MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Public Health and Human Services

By: Representatives Byrd, Patterson

House Bill 1400

AN ACT TO AMEND SECTION 41-115-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF TANNING DEVICES AT TANNING FACILITIES BY CHILDREN UNDER THE AGE OF 18; TO ASSESS A CIVIL PENALTY FOR VIOLATIONS OF THIS SECTION; TO REQUIRE TANNING FACILITIES TO POST A NOTICE DEVELOPED BY THE MISSISSIPPI STATE DEPARTMENT OF HEALTH STATING IT IS UNLAWFUL FOR A TANNING FACILITY OWNER OR OPERATOR TO ALLOW A PERSON UNDER THE AGE OF 18 TO USE ANY TANNING DEVICE; TO REQUIRE TANNING FACILITIES TO POST A NOTICE DEVELOPED BY THE MISSISSIPPI STATE DEPARTMENT OF HEALTH STATING THAT A TANNING FACILITY OR OPERATOR THAT VIOLATES THIS SECTION IS SUBJECT TO A CIVIL PENALTY; TO REQUIRE TANNING FACILITIES TO POST A NOTICE DEVELOPED BY THE MISSISSIPPI STATE DEPARTMENT OF HEALTH STATING THAT AN INDIVIDUAL MAY REPORT VIOLATIONS OF THIS SECTION TO THE MISSISSIPPI STATE DEPARTMENT OF HEALTH STATING THE HEALTH RISKS ASSOCIATED WITH TANNING; TO REQUIRE THE OPERATOR TO REQUIRE PHOTO IDENTIFICATION INDICATING THAT THE PERSON USING A TANNING DEVICE IS AT LEAST 18 YEARS OF AGE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 41-115-1, Mississippi Code of 1972, is amended as follows:

     41-115-1.  (1)  As used in this section:

          (a)  "Tanning device" means any equipment that emits radiation having wavelengths in the air between two hundred (200) and four hundred (400) nanometers and that is used for tanning of the skin, such as a sunlamp, tanning booth or tanning bed, and includes any accompanying equipment, such as protective eyewear, timers and handrails; * * * and

          (b)  "Tanning facility" means any * * * place where a tanning device is used for a fee, membership dues, or any other compensation. location, place, area, structure or business that provides persons access to any tanning device, including tanning salons, health clubs, apartments and condominiums, regardless of whether a fee is charged for access to the tanning equipment;

(c)  "Operator" means a person designated by the tanning facility owner or tanning device lessee to operate or to assist and instruct in the operation and use of the tanning facility or tanning device; and

(d)  "Phototherapy device" means equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury.

     (2) * * *  A child under fourteen (14) years of age shall not use a tanning device at a tanning facility unless the child's parent or legal guardian has provided written consent to the tanning facility and the parent or guardian is physically present at the tanning facility during the entire time that the child uses a tanning device at the tanning facility.  The parent or guardian shall sign the consent form in the presence of the operator of the tanning facility, and that consent may be revoked at any time by the parent or guardian.  The parent or guardian shall state on the consent form his or her relationship with the child and the age of the child.  If the parent or guardian revokes the consent, the child shall not use a tanning device at a tanning facility until the child's parent or legal guardian has provided additional written consent in accordance with the requirements of this subsection. It shall be unlawful for a tanning facility or operator to allow any person who has not yet reached the age of eighteen (18) to use any tanning device.

     (3) * * *  A child fourteen (14) years of age or older but under eighteen (18) years of age shall not use a tanning device at a tanning facility unless the child's parent or legal guardian has provided written consent to the tanning facility.  The tanning facility may accept proof of the child's age from any valid source.  The parent or guardian shall sign the consent form in the presence of the operator of the tanning facility, and that consent is valid for one (1) year from the date of signature, unless the consent is revoked by the parent or guardian.  The consent may be revoked at any time by the parent or guardian.  The parent or guardian shall state on the consent form his or her relationship with the child and the age of the child, and shall specify the maximum number of times that the child may use a tanning device at the tanning facility during the one‑year period.  After the expiration of the one‑year period, or if the parent or guardian  revokes the consent, the child shall not use a tanning device at a tanning facility until the child's parent or legal guardian has provided additional written consent in accordance with the requirements of this subsection. Any tanning facility or operator that allows a person under eighteen (18) years of age to use any tanning device shall be in violation of the rules and regulations of the Mississippi State Department of Health and will subject the facility to denial, suspension or revocation of its registration and the imposition of a civil penalty of not more than One Hundred Dollars ($100.00) for the first offense and not more than Five Hundred Dollars ($500.00) for any subsequent offense.

     (4)  Each tanning facility owner, lessee or operator shall post in a conspicuous place in each tanning facility that the individual owns, leases or operates in the state a notice developed by the Mississippi State Department of Health addressing the following, and shall give to each of its customers a written statement which must be signed by the customer before initial use and each year thereafter:

          (a) * * *  Maintain the written consent forms of the parents or guardians for a period of not less than two (2) years, and make the forms available to law enforcement personnel for inspection upon request; and That it is unlawful for a tanning facility or operator to allow a person under the age of eighteen (18) to use any tanning device;

          (b) * * *  Make written, electronic or digital records showing the dates and duration of use of a tanning device at the tanning facility by children under eighteen (18) years of age, maintain those records for a period of not less than two (2) years, and make the records available to law enforcement personnel for inspection upon request. That a tanning facility or operator that violates the provisions of this section shall be subject to a civil penalty;

(c)  That an individual may report a violation of the provisions of this section to the Mississippi State Department of Health; and

(d)  The health risks associated with tanning, including, but not limited to, skin cancer, premature aging of skin, burns to the skin, and adverse reactions to certain medications, foods and cosmetics.

     (5)  The operator shall require each person using a tanning device to provide a driver's license or other photo identification issued by a government entity or educational institution indicating that the person is at least eighteen (18) years of age.

(6)  The owner, lessee or operator of a tanning facility shall ensure that all of the following requirements are fulfilled:

(a)  No customer under eighteen (18) years of age is permitted to use the tanning facility.  (Proof of age may be satisfied with a driver's license or other government-issued identification containing the date of birth and photograph of the individual.)

(b)  During operating hours there is present at the tanning facility a trained operator who is able to inform customers about, and assist customers in, the proper use of tanning devices.

(c)  Each tanning device is properly sanitized after each use.

(d)  Each customer, before he or she begins to use a tanning device, is provided with properly sanitized and securely fitting protective eyewear that protects the wearer's eyes from ultraviolet radiation and allows enough vision to maintain balance at no cost.

(e)  Customers are not allowed to use a tanning device unless the customer uses protective eyewear.

(f)  Each customer is shown how to use such physical aids as handrails and markings on the floor to maintain a proper exposure distance from the tanning device as recommended by the manufacturer.

(g)  A timing device that is accurate within ten percent (10%) of any selected timer interval is used and is remotely located so customers cannot set their own exposure time.

(h)  Each tanning device is equipped with a mechanism that allows the customer to turn the tanning device off.

(i)  Each customer is limited to the maximum exposure time recommended by the manufacturer for their skin type.

(j)  Customers are not allowed to use a tanning device more than once every twenty-four (24) hours.

(k)  The interior temperature of the tanning facility does not exceed one hundred (100) degrees Fahrenheit.

(l)  Maintain the following records:  copies of all consent forms issued by customers; a record of each consumer's total number of tanning visits at the facility; the dates and durations of tanning exposures; and any injury reports for a period of three (3) years after exposure for each customer.

(7) No person may use a tanning device of a tanning facility unless he or she complies with all of the following:

(a)  Immediately before the customer's first use of a unique tanning facility in a year, sign a statement acknowledging that he or she has read and understands the notice and the warning sign required under this section, and specifying that the customer agrees to use protective eyewear.

(b)  Use protective eyewear at all times while using a tanning device.

     ( * * *58)  This section * * * does shall not apply to * * * a licensed health care professional who uses a tanning device for the treatment of patients, if that use is within the lawful scope of practice of the health care professional any physician who is duly licensed to practice medicine in this state and who, in the practice of medicine, uses a phototherapy device with respect to a patient of any age.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.

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