Or. Admin. Code § 333-119-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-119-0010 - Definitions

(1) "Authority" means the Oregon Health Authority.

(2) "Customer" means any member of the public who is provided access to a tanning device in exchange for a fee or other compensation, or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning device as a condition or benefit of membership or access.

(3) "Employee" means any individual, including a minor whether lawfully or unlawfully employed, who engages to furnish services for remuneration, financial or otherwise, subject to the direction and control of an employer and includes any individual who is required to have workers' compensation coverage.

(4) "EPA" means the U.S. Environmental Protection Agency.

(5) "FDA" means the U.S. Food and Drug Administration.

(6) "Fitzpatrick Skin Type Scale" means a numerical classification diagram used as a way to classify the response of different types of skin to ultraviolet (UV) light.

(7) "Formal Training" means a course of instruction reviewed and approved by the Authority and which is conducted or presented under formal classroom conditions or online by a qualified expert possessing adequate knowledge and experience to offer a curriculum, associated training, and certification testing pertaining to and associated with the correct use of tanning equipment. Operator training shall cover ultraviolet radiation and effects on the skin, photosensitivity, FDA and State of Oregon regulations, eye protection, and equipment maintenance.

(8) "Handrails" means a suitable physical aid that will help to maintain proper exposure distance.

(9) "Identification" means:

(a) A government-issued photo identification that displays the individual's date of birth; or

(b) A government or non-government issued photo identification when submitted with a completed Oregon Underage Tanning Medical Recommendation form.

(10) "Individual" means any human being.

(11) "Minor" means any individual under the age of 18 years old.

(12) "Operator" means the person who is an employee (defined by the Oregon Occupational Safety and Health Division, OAR 437-003-0011(2)) or contractor of the tanning facility who has received a certificate from an approved formal training course and who is responsible for any of the following:

(a) Determining customer's skin type;

(b) Determining the suitability for use of a tanning device;

(c) Providing information regarding the dangers of ultraviolet radiation exposure including photoallergic reactions and photosensitizing agents;

(d) Assuring that all required forms are understood and properly signed by the customer;

(e) Maintaining required exposure records;

(f) Recognizing and reporting injuries or alleged injuries to the registrant;

(g) Determining the customer's exposure schedule;

(h) Setting timers which control the duration of exposure;

(i) Instructing the customer in the proper use of protective eyewear;

(j) Verifying and documenting age of clients; and

(k) Sanitizing tanning devices.

(13) "Other Compensation" means the payment or exchange of goods, services or anything of value for use of the tanning device or devices.

(14) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of these entities.

(15) "Phototherapy Device" means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease or illness.

(16) "Program" means the Radiation Protection Services section of the Public Health Division.

(17) "Protective Eyewear" means suitable eyewear that protects the eye from ultraviolet radiation and allows adequate vision.

(18) "Public Places" means the area where members of the public may assemble and are not directly affected by tanning operations.

(19) "Recommendation" means a written directive using a form provided by the Authority and signed by a licensed physician.

(20) "Registrant" means a tanning facility registered with the Authority as required by provisions of this division.

(21) "Registration" means registration with the Authority in accordance with provisions of this division.

(22) "Remote" means a timer that is placed away from the tanning device so it can only be programmed by the tanning operator.

(23) "Safe Level" means not more than 50 colonies of microorganisms per four square inches of equipment surface.

(24) "Sanitize" means the effective bactericidal treatment of surfaces of equipment and devices by an EPA or FDA registered product that provides a sufficient concentration of chemicals, and enough time to reduce the bacterial count, including pathogens, to a safe level.

(25) Skin Types:

(a) "Type 1" means skin burns easily and severely (painful burn); tans little or none and peels.

(b) "Type 2" means skin burns easily and severely (painful burn); tans minimally or lightly and also peels.

(c) "Type 3" means skin burns moderately and tans about average.

(d) "Type 4" means skin burns minimally, tans easily and above average with each exposure; exhibits immediate pigment darkening reaction.

(e) "Type 5" means skin rarely burns, tans easily and substantial; always exhibits immediate pigment darkening reaction

(26) "Storage" means when a tanning device is not actively being used, as evidenced by the removal of all tanning lamps and lack of connection to a power supply.

(27) "Tanning Device" means any equipment used for tanning of the skin, that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers including, but not limited to, a sunlamp, Ultraviolet Lamp, tanning booth, facial unit, UVA wand, or tanning bed. "Tanning device" also means any accompanying equipment, including, but not limited to, protective eyewear, timers, ballasts, starters, lamps, reflectors, cooling fans, acrylics, comfort pillows and handrails.

(28) "Tanning Facility" means any location, place, area, structure, or business that provides persons access to any tanning device.

(29) "Timer" means an electronic device designed specifically to terminate tanning sessions at a preset time interval.

(30) "Ultraviolet Radiation" means radiation that has a wavelength between two hundred nanometers and four hundred nanometers.

Or. Admin. Code § 333-119-0010

HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 14-2008, f. & cert. ef. 9-15-08; PH 4-2010, f. & cert. ef. 2-16-10; PH 20-2010, f. & cert. ef. 9-1-10; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 10-2011, f. 9-30-11, cert. ef. 10-1-11; PH 14-2013, f. 12-26-13, cert. ef. 1-1-14; PH 32-2014, f. 12-22-14, cert. ef. 1/1/2015

Stat. Auth.: ORS 431.925 - 431.955

Stats. Implemented: ORS 431.925 - 431.955