Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 123.000 - Tanning Facilities › Section 123.003 - Operation of Tanning Facilities

Current through Register 1525, July 5, 2024
Unless otherwise ordered or approved by the Board or
				Department, each tanning facility shall be constructed, operated, and
				maintained to meet the following minimum requirements:
(A)
Operator
			 Responsibilities
.
(1) An
			 operator shall ensure that no customer younger than 18 years old uses a tanning
			 device at the tanning facility.
(2)
			 No tanning facility shall employ as an operator a person younger than 18 years
			 old or permit any other employee of the tanning facility who is younger than 18
			 years old to operate a tanning device.
(3) A trained operator meeting the
			 requirements of 105 CMR 123.003(A)(4) must be present at a tanning facility at
			 all times during operating hours.
(4) Each operator must be trained and
			 sufficiently knowledgeable in the correct operation of tanning devices used at
			 a facility. That knowledge shall include:
(a)
			 the requirements of
			 105 CMR
			 123.000 and
			 21
			 CFR 1040.20, as amended;
(b) skin type determination and the proper
			 use of the manufacturer's Recommended Exposure Schedule;
(c) photosensitizing agents such as: foods,
			 cosmetics, and medications that may produce an abnormal or increased skin
			 sensitivity;
(d) recognition of
			 injuries from overexposure to ultraviolet radiation;
(e) effects of ultraviolet radiation, acute
			 and chronic exposure, biological effects, and health risks;
(f) electromagnetic spectrum with emphasis on
			 the photobiology and physics within the 200-400 nanometer range;
(g) use of protective eyewear;
(h) emergency procedures in case of
			 injury;
(i) manufacturer's
			 procedures for the correct operation and maintenance of the tanning device.
(5) A list of the
			 facility's operators who have been trained in accordance with 105 CMR
			 123.003(A)(4) shall be maintained at the facility and be made available at the
			 facility to Board or Department inspectors upon request.
(6) An operator shall determine tanning
			 session duration for each customer based on a skin type determination and
			 previous tanning device exposure in order to gradually increase exposure. An
			 operator shall not exceed the exposure times listed in the manufacturer's
			 recommended exposure schedule. At no time shall an operator permit a tanning
			 session to exceed the maximum exposure time established by the manufacturer for
			 a particular tanning device.
(7) An
			 operator shall, upon request by a tanning device user or prospective user, with
			 respect to any tanning device that the operator operates, provide a copy of the
			 tanning device user manual or the name and address of the manufacturer or
			 distributor from whom a user manual may be obtained.
(8) A tanning facility shall give each
			 prospective user of a tanning device a written warning statement on a form
			 provided by the Department, which contains the warning language specified in
			 105 CMR 123.003(B)(1)(f). Prior to tanning, each prospective user must sign the
			 warning statement acknowledging he or she understands such warning, unless the
			 prospective user has previously signed the warning statement in the preceding
			 six months. The warning statement shall then be signed by the operator and,
			 whenever possible, by a witness who can verify that the warning information was
			 provided.