Indoor tanning using ultraviolet sunlamp-based equipment has been a popular activity since the 1970's, but it has only been subject to regulation in the state of Louisiana since 1990. Louisiana is one of 24 states in the U.S. that currently regulate UV tanning, and it is one of only five that mandate classroom training for UV tanning equipment operators.
Because the FDA classifies UV tanning equipment as belonging to the group of Class II medical devices and medical devices are under the regulatory authority of the Food and Drug Unit in the state of Louisiana, FDU personnel are responsible for regulatory oversight of recreational (non-medical) UV tanning equipment operators in Louisiana, under the auspices of the Tanning Facility Regulation Act of 1990 (LSA R.S. §2701 et seq. and departmental regulations promulgated thereunder).
The Food and Drug Administration, the Centers for Disease Control and Prevention, the American Medical Association, and the American Association of Dermatologists have all stated in writing that they discourage the use of ultraviolet tanning equipment for non-medical purposes. There is some evidence to suggest that UV tanning is linked to increased rates of melanoma and other health problems; there are no proven medical benefits to UV tanning. Please see The Darker Side of Tanning and Don't Be in the Dark About Tanning for more information.
Please read this if you are opening a new salon or purchasing an existing facility:
Act 193 of the 2014 Louisiana Legislature made minors' use of UV tanning equipment in regulated facilities illegal. This means that no one under the age of 18 is allowed to use tanning beds or booths as of August 1, 2014. Additionally, the law requires that salon owners post a new sign declaring this restriction as part of its operational practices. A sample sign is provided below for your convenience.
Also please note that recent rule changes by the federal Food and Drug Administration require that stickers, emblems or labels bearing the following information be placed on all existing tanning beds/booths by August 26, 2015: "Attention: This sunlamp product should not be used on persons under the age of 18 years."
Note that effective immediately we will only accept cashier's checks or money orders for new UV tanning permits and effective FY 2016, we will only accept cashier's checks or money orders for renewals.
If you are a prospective tanning salon operator, the following documents may be of use (all documents below are in Adobe Acrobat format; go to the Acrobat website to obtain Reader software if needed):
- FDU Tanning Regulations - A complete packet of the relevant state regulations and parts of Title 21 of the Code of Federal Regulations pertaining to indoor tanning equipment
- FDU Tanning Facility Safety and Operating Procedures Manual - A highly-readable synopsis of the above regulations
- Act 193 of 2014
- Reclassification of Tanning Devices from Class I to Class II
- Tanning Packet Cover Letter - this document lists all items needed to apply for a registration
- FD-49 Application for Registration and Permit of Tanning Facilities and Equipment - application form for registration; do not mail this document to our office!
- Acknowledgement Form - acknowledgement form indicating that the registrant has read and understood the operator training requirements
- Utility No Objection Notice - document to be completed by the local Parish Health Unit indicating that the premises have a connection to appropriate water and wastewater treatment systems
- Notice to Tanning Facility Owners Regarding Training - memorandum sent to facility owners in 2004 emphasizing Louisiana's mandatory classroom operator training; attached is a list of currently-approved trainers with contact information
- Tanning Injury Report Form - Louisiana law requires that the department be notified of any complaints of injuries resulting from the use of your equipment within 5 business days and your facility is required to have injury report forms on hand for this purpose
- Medications That Increase Sensitivity to Light - this 1990 FDA publication lists medications known at that time to evoke heightened photosensitivity; remind your clients who are taking any medications or herbal supplements to check with their primary-care physician prior to tanning
Below are samples of some commonly-used forms. You are not legally required to use these specific forms.
- Initial Visit Statements - These initial visit statements, also known as consent forms, must be kept on file for all clients in perpetuity. You must attach a copy of a state-issued photo ID to this form.
- Skin Typing Chart- Use this chart or a similar one obtained from your equipment manufacturer to determine which exposure schedule your clients should utilize for optimum results.
- Daily Tanning Log - These logs may be useful for operations with a small client base or infrequent use; because exposure records for individual clients are required to be kept for six years, it would be more efficient for larger operations to utilize a computer database to keep track of this information.
- Sample Act 193 Sign - This may be used to meet the signage requirements of Act 193 of 2014.