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HB-4146, As Passed Senate, December 10, 2008

SENATE 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) "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.

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.

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:

(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 that suffers an injury while using a tanning

device at a tanning facility must report the injury to the owner or

operator of the tanning facility.

(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 suffered an injury while using a tanning device at

this tanning facility, you must report the injury to the owner or

operator.

8. Any skin-related treatment involving microdermabrasion,

including, but not limited to, facials, waxing, or skin peels, may

cause abnormal sensitivity to ultraviolet radiation.".

(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.

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.

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. 13407a. If an individual suffers an injury while using a

tanning device at a tanning facility and if that tanning facility

has failed to comply with the disclosure and consent requirements

of this part, the individual may bring an action in a court of

competent jurisdiction for actual damages plus an amount of not

more than $1,000.00, as well as actual and reasonable attorney

fees.

Sec. 13409. 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.