HB-4146, As Passed House, May 8, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4146

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding part 134; and to repeal acts

and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 134. TANNING FACILITIES

Sec. 13401. As used in this part:

     (a) "Eye protection" or "protective eyewear" means protective

eyewear that protects the eyes from ultraviolet radiation, allows

adequate vision to maintain balance, and meets the requirements of

21 CFR 1040.20.

     (b) "State civil infraction" means that term as defined in

section 113 of the revised judicature act of 1961, 1961 PA 236, MCL

600.113.

     (c) "Tanning device" means equipment that emits

electromagnetic radiation with wavelengths in the air between 200

and 400 nanometers and is used for tanning of the skin. Tanning

device includes, but is not limited to, a sunlamp, tanning booth,

or tanning bed and accompanying equipment, including, but not

limited to, protective eyewear, timers, and handrails.

     (d) "Tanning facility" means a location that provides

individuals with access to a tanning device. Tanning facility does

not include a private residence with a tanning device if the

tanning device is used only by an owner or occupant of the private

residence.

Sec. 13403. (1) Before allowing an individual to use a tanning

device in any tanning facility, the owner, operator, or an employee

of the tanning facility shall provide the individual with a written

statement that contains all of the following information:

     (a) Not wearing either his or her own eye protection or eye

protection made available to the individual by the tanning facility

while using a tanning device may cause damage to the eyes.

     (b) Overexposure to the ultraviolet radiation produced by the

tanning devices used in the tanning facility causes burns.

     (c) Repeated exposure to the ultraviolet radiation produced by

the tanning devices used in the tanning facility may cause

premature aging of the skin or skin cancer, or both.

     (d) Abnormal skin sensitivity to ultraviolet radiation or

burning may be caused by certain foods, cosmetics, and medication.

The medication includes, but is not limited to, all of the

following:

House Bill No. 4146 (H-1) as amended May 8, 2008

     (i) Tranquilizers.

     (ii) Diuretics.

     (iii) Antibiotics.

     (iv) High blood pressure medication.

     (v) Birth control medication.

     (e) An individual who is taking a prescription drug or over-

the-counter drug should consult a physician before using a tanning

device.

     (f) An individual injured while using a tanning device at a

tanning facility may report the injury to the owner or operator of

the tanning facility or to the department, or both.

[(g) That any skin-related treatment involving microdermabrasion, including, but not limited to, facials, waxing, or skin peEls, may cause abnormal sensitivity to ultraviolet radiation.]

     (2) The owner or operator of a tanning facility shall

conspicuously display a poster in an area frequented by customers.

The poster shall be printed in at least 32-point boldfaced type and

in substantially the following form:

"DANGER: ULTRAVIOLET RADIATION

     1. Follow instructions.

     2. Avoid too frequent or too lengthy exposure. As with natural

sunlight, exposure can cause eye and skin injury and allergic

reactions. Repeated exposure may cause chronic sun damage,

characterized by wrinkling, dryness, fragility, and bruising of the

skin, and skin cancer.

     3. Wear protective eyewear.

FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE

BURNS AND LONG-TERM INJURY TO THE EYES

     4. Ultraviolet radiation from sunlamps will intensify the

effects of the sun. Therefore, do not sunbathe before or after

exposure to ultraviolet radiation.

     5. Some oral or skin medications or cosmetics may increase

your sensitivity to ultraviolet radiation. Consult your physician

before using a tanning device if you are using medications, have a

history of skin problems, or believe you are especially sensitive

to sunlight. Pregnant women or women on birth control pills who use

this tanning device may develop discolored skin.

     6. If you do not tan in the sun, you are unlikely to tan from

use of this tanning device.

     7. If you are injured while using a tanning device at this

tanning facility, you may report the injury to the owner or

operator or to the department of community health, or both.".

     (3) The owner or operator or an employee of a tanning facility

shall not claim or distribute printed promotional materials that

claim or otherwise advertise that using a tanning device is safe,

nonburning, or free from risk.

     (4) Compliance with this section does not diminish or

otherwise limit or alter the tort liability of the owner or

operator of a tanning facility.

     Sec. 13405. (1) Before allowing a customer to use a tanning

device, the owner or operator of any tanning facility shall require

the customer to sign a written statement acknowledging that the

customer has read and understood the written statement required

under section 13403(1) and agrees to use protective eyewear. The

owner or operator of the tanning facility shall do all of the

following:

     (a) Require a customer to sign the statement at least once in

a 1-year period.

     (b) Retain the written statement for not less than 1 year.

     (c) Make the written statement available for inspection upon

request of a law enforcement officer.

     (2) In the case of a customer under 18 years of age, the

written statement described in subsection (1) shall also be signed

by the customer's parent or legal guardian while the parent or

legal guardian is physically present at the tanning facility and

shall be signed in the presence of the owner or operator.

     Sec. 13407. (1) An individual injured while using a tanning

device at any tanning facility may report that fact to the owner or

operator of the tanning facility or to the department, or both. If

an individual reports an injury to the department, he or she shall

submit the report on a form provided by the department. Within 5

working days after the owner or operator of a tanning facility

receives notice of an injury that is alleged to have occurred in

the tanning facility, he or she shall report that alleged injury to

the department on a form provided by the department. The department

shall develop and make available a reporting form for purposes of

this section within 30 days after the effective date of this part.

The reporting form shall contain at least all of the following

information:

     (a) The name of the person who is making the report.

     (b) The name and location of the tanning facility that is the

subject of the report.

     (c) The nature of the alleged injury.

     (d) The name and address of the health care provider to whom

House Bill No. 4146 (H-1) as amended May 8, 2008

the injured individual was referred, if any.

     (e) Other information that the department may require.

     (2) The department shall maintain in a retrievable form all

reports submitted under subsection (1). The department shall

establish a registry of those reports. A report maintained under

this section is confidential, and the department shall release the

information contained in the report only upon written request of

the person or owner or operator of the tanning facility who is the

subject of the report or his or her guardian, executor, attorney,

or other person designated in writing by that person or owner or

operator. The department may also release the statistical

information contained in the reports, without identifying

information.

     Sec. 13409. (1) The department may promulgate rules

establishing registration of certain facilities and safety

standards for all tanning facilities[, including, but not limited to,

 standards regarding proper disinfection of tanning devices between use]. The department may

incorporate by reference existing industry standards, existing

federal standards, or existing standards adopted in other states if

it determines that those standards are designed to provide

sufficient protection to the public. The rules may provide for a

registration cycle of up to 3 years and shall provide for a 1-time

application fee not to exceed $100.00 and a per-year registration

fee not to exceed $50.00.

     (2) Beginning the effective date of the rules adopted under

subsection (1) regarding registration of tanning facilities, a

person shall not use the term "registered tanning facility" unless

registered under this part. A tanning facility not registered under

this part may still operate so long as it complies with sections

13403, 13405, and 13407.

     (3) The department may suspend or revoke a registration, and

may deny an applicant a registration, for a conduct in violation of

this act or rules adopted under this act. In lieu of a suspension

or revocation, the department may provide for the imposition of an

administrative fine of not more than $1,000.00 per violation.

Administrative proceedings under this section shall be brought

under the administrative procedures act of 1969.

Sec. 13411. (1) Before issuing a registration to an applicant

under this part, the department shall receive the results of an

inspection of the premises of the tanning facility that is the

subject of the application from the appropriate local health

department. The local health department shall convey the results of

the inspection of the premises of the tanning facility that is the

subject of the application to the department as soon as practical

after the inspection occurs.

     (2) The appropriate local health department shall inspect each

tanning facility prior to being registered under this part and

shall at least annually inspect each tanning facility registered

under this part to ensure compliance with this part. Subject to

section 13413, the department shall authorize a local health

department under section 2235 to perform the inspections required

under this subsection.

     (3) The department shall issue a registration under this part

to a specific person for a tanning facility at a specific location.

A registration issued under this part is nontransferable.

Sec. 13413. The owner or operator of a tanning facility

registered under this part shall apply to the department for

renewal of the registration not less than 30 days before its

expiration. Upon payment of the renewal fee prescribed by section

13409(1), the department shall renew the registration if the

applicant is in compliance with this part and any rules promulgated

under this part. The department shall consult with the appropriate

local health department to determine that compliance.

Sec. 13415. (1) Pursuant to section 2235, the department shall

authorize a local health department to enforce this part and any

rules promulgated under this part. A local health department

authorized to enforce this part and any rules promulgated under

this part shall enforce this part and any rules promulgated under

this part pursuant to sections 2461(2) and 2462. In addition to the

penalties and remedies under this part, a local health department

may enforce this part and any rules promulgated under this part

through an action commenced pursuant to section 2465 or any other

appropriate action authorized by law.

     (2) If a local health department of a county or city under

part 24 is unable or unwilling to perform the functions required in

this section and the county or city is not part of a district that

has created a district health department pursuant to section 2415,

the county or city, through an intergovernmental agreement, may

contract with another local governing entity to have that entity's

local health department perform the functions required in this

section. The contracting parties under this subsection shall obtain

the department's approval before execution of the intergovernmental

agreement.

     (3) Pursuant to section 2444, a local governing entity of a

local health department authorized to enforce this part under this

section may fix and require the payment of fees by applicants and

registrants for services required to be performed by the local

health department under this section.

     (4) In addition to any other enforcement action authorized by

law, a person alleging a violation of this part may bring a civil

action in a court of competent jurisdiction for appropriate

injunctive relief.

     Sec. 13417. A local governing entity of a local health

department authorized to enforce this part may adopt and enforce

local codes, ordinances, or regulations that are more stringent

than the minimum applicable standards set forth in this part or

rules promulgated under this part. This part shall not relieve the

applicant for a registration or a registrant from the

responsibility for securing a local permit or complying with

applicable local codes, regulations, or ordinances that are in

addition to this part.

Sec. 13419. (1) An owner or operator of a tanning facility who

violates this part is responsible for a state civil infraction and

may be ordered to pay a civil fine of not more than $500.00 for

each violation.

     (2) State civil infraction proceedings under this section

shall be conducted under chapter 88 of the revised judicature act

of 1961, 1961 PA 236, MCL 600.8801 to 600.8835. Fines and costs

collected shall be disbursed as provided by that chapter.

     Sec. 13421. The remedies under this part are independent and

cumulative. The use of 1 remedy by a person does not bar the use of

other lawful remedies by that person or the use of a lawful remedy

by another person.

     Enacting section 1. Section 13407 of the public health code,

1978 PA 368, MCL 333.13407, is repealed effective October 1, 2008.

     Enacting section 2. This amendatory act takes effect October

1, 2008.