DAR File No. 37251

Health, Disease Control and Prevention, Environmental Services

Rule R392-700

Indoor Tanning Bed Sanitation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37251
Filed: 02/06/2013 03:54:09 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Sections 26-15-2 directing the Utah Department of Health (UDOH) to adopt rules and enforce minimum sanitary standards for the operation and maintenance of tanning parlors.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The rule was last updated and changes enacted in October 2012 to address statutory legislation adopted and passed in the 2012 Utah Legislature directing the Department to modify the rule to require parental consent for each tanning session for minors or a doctors note, updating the warning sign, and require a statewide uniform consent form. Since the modifications to the rule have been enacted, the UDOH has not received comments indicating a need to revise this rule further at this time. UDOH has received comments from local health departments indicating the need to continue statewide enforcement of this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The public demand for services offered by indoor tanning facilities is continuing. With the findings of many studies which indicate an association between exposure to ultraviolet radiation and skin cancer, the need for regulation of these facilities continues to be important. Many stories in the national television news and news magazines have highlighted this issue. Regulations that require enforced sanitation and warning of patrons regarding the dangers of ultraviolet radiation in Utah are very important to protect the health of the public. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [email protected]

Authorized by:

David Patton, Executive Director

Effective:

02/06/2013