CR 19-085 Rule Text

(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 SPS 220.12 (1) (title) is repealed.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 SPS 220.12 (2) and (3) are repealed.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 SPS 220.13 is repealed.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 SPS 220 Appendix A is repealed and recreated to read: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

4. Fund Sources Affected GPR   FED

PRO

PRS

SEG

SEG-S

5. Chapter 20, Stats. Appropriations Affected 20.165(1)(g)

6.

(See PDF for image)(See PDF for image)(See PDF for image)(See PDF for image)(See PDF for image)(See PDF for image)Fiscal Effect of Implementing the Rule

(See PDF for image)(See PDF for image)(See PDF for image)No Fiscal Effect Indeterminate

Increase Existing Revenues Decrease Existing Revenues

Increase Costs

(See PDF for image)Could Absorb Within Agency’s Budget

  Decrease Cost  

7.

(See PDF for image)The Rule Will Impact the Following (Check All That Apply)

(See PDF for image)State’s Economy

(See PDF for image)Local Government Units

Specific Businesses/Sectors Public Utility Rate Payers

(See PDF for image)(See PDF for image)   Small Businesses (if checked, complete Attachment A)  

8.

(See PDF for image)Would Implementation and Compliance Costs Be Greater Than $20 million? Yes   No

9.

Policy Problem Addressed by the Rule

2015 Wisconsin Act 55 transferred responsibility for regulating tanning facilities from the Department of Health Services (DHS) to the Department of Safety and Professional Services (DSPS), effective January 1, 2016. DHS 161 and 161 Appendix were renumbered SPS 220 and 220 Appendix at that time. This rule will align administrative provisions transferred from DHS with DSPS’s processes, and modernize the rule to reflect

current practice for ensuring the safe and sanitary use of tanning devices.  

10.

Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.

The proposed rule was posted on the Department of Safety and Professional Services’ website for 14 days in order to solicit comments from businesses, representative associations, local governmental units, and individuals that may be

affected by the rule. No comments were received.  

11.

Identify the local governmental units that participated in the development of this EIA.

(See PDF for image)No local governmental units participated in the development of the EIA.

12.

Summary of Rule’s Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State’s Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)

(See PDF for image)This proposed rule will not have a significant impact on specific businesses, business sectors, public utility rate payers, local governmental units, or the state’s economy as a whole.

13.

Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule

The benefit of implementing the rule is to bring rules into alignment with current DSPS administrative procedures, and