64E-17.004. Operation and Training

(1) Each tanning facility shall have an operator who possesses a certificate of formal training, as defined in Rule 64E-17.001, F.A.C. Formal training courses for operators must meet the requirements of subsection 64E-17.001(3), F.A.C. When formal training courses are not available within a sixty-mile radius of a tanning facility in the time frame specified in subsection 64E-17.004(4), F.A.C., then the operator of that facility may substitute the successful completion of a correspondence training course. Correspondence courses must meet the subject matter requirements of subsection 64E-17.001(3), F.A.C., and be approved by the department in order to qualify as training for operators.

(2) In addition to the requirements of subsection 64E-17.001(3), F.A.C., each formal training course shall meet the following requirements.

(a) Each course shall be at least 4 hours in length and conclude with an exam over the information presented in the course. These 4 hours shall not include items such as registration, breaks, lunch, marketing, profit-making strategies, advertising and accounting, taking a test, or similar functions.

(b) Training shall include the following study topics for the minimum hours indicated:

1. Ultraviolet radiation and effects on the skin,

2. Skin typing,

3. Exposure time,

4. Photosensitivity,

5. Section 381.89, F.S., FDA-Title 21 C.F.R. Part 1040 (April 1, 1999), and state Chapter 64E-17, F.A.C.,

6. Eye protection,

7. Equipment and maintenance.

(c) Each course shall cover the required subjects and include written material, such as a core training manual; audio-visual presentations; slides or videos; copies of the department’s statute, rules and copies of Title 21, Code of Federal Regulations, Part 1040, §1040.20; and a question and answer period for trainees.

(3) Each employee who assists the customer or operates tanning devices must be trained on the proper operation and maintenance of tanning devices. The operator of the tanning facility is responsible for training those employees and ensuring that those employees take an approved training course. Proof of training must be maintained within the facility and be available for inspection. When the operator provides employee training, that training shall include:

(a) Review of the requirements of these rules;

(b) Procedures for correct cleaning, sanitizing and operation of the device;

(c) Recognition of overexposure or similar injury;

(d) Review of manufacturer’s procedures for operation and maintenance of tanning devices;

(e) Medical aspects of ultraviolet radiation, photosensitivity, maximum allowable time of exposure, and determination of human skin types as it relates to compliance use of the FDA exposure schedule; and,

(f) Emergency procedures in case of overexposure or injury.

(4) Operators and other facility personnel who must comply with the training requirements of this chapter, must complete the required training according to the following:

(a) Operators hired on or after the effective date of this chapter must complete the required training prior to taking charge of a facility. Other facility personnel hired on or after the effective date of this chapter shall have a period of 30 days after the effective date of employment to successfully complete the required training; however, such persons shall work under the direct supervision of a trained operator, until they have successfully completed the required training;

(b) All personnel hired before the effective date of this chapter shall have a period of 30 days after the effective date of this chapter to successfully complete the required training.

(5) Any individual or organization requesting the department to review their training courses for compliance with the requirements of this rule, shall submit copies of their training materials to the department prior to providing that training in the state. The materials submitted should include credentials of trainers and persons compiling the training materials, a copy of the classroom, Internet or correspondence course curriculum, copies of written materials to be received by trainees, a copy of the test to be given and answers to the test questions, and a statement indicating the length of time a classroom course will be conducted. The department shall review the materials and inform the applicant of its findings within 30 days from receipt of all training materials. When changes are made to a training course that has been reviewed and accepted by the department, those changes shall also be submitted to the department for review prior to making the changes permanent in the training literature.

(6) In order to inform and assist the customer in the proper use of tanning devices and suitable physical aids, such as handrails and floor markings, an operator or facility employee who has been trained in accordance with the requirements of this rule must be present when tanning equipment is used. Prior to initial exposure, each customer must be given a copy of a written warning and shall be provided the opportunity to read the copy of the warning specified in paragraph 64E-17.002(2)(a), F.A.C. The operator or employee shall then request that the customer sign a statement that the information has been read and understood and agrees to use protective eyewear. For illiterate or visually handicapped persons, the warning statement shall be read by the operator or employee in the presence of a witness. Both the witness and the operator or employee shall sign the statement. The customer must be informed whether the facility has liability insurance and the amount of such liability insurance shall be stated when requested.

(7) A written and/or electronic record shall be kept for a period of four years by the facility operator of each customer’s signature, age, date of tanning visits, total number of tanning visits, tanning time exposures, and the name of the operator or employee who assisted the customer.

(8) A written report of any alleged tanning injury shall be forwarded to the local county health department which issued the license within five working days of its occurrence or knowledge thereof. The report shall include:

(a) The date of alleged injury and name and contact information of the affected individual;

(b) The name, location and license number of the tanning facility involved and the name of the operator or employee who assisted the customer;

(c) The nature of the alleged injury and duration of the tanning exposure;

(d) Name and address of the health care provider, and treatment, if any; and,

(e) Information on the device involved, such as the manufacturer, model number, lamp used, and any other information considered relevant to the situation by the local county health department.

(9) Burned-out or defective lamps or defective filters shall be replaced with a type intended for use in that device as specified on the product label on the tanning equipment or with lamps or filters that are equivalent under 21 C.F.R. §1040.20. When substitute lamps are being used, a statement from the manufacturer stating the replacement lamps are FDA equivalent must be kept within the facility and be available for review. If a tanning device has been reconditioned, a statement from the manufacturer or FDA stating the replacement lamps are equivalent must be kept within the facility and be available for review.

(10) The owner’s manual for each tanning device shall be on file at the tanning facility.

Rulemaking Authority 381.89(13) FS. Law Implemented 381.89 FS. History–New 1-12-93, Amended 8-7-96, Formerly 10D-112.006, Amended 5-10-05.