HB 1822 -- LICENSURE OF TANNING FACILITIES

SPONSOR:  Cooper

COMMITTEE ACTION:  Voted "do pass" by the Committee on Health
Care Policy by a vote of 5 to 4.

This bill establishes provisions regarding the licensure of
tanning facilities by the Department of Health and Senior
Services.  In its main provisions, the bill:

(1)  Prohibits any person from operating a tanning facility
without a license from the department and requires all licenses
to be conspicuously displayed in the facility;

(2)  Requires facilities to provide written warning statements to
every customer requiring their signature prior to the use of any
tanning device and before the renewal of a contract and to post
signs warning of ultraviolet radiation and its long-term effects
on the human body;

(3)  Requires facilities to have operators on duty who are
knowledgeable in the correct operation of all tanning equipment
on the premises, provide customers with eye protection, show
customers how to use all physical aids within the facility, use
accurate timers on all devices, maintain a control that allows
for the manual termination of lamps, limit exposure to that
recommended by the manufacturer, and control the facility's
interior temperature so that it doesn't exceed 100 degrees
Fahrenheit;

(4)  Requires all customers to sign a written statement that they
have read and understand all warnings presented by the facility
and agree to wear the protective eyewear before being allowed to
use any device within the facility;

(5)  Prohibits individuals younger than 16 years of age from
using a tanning device.  Before individuals younger than 18 years
of age can use any device, his or her parent or guardian must go
to the facility and sign a written statement acknowledging that
he or she has read and understands all the warnings given by the
facility and consents to the minor's use of a tanning device;

(6)  Authorizes the department director to establish rules
regarding the issuance and renewal of licenses; standards of
hygiene which must be maintained by facilities; and procedures to
grant, deny, suspend, revoke, or reinstate licenses; and

(7)  Creates the Tanning Facility Fund for the deposit of fees
collected for the purpose of administering the provisions of the
bill.

Anyone violating a provision of the bill will be guilty of a
class C misdemeanor.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2011,
FY 2012, and FY 2013.  Estimated Effect on Other State Funds of
an income of $0 in FY 2011, a cost of $89,296 in FY 2012, and an
income of $319,340 in FY 2013.

PROPONENTS:  Supporters say that currently there are no state
laws for the licensure of tanning facilities so the bill will
help regulate these facilities.  Skin cancer is the most common
type of cancer, and melanoma is the leading cause of cancer in
younger women.  Tanning beds emit ultraviolet radiation 10-15
times greater than that of natural light.  Diagnosis and
treatment of skin cancer is costly to society because the State
Medicare Program is the leading payer for cancer treatments.
Ultraviolet radiation from tanning beds causes melanoma, and
there are overwhelming statistics to prove that melanoma can be
caused from tanning.  The diagnosis of melanoma has dramatically
increased in women between the ages of 15 and 29 due to the
increased use of tanning beds.

Testifying for the bill were Representative Cooper; Brundha
Balaraman; Sandi Huls; Dr. Angel Allen, Missouri Dermatology
Society; Amy Metzger; Dr. Ian McCaslin, MO HealthNet; and
Missouri State Medical Association.

OPPONENTS:  Those who oppose the bill say that it is unnecessary
and will do nothing to improve public health.  Indoor tanning
facilities are already strictly regulated by the federal Food and
Drug Administration which requires warning signs, use of eyewear,
maximum timer intervals, and equipment output.  The required
inspection program mandated by the bill will be expensive to the
businesses as well as to the state and will take resources away
from critical public health initiatives.  Indoor tanning
facilities are typically small businesses that are already
suffering in the current recession, and additional restrictions
on these businesses and the accompanying fees will harm the
businesses as well as cost jobs and cause loss of tax revenue.

Testifying against the bill was John Overstreet, Indoor Tanning
Association.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm