1. A. Safety Standards for Sunlamp Product Equipment: A registrant operating a facility using sunlamp products shall:

   1. 1. Not use a sunlamp product regulated under this Article, unless the sunlamp product is registered by the Department according to R9-7-1402;

   2. 2. Except as provided in subsection (B), use sunlamp products that are certified by the manufacturer to comply with the following, which are incorporated by reference, are on file with the Department, and include no future editions or amendments:

      1. a. 21 CFR 878.4635, June 2, 2014, available at https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm?fr=878.4635; and
      2. b. If applicable, CFR 1040.20, April 2, 2018, available at https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm?fr=1040.20;

   3. 3. Ensure that:

      1. a. A sunlamp product is operated within the manufacturer’s specifications, and
      2. b. The manufacturer’s user manual for the sunlamp product is available on-site;

   4. 4. Replace burned-out or defective light sources or filters:

      1. a. Before any use of a sunlamp product; and

      2. b. With a light source or filter intended for use in that equipment:

         1. i. As specified on the sunlamp product label, or
         2. ii. That is equivalent to a light source or filter specified on the sunlamp product label under the FDA regulations and polices applicable to the sunlamp product at the time of manufacture;
   5. 5. If an equivalent light source or filter is used instead of the light source or filter specified on the product label, according to subsection (A)(4)(b)(ii), maintain a copy of the equivalency certification, provided by the supplier of the light source or filter, on file for review by Department inspectors for at least three years after the light source or filter is no longer in use;

   6. 6. Ensure that each sunlamp product for skin tanning:

      1. a. Has a timer and control system that complies with CFR 1040.20, part c, incorporated in subsection (A)(2)(b), and that:

         1. i. The timer interval does not exceed the manufacturer’s maximum recommended exposure time,
         2. ii. The timer has multiple timer settings consistent with the manufacturer’s recommended exposure time intervals,
         3. iii. The timer is functional and accurate to within +/- 10% of the maximum timer interval of the product,
         4. iv. The timer does not automatically reset and cause radiation emission to resume for a period greater than the unused portion of the timer cycle, and
         5. v. The timer is tested annually for accuracy;
      2. b. Has a remote control system for the timer installed before operation of a sunlamp product;
      3. c. Is equipped with an emergency shutoff mechanism that allows manual termination of the ultraviolet radiation exposure;
      4. d. Provides physical barriers between each light source of a sunlamp product and a user to protect users from injury caused by touching or breaking a light source;

      5. e. If the registrant employs a stand‑up sunlamp product:

         1. i. Uses physical barriers, handrails, floor markings, or other methods to indicate the proper exposure distance between the source of ultraviolet radiation and the user’s skin;
         2. ii. Constructs the sunlamp product for skin tanning so that it can withstand the stress of use and the impact of a falling individual;
         3. iii. Provides access to the sunlamp product for skin tanning with doors of rigid construction that open outward, handrails, and non‑slip floors; and
         4. iv. Controls the interior temperature of a booth containing a sunlamp product so that it never exceeds 100 degrees Fahrenheit (38 degrees Centigrade); and

      6. f. Post a sign with lettering at least 10 millimeters high for all words requiring capital letters and at least 5 millimeters high for all lower-case letters, ensuring that the sign is clearly visible and easily viewed:

         1. i. At or near the entrance to a facility using a sunlamp product for skin tanning stating that “Persons Under Age 18 Are Required to Have an Authorization to Use a Sunlamp Product, Signed by a Parent or Legal Guardian in the Presence of an Operator of the Facility Using the Sunlamp Product”; and
         2. ii. Within 1 meter (39.37 inches) of each sunlamp product for skin tanning, by a user before the sunlamp product is operated, stating: “DANGER - Ultraviolet radiation. Follow instructions. Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. WEAR PROTECTIVE SUNLAMP EYEWEAR; FAILURE TO MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult physician before using sunlamp if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from the use of this product.”; and
   7. 7. For a sunlamp product for use in phototherapy or for diagnostic purposes, ensure that the sunlamp product is only used according to an order by a physician licensed according to A.R.S. Title 32, Chapter 13 or 17, or by a registered nurse practitioner, as defined in A.R.S. § 32-1601.
2. B. For sunlamp products in use before February 5, 2005, the Department shall determine compliance based on the standard in effect at the time of manufacture, as shown on the equipment identification label.

3. C. Operations of Sunlamp Products: A registrant shall:

   1. 1. Establish and maintain written policies and procedures that are part of a radiation safety program to assure compliance with the requirements of this Section;
   2. 2. Ensure that at least one operator is present during operating hours;

   3. 3. Provide training to each operator that covers:

      1. a. The requirements of this Section;

      2. b. Facility operating procedures, including:

         1. i. Determination of skin type and associated duration of exposure;
         2. ii. Procedures for use of minor and adult user consent forms;
         3. iii. Potential harm associated with photosensitizing foods, cosmetics, and medications;
         4. iv. Requirements for use of protective sunlamp eyewear by users of the sunlamp product; and
         5. v. Proper sanitizing procedures for the sunlamp product and protective sunlamp eyewear;
      3. c. The manufacturer’s procedures for operation and maintenance of the sunlamp product;
      4. d. Recognition of injury or overexposure; and
      5. e. Emergency procedures used in the case of an injury;
   4. 4. Maintain records of training for Department review, which include dates and material covered, for at least three years after the date the training is provided;
   5. 5. Ensure that any individual operating a sunlamp product has demonstrated competency in the safe use of the sunlamp product; and

   6. 6. For use of a sunlamp product for skin tanning:

      1. a. Maintain a list of operators at the facility;

      2. b. Before a user’s first use in any continuous 12-month period, ensure that an operator:

         1. i. Requests that the user read a copy of the warnings in subsection (A)(6)(f);
         2. ii. For illiterate or visually handicapped persons, reads the warnings in subsection (A)(6)(f) to the user in the presence of a witness; and
         3. iii. Obtains the signature of the user and, if applicable, the witness required according to subsection (C)(6)(b)(ii) on a statement acknowledging that the user has read or heard and understands the warnings in subsection (A)(6)(f);

      3. c. Ensure that an operator:

         1. i. Limits the occupancy of the area with exposure to a sunlamp product to one individual when the sunlamp product is in use;
         2. ii. Prevents use of a sunlamp product by anyone under 18 years of age unless the individual has written permission from the individual’s parent or guardian;
         3. iii. Provides a user with sanitized protective sunlamp eyewear and directions for use of the protective sunlamp eyewear;
         4. iv. Instructs the user on the maximum exposure time and correct distance from the light source as recommended by the manufacturer of the sunlamp product;
         5. v. Instructs the user about the location and correct operation of the emergency shutoff switch;
         6. vi. Before use of the sunlamp product, demonstrates the use of any physical aids, necessary to maintain correct exposure distance for the user, as recommended by the manufacturer of the sunlamp product; and
         7. vii. Sets the exposure timer so that the user is not exposed to excess radiation;

      4. d. Ensure that a sunlamp product’s timer is controlled to limit exposure time:

         1. i. To the manufacturer’s recommendation on the label on the sunlamp product or in the operator’s manual for the sunlamp product; and
         2. ii. During a 24-hour period, to the maximum recommended for a 24-hour period by the manufacturer; and
      5. e. Maintain a record of each user’s total number of sunlamp product uses and exposure times for Department inspection for at least three years after the last date in the record.

4. D. Reporting of Sunlamp Product-Related Injuries: A registrant shall provide to the Department a written report:

   1. 1. Of an incident involving:

      1. a. Eye injury;
      2. b. Skin burn;
      3. c. Fall injury, if the fall occurred within the sunlamp product or while entering or exiting the sunlamp product;
      4. d. Laceration;
      5. e. Infection believed to have been transmitted by use of the sunlamp product; or
      6. f. Any other injury reasonably related to the use of the sunlamp product;

   2. 2. Within 10 working days after:

      1. a. The occurrence, or
      2. b. The date the registrant became aware of the incident; and

   3. 3. Including the following information in the report of the incident:

      1. a. The name of the user;
      2. b. The name and location of the tanning facility;
      3. c. The date and time of the incident;
      4. d. A description of and the circumstances associated with the incident;
      5. e. The name and address of the health care provider treating the user, if any; and
      6. f. Any other information the registrant considers relevant to the incident.

Historical Note

New Section R9-7-1405 recodified from R12-1-1405 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Section R9-7-1405 repealed; new Section R9-7-1405 made by final expedited rulemaking at 32 A.A.R. 721 (March 27, 2026, Issue 13) with an immediate effective date of March 5, 2026 (Supp. 26-1).