New Hampshire tanning laws for salon owners

New Hampshire at a glance

Minimum age for UV tanning

18. RSA 313-A:31, I makes it unlawful for a person under 18 to use a tanning device at a tanning facility, and operators must get proof of age from everyone who uses one. Bar 603.02(i) adds that operators may only let people tan who show valid government-issued ID, and must keep a record of the ID shown. Source 1

Parental consent

Not an option. RSA 313-A:31 has no parental-consent exception. Its only exception (313-A:31, II) is for a physician, advanced practice registered nurse or physician associate who uses or prescribes a phototherapy device for a patient. Bar 603.01(v) repeats that a facility may not let anyone under 18 use a tanning device. Source 1

Spray tan age rule

None in state law. The ban covers tanning devices, which RSA 313-A:1, XIV defines as equipment emitting 200 to 400 nanometer radiation used to tan skin. A full-text search of the RSA for "sunless" and for "airbrush" found nothing. Source 1

License or registration

Every location needs a tanning facility registration from the Office of Professional Licensure and Certification (OPLC), posted in a prominent place; operating without a current one is unlawful (RSA 313-A:28). The statute says to file yearly, but RSA 310:8, II makes OPLC licenses valid for 2 years and overrides conflicting board statutes, and Bar 605.01 follows 310:8. The fee is $170 for each 2-year term, initial, renewal or reinstatement (Plc 1002.07). Source 3

Inspections

Tanning facilities are inspected for compliance with Bar 603.01(a)-(v), under RSA 313-A:21 and Plc 403, 404 and 406, and must post the latest inspection report where customers can see it (Bar 604.01). Neither Bar 600 nor the OPLC inspection rules set a routine interval for tanning facilities; the biannual sanitary inspections in RSA 313-A:21, II name shops and schools. Source 2

Operator training

An operator must be 18 or older and trained through a Board-approved program (RSA 313-A:1, XI-a; Bar 603.02(g), 603.03). Training covers ten listed topics, from 21 CFR 1040.20 and the FDA exposure schedule to eyewear, injuries, photosensitizing agents and the Fitzpatrick scale (RSA 313-A:30, I). Keep a list of trained operators with their training dates for inspectors (313-A:30, II), and have a trained operator present whenever a device runs (Bar 603.02(d)). Source 1

Time between sessions

One tanning session a day. The operator sets each session's length from the Fitzpatrick scale, increasing exposure gradually, and never above the manufacturer's maximum timer interval (Bar 603.02(e)). Source 2

Consent statement

Operators read aloud, and give every user, a written consent statement with the DANGER-ULTRAVIOLET RADIATION wording quoted in RSA 313-A:30, IV, in at least 12-point type, plus the Fitzpatrick scale; the signed form goes in the client's record (313-A:30, VI). Bar 603.02(h) also has the client complete and sign a Fitzpatrick scale form, which the operator totals and signs, without altering the questions. Neither text sets a re-sign interval. Source 1

Client records

Keep a record for each user with dates exposed, length of exposure and the signed consent form for at least 3 years, or 3 years past the client's age of majority (RSA 313-A:30, VI), plus the Fitzpatrick forms and a record of the ID shown (Bar 603.02(h)-(i)). Computer records must be copied at least monthly to storage other than the computer's hard drive and be printable (Bar 603.01(o)). Source 1

Injury reporting

No report to the state and no deadline. When a customer complains or reports a tanning injury, the registrant must tell them how to file a complaint with the Board (RSA 313-A:30, V); written complaints go through Plc 204.02 and 204.03 (Bar 603.04). Operators must be trained to recognize injuries and in emergency procedures (313-A:30, I). Source 1

Protective eyewear

The operator has each client use eyewear meeting 21 CFR 1040.20(c)(4), checks it before each use and refuses a session without it (Bar 603.01(h), 603.02(b)-(c)). Single-use eyewear is never reused, reusable eyewear is disinfected with an EPA-registered disinfectant, and eyewear may not be altered, for example by removing straps (Bar 603.01(g), (i)). Source 2

Replacement lamps

Replace defective or burned-out lamps or filters with the type named on the device's label or with ones equivalent under 21 CFR 1040.20 (Bar 603.01(n)). Only devices certified to 21 CFR 1040.20 may be used, and each facility keeps the owner's manual for every unit (Bar 603.01(a), (s)). Source 2

Timer checks

Each device needs remote timing placed so clients cannot set their own time, and a control that lets the client turn it on and off at any time (Bar 603.01(b)). Sessions may not exceed the manufacturer's maximum timer interval (Bar 603.02(e)). Devices must be certified to the federal standard, 21 CFR 1040.20 (Bar 603.01(a)), but state law sets no timer accuracy figure or test interval of its own. Source 2