Effective
September 1, 2015, tanning facilities will no longer be required to hold licenses
issued by the Department of State Health Services (DSHS) in order to conduct
business in the state. These changes were
the result of amendments enacted by Senate Bill (SB) 202, passed during the 84th
Texas Legislature, Regular Session (2015) and affect Health and Safety Code
(HSC), Chapter 145. All DSHS tanning
facility licenses will expire on August 31, 2015 and will not be renewed.
On September 1,
2015, enforcement of all amended provisions under HSC, Chapter 145 will become
the responsibility of local law enforcement agencies or local health
authorities, and in some cases, the Office of the Attorney General. Although tanning facilities will no longer be
required to license with DSHS after August 31st, they must continue to comply
with the amended provisions in HSC, Chapter 145. In addition, tanning devices used by tanning
facilities must continue to comply with all federal and state laws and
regulations applicable to these devices.
Tanning devices are “devices” as defined in HSC, Chapter 431 (Texas
Food, Drug and Cosmetic Act) and as such are subject to the applicable requirements
under the Act and the Federal Food, Drug and Cosmetic Act.
While DSHS will no
longer have authority to promulgate rules for tanning facilities under HSC,
Chapter 145, please note that many of the requirements in the rules are also
required under HSC, Chapter 145. You
will continue to be responsible for complying with the amended provisions under
HSC, Chapter 145 and for complying with all federal and state laws applicable
to tanning devices.
Recent amendments
to HSC, Chapter 145, as enacted by SB 202, have resulted in changes to the content
of warning signs required to be posted in your tanning facility, including
signs posted in a conspicuous location readily visible by persons entering the
establishment and signs required to be posted in conspicuous locations that are
readily visible to a person about to use a tanning device. Since DSHS will no longer have regulatory
authority over the provisions of HSC, Chapter 145 on or after September 1,
2015, DSHS will not be revising the content of these signs to conform with the
new requirements of SB 202 and will cease printing and distribution of its
existing inventory of warning signs.
Since enforcement of HSC, Chapter 145 will transfer to local law
enforcement agencies or local health authorities on September 1, 2015, we
suggest you contact your city, county and/or local health department offices in
advance of this date to determine whether local licensing or permitting
requirements may apply to your business.
If you
have tanning facility license-related questions, please contact the Drugs and Food Safety Licensing Group
for assistance at (512) 834-6727 or visit their website at http://www.dshs.state.tx.us/fdlicense/.