Bill Text: MS SB2696 | 2016 | Regular Session | Introduced
Bill Title: Tanning facility regulation; prohibit use by anyone under 18 years of age.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2696 Detail]
Download: Mississippi-2016-SB2696-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Welfare
By: Senator(s) Burton, Wiggins
Senate Bill 2696
AN ACT TO AMEND SECTION 41-115-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF TANNING DEVICES AT TANNING FACILITIES BY CHILDREN UNDER AGE 18; TO ASSESS A CIVIL PENALTY FOR VIOLATIONS OF THIS SECTION; TO REQUIRE TANNING FACILITIES TO POST A NOTICE DEVELOPED BY THE MISSISSIPPI STATE DEPARTMENT OF HEALTH STATING IT IS UNLAWFUL FOR A TANNING FACILITY OWNER OR OPERATOR TO ALLOW A PERSON UNDER THE AGE OF 18 TO USE ANY TANNING DEVICE; TO REQUIRE TANNING FACILITIES TO POST A NOTICE DEVELOPED BY THE MISSISSIPPI STATE DEPARTMENT OF HEALTH STATING THAT A TANNING FACILITY OR OPERATOR THAT VIOLATES THIS SECTION IS SUBJECT TO A CIVIL PENALTY; TO REQUIRE TANNING FACILITIES TO POST A NOTICE DEVELOPED BY THE MISSISSIPPI STATE DEPARTMENT OF HEALTH STATING THAT AN INDIVIDUAL MAY REPORT VIOLATIONS OF THIS SECTION TO THE MISSISSIPPI STATE DEPARTMENT OF HEALTH STATING THE HEALTH RISKS ASSOCIATED WITH TANNING; TO REQUIRE THE OPERATOR TO REQUIRE PHOTO IDENTIFICATION INDICATING THAT THE PERSON USING A TANNING DEVICE IS AT LEAST 18 YEARS OF AGE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-115-1, Mississippi Code of 1972, is amended as follows:
41-115-1. (1) As used in this section:
(a) "Tanning device" means any equipment that emits radiation having wavelengths in the air between two hundred (200) and four hundred (400) nanometers and that is used for tanning of the skin, such as a sunlamp, tanning booth or tanning bed, and includes any accompanying equipment, such as protective eyewear, timers and handrails; and
(b) "Tanning
facility" means any * * * place where a tanning device is used for a fee, membership dues, or any
other compensation location, place, area, structure or business
that provides persons access to any tanning device, including tanning salons,
health clubs, apartments and condominiums, regardless of whether a fee is
charged for access to the tanning equipment.
(c) "Operator" means a person designated by the tanning facility owner or tanning device lessee to operate or to assist and instruct in the operation and use of the tanning facility or tanning device.
(d) "Phototherapy device" means equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury.
(2) * * * It shall be unlawful for a tanning facility or
operator to allow any person who has not yet reached the age of eighteen (18)
to use any tanning device.
(3) * * * Any tanning facility or
operator that allows a person under eighteen (18) years of age to use any
tanning device shall be in violation of the rules and regulations of the
Mississippi State Department of Health and will subject the facility to denial,
suspension or revocation of its registration and the imposition of a civil
penalty of not more than One Hundred Dollars ($100.00) for the first offense
and not more than Five Hundred Dollars ($500.00) for any subsequent offense.
(4) Each tanning facility owner, lessee or operator shall post in a conspicuous place in each tanning facility that the individual owns, leases or operates in the state a notice developed by the Mississippi State Department of Health addressing the following, and shall give to each of its customers a written statement which must be signed by the customer before initial use and each year thereafter:
(a) * * *
That it is unlawful for a tanning facility or operator to allow a person
under the age of eighteen (18) to use any tanning device;
(b) * * * That a
tanning facility or operator that violates the provisions of this section shall
be subject to a civil penalty;
(c) That an individual may report a violation of the provisions of this section to the Mississippi State Department of Health; and
(d) The health risks associated with tanning, including, but not limited to, skin cancer, premature aging of skin, burns to the skin, and adverse reactions to certain medications, foods, and cosmetics.
(5) The operator shall require each person using a tanning device to provide a driver's license or other photo identification issued by a government entity or educational institution indicating that the person is at least eighteen (18) years of age.
( * * *6) This section * * * shall not apply to * * * any physician who is
duly licensed to practice medicine in this state and who, in the practice of
medicine, uses a phototherapy device with respect to a patient of any age.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.