Fla. Admin. Code Ann. R. 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,
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, Section 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.
Notes
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