IC 25-8-15.4-1 Application of chapter
Sec. 1. This chapter does not apply to a medical treatment facility
that 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 tanning
facility committee that may be established under section 21 of this
chapter. 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 equipment
that meets the following conditions:
(1) Emits ultraviolet radiation with wavelengths in the air
between 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 facility
that 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 a
fee for the use of tanning devices unless the person has a license to
operate 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 form
prescribed 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 must
contain 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 each
tanning facility the person operates.
(b) If a person:
(1) has obtained a license to operate a tanning facility issued
under this chapter; and
(2) changes the location of the tanning facility;
the board may transfer the license to the tanning facility at the new
location. 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 fourth
year 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 the
person that operates the facility pays the fee for renewal established
by the board under IC 25-1-8-2 on or before the date established by
the licensing agency.
(c) If the holder of a license does not renew the license on or
before the renewal date established by the licensing agency, the
license 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 license
under this chapter that has been expired for not more than three (3)
years if the person holding the license meets the requirements for
reinstatement established under IC 25-1-8-6(c).
(b) If more than three (3) years have elapsed since the date a
license under this chapter expired, the individual holding the license
may have the license reinstated by satisfying the requirements for
reinstatement 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 clearly
visible 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 tanning
facility, the operator, owner, or employee of the operator or owner
of the tanning facility shall require the person to read and sign a
written statement approved by the board that contains the following
information:
(1) A person who uses a tanning device in this tanning facility
must use protective eyewear.
(2) If the provided eye protection is not worn, use of a tanning
device in this tanning facility may cause damage to the eyes.
(3) Overexposure to the ultraviolet radiation produced by a
tanning device in this tanning facility may cause burns.
(4) Exposure to the ultraviolet radiation produced by the
tanning devices in this tanning facility may cause premature
aging of the skin and skin cancer.
(5) Abnormal skin sensitivity to ultraviolet radiation or burning
may 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 rules
adopted by the board.
(6) A person who is taking a prescription drug or an
over-the-counter drug should consult a physician or pharmacist
before 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 sign
approved by the board in a manner that is clearly visible to a person
using 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 facility
may 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 during
business hours who, as determined under rules adopted by the
board, is knowledgeable in the correct operation of the tanning
devices in the tanning facility and is able to assist persons in the
proper use of the tanning devices.
(2) Provide each person using a tanning device with properly
sanitized eyewear that protects the eyes from ultraviolet
radiation and allows adequate vision.
(3) Provide instructions to each person using a tanning device
on how to maintain proper exposure distance as recommended
by the manufacturer of the tanning device.
(4) Limit each person using a tanning device to the maximum
exposure time:
(A) established under rules of the board; or
(B) if the board has not adopted rules concerning exposure
time for the tanning device, recommended by the
manufacturer of the tanning device.
(5) Not allow the temperature of a tanning facility to exceed one
hundred (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 by
the 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 must
be accompanied by a parent or guardian when using a tanning device
in 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 may
not use a tanning device in a tanning facility unless the parent or
guardian of the person has also signed the written statement under
section 11 of this chapter in the presence of the operator of the
tanning 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 facility
must 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 the
board 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 not
more than forty-eight (48) hours after the injury or complaint of
an injury occurs.
(2) File a written report under subsection (a) with the board on
a form provided by the board not later than seven (7) days after
the injury or complaint of an injury occurs.
(c) The board shall send a copy of the report filed under
subsection (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 inspect
each tanning facility to determine compliance with this chapter and
rules adopted under this chapter at any time during normal business
hours 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 issued
under this chapter if the person holding or requesting the license
violates 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 facility
committee.
(b) If the board establishes the committee under subsection (a),
the committee consists of five (5) members appointed by the
president of the board for terms of two (2) years. The committee
must include the following:
(1) One (1) member of the board.
(2) One (1) owner of a licensed tanning facility who is licensed
as a cosmetologist under IC 25-8-4.
(3) One (1) owner of a licensed tanning facility who does not
hold any other license under this article.
(4) One (1) physician or other licensed health care provider who
works 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 as
a consumer.
(c) If the board establishes the committee under this section, the
president of the board shall appoint one (1) of the committee
members 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 the
board 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 board
concerning 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 are
recommended 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 civil
penalty
Sec. 24. (a) In addition to the other remedies provided in this
chapter, the board shall adopt a schedule of civil penalties that may
be 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 adopted
under 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 civil
penalty included in the schedule of civil penalties adopted under
subsection (a), or both, against a person who does any of the
following:
(1) Fails to comply with this chapter or a rule adopted under
this chapter.
(2) Interferes with or obstructs the board or the board's
authorized representative in the performance of duties under
this 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 only
in a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may be
consolidated with any other proceeding commenced to enforce this
chapter 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 who
recklessly violates or fails to comply with this chapter commits a
Class C misdemeanor.
(b) Each day a violation continues constitutes a separate offense. As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-1 Application of chapter
Sec. 1. This chapter does not apply to a medical treatment facility
that 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 tanning
facility committee that may be established under section 21 of this
chapter. 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 equipment
that meets the following conditions:
(1) Emits ultraviolet radiation with wavelengths in the air
between 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 facility
that 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 a
fee for the use of tanning devices unless the person has a license to
operate 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 form
prescribed 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 must
contain 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 each
tanning facility the person operates.
(b) If a person:
(1) has obtained a license to operate a tanning facility issued
under this chapter; and
(2) changes the location of the tanning facility;
the board may transfer the license to the tanning facility at the new
location. 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 fourth
year 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 the
person that operates the facility pays the fee for renewal established
by the board under IC 25-1-8-2 on or before the date established by
the licensing agency.
(c) If the holder of a license does not renew the license on or
before the renewal date established by the licensing agency, the
license 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 license
under this chapter that has been expired for not more than three (3)
years if the person holding the license meets the requirements for
reinstatement established under IC 25-1-8-6(c).
(b) If more than three (3) years have elapsed since the date a
license under this chapter expired, the individual holding the license
may have the license reinstated by satisfying the requirements for
reinstatement 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 clearly
visible 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 tanning
facility, the operator, owner, or employee of the operator or owner
of the tanning facility shall require the person to read and sign a
written statement approved by the board that contains the following
information:
(1) A person who uses a tanning device in this tanning facility
must use protective eyewear.
(2) If the provided eye protection is not worn, use of a tanning
device in this tanning facility may cause damage to the eyes.
(3) Overexposure to the ultraviolet radiation produced by a
tanning device in this tanning facility may cause burns.
(4) Exposure to the ultraviolet radiation produced by the
tanning devices in this tanning facility may cause premature
aging of the skin and skin cancer.
(5) Abnormal skin sensitivity to ultraviolet radiation or burning
may 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 rules
adopted by the board.
(6) A person who is taking a prescription drug or an
over-the-counter drug should consult a physician or pharmacist
before 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 sign
approved by the board in a manner that is clearly visible to a person
using 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 facility
may 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 during
business hours who, as determined under rules adopted by the
board, is knowledgeable in the correct operation of the tanning
devices in the tanning facility and is able to assist persons in the
proper use of the tanning devices.
(2) Provide each person using a tanning device with properly
sanitized eyewear that protects the eyes from ultraviolet
radiation and allows adequate vision.
(3) Provide instructions to each person using a tanning device
on how to maintain proper exposure distance as recommended
by the manufacturer of the tanning device.
(4) Limit each person using a tanning device to the maximum
exposure time:
(A) established under rules of the board; or
(B) if the board has not adopted rules concerning exposure
time for the tanning device, recommended by the
manufacturer of the tanning device.
(5) Not allow the temperature of a tanning facility to exceed one
hundred (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 by
the 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 must
be accompanied by a parent or guardian when using a tanning device
in 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 may
not use a tanning device in a tanning facility unless the parent or
guardian of the person has also signed the written statement under
section 11 of this chapter in the presence of the operator of the
tanning 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 facility
must 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 the
board 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 not
more than forty-eight (48) hours after the injury or complaint of
an injury occurs.
(2) File a written report under subsection (a) with the board on
a form provided by the board not later than seven (7) days after
the injury or complaint of an injury occurs.
(c) The board shall send a copy of the report filed under
subsection (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 inspect
each tanning facility to determine compliance with this chapter and
rules adopted under this chapter at any time during normal business
hours 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 issued
under this chapter if the person holding or requesting the license
violates 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 facility
committee.
(b) If the board establishes the committee under subsection (a),
the committee consists of five (5) members appointed by the
president of the board for terms of two (2) years. The committee
must include the following:
(1) One (1) member of the board.
(2) One (1) owner of a licensed tanning facility who is licensed
as a cosmetologist under IC 25-8-4.
(3) One (1) owner of a licensed tanning facility who does not
hold any other license under this article.
(4) One (1) physician or other licensed health care provider who
works 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 as
a consumer.
(c) If the board establishes the committee under this section, the
president of the board shall appoint one (1) of the committee
members 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 the
board 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 board
concerning 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 are
recommended 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 civil
penalty
Sec. 24. (a) In addition to the other remedies provided in this
chapter, the board shall adopt a schedule of civil penalties that may
be 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 adopted
under 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 civil
penalty included in the schedule of civil penalties adopted under
subsection (a), or both, against a person who does any of the
following:
(1) Fails to comply with this chapter or a rule adopted under
this chapter.
(2) Interferes with or obstructs the board or the board's
authorized representative in the performance of duties under
this 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 only
in a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may be
consolidated with any other proceeding commenced to enforce this
chapter 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 who
recklessly violates or fails to comply with this chapter commits a
Class C misdemeanor.
(b) Each day a violation continues constitutes a separate offense. As added by P.L.142-1995, SEC.31.
IC 25-8-15.4-1 Application of chapter
Sec. 1. This chapter does not apply to a medical treatment facility
that 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 tanning
facility committee that may be established under section 21 of this
chapter. 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 equipment
that meets the following conditions:
(1) Emits ultraviolet radiation with wavelengths in the air
between 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 facility
that 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 a
fee for the use of tanning devices unless the person has a license to
operate 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 form
prescribed 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 must
contain 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 each
tanning facility the person operates.
(b) If a person:
(1) has obtained a license to operate a tanning facility issued
under this chapter; and
(2) changes the location of the tanning facility;
the board may transfer the license to the tanning facility at the new
location. 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 fourth
year 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 the
person that operates the facility pays the fee for renewal established
by the board under IC 25-1-8-2 on or before the date established by
the licensing agency.
(c) If the holder of a license does not renew the license on or
before the renewal date established by the licensing agency, the
license 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 license
under this chapter that has been expired for not more than three (3)
years if the person holding the license meets the requirements for
reinstatement established under IC 25-1-8-6(c).
(b) If more than three (3) years have elapsed since the date a
license under this chapter expired, the individual holding the license
may have the license reinstated by satisfying the requirements for
reinstatement 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 clearly
visible 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 tanning
facility, the operator, owner, or employee of the operator or owner
of the tanning facility shall require the person to read and sign a
written statement approved by the board that contains the following
information:
(1) A person who uses a tanning device in this tanning facility
must use protective eyewear.
(2) If the provided eye protection is not worn, use of a tanning
device in this tanning facility may cause damage to the eyes.
(3) Overexposure to the ultraviolet radiation produced by a
tanning device in this tanning facility may cause burns.
(4) Exposure to the ultraviolet radiation produced by the
tanning devices in this tanning facility may cause premature
aging of the skin and skin cancer.
(5) Abnormal skin sensitivity to ultraviolet radiation or burning
may 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 rules
adopted by the board.
(6) A person who is taking a prescription drug or an
over-the-counter drug should consult a physician or pharmacist
before 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 sign
approved by the board in a manner that is clearly visible to a person
using 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 facility
may 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 during
business hours who, as determined under rules adopted by the
board, is knowledgeable in the correct operation of the tanning
devices in the tanning facility and is able to assist persons in the
proper use of the tanning devices.
(2) Provide each person using a tanning device with properly
sanitized eyewear that protects the eyes from ultraviolet
radiation and allows adequate vision.
(3) Provide instructions to each person using a tanning device
on how to maintain proper exposure distance as recommended
by the manufacturer of the tanning device.
(4) Limit each person using a tanning device to the maximum
exposure time:
(A) established under rules of the board; or
(B) if the board has not adopted rules concerning exposure
time for the tanning device, recommended by the
manufacturer of the tanning device.
(5) Not allow the temperature of a tanning facility to exceed one
hundred (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 by
the 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 must
be accompanied by a parent or guardian when using a tanning device
in 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 may
not use a tanning device in a tanning facility unless the parent or
guardian of the person has also signed the written statement under
section 11 of this chapter in the presence of the operator of the
tanning 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 facility
must 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 the
board 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 not
more than forty-eight (48) hours after the injury or complaint of
an injury occurs.
(2) File a written report under subsection (a) with the board on
a form provided by the board not later than seven (7) days after
the injury or complaint of an injury occurs.
(c) The board shall send a copy of the report filed under
subsection (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 inspect
each tanning facility to determine compliance with this chapter and
rules adopted under this chapter at any time during normal business
hours 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 issued
under this chapter if the person holding or requesting the license
violates 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 facility
committee.
(b) If the board establishes the committee under subsection (a),
the committee consists of five (5) members appointed by the
president of the board for terms of two (2) years. The committee
must include the following:
(1) One (1) member of the board.
(2) One (1) owner of a licensed tanning facility who is licensed
as a cosmetologist under IC 25-8-4.
(3) One (1) owner of a licensed tanning facility who does not
hold any other license under this article.
(4) One (1) physician or other licensed health care provider who
works 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 as
a consumer.
(c) If the board establishes the committee under this section, the
president of the board shall appoint one (1) of the committee
members 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 the
board 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 board
concerning 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 are
recommended 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 civil
penalty
Sec. 24. (a) In addition to the other remedies provided in this
chapter, the board shall adopt a schedule of civil penalties that may
be 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 adopted
under 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 civil
penalty included in the schedule of civil penalties adopted under
subsection (a), or both, against a person who does any of the
following:
(1) Fails to comply with this chapter or a rule adopted under
this chapter.
(2) Interferes with or obstructs the board or the board's
authorized representative in the performance of duties under
this 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 only
in a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may be
consolidated with any other proceeding commenced to enforce this
chapter 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 who
recklessly violates or fails to comply with this chapter commits a
Class C misdemeanor.
(b) Each day a violation continues constitutes a separate offense. As added by P.L.142-1995, SEC.31.
