State of Texas Eliminates Licensing and Regulation of Seven Occupations/Businesses
A new state law, Senate Bill 202, was recently passed by the Texas Legislature. The new law becomes effective September 1, 2015. State law will no longer require a license issued by the Department of State Health Services (DSHS) for the following businesses and occupations:
- Rendering businesses
- Contact lens dispensers
- Tanning facilities
- Personal emergency response providers
- Bottled and vended water certificates of competency
On and after July 1, 2015, DSHS will not issue new licenses or renew expiring licenses for these programs.
To learn more about Senate Bill 202, please select http://www.capitol.state.tx.us/Home.aspx and enter SB202 in the search field.
DSHS will soon be notifying license holders and interested parties directly of this change in Texas law. If you have questions, please contact us via e-mail at email@example.com.
The role of the Texas Department of State Health Services Drugs and Medical Devices Group in regards to Tanning Facilities is to:
- Respond to consumer inquiries and provides technical assistance to tanning facility operators.
- Conduct periodic inspections of tanning facilities to determine compliance with state and federal regulations, including performance standards for tanning devices.
- Investigate consumer and trade complaints involving tanning facilities.
- Maintain and update state requirements affecting tanning facilities and disseminates these requirements to the tanning facility operators.
- Distribute consumer warning signs that are required to be posted in tanning facilities.
A sample Tanning Injury Form can be found at the Tanning Guidance Documents
Tanning Facility Updates
Important Notice for Tanning Facilities
Rules for Licensure of Tanning Facilities
Title 25. Health Services
Part 1. Department of State Health Services
Chapter 229. Food and Drug
Subchapter T. Licensure of Tanning Facilities
Amendments §229.353 and §229.354
Effective December 14, 2014, the Executive Commissioner of the Health and Human Services Commission (commission), on behalf of the Department of State Health Services (department), adopted amendments to §229.353 and §229.354, concerning the licensure of tanning facilities without changes to the proposed text as published in the June 13, 2014, issue of the Texas Register (39 TexReg 4612). The amendments implement provisions of Senate Bill (SB) 329, 83rd Legislature, Regular Session, 2013, by increasing the minimum age at which a person may use a tanning device from 16.5 years of age to 18 years of age; removing the requirement for parental consent for a minor to use a tanning device; and prohibiting a tanning facility from allowing a person younger than 18 years of age to use a tanning device. Finally, the rule revisions update and conform the rules to the provisions in Health and Safety Code, §145.008, as amended by SB 329. The amendment to §229.353(b) corrects the reference to the Act. The amendment to §229.353(f) deletes the age of “16.5” and adds the age of “18” to reflect the age stipulation change necessary to conform the section to the statutory provisions in SB 329 for tanning device usage. Section 229.353(g) is deleted in its entirety to reflect the changes necessary to conform the section to the statutory provisions in SB 329. A subsequent subsection is renumbered as a result of this deletion. Section 229.353(h), renumbered as (g), is amended to delete the term “younger than 18 years of age” and change the age from “16.5” to “18” to reflect the changes necessary to conform the section to the statutory provisions in SB 329. An amendment to §229.354(b)(1) deletes the term “who is 18 years of age or older” to reflect the changes necessary to conform the section to the statutory provisions in SB 329. Section 229.354(b)(2) is deleted in its entirety to reflect the changes necessary to conform the section to the statutory provisions in SB 329. Section 229.354(b)(3), renumbered as (2), is amended to delete the age of “16.5” and replace it with “18” to reflect the changes necessary to conform the section to the statutory provisions in SB 329. Section 229.354(b)(4), renumbered as (3), is amended to clarify the requirements for an operator to read the warning statement for persons who are visually impaired or who cannot read the statement. Section 229.354(f) is amended to reflect the language in the statute concerning the access to records. The department, on behalf of the commission, received comments regarding the proposed rules during the comment period from the American Academy of Dermatology Association. These comments were generally in support of the proposed rules.
The amendments are authorized by Health and Safety Code, §145.011, which provides the department with authority to adopt rules to enforce the Tanning Facility Regulation Act; and Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration and enforcement of the Health and Safety Code, Chapter 1001.
Legend: (Final Amendments - No additional changes from proposed version)
Regular Print = Final language incorporating all proposed changes for final adoption
(No change) = No changes are being considered for the designated subdivision
(a) (No change.)
(b) Each operator must be sufficiently trained and knowledgeable in the correct operation of the tanning devices used at the facility to adequately inform and assist each customer in the proper use of the tanning devices. A record of all training received by each operator shall be kept at the tanning facility where the operator is employed. The record shall be signed by the operator and the owner or owner's designee. The operator must be able to demonstrate such knowledge concerning the:
(1) requirements of this subchapter and the Act;
(2) – (7) (No change.)
(c) – (e) (No change.)
(f) No operator may permit any person under 18 years of age to use a tanning device.
(g) No operator may permit any person to use a tanning device for the first time unless the person has displayed a driver’s license or other form of identification containing the person’s photograph and date of birth verifying that the person is 18 years of age or older.
(a) (No change.)
(b) Signed warning statement.
(1) Each time a customer uses a tanning facility's tanning device for the first time and each time a person executes or renews a contract to use a tanning facility, the person shall provide photo identification and shall sign and date a written statement acknowledging that the person has read and understood the required warnings in §229.350 of this title (relating to Warning Signs) and subsection (a) of this section before using the device and agrees to use protective eyewear.
(2) A tanning facility may not allow a person under the age of 18 years to use a tanning device.
(3) When a person is visually impaired or cannot read the warning statement, the operator shall read the warning statement in the presence of a witness. The operator and the witness shall sign and date the statement.
(c) – (e) (No change.)
(f) Access to records. A person who is required to maintain records under this subchapter or a person who is in charge of the custody of those records shall, at the request of an authorized agent or health authority, permit the authorized agent or the health authority access to copy or verify the records at reasonable times.
(g) – (i) (No change.)
FDA to Require Warnings on Sunlamp Products – May 29, 2014
On May 29, 2014, the U.S. Food and Drug Administration (FDA) issued a final order reclassifying sunlamp products and ultraviolet (UV) lamps intended for use in sunlamp products from low-risk (class I) to moderate-risk (class II) devices. The order also requires that sunlamp products carry a visible black-box warning on the device that explicitly states that the sunlamp product should not be used on persons under the age of 18 years. Manufacturers will now have to submit a premarket notification (also called a “510(k)”) to the FDA – and obtain FDA clearance – prior to marketing these devices, which until now were exempt from premarket review. Manufacturers also will now have to show that their products meet certain performance testing requirements and address certain product design characteristics, and will have to include certain warnings and contraindications on sunlamp products and in certain marketing materials for sunlamp products and UV lamps that present consumers with clear information on the risks of use. In addition to a warning placed on the sunlamp product advising that the product not be used on children under 18, certain marketing materials promoting sunlamp products and UV lamps must carry additional warnings and contraindications, including “Persons repeatedly exposed to UV radiation should be regularly evaluated for skin cancer.”
Click on the link below for the complete FDA Press Release issued May 29, 2014:
IMPORTANT NOTICE: Effective September 1, 2013, Tanning Facilities May No Longer Allow Minors to Use a Tanning Device.
As a result of recent legislation passed by the 83rd Texas Legislature, tanning facilities may no longer allow any person younger than 18 years of age to use a tanning device on or after September 1, 2013. The Department of State Health Services will be responsible for enforcement of the new provision and for updating the current Rules for Licensure of Tanning Facilities to reflect this change in the law.
Texas Health and Safety Code, Chapter 145 (Tanning Facility Regulation Act), was amended by Senate Bill 329, relating to a prohibition on the use of a tanning facility by a minor, during the 2013 Regular Session. As amended, Section 145.008(f), Health and Safety Code, specifically prohibits a person younger than 18 years of age from using a tanning device at a tanning facility. On September 1, 2013, every tanning facility must be in compliance with this new legislative requirement. Please be aware that there are no exceptions or grandfathering provisions that apply to the amendment.
Tanning facilities who have allowed minors to tan at their facilities prior to September 1, 2013, must continue to maintain the customer records and informed consent records for those individuals as required under Subsections (g) and (i), Section 145.008, Health and Safety Code, until the third anniversary of the date of the customer’s last use of a tanning device.
The change in law made by this new legislation applies only to an offense committed on or after September 1, 2013, the effective date of the amendment. If you have any questions concerning this new legislative requirement, please contact Mr. Jeff Mansell, Compliance Officer, at (512) 834-6755 or by e-mail at: Jeff.Mansell@dshs.state.tx.us.
Letter to the Indoor Tanning Association on Red Lamps for Skin Rejuvenation Being Installed in Tanning Beds/Booths
NOTICE: Use of Red Light Therapy Lamps in Tanning Devices, June 29, 2011
The Texas Department of State Health Services (Department) has become aware that some tanning facilities have attempted to modify their tanning devices by replacing the ultraviolet tanning lamps with “red light therapy lamps” or “collagen lamps” in order to change the intended use of these devices. In some instances, labels on tanning devices (e.g., the exposure schedule label and recommended lamp type label) have been removed and replaced with red light therapy labels. Various types of unapproved promotional claims have been observed for red light therapy lamps used in tanning devices, including claims associated with collagen production, increased blood circulation, reduction of fine lines and wrinkles and photobiostimulation of the body.
Red light therapy lamps may not be used in tanning devices. Existing labels on tanning devices should not be removed and ultraviolet lamps may only be replaced with the type intended for use in that device as specified on the label by the tanning device manufacturer, or with ultraviolet lamps that are equivalent under the United States Food and Drug Administration (FDA) regulations and policies. Red light therapy lamps are not believed to emit light in the same wavelength as ultraviolet tanning lamps, are not intended to tan the skin and are not known to be equivalent to any legally marketed ultraviolet tanning lamp. In addition, tanning facilities may not claim or distribute promotional materials that claim that use of tanning devices will result in medical or health benefits.
Tanning facilities that have installed red light therapy lamps in their tanning devices should immediately cease using these devices until the red light therapy lamps have been replaced with ultraviolet lamps recommended by the tanning device manufacturer. Any original labels that have been removed from the tanning device should be reaffixed before use. For guidance on replacing ultraviolet lamps and labels associated with your tanning device, we recommend you consult the tanning device user instruction manual or contact the tanning device manufacturer.
The Department has taken steps to issue warnings to lamp manufacturers believed to be promoting red light therapy lamps for use in tanning devices. Use of such lamps in tanning devices is considered a violation under the Texas Health and Safety Code, Chapter 145 (Tanning Facility Regulation Act); 25 Texas Administrative Code, §§229.341 – 229.357, Rules for Licensure of Tanning Facilities; and Texas Health and Safety Code, Chapter 431, (Texas Food, Drug, and Cosmetic Act).
If you have any questions concerning red light therapy lamps, you may contact Mr. Jeff Mansell, Compliance Officer, at (512) 834-6755 or by e-mail at: Jeff.Mansell@dshs.state.tx.us.
FDA Warns of Possible Dangers from Portable Foot-Tanning Device
Incorrect exposure information could lead to overdose of ultraviolet radiation
Click on the link below for the complete FDA Press Release issued August 24, 2010:
The Patient Protection and Affordable Care Act (H.R. 3590), imposes a 10% tax on amounts paid for indoor tanning services. Similar to a sales tax, the person who performs the tanning service collects the tax from the person tanning when payment for the tanning services is made. If the person receiving the indoor tanning service does not pay the tax when the service is received, the person performing the procedure pays the tax. The person collecting the tax remits payment of the tax quarterly with Form 720. This provision applies to services performed on or after July 1, 2010. For more information, please visit the Indoor Tanning Services Tax Center.