January 30, 2007, Introduced by Reps. Accavitti, Gaffney, Stahl, Wojno, Alma Smith, Moss and David Law and referred to the Committee on Commerce.
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 a 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:
(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.
(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 a 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.
Sec. 13407. (1) An individual injured while using a tanning
device at a 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
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) Beginning 180 days after the effective date of
the rules adopted by the department under subsection (2), a person
shall not operate a tanning facility unless licensed under this
part by the department.
(2) Not later than 180 days after the effective date of this
part, the department shall promulgate rules establishing licensure
and safety standards for tanning facilities. 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
licensure cycle of up to 3 years and shall provide for an
application fee not to exceed $100.00 and an annual license fee not
to exceed $50.00.
(3) The department may suspend or revoke a license, and may
deny an applicant a license, 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) 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. 13413. In addition to any other enforcement action
authorized by law, a person alleging a violation of this part may
bring a civil action for appropriate injunctive relief, if the
person has used the tanning facility within 60 days before the
civil action is filed.
Sec. 13415. (1) 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.
(2) This part may be enforced by a local health department.
Enacting section 1. Section 13407 of the public health code,
1978 PA 368, MCL 333.13407, is repealed effective October 1, 2007.
Enacting section 2. This amendatory act takes effect October
1, 2007.