CHAPTER 15.4. TANNING FACILITIES
IC 25-8-15.4
Chapter 15.4. Tanning Facilities
IC 25-8-15.4-1
Application of chapter
Sec. 1. This chapter does not apply to a medical treatment facilitythat uses ultraviolet radiation in the treatment of disease.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-2
"Committee" defined
Sec. 2. As used in this chapter, "committee" refers to the tanningfacility committee that may be established under section 21 of thischapter.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-3
"Tanning device" defined
Sec. 3. As used in this chapter, "tanning device" means equipmentthat meets the following conditions:
(1) Emits ultraviolet radiation with wavelengths in the airbetween two hundred (200) and four hundred (400) nanometers.
(2) Is used for tanning human skin.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-4
"Tanning facility" defined
Sec. 4. As used in this chapter, "tanning facility" means a facilitythat provides persons with access to a tanning device.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-5
Necessity for license
Sec. 5. A person may not operate a tanning facility and charge afee for the use of tanning devices unless the person has a license tooperate the tanning facility issued by the board under this chapter.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-6
License requirements
Sec. 6. To obtain a license to operate a tanning facility, a person:
(1) must submit an application to the board on a formprescribed by the board;
(2) must pay a fee established by the board under IC 25-1-8-2;and
(3) may be subject to an inspection of the facility by the board.
As added by P.L.142-1995, SEC.31. Amended by P.L.194-2005,SEC.51; P.L.177-2009, SEC.33.
IC 25-8-15.4-7 Contents of license application
Sec. 7. The form described under section 6(1) of this chapter mustcontain the following information:
(1) The name and location of the tanning facility.
(2) The name of the person that owns the tanning facility.
(3) Any other information required by the board.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-8
Separate licenses; transfer of license to new location
Sec. 8. (a) A person must obtain a separate license for eachtanning facility the person operates.
(b) If a person:
(1) has obtained a license to operate a tanning facility issuedunder this chapter; and
(2) changes the location of the tanning facility;
the board may transfer the license to the tanning facility at the newlocation.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-9
Expiration and renewal of licenses
Sec. 9. (a) A license issued under this chapter expires every fourthyear on a date established by the licensing agency under IC 25-1-6-4.
(b) The board shall renew a license issued under this chapter if theperson that operates the facility pays the fee for renewal establishedby the board under IC 25-1-8-2 on or before the date established bythe licensing agency.
(c) If the holder of a license does not renew the license on orbefore the renewal date established by the licensing agency, thelicense expires and becomes invalid without any action by the board.
As added by P.L.142-1995, SEC.31. Amended by P.L.105-2008,SEC.24.
IC 25-8-15.4-9.5
Reinstatement; requirements
Sec. 9.5. (a) The board may, upon application, reinstate a licenseunder this chapter that has been expired for not more than three (3)years if the person holding the license meets the requirements forreinstatement established under IC 25-1-8-6(c).
(b) If more than three (3) years have elapsed since the date alicense under this chapter expired, the individual holding the licensemay have the license reinstated by satisfying the requirements forreinstatement under IC 25-1-8-6(d).
As added by P.L.197-2007, SEC.44. Amended by P.L.105-2008,SEC.25.
IC 25-8-15.4-10
Display of license
Sec. 10. A person holding a tanning facility license issued under
this chapter shall display the license in a manner that is clearlyvisible to a person entering the tanning facility.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-11
Written statement
Sec. 11. Before a person uses a tanning device in a tanningfacility, the operator, owner, or employee of the operator or ownerof the tanning facility shall require the person to read and sign awritten statement approved by the board that contains the followinginformation:
(1) A person who uses a tanning device in this tanning facilitymust use protective eyewear.
(2) If the provided eye protection is not worn, use of a tanningdevice in this tanning facility may cause damage to the eyes.
(3) Overexposure to the ultraviolet radiation produced by atanning device in this tanning facility may cause burns.
(4) Exposure to the ultraviolet radiation produced by thetanning devices in this tanning facility may cause prematureaging of the skin and skin cancer.
(5) Abnormal skin sensitivity to ultraviolet radiation or burningmay be caused by certain foods, cosmetics, or medication,including the following:
(A) Tranquilizers.
(B) Diuretics.
(C) Antibiotics.
(D) High blood pressure medication.
(E) Birth control medication.
(F) Other photosensitizing agents as determined under rulesadopted by the board.
(6) A person who is taking a prescription drug or anover-the-counter drug should consult a physician or pharmacistbefore using a tanning device.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-12
Display of sign
Sec. 12. An operator of a tanning facility shall display a signapproved by the board in a manner that is clearly visible to a personusing the tanning devices in the tanning facility.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-13
Denial of risks
Sec. 13. An owner, operator, or employee of a tanning facilitymay not profess that using a tanning device is free from risk.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-14
Duties of operator Sec. 14. The operator of a tanning facility shall do the following:
(1) Have an employee present in the tanning facility duringbusiness hours who, as determined under rules adopted by theboard, is knowledgeable in the correct operation of the tanningdevices in the tanning facility and is able to assist persons in theproper use of the tanning devices.
(2) Provide each person using a tanning device with properlysanitized eyewear that protects the eyes from ultravioletradiation and allows adequate vision.
(3) Provide instructions to each person using a tanning deviceon how to maintain proper exposure distance as recommendedby the manufacturer of the tanning device.
(4) Limit each person using a tanning device to the maximumexposure time:
(A) established under rules of the board; or
(B) if the board has not adopted rules concerning exposuretime for the tanning device, recommended by themanufacturer of the tanning device.
(5) Not allow the temperature of a tanning facility to exceed onehundred (100) degrees Fahrenheit at any time.
(6) Provide and maintain:
(A) the tanning facility; and
(B) tanning devices in the tanning facility;
in a manner that meets sanitation and safety rules adopted bythe board.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-15
Presence of parent or guardian
Sec. 15. A person who is less than sixteen (16) years of age mustbe accompanied by a parent or guardian when using a tanning devicein a tanning facility.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-16
Signature of parent or guardian on written statement
Sec. 16. A person who is less than eighteen (18) years of age maynot use a tanning device in a tanning facility unless the parent orguardian of the person has also signed the written statement undersection 11 of this chapter in the presence of the operator of thetanning facility.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-17
Protective eyewear
Sec. 17. A person who uses a tanning device in a tanning facilitymust use protective eyewear.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-18 Reports to board
Sec. 18. (a) The operator of a tanning facility must report to theboard each known:
(1) injury; or
(2) complaint of an injury;
that results from the use of a tanning device in the tanning facility.
(b) The operator must do the following:
(1) Telephone a report under subsection (a) to the board notmore than forty-eight (48) hours after the injury or complaint ofan injury occurs.
(2) File a written report under subsection (a) with the board ona form provided by the board not later than seven (7) days afterthe injury or complaint of an injury occurs.
(c) The board shall send a copy of the report filed undersubsection (b)(2) to the following:
(1) The injured person or complaining person.
(2) The federal Food and Drug Administration.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-19
Inspections
Sec. 19. An authorized representative of the board may inspecteach tanning facility to determine compliance with this chapter andrules adopted under this chapter at any time during normal businesshours of a tanning facility.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-20
Denial, suspension, or revocation of license
Sec. 20. The board may deny, suspend, or revoke a license issuedunder this chapter if the person holding or requesting the licenseviolates this chapter or a rule adopted under this chapter.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-21
Tanning facility committee; members; appointment
Sec. 21. (a) The board may establish the tanning facilitycommittee.
(b) If the board establishes the committee under subsection (a),the committee consists of five (5) members appointed by thepresident of the board for terms of two (2) years. The committeemust include the following:
(1) One (1) member of the board.
(2) One (1) owner of a licensed tanning facility who is licensedas a cosmetologist under IC 25-8-4.
(3) One (1) owner of a licensed tanning facility who does nothold any other license under this article.
(4) One (1) physician or other licensed health care provider whoworks in the area of dermatology.
(5) One (1) individual who is not associated with a tanning
facility or a profession licensed under this article other than asa consumer.
(c) If the board establishes the committee under this section, thepresident of the board shall appoint one (1) of the committeemembers to serve as chairman of the committee.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-22
Committee; removal of member
Sec. 22. A member of the committee may be removed by theboard without cause.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-23
Rules
Sec. 23. (a) The committee may propose rules to the boardconcerning the following:
(1) The operation of tanning devices.
(2) The implementation of this chapter.
(b) The board may adopt rules under IC 4-22-2 that arerecommended by the committee.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-24
Schedule of civil penalties; order of compliance; imposition of civilpenalty
Sec. 24. (a) In addition to the other remedies provided in thischapter, the board shall adopt a schedule of civil penalties that maybe levied to enforce the provisions of the following:
(1) This chapter.
(2) The rules adopted under this chapter by the board.
(b) A penalty included in the schedule of civil penalties adoptedunder subsection (a) may not exceed one thousand dollars ($1,000)for each violation per day.
(c) The board may issue an order of compliance, impose a civilpenalty included in the schedule of civil penalties adopted undersubsection (a), or both, against a person who does any of thefollowing:
(1) Fails to comply with this chapter or a rule adopted underthis chapter.
(2) Interferes with or obstructs the board or the board'sauthorized representative in the performance of duties underthis chapter.
(d) An order of compliance may be issued under IC 4-21.5-3-6,IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed onlyin a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may beconsolidated with any other proceeding commenced to enforce thischapter or a rule adopted under this chapter.
As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-25
Violations; offenses
Sec. 25. (a) Except as otherwise provided, a person whorecklessly violates or fails to comply with this chapter commits aClass C misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.142-1995, SEC.31.