"Phototherapy device" means equipment that emits ultraviolet radiation and is used in treating disease.
"Tanning device" means equipment that emits electromagnetic radiation having wavelengths in the air between 200 and 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.
"Tanning facility" means a place or business that provides persons access to a tanning device.
No person may operate a tanning facility without a permit that the department may, except as provided in ss. 250.041
, issue under this subsection. The holder of a permit issued under this subsection shall display the permit in a conspicuous place at the tanning facility for which the permit is issued.
Permits issued under this subsection shall expire annually on June 30. Except as provided in ss. 250.041
, a permit applicant shall submit an application for a permit to the department on a form provided by the department with a permit fee established by the department by rule. The application shall include the name and complete mailing address and street address of the tanning facility and any other information reasonably required by the department for the administration of this section.
No tanning facility may state in any advertising that the tanning facility holds a license or permit issued by the department to operate a tanning facility.
Each tanning facility shall give to each of its customers written notice of all of the following:
Failure to wear the eye protection provided by the tanning facility may damage the customer's eyes and cause cataracts.
Overexposure to a tanning device causes burns.
Repeated exposure to a tanning device may cause premature aging of the skin and skin cancer.
Abnormal skin sensitivity or burning of the skin while using a tanning device may be caused by the following:
Certain medications, including but not limited to tranquilizers, diuretics, antibiotics, high blood pressure medicines and birth control pills.
Any person who takes a drug should consult a physician before using a tanning device.
(5) Warning sign.
Each tanning facility shall prominently display a warning sign in each area where a tanning device is used. That sign shall convey the following directions and information:
Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of a tanning device can cause eye and skin injury and allergic reactions. Repeated exposure can cause chronic sun damage, which is characterized by wrinkling, dryness, fragility and bruising of the skin and skin cancer.
Ultraviolet radiation from tanning devices will aggravate the effects of the sun, so do not sunbathe during the 24 hours immediately preceding or immediately following the use of a tanning device.
Medications and cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a tanning device if you are using medications, have a history of skin problems or believe that you are especially sensitive to sunlight. Women who are pregnant or using birth control pills and who use a tanning device may develop discolored skin.
If your skin does not tan when exposed to the sun it is unlikely that your skin will tan when exposed to this tanning device.
(6) Tube replacement.
Each tanning facility shall post a sign in each area where a tanning device is used stating the date on which each fluorescent tube in that tanning device was last replaced. The tanning facility shall maintain a record of the date on which each fluorescent tube is replaced.
(7) Claims precluded.
No owner or employee of a tanning facility may claim, or distribute materials that claim, that using a tanning device is free of risk.
A tanning facility's compliance with the requirements of subs. (4)
does not relieve the owner or any employee of the tanning facility from liability for injury sustained by a customer from the use of a tanning device.
(9) Duties of owner.
The owner of a tanning facility shall ensure that all of the following requirements are fulfilled:
No customer under 16 years of age is permitted to use the tanning facility.
During operating hours there is present at the tanning facility a trained operator who is able to inform customers about, and assist customers in, the proper use of tanning devices.
Each tanning bed is properly sanitized after each use.
Each customer, before he or she begins to use a tanning device, is provided with properly sanitized and securely fitting protective eyewear that protects the wearer's eyes from ultraviolet radiation and allows enough vision to maintain balance.
Customers are not allowed to use a tanning device unless the customer uses protective eyewear.
Each customer is shown how to use such physical aids as handrails and markings on the floor to determine the proper distance from the tanning device.
A timing device that is accurate within 10% is used.
Each tanning device is equipped with a mechanism that allows the customer to turn the tanning device off.
Each customer is limited to the maximum exposure time recommended by the manufacturer.
Customers are not allowed to use a tanning device more than once every 24 hours.
The interior temperature of the tanning facility does not exceed 100 degrees Fahrenheit.
The statements under sub. (10) (a)
are retained for 3 years or until the customer signs a new statement.
(10) Duties of user.
A user of a tanning facility shall do all of the following:
Immediately before the customer's first use of a tanning facility in a year, sign a statement acknowledging that he or she has read and understands the notice under sub. (4)
and the warning sign under sub. (5)
and specifying that the customer agrees to use protective eyewear.
Use protective eyewear at all times while using a tanning device.
(11) Injury reports.
If a person requires medical attention due to use of a tanning facility, the owner of that tanning facility shall report that injury to the department in writing and send a copy of that report to the injured person. The owner of the tanning facility shall retain a copy of the report for 3 years.
The department may promulgate rules necessary to administer this section.
(13) Denial, suspension or revocation of permits.
The department may under this section, after a hearing under ch. 227
, deny issuance of a permit to an applicant or suspend or revoke any permit issued under sub. (2)
if the applicant or permit holder or his or her employee violates sub. (2)
or any rule promulgated thereunder.
The department shall enforce this section.
Any person who violates sub. (2)
or any rule promulgated thereunder may be required to forfeit not less than $50 nor more than $250. The court may also revoke a permit issued to any person under sub. (2)
if that person or his or her employee violates sub. (3)
History: 1991 a. 192
; 1993 a. 27
; Stats. 1993 s. 255.08; 1997 a. 191
See also ch. DHS 161
, Wis. adm. code.
Thomas T. Melvin youth tobacco prevention and education program.
From the moneys distributed under s. 255.15 (3) (b)
, the department shall administer the Thomas T. Melvin youth tobacco prevention and education program, with the primary purpose of reducing the use of cigarettes and tobacco products by minors. The department shall award grants for the following purposes:
Community education provided through local community initiatives.
A multimedia education campaign directed at encouraging minors not to begin using tobacco, motivating and assisting adults to stop using tobacco and changing public opinion on the use of tobacco.
Public education through grants to schools to expand and implement curricula on tobacco education.
Research on methods by which to discourage use of tobacco.
Evaluation of the program under this section.
Statewide tobacco use control program. 255.15(1m)(1m)
The department shall do all of the following:
Promulgate rules establishing criteria for recipients of grants awarded under sub. (3)
, including performance-based standards for grant recipients that propose to use the grant for media efforts. The department shall ensure that programs or projects conducted under the grants are culturally sensitive.
Provide a forum for the discussion, development, and recommendation of public policy alternatives in the field of smoking cessation and prevention.
Provide a clearinghouse of information on matters relating to tobacco issues and how they are being met in different places throughout the nation such that both lay and professional groups in the field of government, health care and education may have additional avenues for sharing experiences and interchanging ideas in the formulation of public policy on tobacco.
Continue implementation of a strategic plan for a statewide tobacco use control program, including the allocation of funding, and update the plan annually.
Community-based programs to reduce the burden of tobacco-related diseases.
School-based programs relating to tobacco use cessation and prevention.
Enforcement of local laws aimed at reducing exposure to secondhand smoke and restricting underage access to tobacco.
Grants for partnerships among statewide organizations and businesses that support activities related to tobacco use cessation and prevention.
Marketing activities that promote tobacco use cessation and prevention.
Projects designed to reduce tobacco use among minorities and pregnant women.
Other tobacco use cessation or prevention programs, including tobacco research and intervention.
Surveillance of indicators of tobacco use and evaluation of the activities funded under this section.
Development of policies that restrict access to tobacco products and reduce exposure to environmental tobacco smoke.
To the Board of Regents of the University of Wisconsin System for advancing the work of the tobacco research and intervention center at the University of Wisconsin-Madison in developing new educational programs to discourage tobacco use, determining the most effective strategies for preventing tobacco use, and expanding smoking cessation programs throughout the state.
From the appropriation account under s. 20.435 (1) (fm)
, the department shall distribute $96,000 annually for programs to discourage use of smokeless tobacco.
No recipient of moneys distributed under par. (b)
may expend more than 10% of those moneys for administrative costs.
Not later than April 15, 2002, and annually thereafter, the department shall submit to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2)
a report that evaluates the success of the grant program under sub. (3)
. The report shall specify the number of grants awarded during the immediately preceding fiscal year and the purpose for which each grant was made. The report shall also specify donations and grants accepted by the department under sub. (5)
The department may accept for any of the purposes under this section any donations and grants of money, equipment, supplies, materials and services from any person. The department shall include in the report under sub. (4)
any donation or grant accepted by the department under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.
See also ch. DHS 199
, Wis. adm. code.
INJURY PREVENTION AND CONTROL
Duties of the department.
The department shall do all of the following:
Maintain an injury prevention program that includes data collection, surveillance, education and the promotion of intervention.
Assist local health departments and community agencies by serving as a focal point for injury prevention expertise and guidance and by providing the leadership for effective local program development and evaluation.
Enter into memoranda of understanding with other state agencies to reduce intentional and unintentional injuries.
History: 1993 a. 27