CR 19-085 Rule Text

These proposed rules do not have an economic impact on small businesses, as defined in

s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8935, Madison, Wisconsin 53705; [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Jon Derenne, Rule Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way,

P.O. Box 8935, Madison, WI 53705, by phone to [phone], or by email to [e-mail]. Comments must be received on or before the hearing scheduled for 11:00 AM on July 17, 2019 to be included in the record of rule- making proceedings.

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SECTION 1. SPS 220.03 (8) is amended to read:

SPS 220.03 (8) “Tanning device" means any equipment that emits electromagnetic radiation having wavelengths in air 200 to 400 nanometers and that is used for tanning of human skin and any equipment used with that equipment, including but not limited to protective eyewear, timers and handrails, except that “tanning device" does not include a phototherapy device used by a physician has the meaning given in s. 463.25 (1) (b), Stats.

SECTION 2. SPS 220.04 is repealed and recreated to read:

SPS 220.04 Permit requirements.

No person may operate a tanning facility without a permit issued by the department. Applicants for a permit and permit holders shall comply with all of the following conditions:

(1)

Application for a permit shall be submitted annually on a form provided by the department, which shall include all of the following information:

(a)

The name and complete mailing address of the tanning facility.

(b)

The name of the facility operator.

(c)

The phone number of the facility.

(d)

The brand and model number of each tanning device.

(e)

The primary type of business in which the facility is located.

(f)

A statement as to whether the applicant has ever been convicted of a felony committed while engaged in the practice of operating a tanning facility.

(2)

The application in sub. (1) shall be accompanied by the permit fee established by the department under ss. 440.03 (9) (a) and 440.05 (1), Stats.

(3)

Subject to ss. 111.321, 111.322, and 111.335, Stats., applicants for a permit and permit holders may not have been convicted of a felony committed while engaged in the practice of operating a tanning facility.

(4)

A permit holder shall notify the department in writing of any change in information that appears on the permit, such as facility ownership, business status, or address. That notification shall be sent to the department within 30 days after the change is made.

(5)

Permit holders and permit applicants shall correct, or take substantial steps approved by the department to correct, a violation of any sanitary or other rule of the department within the time limit stated by the department in a notification of violation.

(6)

No permit issued by the department may be transferred from one person to another or from one facility to another.

SECTION 3. SPS 220.04 (note) is created to read:

Note: Applications are available from the Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at dsps.wi.gov.

SECTION 4. SPS 220.045 is created to read:

SPS 220.045 Permit expiration.

Permits issued by the department shall expire annually on June 30.

SECTION 5. SPS 220.11 (2) is amended to read:

SPS 220.11 (2) The department shall may inspect a facility upon receipt of a notice of injury.

SECTION 6. SPS 220.11 (Note) is created to read:

SPS 220.11 Note: Contact the Department of Safety and Professional Services at [phone] or [phone] to report an injury from a tanning device. Report forms are available from the Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at dsps.wi.gov.

SECTION 7. SPS 220.12 (1) (title) is repealed.

SECTION 8. SPS 220.12 (2) and (3) are repealed.

SECTION 9. SPS 220.13 is repealed.

SECTION 10. SPS 220 Appendix A is repealed and recreated to read:

SUN-REACTIVE SKIN TYPES USED IN CLINICAL PRACTICES

Skin Type

Skin Reactions to Solar Radiation*

I	Always burns easily and severely (pain); tans little or none and peels

II	Usually burns easily and severely (painful burn); tans minimally or lightly, also peels

III	Burns moderately and tans about average

IV	Burns minimally, tans easily and above average with each exposure; exhibits IPD (immediate pigment darkening**) reaction

V	Rarely burns, tans easily and substantially; always exhibits IPD reaction

VI	Never burns and tans profusely; exhibits IPD reaction

Note: Categories are based on the Fitzpatrick Skin Type Scale.

*Based on the first 45-60 minutes (equals 2-3 minimum erythema dose) exposure of the summer sun (early June) at sea level.

**Immediate pigment darkening refers to the skin’s response to sun exposure that occurs within the first few minutes to a few hours after exposure to sunlight.

SECTION 11. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s. 227.22 (2) (intro.), Stats.

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STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)

ADMINISTRATIVE RULES

DIVISION OF EXECUTIVE BUDGET AND FINANCE 101 EAST WILSON STREET, 10TH FLOOR

P.O. BOX 7864 MADISON, WI 53707-7864 FAX: [phone]

Fiscal Estimate & Economic Impact Analysis

(See PDF for image)

1.

Type of Estimate and Analysis

(See PDF for image)(See PDF for image)(See PDF for image) Original   Updated   Corrected

2.

Administrative Rule Chapter, Title and Number

(See PDF for image)SPS 220

3.

Subject

Tanning Facilities