MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Public Health and Human Services; Judiciary A

By: Representatives Smith (39th), Nelson

House Bill 673

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 AGE 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 used for tanning of the skin, such as a sun lamp, 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.

     (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) years 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 shall 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 owned, leased or operated by the individual in the state a notice developed by the Mississippi State Department of Health addressing the following:

          (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) years 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.

     (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.

     ( * * *56)  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, 2015.

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