Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.343 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Act--The
				  Tanning Facility Regulation Act (Act), codified as Health and Safety Code,
				  Chapter 145.
(2) Adulterated--Has
				  the meaning given in the Texas Food, Drug, and Cosmetic Act, Health and Safety
				  Code, §
										431.111,
				  as interpreted in the rules of the department and judicial decision.
(3) Authorized agent--An employee of the
				  department designated by the commissioner to enforce the Act.
(4) Change of ownership--The transfer of all
				  or part of the ownership in a tanning facility held by one person to another
				  person or persons; the removal, addition, or substitution of a person or
				  persons as a partner in a facility owned by a partnership; a corporate sale,
				  transfer, reorganization, or merger of the corporation which owns the facility
				  if sale, transfer, reorganization, or merger causes a change in the facility's
				  ownership; or if any other type of association, the removal, addition, or
				  substitution of a person or persons as a principal of such
				  association.
(5) Commissioner--The
				  Commissioner of the Department of State Health Services.
(6) Department--The Department of State
				  Health Services.
(7) Fitzpatrick
				  scale--A scale for classifying a skin type, based on the skin's reaction to the
				  first 10 to 45 minutes of sun exposure after the winter season.
Attached
					 Graphic
(8)
				  Health authority--A physician designated to administer state and local laws
				  relating to public health.
(9)
				  Misbranded--Has the meaning given in the Texas Food, Drug, and Cosmetic Act,
				  Health and Safety Code, §
										431.112,
				  as interpreted in the rules of the department and judicial decision.
(10) Operate--To own, manage, or control a
				  tanning facility, or to offer tanning services to the public.
(11) Operator--A tanning facility owner, or
				  an agent of a tanning facility owner, or a person who operates a tanning
				  facility.
(12) Person--An
				  individual, partnership, corporation, or association.
(13) Phototherapy device--A piece of
				  equipment that emits ultraviolet radiation and that is used by a health care
				  professional in the treatment of disease.
(14) Radiation--Ultraviolet
				  radiation.
(15) Radiation
				  machine--Any device capable of producing radiation.
(16) Reconditioning--Has the meaning given in
				  the Texas Food, Drug, Device, and Cosmetic Salvage Act, Health and Safety Code,
				  §
										432.003, as
				  interpreted in the rules of the department in §
										229.603 of
				  this title (relating to Definitions) and judicial decision.
(17) Tanning device--A device, as defined in
				  the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, §
										431.002, that emits
				  electromagnetic radiation with wavelengths in the air between 200 and 400
				  nanometers and that is used for tanning of human skin, including a sunlamp,
				  tanning booth, or tanning bed. A tanning device is also classified as a device,
				  as defined in the Federal Food, Drug and Cosmetic Act and the applicable Code
				  of Federal Regulations. The term also includes any accompanying equipment,
				  including protective eyewear, timers, and handrails.
(18) Tanning facility--A business that
				  provides persons access to or use of tanning devices.