Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 217.920-928,
387.010,
21
C.F.R. 1040.20
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
217.924 requires all indoor tanning
facilities to register with the local health department and pay a fee not to
exceed administrative costs of the program.
KRS
217.926 requires the Cabinet for Health and
Family Services to promulgate administrative regulations relating to the
registration and monitoring of tanning facilities. This administrative
regulation establishes the responsibilities of tanning facilities, the
procedures for their registration and monitoring, and the required registration
fee structure.
Section 1. Definitions.
(1) "Consent" means to give assent or
approval.
(2) "Guardian" is defined
by
KRS
387.010(3).
(3) "Minor" is defined by
KRS
387.010(1).
(4) "Parent" is defined by
KRS
387.010(7)
(5) "Protective eyewear" is defined by
21
C.F.R. 1040.20(6).
(6) "Registration" means the issuance of a
document by the local health department to a tanning facility authorizing the
person named in the document to engage in the business of operating a tanning
facility.
(7) "Tanning device" is
defined by
KRS
217.920(2).
(8) "Tanning facility" is defined by
KRS
217.920(3).
Section 2. Tanning Facilities Registration.
(1) A tanning facility shall register with
the local health department in accordance with
KRS
217.924(3) by submitting a
completed application form DFS-303, Application for Certification/Registration,
incorporated by reference in
902 KAR 45:065, and a
fee of seventy-five (75) dollars to the district or county health department at
the time of registration.
(2)
Registration shall be valid for one (1) calendar year and shall expire on
December 31st of each year.
Section
3. Use by Minors. Minors shall not use a tanning device except in
accordance with
KRS
217.922.
Section 4. Facility Responsibilities.
(1) A tanning facility shall give each
customer a written statement in accordance with
KRS
217.924(1) and
21
C.F.R. 1040.20.
(2) Each tanning facility shall maintain
written or electronic consent forms and records in accordance with
KRS
217.924(2); and
(3) Each tanning facility shall ensure
patrons use protective eyewear by:
(a)
Providing single use disposable eyewear; or
(b) Requiring patrons to provide their own
eyewear.
Section
5. Monitoring.
(1) The cabinet or
local health department shall conduct on-site monitoring of a tanning facility
upon:
(a) Initial facility registration;
or
(b) Receipt of a complaint
through the local health department.
(2) Each monitoring visit shall be recorded
using the DFS-400, Tanning Facility Registration/Monitoring (Rev. 2/19)
form.
Section 6.
Suspension of Registration.
(1) If a violation
is discovered, the local health department shall serve a registered facility
with a written notice by providing the DFS-400, Tanning Facility
Registration/Monitoring (Rev. 2/19) form, specifying the nature of the
violation and shall allow the facility thirty (30) days for corrective
action.
(2) Reinspection shall be
conducted no later than thirty (30) days following the issuance of the DFS-400.
If the violation is unresolved, the facility shall receive an additional thirty
(30) days to correct the violation.
(3) At the end of sixty (60) days, if the
violation has not been corrected, the registration of the tanning facility
shall be suspended. The notice of suspension shall be provided in accordance
with
902 KAR
1:400 Section 1.
(4) A facility whose registration has been
suspended may apply to the local health department for a
re-inspection.
Section 7.
Incorporation by Reference.
(1) "DFS-400,
Tanning Facility Registration/Monitor" (Rev. 2/19) is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Kentucky Department for Public Health, Division of Public Health Protection and
Safety, Food Safety Branch, 275 East Main Street, Frankfort, Kentucky, Monday
through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
217.924,
217.926
