2008 Legislative Session _ 2008
(1) "Phototherapy device," equipment that emits ultraviolet radiation and is used in treating
disease;
(2) "Tanning device," equipment that emits electromagnetic radiation having wavelengths in
the air between two hundred and four hundred nanometers and that is used for the tanning
of human skin and any equipment used with that equipment, including protective
eyewear, timers, and handrails. However, the term, tanning device, does not include a
phototherapy device used by a physician;
(3) "Tanning facility," any place or business that provides persons access to a tanning device.
Section 2. Each tanning facility shall give to each of its customers written notice of all of the
following:
(1) Failure to wear the eye protection provided by the tanning facility may damage the
customer's eyes and cause cataracts;
(2) Overexposure to a tanning device causes burns;
(3) Repeated exposure to a tanning device may cause premature aging of the skin and skin
cancer;
(4) Abnormal skin sensitivity or burning of the skin while using a tanning device may be
caused by the following:
(a) Certain foods;
(b) Certain cosmetics;
(c) Certain medications, including tranquilizers, diuretics, antibiotics, high blood
pressure medicines, and birth control pills; and
(d) Certain diseases;
(5) Any person who takes a drug should consult a physician before using a tanning device.
Section 3. Each tanning facility shall prominently display a sign in each area where a tanning
device is used. The warning sign shall convey the following directions and information:
(1) Follow instructions;
(2) Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of a tanning
device can cause eye and skin injury and allergic reactions. Repeated exposure can cause
chronic sun damage, which is characterized by wrinkling, dryness, fragility and bruising
of the skin, and skin cancer;
(3) Wear food and drug administration-approved protective eyewear;
(4) Ultraviolet radiation from tanning devices will aggravate the effects of the sun, so do not
sunbathe during the twenty-four hours immediately preceding or immediately following
the use of a tanning device;
(5) Medications and cosmetics may increase your sensitivity to ultraviolet radiation. Consult
a physician before using a tanning device if you are using medications, have a history of
skin problems, or believe that your are especially sensitive to sunlight. Women who are
pregnant or using birth control pills and who use a tanning device may develop discolored
skin;
(6) If your skin does not tan when exposed to the sun it is unlikely that your skin will tan
when exposed to this tanning device.
Section 4. No owner or employee of a tanning facility may claim, or distribute materials that
claim, that using a tanning device is free of risk.
Section 5. The owner of a tanning facility shall ensure that all of the following requirements
regarding tanning devices are fulfilled:
(1) An approved disinfectant as described in 21 CFR
§
178.1010 is available for each tanning
device;
(2) Each customer has agreed to use food and drug administration-approved protective
eyewear;
(3) Each customer has been shown how to use such physical aids as handrails and markings
on the floor to determine the proper distance from the tanning device;
(4) Each tanning device has a timing device that is accurate within ten percent;
(5) Each tanning device is equipped with a mechanism that allows the customer to turn the
tanning device off;
(6) Each customer has agreed to the maximum exposure time recommended by the
manufacturer of the tanning device;
(7) Customers are not allowed to use a tanning device in that tanning facility more than once
every forty-eight hours;
(8) The interior temperature of the tanning facility does not exceed one hundred degrees
Fahrenheit.
Section 6. The owner of the tanning facility shall ensure that all of the following requirements
regarding the tanning facility are fulfilled:
(1) The operator shall provide the consumers of the tanning facility access to toilet and hand
washing facilities with hot and cold running water. Such facilities shall meet the
following requirements:
(a) Be cleaned and disinfected at least once every twenty-four hours;
(b) Contain bar, liquid, or powdered hand-cleaning soap in a dispenser; and
(c) Contain paper towels and a conveniently located receptacle for used paper towels
or a hand-drying device. Common towels are prohibited;
(2) Each consumer shall have access at any time to a safe and sanitary supply of drinking
water;
(3) Each tanning facility shall provide to its consumers clean cloth towels or disposable paper
towels. Cloth towels must be laundered with soap or detergent after each use;
(4) The interior of the tanning facility shall be maintained in good repair and shall be kept in
a safe, clean, sanitary condition, free from all accumulation of dirt and rubbish;
(5) Any equipment and fixtures in the tanning facility, if appropriate, shall be installed in
accordance with all applicable local, state, or federal codes.
Section 7. No minor may use a tanning device at a tanning facility without the written consent
of a parent or legal guardian. The consent shall indicate that the parent or legal guardian has read the
warnings required by this Act and that the minor agrees to wear food and drug administration-
approved protective eyewear. The parent or legal guardian shall provide a notarized statement of
consent or sign the consent form in the presence of the owner of the tanning facility or an employee
responsible for the operation of the tanning device of the facility. Any owner or employee who
knowingly allows a minor to use a tanning device in a tanning facility without the required consent
is guilty of a Class 2 misdemeanor.
Section 8. No minor under the age of fourteen years may utilize a tanning device at a tanning
facility without a written order from a physician licensed in this state and without being accompanied
by a parent or legal guardian for each use of the tanning device. Any owner or employee of a tanning
facility who knowingly allows a minor under the age of fourteen years to use a tanning device in a
tanning facility without a written order of a physician is guilty of a Class 2 misdemeanor.
Moved by: Lucas
Action: Died for lack of a second.
MOTION:
AMEND HB 1128
1128je
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. Terms used in this Act mean:
(1) "Phototherapy device," equipment that emits ultraviolet radiation and is used in
treating disease;
(2) "Tanning device," equipment that emits electromagnetic radiation having wavelengths
in the air between two hundred and four hundred nanometers and that is used for the
tanning of human skin and any equipment used with that equipment, including
protective eyewear, timers, and handrails. However, the term, tanning device, does not
include a phototherapy device used by a physician;
(3) "Tanning facility," any place or business that provides persons access to a tanning
device.
Section 2. Each tanning facility shall give to each of its customers written notice of all of the
following:
(1) Failure to wear the eye protection provided by the tanning facility may damage the
customer's eyes and cause cataracts;
(2) Overexposure to a tanning device causes burns;
(3) Repeated exposure to a tanning device may cause premature aging of the skin and skin
cancer;
(4) Abnormal skin sensitivity or burning of the skin while using a tanning device may be
caused by the following:
(a) Certain foods;
(b) Certain cosmetics;
(c) Certain medications, including tranquilizers, diuretics, antibiotics, high blood
pressure medicines, and birth control pills; and
(d) Certain diseases;
(5) Any person who takes a drug should consult a physician before using a tanning
device.
Section 3. Each tanning facility shall prominently display a sign in each area where a tanning
device is used. The warning sign shall convey the following directions and information:
(1) Follow instructions;
(2) Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of a tanning
device can cause eye and skin injury and allergic reactions. Repeated exposure can
cause chronic sun damage, which is characterized by wrinkling, dryness, fragility and
bruising of the skin, and skin cancer;
(3) Wear food and drug administration-approved protective eyewear;
(4) Ultraviolet radiation from tanning devices will aggravate the effects of the sun, so do
not sunbathe during the twenty-four hours immediately preceding or immediately
following the use of a tanning device;
(5) Medications and cosmetics may increase your sensitivity to ultraviolet radiation.
Consult a physician before using a tanning device if you are using medications, have
a history of skin problems, or believe that your are especially sensitive to sunlight.
Women who are pregnant or using birth control pills and who use a tanning device
may develop discolored skin;
(6) If your skin does not tan when exposed to the sun it is unlikely that your skin will tan
when exposed to this tanning device.
Section 4. No owner or employee of a tanning facility may claim, or distribute materials that
claim, that using a tanning device is free of risk.
Section 5. No minor under the age of sixteen may use a tanning device at a tanning facility
without the written consent of a parent or legal guardian. The consent shall indicate that the
parent or legal guardian has read the warnings required by this Act and that the minor agrees to
wear food and drug administration-approved protective eyewear. The parent or legal guardian
shall provide a notarized statement of consent or sign the consent form in the presence of the
owner of the tanning facility or an employee responsible for the operation of the tanning device
of the facility. Any owner or employee who knowingly allows a minor to use a tanning device
in a tanning facility without the required consent is subject to civil liability.".
Moved by: Nygaard
Second by: Van Norman
Action: Was not acted on.
MOTION:
AMEND THE PENDING AMENDMENT
1128jf
On the pending amendment (1128je), in section 5, delete "under the age of sixteen".
Moved by: Nygaard
Second by: Steele
Action: Failed by roll call vote. (5-8-0-0)
Voting Yes: Lucas, Miles, Nygaard, Steele, Van Etten
Voting No: Boomgarden, Dreyer, Heineman, Jerke, Kirkeby, Olson (Betty), Rave, Van
Norman
MOTION:
SUBSTITUTE MOTION DEFER HB 1128 TO THE 36TH LEGISLATIVE DAY
Moved by: Dreyer
Second by: Steele
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Boomgarden, Dreyer, Heineman, Jerke, Kirkeby, Olson (Betty), Rave, Steele
Voting No: Lucas, Miles, Nygaard, Van Norman, Van Etten
SB 38: revise certain provisions relating to the consideration of assets for the
purpose of long-term care eligibility.
Presented by: Kim Malsam Rysdon, Department of Social Services (Doc. 2)
MOTION:
DO PASS SB 38
Moved by: Jerke
Second by: Steele
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Boomgarden, Dreyer, Heineman, Jerke, Kirkeby, Lucas, Miles, Nygaard, Olson
(Betty), Rave, Steele, Van Norman, Van Etten
MOTION:
PLACE SB 38 ON CONSENT CALENDAR
Moved by: Jerke
Second by: Heineman
Action: Failed by voice vote.
SB 50: change the name of the Board of Counselor Examiners.
Presented by: Brett Koenecke, Board of Counselor Examiners
MOTION:
DO PASS SB 50
Moved by: Dreyer
Second by: Miles
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Boomgarden, Dreyer, Heineman, Jerke, Kirkeby, Lucas, Miles, Nygaard, Olson
(Betty), Rave, Steele, Van Norman, Van Etten
MOTION:
PLACE SB 50 ON CONSENT CALENDAR
Moved by: Rave
Second by: Miles
Action: Prevailed by voice vote.
The Chair handed out the Department of Human Services overview follow-up information that
the committee had requested. (Doc. 3)
MOTION:
ADJOURN
Moved by: Heineman
Second by: Rave
Action: Prevailed by voice vote.
Cheri Hauschild
____________________________
Committee SecretaryDon Van Etten, Chair
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