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
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:
http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm223860.htm
Tax Information
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.
IRS Publications:
Updated 06/16/2010Rules Regarding Minors and Tanning Devices
The 81st Texas Legislature passed legislation in House Bill 1310 that relates to the use of a tanning device by a minor. The Department of State Health Services will be charged with implementing changes to the tanning facility rules required by this legislation.
The legislation prohibits a person younger than 16.5 years of age from using a tanning device. It also does not allow a person younger than 18 years of age to use a tanning device unless the person’s parent or legal guardian consents in writing (PDF or Excel 73KB) -- in person at the facility -- that the person may use the tanning device. The person and the parent or legal guardian must sign and date that they have read and understand the advisory statement on indoor and outdoor tanning issued by the Texas Medical Board and agree that the minor will use protective eyewear at all times while using the tanning device.
As of January 1, 2010, every tanning facility must be in compliance with these new legislative requirements.
Visit this page often for updates on guidance documents and draft rules about the tanning facility program.