younger than 18 years of age from using a tanning device.   

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, Health and Safety Code), SECTION 4 (Section
145.008, Health and Safety Code), and SECTION 5 (Section 145.010, Health
and Safety Code) of this bill. 

ANALYSIS

House Bill 663 amends the Health and Safety Code provisions regulating
tanning facilities.  The bill requires a tanning facility to provide each
customer a written statement warning that a person with pale eyes, very
fair skin, or  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 maintain a
toll-free telephone number that a customer may call to report an injury
resulting from a tanning device or incurred at a tanning facility (Sec.
145.015).  The bill also requires a tanning facility  to state on posted
warning signs that a customer may call TDH at a toll-free number to report
an injury.  The bill also requires a tanning facility to post a magnified
color photograph on or near each warning sign that shows the lesions of a
person with basal cell carcinoma, a person with squamous cell carcinoma,
and a person with malignant melanoma.  The Texas Board of Health (board) is
required to describe, by rule, each photograph, posting requirements, and
how an operator of a tanning facility may obtain copies of photographs
(Sec. 145.006). 

The bill prohibits anyone younger than 18 years of age from using a tanning
device, and removes provisions regarding the need for minors to obtain
consent from a parent or legal guardian.  The bill provides that a person
present photo identification when using a facility's tanning device for the
first time or when executing or renewing a contract (Sec. 145.008). 

 The bill 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 tanning facility's records of each customer to include
the customer's eye color and 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,  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). 

The bill requires TDH to conduct an education program to inform the public
about the dangers of tanning (Sec. 145.014).  The bill requires the board,
by rule, to increase the license fee collected  to allow TDH to recover its
costs in implementing the education program (Sec. 145.010). TDH is
authorized to accept a gift, grant, or donation to be used in administering
the program (Sec. 145.014). 
 
TDH is required to adopt rules regarding the posting of a warning sign,
tanning facility records and logs, and for the license fee increase no
later than November 1, 2001.  

EFFECTIVE DATE

September 1, 2001.