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HF 1329

as introduced - 87th Legislature (2011 - 2012) Posted on 03/29/2011 09:06am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; regulating tanning facilities and their use; proposing coding
for new law in Minnesota Statutes, chapter 325H; repealing Minnesota Statutes
2010, sections 325H.01; 325H.02; 325H.03; 325H.04; 325H.05; 325H.06;
325H.07; 325H.08; 325H.09; 325H.10.

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

Section 1.

new text begin [325H.11] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this chapter, the terms defined in this
section have the meanings given unless the context clearly indicates otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Department. new text end

new text begin "Department" means the Minnesota Department of Health.
new text end

new text begin Subd. 3. new text end

new text begin Fitzpatrick scale. new text end

new text begin "Fitzpatrick scale" means a scale for classifying a skin
type, based on the skin's reaction to the first ten to 45 minutes of sun exposure after the
winter season, as follows:
new text end

new text begin Skin Type
new text end

new text begin Sunburning and Tanning History
new text end
new text begin 1
new text end
new text begin Always burns easily, never tans
new text end
new text begin 2
new text end
new text begin Always burns easily, tans minimally
new text end
new text begin 3
new text end
new text begin Burns moderately, tans gradually
new text end
new text begin 4
new text end
new text begin Burns minimally, always tans well
new text end
new text begin 5
new text end
new text begin Rarely burns, tans profusely
new text end
new text begin 6
new text end
new text begin Never burns, deeply pigmented
new text end

new text begin Subd. 4. new text end

new text begin Operator. new text end

new text begin "Operator" means an individual designated by the licensee to
control operation of the tanning facility and to instruct and assist the customer in the
proper operation of the tanning equipment.
new text end

new text begin Subd. 5. new text end

new text begin Tanning equipment or device. new text end

new text begin "Tanning equipment or device" means
equipment that emits radiation used for tanning of the skin, such as a sunlamp, tanning
booth, or tanning bed that emits electromagnetic radiation with wavelengths in the air
between 200 and 400 nanometers. The term includes any accompanying equipment,
such as protective eyewear, timers, and handrails. The term does not include any of the
following:
new text end

new text begin (1) phototherapy devices utilized by appropriate health care professionals under the
direct supervision of a physician who is trained in the use of phototherapy devices;
new text end

new text begin (2) devices used for personal use in a private residence; or
new text end

new text begin (3) devices intended for purposes other than the irradiation of human skin.
new text end

new text begin Subd. 6. new text end

new text begin Tanning facility. new text end

new text begin "Tanning facility" means any place where a tanning
device is used for a fee, membership dues, or any other compensation.
new text end

new text begin Subd. 7. new text end

new text begin Ultraviolet radiation. new text end

new text begin "Ultraviolet radiation" means electromagnetic
radiation with wavelengths between 200 and 400 nanometers.
new text end

Sec. 2.

new text begin [325H.12] LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin No person shall establish, maintain, operate, or
hold itself out as authorized to establish, maintain, or operate a tanning facility without
first having obtained a license issued by the department.
new text end

new text begin Subd. 2. new text end

new text begin Application for license. new text end

new text begin A person may apply for a license required under
subdivision 1 by submitting an application to the department on a form prescribed by the
department. The form must require all of the following information:
new text end

new text begin (1) the name, address, and telephone number of the tanning facility and owner;
new text end

new text begin (2) the manufacturer, model number, and type of each ultraviolet lamp or tanning
device used in the tanning facility;
new text end

new text begin (3) the name of the equipment supplier, installer, and service agent of each ultraviolet
lamp or tanning device used in the tanning facility;
new text end

new text begin (4) a signed and dated certification that the applicant has read and understands
the requirements of this chapter;
new text end

new text begin (5) a copy of the operating and safety procedures of the tanning facility; and
new text end

new text begin (6) any additional information required by the department.
new text end

new text begin Subd. 3. new text end

new text begin Criteria for licensure. new text end

new text begin The department shall issue a license to an applicant
upon the department's determination that the applicant meets all of the requirements
of this chapter.
new text end

new text begin Subd. 4. new text end

new text begin License fee. new text end

new text begin An applicant must be required to pay an annual license fee
of $500 per salon and $100 per additional bed over ten.
new text end

new text begin Subd. 5. new text end

new text begin Posting of license required. new text end

new text begin A licensee shall post its license in a location
clearly visible to its customers.
new text end

new text begin Subd. 6. new text end

new text begin Expiration of license. new text end

new text begin A license expires annually on the date specified
in the license.
new text end

new text begin Subd. 7. new text end

new text begin License renewal. new text end

new text begin A licensee must file an application for license renewal
on a form prescribed by the department at least 30 days prior to expiration of its current
license.
new text end

new text begin Subd. 8. new text end

new text begin License nontransferable. new text end

new text begin A license shall not be transferable from one
person or one tanning facility to another.
new text end

new text begin Subd. 9. new text end

new text begin Denial, suspension, or revocation of license. new text end

new text begin (a) The principles provided
in this subdivision apply to the denial, suspension, or revocation of a license.
new text end

new text begin (b) The department has the authority to deny, suspend, or revoke licensure for any
of the following reasons:
new text end

new text begin (1) submission of false statements in applications, reports, plans, or specifications;
new text end

new text begin (2) conditions that violate this chapter;
new text end

new text begin (3) operation of the tanning facility in a manner that threatens public health or safety;
new text end

new text begin (4) failure to allow the department to enter the tanning facility at reasonable hours
for inspection or investigation; and
new text end

new text begin (5) failure to pay license fees.
new text end

new text begin (c) Except in cases involving public health and safety, the department shall, prior to
suspension or revocation of a license, provide written notice to the licensee of the facts
or conduct which may warrant suspension or revocation and shall provide the licensee
with an opportunity to demonstrate or achieve compliance.
new text end

Sec. 3.

new text begin [325H.13] INSPECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Initial and annual inspections. new text end

new text begin The department shall conduct an
initial inspection, after receipt of an application for a license under section 325H.12,
before the license is granted, of a tanning facility and may inspect annually thereafter.
new text end

new text begin Subd. 2. new text end

new text begin Scope of inspection. new text end

new text begin Inspections conducted by the department under this
section must encompass all of the following matters:
new text end

new text begin (1) the construction and operation of the tanning facility;
new text end

new text begin (2) review of required records and training documentation;
new text end

new text begin (3) operator understanding and competency; and
new text end

new text begin (4) any other matter concerning a requirement of this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Other inspections. new text end

new text begin This section does not limit the department's right to
inspect at other times under section 325H.19, or otherwise.
new text end

Sec. 4.

new text begin [325H.14] RESTRICTION ON USE OF TANNING FACILITIES BY
MINORS.
new text end

new text begin An operator or employee of a tanning facility shall not allow an individual who
is under 18 years of age to use a tanning device of the facility unless the individual
presents a prescription for receiving ultraviolet radiation treatments written by a physician
authorized under chapter 147A.
new text end

Sec. 5.

new text begin [325H.15] WARNING SIGNS AND STATEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Warning sign contents. new text end

new text begin A tanning facility shall post a warning
sign in a place readily visible to persons entering the establishment. The sign shall have
dimensions not less than 11 inches by 17 inches. Lettering must be clear, legible, and at
least 0.25 inches high, with all of the following provisions on the sign:
new text end

new text begin (1) the wording, "DANGER--ULTRAVIOLET RADIATION", in letters at least
0.5 inches high;
new text end

new text begin (2) follow the manufacturer's instructions for use of this device;
new text end

new text begin (3) avoid overexposure. As with natural sunlight, overexposure can cause eye and
skin injury and allergic reactions. Repeated exposure to ultraviolet radiation may cause
chronic sun damage characterized by wrinkling, dryness, fragility, bruising of the skin,
and skin cancer:
new text end

new text begin (4) do not sunbathe before or after exposure to ultraviolet radiation from sunlamps;
new text end

new text begin (5) wear protective eyewear. Failure to use protective eyewear may result in severe
burns or permanent injury to the eyes;
new text end

new text begin (6) medications or cosmetics may increase your sensitivity to the ultraviolet
radiation. Consult a physician before using a sunlamp if you are using medications, have
a history of skin problems, or believe you are especially sensitive to sunlight. Women
who are pregnant or are taking oral contraceptives who use this product may develop
discolored skin; and
new text end

new text begin (7) a customer may call the Minnesota Department of Health at (insert telephone
number) to report an alleged injury regarding this tanning facility.
new text end

new text begin Subd. 2. new text end

new text begin Posting location. new text end

new text begin The sign required under subdivision 1 must also be
posted within three feet of each tanning device, in a conspicuous location that is readily
visible to a person about to use the device, with no obstruction.
new text end

new text begin Subd. 3. new text end

new text begin Written warning statement required. new text end

new text begin Each customer must be provided
with a written warning statement requiring the customer's signature prior to initial exposure
and before renewals of contracts. The warning statement must include all of the following:
new text end

new text begin (1) failure to use the eye protection provided to the customer by the tanning facility
may result in damage to the eyes;
new text end

new text begin (2) overexposure to ultraviolet light causes burns;
new text end

new text begin (3) repeated exposure may result in premature aging of the skin and skin cancer;
new text end

new text begin (4) abnormal skin sensitivity or burning may be caused by reactions of ultraviolet
light to certain:
new text end

new text begin (i) foods;
new text end

new text begin (ii) cosmetics; or
new text end

new text begin (iii) medications, including:
new text end

new text begin (A) tranquilizers;
new text end

new text begin (B) diuretics;
new text end

new text begin (C) antibiotics;
new text end

new text begin (D) high blood pressure medicines; or
new text end

new text begin (E) birth control pills;
new text end

new text begin (5) any person taking a prescription or over-the-counter drug should consult a
physician before using a tanning device;
new text end

new text begin (6) a person with skin that always burns easily and never tans should avoid a tanning
device; and
new text end

new text begin (7) a person with a family or past medical history of skin cancer should avoid a
tanning device.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping and retention required. new text end

new text begin A record of each customer
using a tanning device must be maintained at the tanning facility at least until the third
anniversary of the date of the customer's last use of a tanning device. The record must
include:
new text end

new text begin (1) the date and time of the customer's use of a tanning device;
new text end

new text begin (2) the length of time the tanning device was used;
new text end

new text begin (3) any injury or illness resulting from the use of a tanning device;
new text end

new text begin (4) the customer's skin type, as determined by the customer by using the Fitzpatrick
scale for classifying a skin type;
new text end

new text begin (5) whether the customer has a family history of skin cancer; and
new text end

new text begin (6) whether the customer has a past medical history of skin cancer.
new text end

new text begin Subd. 5. new text end

new text begin Injury reports. new text end

new text begin (a) A written or oral report of any tanning injury must
be provided to the department by the end of the next working day after its occurrence or
upon the tanning facility gaining knowledge of the accident. The report must include the
name of the affected individual, the name and location of the tanning facility, the nature of
the injury, the name and address of a health care provider, if applicable, and any other
relevant information.
new text end

new text begin (b) The department shall promptly send copies of reports of all injuries to the United
States Food and Drug Administration.
new text end

Sec. 6.

new text begin [325H.16] OPERATION.
new text end

new text begin Subdivision 1. new text end

new text begin Trained operator must be present. new text end

new text begin A trained operator must be
present when tanning equipment is operated. The operator must be within hearing distance
to allow the customer to easily summon help if necessary, or the customer must have
access to an intercom or buzzer for the operator, and the operator must be able to reach the
customer in 30 seconds.
new text end

new text begin Subd. 2. new text end

new text begin Manual termination control required. new text end

new text begin Tanning equipment must have a
control that enables the user to manually terminate radiation without pulling the electrical
plug or coming in contact with the ultraviolet lamp.
new text end

new text begin Subd. 3. new text end

new text begin Customer instruction required. new text end

new text begin Operators shall instruct customers with
regard to all of the following:
new text end

new text begin (1) the proper position to maintain relative to the equipment;
new text end

new text begin (2) the position of the safety railing, if applicable;
new text end

new text begin (3) the operation of the manual switching device to terminate radiation; and
new text end

new text begin (4) the maximum time of exposure.
new text end

new text begin Subd. 4. new text end

new text begin Operators; customer skin type; advice. new text end

new text begin Operators must be able to
recognize the skin type of the customer based on the Fitzpatrick scale and advise the
customer accordingly with regard to maximum time of exposure.
new text end

new text begin Subd. 5. new text end

new text begin Replacement of bulbs. new text end

new text begin At intervals required by the manufacturer, bulbs
must be replaced with a kind intended for use in that device or with lamps or filters
considered equivalent under United States Food and Drug Administration regulations at
the time of manufacture. Licensees shall maintain records of bulb replacements, and the
records must be accessible to customers. Licensees must also post dates of bulb changing
where visible on every tanning device. The requirements of this subdivision also apply to
defective or burned-out lamps or filters.
new text end

new text begin Subd. 6. new text end

new text begin Contact surfaces; cleansing. new text end

new text begin Contact surfaces of tanning devices must
be cleansed between uses by the tanning facility with a cleansing agent approved by
the department. After each cleansing, a visible sign must be placed on the bed or booth
indicating that it has been properly cleaned. Bathrooms and dressing rooms must also be
properly sanitized, and customers must be provided with clean towels and washcloths.
The department shall adopt rules related to the sanitation standards to be met in each
tanning salon. These standards must meet the minimum standards for cosmetology salons
and barber shops, under chapters 154 and 155A, whichever standards are higher.
new text end

new text begin Subd. 7. new text end

new text begin Session duration and frequency limited. new text end

new text begin Operators shall limit session
duration and frequency to maximums recommended by the manufacturer of the tanning
device or the bulb, whichever is lower.
new text end

Sec. 7.

new text begin [325H.17] PROMOTIONAL MATERIALS.
new text end

new text begin A tanning facility shall not advertise or distribute promotional materials that claim
that using a tanning device is safe or free from risk or that the use of a tanning device
will result in medical or health benefits. A tanning facility may only claim, or distribute
promotional materials that claim, that a tanning device is for cosmetic use only.
new text end

Sec. 8.

new text begin [325H.18] EXCLUSIONS.
new text end

new text begin Phototherapy or ultraviolet radiation devices providing therapeutic benefits to
patients receiving medically supervised treatment for medical conditions in the office
of a health care professional, licensed under chapter 147A, are not subject to sections
325H.11 to 325H.20.
new text end

Sec. 9.

new text begin [325H.19] INSPECTIONS, VIOLATIONS, AND INJUNCTIONS.
new text end

new text begin (a) The department shall have access at reasonable times to any tanning facility,
including its records, to inspect and determine whether a violation of this chapter has
or will occur.
new text end

new text begin (b) A person who operates a tanning facility in violation of this chapter commits a
misdemeanor and is subject to suspension or revocation of the tanning facility's license. A
person, other than a customer, who operates or uses a tanning device in violation of this
chapter commits a misdemeanor.
new text end

new text begin (c) If the department finds a violation of this chapter that creates an immediate
threat to the health and safety of the public, the department may suspend or revoke the
tanning facility's license to operate.
new text end

new text begin (d) The department may take the following steps to enforce the provisions of this
chapter:
new text end

new text begin (1) cite each section of the chapter violated in writing;
new text end

new text begin (2) specify the manner in which the owner, manager, or operator failed to comply
with this chapter;
new text end

new text begin (3) require the facility to pay a fine for failure to comply with provisions in this
chapter, not to exceed $5,000 for each individual violation;
new text end

new text begin (4) require the facility to provide a corrective action plan, including a reasonable
time schedule for completion. The department shall review the corrective action plan and
may approve or require modification of the plan.
new text end

new text begin (e) If a tanning facility fails to comply with conditions of the written notice provided
under paragraph (d), the department shall notify the owner, manager, or operator, by
certified mail, that unless action is taken within five days of receipt of the written notice,
the tanning facility's license will be suspended or revoked.
new text end

Sec. 10.

new text begin [325H.20] ADOPTION OF WARNING SIGN.
new text end

new text begin Not later than December 1, 2011, the department shall post the warning statement
required under this chapter on the department's Internet Web site in a form that is easily
downloaded and printed by a tanning facility owner or operator.
new text end

Sec. 11. new text beginNON-PREEMPTION OF LOCAL REGULATION.
new text end

new text begin This section does not preempt regulation by local governmental units, to the extent
the local regulation is stronger.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 325H.01; 325H.02; 325H.03; 325H.04; 325H.05;
325H.06; 325H.07; 325H.08; 325H.09; and 325H.10,
new text end new text begin are repealed effective January
1, 2012.
new text end

Sec. 13. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2012, except that section 10 is effective December 1,
2011.
new text end