HBA-MPM, CCH C.S.H.B. 663 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 663
By: Lewis, Ron
Public Health
4/4/2001
Committee Report (Substituted)



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.
C.S.H.B. 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) and SECTION 4 (Section 145.008, Health and
Safety Code), of this bill. 

ANALYSIS

C.S.H.B. 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).   

C.S.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 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 a toll-free number to report an injury (Sec. 145.006). 

C.S.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.  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). 

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 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 6). 

EFFECTIVE DATE

September 1, 2001.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 663 modifies the original bill by requiring 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 rather than
a person with pale eyes or very fair skin that always burns and never tans
should avoid a tanning device (Sec. 145.005). The substitute removes
provisions in the original that require operators of facilities to post
color photos showing magnified lesions of a person with carcinoma or
melanoma (Sec. 145.006). 

The original prohibited any person younger than 18 from using a tanning
device, whereas the substitute prohibits persons younger than 13 years of
age from using a tanning device and makes specific provisions for those
persons aged 13  through 17 years to use a tanning device under certain
circumstances. The substitute removes the requirement in the original that
the records of each customer using a tanning device include information
stating the customer's eye color (Sec. 145.008). 

The substitute removes provisions in the original that required the Texas
Department of Health to conduct an education program to inform the public
about the dangers of tanning and that required the board to increase the
license fee collected  to allow TDH to recover its costs in implementing
the education program.