1.1 	A bill for an act
1.2 	relating to health; regulating tanning facilities;amending Minnesota Statutes 
1.3 	2004, sections 325H.03, subdivision 1; 325H.08; proposing coding for new law 
1.4 	in Minnesota Statutes, chapter 325H.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 325H.03, subdivision 1, is amended to 
1.7 	read:
1.8 		Subdivision 1.Standards for all equipment. (a) The tanning facility owner or 
1.9 	operator must use only tanning equipment manufactured according to Code of Federal 
1.10 	Regulations, title 21, part 1040.20. The exact nature of compliance must be based on the 
1.11 	standards in effect at the time of manufacture as shown on the device identification label 
1.12 	required by Code of Federal Regulations, title 21, part 1010.3.
1.13 	(b) Each assembly of tanning equipment must be designated for use by only one 
1.14 	consumer at a time and must be equipped with a timer that complies with Code of Federal 
1.15 	Regulations, title 21, part 1040.20(c)(2). The maximum timer interval may not exceed the 
1.16 	manufacturer's maximum recommended exposure time. No timer interval may have an 
1.17 	error exceeding plus or minus ten percent of the maximum timer interval for the product.
1.18 	(c) Tanning equipment must meet the National Fire Protection Association National 
1.19 	Electrical Code.
1.20 	(d) Tanning equipment must include physical barriers to protect consumers from 
1.21 	injury induced by touching or breaking the lamps.
1.22 	(e) The tanning facility owner or operator shall replace defective or damaged lamps, 
1.23 	bulbs, or filters with a type intended for use in the affected tanning equipment as specified 
1.24 	on the product label and having the same spectral distribution.
2.1 	(f) The tanning facility owner or operator shall replace ultraviolet lamps and bulbs, 
2.2 	which are not otherwise defective or damaged, at a frequency or after a duration of use as 
2.3 	may be recommended by the manufacturer of the lamps and bulbs.
2.4 	(g) The tanning facility owner or operator shall maintain a record of when the bulbs 
2.5 	or lamps in each tanning booth or bed were replaced according to paragraphs (e) and (f).
2.6 	(h) Tanning equipment must have a control that enables the user to manually 
2.7 	terminate radiation without pulling the electrical plug or coming in contact with the 
2.8 	ultraviolet lamp.
2.9 	(i) The tanning facility operator shall instruct each user on: (1) the proper position 
2.10 	to maintain relative to the tanning lamps; (2) the position of the safety railing, where 
2.11 	applicable; (3) the manual switching device to terminate radiation; and (4) maximum 
2.12 	time of exposure.
2.13 	(j) The tanning facility operator shall inspect the facility to ensure that the floors 
2.14 	are dry before each individual's use, except that, in an apartment or a condominium, the 
2.15 	operator may check the facility periodically.
2.16 	(k) The tanning facility operator shall monitor the use of the facility to ensure that 
2.17 	the interior temperature does not exceed 100 degrees Fahrenheit.
2.18 	(l) The tanning facility operator shall comply with sanitizing procedures specified by 
2.19 	the manufacturer of the tanning equipment between users.
2.20 	(m) The timer for the tanning equipment must be remotely located outside the room 
2.21 	where the tanning equipment is located. The remote timer must be set by an operator 
2.22 	trained according to section 325H.085. All tanning facilities must be equipped with 
2.23 	remote timers by .......

2.24 	Sec. 2. [325H.075] RESTRICTIONS ON USE OF TANNING EQUIPMENT.
2.25 	(a) No owner, operator, or employee of a tanning facility shall permit the use 
2.26 	of tanning equipment by a person 18 years of age or older until the person provides a 
2.27 	driver's license or other photographic identification card issued by a governmental entity 
2.28 	or educational institution indicating that the individual is at least 18 years of age and 
2.29 	unless the tanning facility has on file a signed written statement, in a form prescribed by 
2.30 	the commissioner of health, acknowledging that the person has read and understood the 
2.31 	warnings required under section 325H.05 and agrees to wear safety goggles before using 
2.32 	any tanning equipment. The statement of acknowledgment may be retained by the tanning 
2.33 	facility in the form of an electronic image of the signed statement if the electronic image is 
2.34 	readily accessible by the owner or an employee of the tanning facility.
3.1 	(b) This section preempts any contrary local law or ordinance, except that this 
3.2 	section does not preempt or supersede local laws or ordinances that impose additional 
3.3 	stricter restrictions on the use and operation of tanning equipment and that were in effect 
3.4 	before the effective date of this section.

3.5 	Sec. 3. Minnesota Statutes 2004, section 325H.08, is amended to read:
3.6 	325H.08 CONSENT REQUIRED; UNDER AGE 18.
3.7 	Before allowing the initial exposure at a tanning facility of a person under the age of 
3.8 	16, the owner or operator shall witness the person's parent's or legal guardian's signing 
3.9 	and dating of the warning statement required under section  325H.06. (a) No owner, 
3.10 	operator, or employee of a tanning facility shall permit the use of tanning equipment by 
3.11 	a person under 18 years of age until the person provides the tanning facility with the 
3.12 	written consent, in a form prescribed by the commissioner of health, of a parent or legal 
3.13 	guardian. The parent or legal guardian must sign the consent form in the presence of the 
3.14 	owner or an employee of the tanning facility, indicating that the parent or guardian has 
3.15 	read and understood the warnings required under sections 325H.05 and 325H.06. The 
3.16 	written consent must be retained by the tanning facility for 12 months from the date the 
3.17 	consent form is signed, at which time each person who is under 18 years of age and is 
3.18 	a current customer of the tanning facility is required to renew the written consent. The 
3.19 	consent form may be retained in the form of an electronic image if the electronic image is 
3.20 	readily accessible by the owner or an employee of the tanning facility.
3.21 	(b) This section preempts any contrary local law or ordinance, except that this 
3.22 	section does not preempt or supersede local laws or ordinances that impose additional 
3.23 	stricter restrictions on the use and operation of tanning equipment and that were in effect 
3.24 	before the effective date of this section.

3.25 	Sec. 4. [325H.085] OPERATOR TRAINING.
3.26 		Subdivision 1.Advanced safety training. The owner of a tanning facility or 
3.27 	the person who operates the tanning facility must possess a certificate of successful 
3.28 	completion for the advanced safety training required under subdivision 2. When an 
3.29 	advanced safety training course is not available within a 60-mile radius of a tanning 
3.30 	facility within the time frame specified under subdivision 4, successful completion of a 
3.31 	correspondence training course may be substituted. A correspondence course must meet 
3.32 	the subject matter requirements of subdivision 2 and be approved by the commissioner of 
3.33 	health to qualify as advanced safety training under this subdivision.
4.1 		Subd. 2.Advanced safety training requirements. An advanced safety training 
4.2 	course must:
4.3 	(1) be at least four hours in length and must conclude with an examination covering 
4.4 	the information presented in the course. The four hour requirement includes only time 
4.5 	devoted solely to the safety topics under clause (2) and does not include periods of 
4.6 	noninstruction, such as registration, breaks, lunch, or test taking;
4.7 	(2) include the following study topics:
4.8 	(i) ultraviolet radiation and effects on the skin;
4.9 	(ii) skin typing;
4.10 	(iii) exposure time;
4.11 	(iv) photosensitivity;
4.12 	(v) Code of Federal Regulations, title 21, part 1040;
4.13 	(vi) eye protection; and
4.14 	(vii) equipment and maintenance;
4.15 	(3) include written material, such as a training manual; audiovisual presentations, 
4.16 	slides, or videos; copies of this chapter and Code of Federal Regulations, title 21, section 
4.17 	1040.20; and a question and answer period for trainees; and
4.18 	(4) issue certificates of completion to individuals who successfully complete the 
4.19 	course.
4.20 		Subd. 3.Employee training. A tanning facility employee who operates tanning 
4.21 	equipment or assists customers in operating tanning equipment must be trained on the 
4.22 	proper operation and maintenance of the tanning equipment. The person with advanced 
4.23 	safety training under subdivision 1 is responsible for training the employees and ensuring 
4.24 	that the employees take a training course approved by the commissioner of health. Proof 
4.25 	of training must be maintained with the tanning facility and be available for inspection by 
4.26 	the commissioner of health. Training under this subdivision must include:
4.27 	(1) review of the requirements of this chapter;
4.28 	(2) procedures for correct cleaning, sanitizing, and operation of the tanning 
4.29 	equipment;
4.30 	(3) recognition of overexposure or similar injury;
4.31 	(4) review of manufacturer's procedures for operation and maintenance of tanning 
4.32 	equipment;
4.33 	(5) medical aspects of ultraviolet radiation, photosensitivity, maximum allowable 
4.34 	time of exposure, and determination of human skin types as it relates to compliant use of 
4.35 	the Food and Drug Administration exposure schedule; and 
4.36 	(6) emergency procedures in case of overexposure or injury.
5.1 		Subd. 4.Compliance schedule. The training required under this section must 
5.2 	be completed as follows:
5.3 	(1) a person who operates a tanning facility and who is hired on or after the effective 
5.4 	date of this section must successfully complete the training required under subdivision 
5.5 	2 before taking charge of a tanning facility. Other tanning facility employees who 
5.6 	are hired on or after the effective date of this section have 30 days after the date of 
5.7 	employment to successfully complete the training required under subdivision 3. A tanning 
5.8 	facility employee must work under the direct supervision of a person trained according 
5.9 	to subdivision 2 until the employee successfully completes the training required under 
5.10 	subdivision 3; and
5.11 	(2) tanning facility employees who are hired before the effective date of this section 
5.12 	have 30 days after the effective date of this section to successfully complete the required 
5.13 	training.

5.14 	Sec. 5. [325H.11] RULEMAKING.
5.15 	The commissioner of health shall adopt rules to implement this chapter.

5.16 	Sec. 6. EFFECTIVE DATE.
 5.17 	Sections 1 to 4 are effective January 1, 2007. Section 5 is effective the day following 
5.18 	final enactment.