New Hampshire Revised Statutes 313-A:30 – Operational Requirements
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I. Operators shall have sufficient knowledge in the operation of the tanning devices, including but not limited to:
(a) Requirements of this section and of 21 C.F.R. § 1040.20;
(b) Proper use of U.S.F.D.A. Recommended Exposure Schedule;
(c) Procedures for correct operation of the tanning facility/device;
(d) Recognition of injuries and the facility’s procedures for handling such injuries from overexposure to ultraviolet radiation;
(e) Manufacturer’s procedures for operation and maintenance of the tanning device;
(f) Proper use of protective eyewear;
(g) Emergency procedures in case of injury;
(h) Effects of UV radiation, acute and chronic exposure, biological effects and health risks;
(i) Photosensitizing agents; and
(j) Recognition of the 6 skin types and the Fitzpatrick Scale.
II. Operators shall be trained in all of the areas listed in paragraph I. Training shall be received through curricula and programs approved by the board. A tanning facility shall maintain a list of the facility’s operators who have been trained in accordance with this section. Such list shall include the date of the training and shall be available for inspection by the board.
III. Operators shall obtain proof of age from each tanning device user pursuant to N.H. Rev. Stat. § 313-A:31, I.
IV. Operators shall read aloud and shall provide each tanning device user with a written consent statement containing the wording listed below and the Fitzpatrick Scale. The consumer consent form shall include the following wording in at least size 12 font:
“DANGER-ULTRAVIOLET RADIATION
Follow instructions.
Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions.
Repeated exposure may cause premature aging of the skin and skin cancer.
Wear protective eyewear. Failure to use protective eyewear may result in severe burns or long-term injury to the eyes.
Medication or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.”
V. Upon notification by a consumer of a complaint or an alleged tanning injury, a registrant shall provide information to the consumer about how complaints may be filed with the board.
VI. The tanning facility registrant shall maintain a record for each individual tanning device user which shall include dates exposed, length of exposure and signed consent form. Records shall be maintained for a minimum of 3 years or 3 years past the age of majority of the client.
(a) Requirements of this section and of 21 C.F.R. § 1040.20;
Terms Used In New Hampshire Revised Statutes 313-A:30
- Board: means the board of barbering, cosmetology, and esthetics. See New Hampshire Revised Statutes 313-A:1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fitzpatrick scale: means the following scale for classifying the 6 skin types, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season:
Skin Type Sunburning and Tanning History
1 Always burns easily; never tans
2 Always burns easily; tans minimally
3 Burns moderately; tans gradually
4 Burns minimally; always tans well
5 Rarely burns; tans profusely
6 Never burns; deeply pigmented. See New Hampshire Revised Statutes 313-A:1 - following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Tanning device: includes any equipment, including a sunlamp, tanning booth, and tanning bed, that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and is used for the tanning of human skin. See New Hampshire Revised Statutes 313-A:1
- Tanning facility: means any location, place, area, structure or business which provides access to a tanning device for a fee, membership dues or any other compensation. See New Hampshire Revised Statutes 313-A:1
(b) Proper use of U.S.F.D.A. Recommended Exposure Schedule;
(c) Procedures for correct operation of the tanning facility/device;
(d) Recognition of injuries and the facility’s procedures for handling such injuries from overexposure to ultraviolet radiation;
(e) Manufacturer’s procedures for operation and maintenance of the tanning device;
(f) Proper use of protective eyewear;
(g) Emergency procedures in case of injury;
(h) Effects of UV radiation, acute and chronic exposure, biological effects and health risks;
(i) Photosensitizing agents; and
(j) Recognition of the 6 skin types and the Fitzpatrick Scale.
II. Operators shall be trained in all of the areas listed in paragraph I. Training shall be received through curricula and programs approved by the board. A tanning facility shall maintain a list of the facility’s operators who have been trained in accordance with this section. Such list shall include the date of the training and shall be available for inspection by the board.
III. Operators shall obtain proof of age from each tanning device user pursuant to N.H. Rev. Stat. § 313-A:31, I.
IV. Operators shall read aloud and shall provide each tanning device user with a written consent statement containing the wording listed below and the Fitzpatrick Scale. The consumer consent form shall include the following wording in at least size 12 font:
“DANGER-ULTRAVIOLET RADIATION
Follow instructions.
Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions.
Repeated exposure may cause premature aging of the skin and skin cancer.
Wear protective eyewear. Failure to use protective eyewear may result in severe burns or long-term injury to the eyes.
Medication or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.”
V. Upon notification by a consumer of a complaint or an alleged tanning injury, a registrant shall provide information to the consumer about how complaints may be filed with the board.
VI. The tanning facility registrant shall maintain a record for each individual tanning device user which shall include dates exposed, length of exposure and signed consent form. Records shall be maintained for a minimum of 3 years or 3 years past the age of majority of the client.