SF 2566

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; regulating tanning facilities; amending Minnesota Statutes
2004, sections 325H.03, subdivision 1; 325H.08; proposing coding for new law
in Minnesota Statutes, chapter 325H.

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

Section 1.

Minnesota Statutes 2004, section 325H.03, subdivision 1, is amended to
read:

Subdivision 1.

Standards for all equipment.

(a) The tanning facility owner or
operator must use only tanning equipment manufactured according to Code of Federal
Regulations, title 21, part 1040.20. The exact nature of compliance must be based on the
standards in effect at the time of manufacture as shown on the device identification label
required by Code of Federal Regulations, title 21, part 1010.3.

(b) Each assembly of tanning equipment must be designated for use by only one
consumer at a time and must be equipped with a timer that complies with Code of Federal
Regulations, title 21, part 1040.20(c)(2). The maximum timer interval may not exceed the
manufacturer's maximum recommended exposure time. No timer interval may have an
error exceeding plus or minus ten percent of the maximum timer interval for the product.

(c) Tanning equipment must meet the National Fire Protection Association National
Electrical Code.

(d) Tanning equipment must include physical barriers to protect consumers from
injury induced by touching or breaking the lamps.

(e) The tanning facility owner or operator shall replace defective or damaged lamps,
bulbs, or filters with a type intended for use in the affected tanning equipment as specified
on the product label and having the same spectral distribution.

(f) The tanning facility owner or operator shall replace ultraviolet lamps and bulbs,
which are not otherwise defective or damaged, at a frequency or after a duration of use as
may be recommended by the manufacturer of the lamps and bulbs.

(g) The tanning facility owner or operator shall maintain a record of when the bulbs
or lamps in each tanning booth or bed were replaced according to paragraphs (e) and (f).

(h) 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.

(i) The tanning facility operator shall instruct each user on: (1) the proper position
to maintain relative to the tanning lamps; (2) the position of the safety railing, where
applicable; (3) the manual switching device to terminate radiation; and (4) maximum
time of exposure.

(j) The tanning facility operator shall inspect the facility to ensure that the floors
are dry before each individual's use, except that, in an apartment or a condominium, the
operator may check the facility periodically.

(k) The tanning facility operator shall monitor the use of the facility to ensure that
the interior temperature does not exceed 100 degrees Fahrenheit.

(l) The tanning facility operator shall comply with sanitizing procedures specified by
the manufacturer of the tanning equipment between users.

new text begin (m) The timer for the tanning equipment must be remotely located outside the room
where the tanning equipment is located. The remote timer must be set by an operator
trained according to section 325H.085. All tanning facilities must be equipped with
remote timers by .......
new text end

Sec. 2.

new text begin [325H.075] RESTRICTIONS ON USE OF TANNING EQUIPMENT.
new text end

new text begin (a) No owner, operator, or employee of a tanning facility shall permit the use
of tanning equipment by a person 18 years of age or older until the person provides a
driver's license or other photographic identification card issued by a governmental entity
or educational institution indicating that the individual is at least 18 years of age and
unless the tanning facility has on file a signed written statement, in a form prescribed by
the commissioner of health, acknowledging that the person has read and understood the
warnings required under section 325H.05 and agrees to wear safety goggles before using
any tanning equipment. The statement of acknowledgment may be retained by the tanning
facility in the form of an electronic image of the signed statement if the electronic image is
readily accessible by the owner or an employee of the tanning facility.
new text end

new text begin (b) This section preempts any contrary local law or ordinance, except that this
section does not preempt or supersede local laws or ordinances that impose additional
stricter restrictions on the use and operation of tanning equipment and that were in effect
before the effective date of this section.
new text end

Sec. 3.

Minnesota Statutes 2004, section 325H.08, is amended to read:

325H.08 CONSENT REQUIRED new text begin ; UNDER AGE 18 new text end .

deleted text begin Before allowing the initial exposure at a tanning facility of a person under the age of
16, the owner or operator shall witness the person's parent's or legal guardian's signing
and dating of the warning statement required under section 325H.06. deleted text end new text begin (a) No owner,
operator, or employee of a tanning facility shall permit the use of tanning equipment by
a person under 18 years of age until the person provides the tanning facility with the
written consent, in a form prescribed by the commissioner of health, of a parent or legal
guardian. The parent or legal guardian must sign the consent form in the presence of the
owner or an employee of the tanning facility, indicating that the parent or guardian has
read and understood the warnings required under sections 325H.05 and 325H.06. The
written consent must be retained by the tanning facility for 12 months from the date the
consent form is signed, at which time each person who is under 18 years of age and is
a current customer of the tanning facility is required to renew the written consent. The
consent form may be retained in the form of an electronic image if the electronic image is
readily accessible by the owner or an employee of the tanning facility. new text end

new text begin (b) This section preempts any contrary local law or ordinance, except that this
section does not preempt or supersede local laws or ordinances that impose additional
stricter restrictions on the use and operation of tanning equipment and that were in effect
before the effective date of this section.
new text end

Sec. 4.

new text begin [325H.085] OPERATOR TRAINING.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Advanced safety training. new text end

new text begin The owner of a tanning facility or
the person who operates the tanning facility must possess a certificate of successful
completion for the advanced safety training required under subdivision 2. When an
advanced safety training course is not available within a 60-mile radius of a tanning
facility within the time frame specified under subdivision 4, successful completion of a
correspondence training course may be substituted. A correspondence course must meet
the subject matter requirements of subdivision 2 and be approved by the commissioner of
health to qualify as advanced safety training under this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Advanced safety training requirements. new text end

new text begin An advanced safety training
course must:
new text end

new text begin (1) be at least four hours in length and must conclude with an examination covering
the information presented in the course. The four hour requirement includes only time
devoted solely to the safety topics under clause (2) and does not include periods of
noninstruction, such as registration, breaks, lunch, or test taking;
new text end

new text begin (2) include the following study topics:
new text end

new text begin (i) ultraviolet radiation and effects on the skin;
new text end

new text begin (ii) skin typing;
new text end

new text begin (iii) exposure time;
new text end

new text begin (iv) photosensitivity;
new text end

new text begin (v) Code of Federal Regulations, title 21, part 1040;
new text end

new text begin (vi) eye protection; and
new text end

new text begin (vii) equipment and maintenance;
new text end

new text begin (3) include written material, such as a training manual; audiovisual presentations,
slides, or videos; copies of this chapter and Code of Federal Regulations, title 21, section
1040.20; and a question and answer period for trainees; and
new text end

new text begin (4) issue certificates of completion to individuals who successfully complete the
course.
new text end

new text begin Subd. 3. new text end

new text begin Employee training. new text end

new text begin A tanning facility employee who operates tanning
equipment or assists customers in operating tanning equipment must be trained on the
proper operation and maintenance of the tanning equipment. The person with advanced
safety training under subdivision 1 is responsible for training the employees and ensuring
that the employees take a training course approved by the commissioner of health. Proof
of training must be maintained with the tanning facility and be available for inspection by
the commissioner of health. Training under this subdivision must include:
new text end

new text begin (1) review of the requirements of this chapter;
new text end

new text begin (2) procedures for correct cleaning, sanitizing, and operation of the tanning
equipment;
new text end

new text begin (3) recognition of overexposure or similar injury;
new text end

new text begin (4) review of manufacturer's procedures for operation and maintenance of tanning
equipment;
new text end

new text begin (5) medical aspects of ultraviolet radiation, photosensitivity, maximum allowable
time of exposure, and determination of human skin types as it relates to compliant use of
the Food and Drug Administration exposure schedule; and
new text end

new text begin (6) emergency procedures in case of overexposure or injury.
new text end

new text begin Subd. 4. new text end

new text begin Compliance schedule. new text end

new text begin The training required under this section must
be completed as follows:
new text end

new text begin (1) a person who operates a tanning facility and who is hired on or after the effective
date of this section must successfully complete the training required under subdivision
2 before taking charge of a tanning facility. Other tanning facility employees who
are hired on or after the effective date of this section have 30 days after the date of
employment to successfully complete the training required under subdivision 3. A tanning
facility employee must work under the direct supervision of a person trained according
to subdivision 2 until the employee successfully completes the training required under
subdivision 3; and
new text end

new text begin (2) tanning facility employees who are hired before the effective date of this section
have 30 days after the effective date of this section to successfully complete the required
training.
new text end

Sec. 5.

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

new text begin The commissioner of health shall adopt rules to implement this chapter.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective January 1, 2007. Section 5 is effective the day following
final enactment.
new text end