Local Law Changes Affect Indoor Tanning
Just when salon owners thought the lull of the season would allow them to catch a breath, state officials decided to make adjustments to existing laws and tax structures that directly affect tanning. Although no new state has joined the ranks of tanning regulations, those that have a history of rule and tax enforcement are making some noticeable adjustments.
Oregon Allows More Time For Training
The Oregon Department of Human Services Radiation Protection Services has relaxed its requirements for salon training, according to Phil Wilson, health physicist for the Oregon tanning program.
According to the new rules, state salon owners now have one year from the date of registration to comply with staff formal training requirements. Prior to the change, salons were required to have state-approved training completed as part of the initial licensing steps. Although the new rule mostly affects new salons, it will help relieve some of the initial procedural requirements for opening a tanning salon in Oregon.
The state definition of formal training is a course of instruction reviewed and approved by the state's tanning program and conducted or presented under formal classroom conditions by a qualified expert possessing adequate knowledge and experience to offer a curriculum, associated training and certification testing pertaining to and associated with the correct use of tanning equipment. Currently, operator training must cover ultraviolet radiation and effects on the skin, photosensitivity, FDA and Oregon regulations, eye protection, and equipment maintenance. The National Tanning Training Institute offers such a state-approved training program.
Additionally, salons with five or more tanning devices must have at least two employees certified to be compliant with state rules. This was expanded from four devices.
In the previous rules, specific guidelines discussed tanning facilities using token timer-control systems. Due to current remote-timer requirements and operational standards, this reference has been omitted.
Also, the state's tanning program will continue to maintain a listing of approved sanitizers for salon use. Operators are required by the state to use products that sanitize to a safe level of microorganisms. The revised rules state more clearly that protective eyewear and tanning-device sanitizers must be registered by the Environmental Protection Agency and approved by the state tanning agency before being used in tanning facilities throughout Oregon.
For more information regarding Oregon regulatory changes, contact Wilson at the state tanning program: (503) 731-4014 ext. 659.
Ohio Considers Tax Change
The Ohio House of Representatives is considering a bill that would tax "personal care services" including indoor tanning. In addition to tanning services, Section 5739.01B3r of House Bill 95 would mandate the taxation of services of skincare, applications of cosmetics, manicuring, pedicuring, hair removal, tattooing, body piercing, massage and other similar services.
Services offered by physicians or the cutting, coloring, or styling of an individual's hair would not be included.
This new taxation would be on the heels of recent regulatory changes in that state. Ohio, the nation's first state with tanning regulations, revised its existing tanning codes to require a bit more from its nearly 4,000 registered tanning facilities. The new regulations went into effect Jan. 1, 2002.
If approved, this new taxation would be for fiscal year 2004 and would be part of the main operating budget for fiscal years 2004 and 2005. For more information on House Bill 95, go to www.legislature.state.oh.us/bills.cfm?ID=125_HB_95.
Ohio Takes A Close Look At Acrylics
The emergence of a new style of tanning bed acrylic has prompted the Ohio State Board of Cosmetology to consider new regulations for frosted acrylics. The issue was first discussed at the board's April meeting.
The discussion began after a tanning inspector found a salon with frosted acrylics in its beds. This raised several problems, in that the lamps could not easily be checked for compatibility against the manufacturers' lamp lists.
"Staff proposed to the board the following rules [listed below] for which we need comments," says James Rough, executive director of the Ohio State Board of Cosmetology. "I don't think we can ban them, but they do raise problems not present with clear acrylics, the primary one being checking the bulbs for compliance with manufacturers' lists of approved bulbs."
The proposed tanning rules are as follows:
(A) Tanning bed facilities using frosted acrylics for its tanning beds must be able to remove acrylic shields during inspections in order for the lamps to be checked according to manufacturer's recommendations.
(B) Tanning bed facilities using frosted acrylics for its tanning beds must be able to show the inspector available cleaning solutions specified for these types of acrylics and that proper cleaning methods are being used for frosted acrylic shields.
(C) Tanning bed facilities using frosted acrylics for its tanning beds must post a sign indicating that frosted acrylic shields may slightly reduce UVA effectiveness.
The board was not inclined to approve paragraph (C), Rough says.
State officials will consider comments by industry representatives regarding the frosted-acrylic issue before making any final decisions. The board can be contacted at (614) 644-6134.
Arizona Tightening Local Rules
All businesses in Arizona that offer tanning soon will have revised tanning regulations to consider. The revised rules most likely will be in place no later than this summer, says John Lamb, an official with the Arizona Radiation Regulatory Agency.
One of the biggest changes is stronger language defining requirements for a "trained and knowledgeable" operator. According to the proposed rules, a trained operator must control a sunlamp's timer when a tanning device is in use. In order for the state to consider an operator properly trained, the salon must keep training records for inspection purposes that include dates and material covered for three years from the date the training was provided. A list of trained employees also must be posted in the tanning facility.
According to the new rules, operator training shall include:
- The requirements of the revised Arizona rules.
- Procedures for use of minor and adult user-consent forms.
- Potential for photosensitizing foods, cosmetics and medications.
- Requirements for use of protective eyewear by users of the equipment.
- Proper sanitizing procedures for the facility, equipment and eyewear.
- Manufacturers' procedures for operation and maintenance of tanning equipment.
- Recognition of injury or overexposure.
- Procedures used in case of emergency.
This training requirement can be accomplished by participating in a certification program such as that offered by the National Tanning Training Institute.
North Carolina Considering Changes
A North Carolina bill is expected to increase restrictions on the use and operation of tanning facilities and equipment in that state.
Introduced unexpectedly March 31 by Republican state Sen. James Forrester, Senate Bill 657 would add stricter guidelines for tanning age limits as well as force salons to abide by manufacturer recommendations to the letter.
If passed, the new regulations would take effect Oct. 1.
One portion of the proposed bill would require that salon staff follow all recommendations listed on manufacturers' printed labels. Those recommendations include session times as well as tanning frequency. For example, if the printed label suggests a 3-minute session on the customer's first, second or third visit, that is what the salon would be required to follow. Additionally, if a manufacturer's printed label suggests tanning every 72 hours, that suggestion would be mandatory with the bill's passage.
The biggest changes regarding tanning ages would affect those individuals younger than 13. The bill proposes the operator not allow a person younger than the age of 13 to use a tanning device unless the facility receives written permission from the person's physician allowing him or her to use the tanning device, and the person's parent or legal guardian remains at the tanning facility while he or she uses the tanning device.
Also, a person 13, 14, or 15 years of age must be accompanied by a parent or legal guardian who must remain at the tanning facility while the person uses the tanning device.
In addition, before any 16- or 17-year-old uses a tanning device for the first time, the teen must give the tanning facility operator a written informed consent statement signed and dated by his or her parent or legal guardian. The statement must acknowledge that the parent or legal guardian has read and understood the warnings given by the tanning facility, consented to the minor's use of the tanning device, and agreed that the minor will use protective eyewear.
North Carolina Tanning Program staff believe the bill could be passed and enacted as early as October. To obtain information on Bill 657, visit www.ncleg.net and enter S657 under "Bill Look-Up."
Florida Salons May Get Reprieve
A proposed bill in the Florida Legislature would give a fee reprieve to a majority of the state's 1,700 licensed tanning salons.
Last year, the Joint Administrations Office, Florida's legal advisory arm, directed the Florida Department of Health to conform its tanning-salon fee structure to existing Florida law. The tanning rules written in 1991 offer specific fees that should have been charged for each tanning device used commercially in Florida.
In order to adhere to the rule, the department was ordered to stop the current fee structure and implement a new fee schedule based on the 1991 tanning law. The result would have been a considerable fee increase for a majority of Florida salons.
Pending legislation referred to as the public health "Glitch Bill" would amend Chapter 381.89 of the Florida Statutes so salon owners would not have to worry about fee increases. It is expected the proposed bill would allow the Bureau of Facility Programs to charge a licensing fee of between $0 and $250 per device. This would allow the tanning program to continue with its existing fee structure, according to bureau staff.
Florida Department of Health staff credit Sarasota salon owner Jim Mendolera for leading the fight against the fee increase. Mendolera led a group of Florida salon owners joined together as the Florida Indoor Tanning Salon Organization. Funds raised by the group helped hire attorneys and fund legislative assistance in the state capitol.
For more information on the diverted tanning fee increase, contact the Florida Department of Health at (850) 245-4277.
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