820 IAC 5 — ARTICLE 5. TANNING FACILITIES

TITLE 820 STATE BOARD OF COSMETOLOGY AND BARBER EXAMINERS

ARTICLE 5. TANNING FACILITIES

Rule 1

820 IAC 5-1-1 820 IAC 5-1-1 "Commissioner" defined (Repealed)

Rule 1. Sanitation and Safety

820 IAC 5-1-1 "Commissioner" defined (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-1.5 820 IAC 5-1-1.5 "Board" defined

820 IAC 5-1-1.5 "Board" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 1.5. As used in this rule, "board" means the Indiana board of cosmetology and barber examiners or its authorized representative.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-1.5; filed Sep 17, 1998, 3:55 p.m.: 22 IR 456; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA; filed Jun 22, 2026, 2:46 p.m.: 20260722-IR-820250328FRA)

820 IAC 5-1-2 820 IAC 5-1-2 "Customer" defined

820 IAC 5-1-2 "Customer" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 2. As used in this rule, "customer" means a person receiving the services of a tanning facility.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-2; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1377; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-2) to the State Board of Cosmetology Examiners (820 IAC 5-1-2) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-3 820 IAC 5-1-3 "Department" defined (Repealed)

820 IAC 5-1-3 "Department" defined (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-4 820 IAC 5-1-4 "Inspection" defined

820 IAC 5-1-4 "Inspection" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 4. As used in this rule, "inspection" means an official examination or observation, including, but not limited to, tests, surveys, and monitoring, to determine compliance with orders, requirements, and conditions.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-4; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1377; filed Sep 17, 1998, 3:55 p.m.: 22 IR 456; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-4) to the State Board of Cosmetology Examiners (820 IAC 5-1-4) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-5 820 IAC 5-1-5 "Interference with board agent" defined

820 IAC 5-1-5 "Interference with board agent" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 5. As used in this rule, "interference with board agent" means, but is not limited to, physical obstruction, attack, or threatened attack on a representative of the board while that representative is conducting inspection, licensing, or enforcement activities.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-5; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-5) to the State Board of Cosmetology Examiners (820 IAC 5-1-5) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1377; filed Sep 17, 1998, 3:55 p.m.: 22 IR 456; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-6 820 IAC 5-1-6 "Operator" defined

820 IAC 5-1-6 "Operator" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 6. (a) As used in this rule, "operator" means an individual eighteen (18) years of age or older, designated by the owner or licensee to control operation of the tanning facility and instruct and assist the consumer in the proper operation of its sunlamp products. The operator is responsible for running the sunlamp products, exercising control over the kill switches, providing protective eyewear to users, giving instructions to the person using the equipment and supervising facility staff in cleaning the equipment, including protective eyewear owned by the facility.

(b) A person at a tanning facility to use the tanning equipment may not be the operator.

(c) There must be at least one (1) operator on the premises at all times that the tanning facility is open. However, the tanning facility may have working at the tanning facility an employee who is not an operator.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-6; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-6) to the State Board of Cosmetology Examiners (820 IAC 5-1-6) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1377; filed Sep 17, 1998, 3:55 p.m.: 22 IR 456; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-7 820 IAC 5-1-7 "Person" defined

820 IAC 5-1-7 "Person" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 7. As used in this rule, "person" means any individual, partnership, copartnership, firm, company, corporation, association, trust, estate, or any other legal entity, its or their successors or assigns or agents of the aforesaid.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-7; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1377; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-7) to the State Board of Cosmetology Examiners (820 IAC 5-1-7) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-8 820 IAC 5-1-8 "Protective eyewear" defined

820 IAC 5-1-8 "Protective eyewear" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 8. As used in this rule, "protective eyewear" means any device designed to be worn by users of sunlamp products to reduce the exposure of the eyes to radiation.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-8; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1377; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-8) to the State Board of Cosmetology Examiners (820 IAC 5-1-8) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-9 820 IAC 5-1-9 "Radiation machine" defined

820 IAC 5-1-9 "Radiation machine" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 9. As used in this rule, "radiation machine" means any device capable of producing radiation, including ultraviolet radiation used for tanning.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-9; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1377; filed Sep 17, 1998, 3:55 p.m.: 22 IR 456; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-9) to the State Board of Cosmetology Examiners (820 IAC 5-1-9) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-10 820 IAC 5-1-10 "Spectral irradiance" defined (Repealed)

820 IAC 5-1-10 "Spectral irradiance" defined (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-11 820 IAC 5-1-11 "Spectral transmittance" defined (Repealed)

820 IAC 5-1-11 "Spectral transmittance" defined (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-12 820 IAC 5-1-12 "Sunlamp product" defined

820 IAC 5-1-12 "Sunlamp product" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 12. As used in this rule, "sunlamp product" means any electronic product designed to incorporate one (1) or more ultraviolet lamps and intended for irradiation of any part of the living human body, by ultraviolet radiation with wavelength in air between two hundred (200) and four hundred (400) nanometers, to induce skin tanning.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-12; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1377; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-12) to the State Board of Cosmetology Examiners (820 IAC 5-1-12) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-13 820 IAC 5-1-13 "Tanning facility" defined

820 IAC 5-1-13 "Tanning facility" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 13. As used in this rule, "tanning facility" means a facility that provides persons access to use a sunlamp product and charges a fee for a membership or usage. The term includes any club or association that provides access to a sunlamp to its members. The term does not include a medical treatment facility that uses ultraviolet radiation under the supervision of a licensed physician or other licensed medical practitioner in the treatment of disease.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-13; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1378; filed Sep 17, 1998, 3:55 p.m.: 22 IR 457; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-13) to the State Board of Cosmetology Examiners (820 IAC 5-1-13) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-14 820 IAC 5-1-14 "Ultraviolet radiation" defined

820 IAC 5-1-14 "Ultraviolet radiation" defined

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 14. As used in this rule, "ultraviolet radiation" includes radiation in the wavelengths between two hundred (200) and four hundred (400) nanometers.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-14; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1378; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-14) to the State Board of Cosmetology Examiners (820 IAC 5-1-14) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-15 820 IAC 5-1-15 "Violation" defined

820 IAC 5-1-15 "Violation" defined

Authority: IC 25-8-3-22

Affected: IC 25-1-11-5; IC 25-8-15.4

Sec. 15. As used in this rule, "violation" means the failure of an owner, agent, or employee of a tanning facility to abide by IC 25-1-11-5 and local ordinances.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-15; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1378; filed Sep 17, 1998, 3:55 p.m.: 22 IR 457; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-15) to the State Board of Cosmetology Examiners (820 IAC 5-1-15) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-16 820 IAC 5-1-16 License to operate required

820 IAC 5-1-16 License to operate required

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-5

Sec. 16. A person may not charge a fee for the use of sunlamp products unless the person has a license from the board to operate a tanning facility. A separate license must be obtained for each tanning facility the person operates.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-16; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-16) to the State Board of Cosmetology Examiners (820 IAC 5-1-16) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1378; filed Sep 17, 1998, 3:55 p.m.: 22 IR 457; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-17 820 IAC 5-1-17 License period (Repealed)

820 IAC 5-1-17 License period (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed June 22, 2026, 2:46 p.m.: 20260722-IR-820250328FRA)

820 IAC 5-1-18 820 IAC 5-1-18 License transfers

820 IAC 5-1-18 License transfers

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-9

Sec. 18. A license can only be transferred when the tanning facility has moved location. Changing ownership of the tanning facility requires a new license.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-18; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1378; filed Sep 17, 1998, 3:55 p.m.: 22 IR 457; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-18) to the State Board of Cosmetology Examiners (820 IAC 5-1-18) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-19 820 IAC 5-1-19 Government exemption (Repealed)

820 IAC 5-1-19 Government exemption (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-20 820 IAC 5-1-20 License application required

820 IAC 5-1-20 License application required

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 20. To obtain a license to operate a tanning facility, a person shall do the following:

(1) File an application with the board, on a form prescribed by the board, which includes the following information:

(A) The name, address, and telephone number of the following:

(i) The tanning facility.

(ii) The owner of the tanning facility.

(iii) If the licensee is a corporation, shareholders owning at least five percent (5%) who own a sunlamp product.

(iv) If the licensee is a partnership, partners of a business who own a sunlamp product.

(v) Settlors, trustees, and beneficiaries of trusts who own a sunlamp product.

(B) If the facility is mobile, the location, by address, where the facility will be parked during the hours it is open for business.

(C) A signed and dated certification that the applicant has read and understands the requirements of this rule.

(D) Additional information requested by the board to substantiate that the proposed facility can reasonably be expected to provide access to sunlamp products without causing a health or safety hazard to its customers.

(2) Pay the fee set by the board in 820 IAC 7-1-1.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-20; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-20) to the State Board of Cosmetology Examiners (820 IAC 5-1-20) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1378; filed Sep 17, 1998, 3:55 p.m.: 22 IR 457; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; filed Jun 4, 2009, 9:07 a.m.: 20090701-IR-820080606FRA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-21 820 IAC 5-1-21 License to be displayed

820 IAC 5-1-21 License to be displayed

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-10

Sec. 21. A person holding a tanning facility license issued under this rule shall display the license in a manner that is clearly visible to customers using the tanning facility.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-21; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1379; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-21) to the State Board of Cosmetology Examiners (820 IAC 5-1-21) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-22 820 IAC 5-1-22 Change of ownership

820 IAC 5-1-22 Change of ownership

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-7

Sec. 22. . Changing ownership of the tanning facility requires the new owner to obtain a new license.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-22; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-22) to the State Board of Cosmetology Examiners (820 IAC 5-1-22) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1379; filed Sep 17, 1998, 3:55 p.m.: 22 IR 458; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-23 820 IAC 5-1-23 Equipment construction

820 IAC 5-1-23 Equipment construction

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-14

Sec. 23. Sunlamp products shall meet the following codes:

(1) All sunlamp product electrical circuits shall be listed by the Underwriter Laboratories (UL) or the Electrical Testing Laboratories (ETL).

(2) Defective or burned out lamps or filters shall be replaced with a type intended for use in that device as specified on the product label or certified by the manufacturer to be equivalent to those specified on the product label.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-23; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1379; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-23) to the State Board of Cosmetology Examiners (820 IAC 5-1-23) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-24 820 IAC 5-1-24 Consumer protection

820 IAC 5-1-24 Consumer protection

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-14

Sec. 24. There must be physical barriers to protect customers from injury induced by touching or breaking the lamps in a sunlamp product. Each customer shall be shown how to use suitable physical aids and maintain the proper exposure distance recommended by the manufacturer. There must also be the following requirements:

(1) The construction of a tanning booth must be that it will withstand the stress of use and the impact of a falling person.

(2) There must be physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the customer's skin in upright tanning booths.

(3) Each ultraviolet lamp contained within the sunlamp product must be shielded to prevent contact with the customer. A screen or transparent cover must be used for this purpose.

(4) Body contact surfaces of each sunlamp product must be sanitized by the operator or facility staff between each customer use by swabbing the body contact surfaces with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution, as stated in section 25(d) of this rule. The swabbing shall be accomplished with single use towels. Exposure to the ultraviolet radiation produced by the tanning equipment itself is not a sanitizing agent for purposes of this rule.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-24; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-24) to the State Board of Cosmetology Examiners (820 IAC 5-1-24) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1379; filed Sep 17, 1998, 3:55 p.m.: 22 IR 458; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-25 820 IAC 5-1-25 Protective eyewear

820 IAC 5-1-25 Protective eyewear

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-14

Sec. 25. (a) No person shall be allowed to use a sunlamp product unless protective eyewear is worn.

(b) Each consumer shall be provided with protective eyewear and instructions for its use.

(c) The spectral transmittance of the protective eyewear required by this section must comply with 21 CFR 1040.20(c)(4).

(d) Protective eyewear provided by the operator must be sanitized by the operator before each use

with a bactericidal, viricidal, and fungicidal disinfectant that is mixed and used according to the manufacturer's directions. Protective eyewear that have come in contact with blood or bodily fluids shall be disinfected with an EPA registered bactericide, viricide, fungicide, and tuberculocidal disinfectant that is mixed and used according to the manufacturer's directions.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-25; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-25) to the State Board of Cosmetology Examiners (820 IAC 5-1-25) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1379; filed Sep 17, 1998, 3:55 p.m.: 22 IR 458; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-26 820 IAC 5-1-26 Limiting exposure

820 IAC 5-1-26 Limiting exposure

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-14

Sec. 26. Each customer shall be limited to less than or equal to the maximum exposure time recommended by the manufacturer of the sunlamp product. However, in no event shall exposure at a tanning facility be allowed for more than the manufacturer's recommended exposure time for a given skin type in any twenty-four (24) hour period.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-26; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1380; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-26) to the State Board of Cosmetology Examiners (820 IAC 5-1-26) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-27 820 IAC 5-1-27 Equipment controls

820 IAC 5-1-27 Equipment controls

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-14

Sec. 27. (a) A control or kill switch must be incorporated on each sunlamp product which enables the customer to manually terminate radiation without disconnecting the electrical plug or coming into contact with the ultraviolet lamp.

(b) The electric power supply for each sunlamp product must run through a control or kill switch that will enable the operator to manually terminate the radiation. There must be a clear wide path to the kill switches. There shall be no obstructions of any kind in front of the kill switches, including, but not limited to, a circuit breaker cover, chairs, or any boxes or storage on the floor. The controller kill switch must be outside of the room that contains the sunlamp products.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-27; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1380; filed Sep 17, 1998, 3:55 p.m.: 22 IR 459; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-27) to the State Board of Cosmetology Examiners (820 IAC 5-1-27) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-28 820 IAC 5-1-28 Sunlamp product maintenance

820 IAC 5-1-28 Sunlamp product maintenance

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-14

Sec. 28. (a) No customer shall be allowed to use a sunlamp product having a defective timer.

(b) Sunlamp products must be maintained in compliance with this rule concerning repair, labeling, and alteration and accessibility of timing devices. If a part must be replaced, the defective part must be replaced with a part that complies with 21 CFR 1040.20 (April 2020 Edition). Sunlamp products must be maintained under 21 CFR 1040.20 (April 2020 Edition).

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-28; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-28) to the State Board of Cosmetology Examiners (820 IAC 5-1-28) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1380; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-29 820 IAC 5-1-29 Warning sign

820 IAC 5-1-29 Warning sign

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-12; IC 25-8-15.4-13

Sec. 29. An operator of a tanning facility shall prominently display warning signs in accordance with the following:

(1) A warning sign must be posted in each tanning facility room where customers arrange for the use of a sunlamp product, in each tanning facility room where customers wait to use a sunlamp product, and in the immediate proximity of and not less than one (1) meter or thirty-nine (39) inches from each sunlamp product. The warning sign must be readily legible, clearly visible, and not obstructed by any barrier, equipment, or other item present so the customer can easily view the warning sign before energizing the ultraviolet light generating equipment. The warning sign must meet the following requirements:

(A) The uppercase letters on the warning sign in the room where customers pay for the use of a sunlamp product and in the room where customers wait to use a sunlamp product must be at least eighteen (18) millimeters or eleven-sixteenths (11/16) inch tall, and the lowercase letters must be at least thirteen (13) millimeters or one-half (1/2) inch tall.

(B) The uppercase letters on the warning sign in the immediate proximity of the sunlamp product must be at least ten (10) millimeters or seven-sixteenths (7/16) inch tall, and the lowercase letters must be five (5) millimeters or one-fourth (1/4) inch tall.

(2) The warning signs required by subdivision (1) must state the following:

WARNING: ULTRAVIOLET RADIATION

FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES

1. Protective eyewear is required by law.

2. Follow instructions.

3. Avoid overexposure. As with natural sunlight, exposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause skin cancer or chronic sun damage characterized by wrinkling, dryness, fragility and bruising of the skin.

4. Ultraviolet radiation from sunlamps will aggravate the effects of the sun. Therefore, do not sunbathe before or after exposure to ultraviolet radiation.

5. Medication or cosmetics may increase sensitivity to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medications, have history of skin problems, or believe you are especially sensitive to sunlight. Individuals on birth control medication who use this product may develop discolored skin.

IF YOU DO NOT TAN IN THE SUN IT IS UNLIKELY THAT YOU WILL TAN FROM THE USE OF THIS DEVICE

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-29; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-29) to the State Board of Cosmetology Examiners (820 IAC 5-1-29) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1381; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-30 820 IAC 5-1-30 Customer warning (Repealed)

820 IAC 5-1-30 Customer warning (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed June 22, 2026, 2:46 p.m.: 20260722-IR-820250328FRA)

820 IAC 5-1-31 820 IAC 5-1-31 Parental supervision

820 IAC 5-1-31 Parental supervision

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-16

Sec. 31. (a) A person who is less than sixteen (16) years of age may not use a sunlamp product or tanning device in a tanning facility.

(b) A person who is at least sixteen (16) years of age, but less than eighteen (18) years of age, may not use a sunlamp product in a tanning facility unless the parent or guardian of the person has also signed the written statement under section 33 of this rule in the presence of the operator of the tanning facility.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-31; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-31) to the State Board of Cosmetology Examiners (820 IAC 5-1-31) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1382; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-32 820 IAC 5-1-32 Records

820 IAC 5-1-32 Records

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-14

Sec. 32. The operator shall require each customer to provide their home address, phone number, and age. This information shall be kept as a permanent record of the individual's attendance.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-32; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-32) to the State Board of Cosmetology Examiners (820 IAC 5-1-32) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1382; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-33 820 IAC 5-1-33 Assurance of notification

820 IAC 5-1-33 Assurance of notification

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 33. (a) Each time a customer uses a tanning facility, or executes or renews a contract to use a tanning facility, the customer shall, before using a sunlamp product, sign or acknowledge electronically a written statement that they:

(1) have read and understood the warnings specified in sections 29 through 30 [sic] of this rule before using the device;

(2) agree to use the protective eyewear that the tanning facility provides;

(3) understand that some people who are not susceptible to tanning under natural sunlight may also not be susceptible to tanning under artificial light; and

(4) have not used a tanning device within the past twenty-four (24) hours.

(b) For visually handicapped persons, the warning statement shall be read by the operator in the presence of a witness. Both the witness and the operator shall sign the statement.

(c) The owner or operator shall maintain, for a period not less than twenty-four (24) months, a record signed by the customer that they have read and understood the warning required in sections 29 through 30 [sic] of this rule.

(d) Records of each customer's total number of tanning visits and times must be kept at the tanning facility and available for inspection for one (1) year. In addition, records up to five (5) years old must be provided to the board on request, although they need not be kept at the tanning facility. It is recommended that records be kept permanently, as potentially adverse health effects from tanning may not become apparent within five (5) years.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-33; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-33) to the State Board of Cosmetology Examiners (820 IAC 5-1-33) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1382; filed Sep 17, 1998, 3:55 p.m.: 22 IR 460; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR- 820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-34 820 IAC 5-1-34 Training

820 IAC 5-1-34 Training

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-14

Sec. 34. (a) Each operator must be adequately trained prior to serving the customers. Training shall include the following:

(1) The requirements of sections 22 through 33 of this rule.

(2) Procedures for correct operation of the facility.

(3) How to recognize injury or overexposure.

(4) Manufacturer's procedures for operation and maintenance of sunlamp products.

(5) Emergency procedures in case of injury.

(b) A list of operators trained in accordance with this section shall be maintained and available at the facility during employment and for a period of one (1) year after termination. The list shall include the name, last known mailing address, and home telephone number of each operator.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-34; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1382; filed Sep 17, 1998, 3:55 p.m.: 22 IR 460; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-34) to the State Board of Cosmetology Examiners (820 IAC 5-1-34) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-35 820 IAC 5-1-35 Local zoning requirements

820 IAC 5-1-35 Local zoning requirements

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-7

Sec. 35. Tanning facilities shall meet all requirements of the local zoning commission and shall be approved by said commission before construction or operation begins.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-35; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1382; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-35) to the State Board of Cosmetology Examiners (820 IAC 5-1-35) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-36 820 IAC 5-1-36 Safe water supply

820 IAC 5-1-36 Safe water supply

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-14

Sec. 36. A tanning facility shall be provided with safe, potable water.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-36; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1383; filed Sep 17, 1998, 3:55 p.m.: 22 IR 460; errata, 22 IR 3420; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-36) to the State Board of Cosmetology Examiners (820 IAC 5-1-36) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-37 820 IAC 5-1-37 Water supplied under pressure (Repealed)

820 IAC 5-1-37 Water supplied under pressure (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-38 820 IAC 5-1-38 Location of tanning facility water supplies (Repealed)

820 IAC 5-1-38 Location of tanning facility water supplies (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-39 820 IAC 5-1-39 Well head location (Repealed)

820 IAC 5-1-39 Well head location (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-40 820 IAC 5-1-40 Well casing construction (Repealed)

820 IAC 5-1-40 Well casing construction (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-41 820 IAC 5-1-41 Pump and pressure tank sizing (Repealed)

820 IAC 5-1-41 Pump and pressure tank sizing (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-42 820 IAC 5-1-42 Water distribution system disinfection (Repealed)

820 IAC 5-1-42 Water distribution system disinfection (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-43 820 IAC 5-1-43 Water supply construction (Repealed)

820 IAC 5-1-43 Water supply construction (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-44 820 IAC 5-1-44 Sewage disposal (Repealed)

820 IAC 5-1-44 Sewage disposal (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-45 820 IAC 5-1-45 Sewage disposal system type (Repealed)

820 IAC 5-1-45 Sewage disposal system type (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-46 820 IAC 5-1-46 Sewage disposal system construction (Repealed)

820 IAC 5-1-46 Sewage disposal system construction (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-47 820 IAC 5-1-47 Sewage disposal system location (Repealed)

820 IAC 5-1-47 Sewage disposal system location (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed Sep 17, 1998, 3:55 p.m.: 22 IR 461)

820 IAC 5-1-48 820 IAC 5-1-48 Advertising requirements

820 IAC 5-1-48 Advertising requirements

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-13

Sec. 48. A tanning facility owner or operator shall not claim, or distribute promotional material that claims, that using a sunlamp product is safe or free from risk. A tanning facility owner or operator shall not advertise or promote special unlimited use of the tanning facilities that encourage customers to repetitively use the facility beyond the manufacturer's recommended limits for a twenty-four (24) hour period.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-48; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1384; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-48) to the State Board of Cosmetology Examiners (820 IAC 5-1-48) by P.L.142-1995, SECTION 33, effective July 1, 1995.

820 IAC 5-1-49 820 IAC 5-1-49 Levying civil penalties

820 IAC 5-1-49 Levying civil penalties

Authority: IC 25-8-3-22

Affected: IC 4-21.5; IC 25-8-15.4

Sec. 49. (a) The board may commence an action to levy civil penalties against the owner or operator of a tanning facility who does either of the following:

(1) Fails to comply with any federal, state, or local statute, rule, or ordinance regarding sunlamp products or the operation of any enterprise that owns sunlamp products.

(2) Interferes with or obstructs the board or its designated agent in the performance of its duties.

(b) A civil penalty may not exceed one thousand dollars ($1,000) per violation, and the absence of harm will not result in assessment of a lower penalty for a violation.

(c) In the determination of the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the board will consider the following:

(1) The potential for harm or an imminent threat to public health.

(2) The extent of deviation from statutory or regulatory requirements.

(3) The degree of willfulness or negligence.

(4) A history of noncompliance.

(d) After determining the appropriate penalty based on the schedule in this section, the board may adjust the penalty to reflect a good faith effort to comply by the owner or operator of a tanning facility.

(e) An individual penalty may be multiplied by the number of days the particular violation occurred.

(f) After filing an action under IC 4-21.5, and in an attempt to resolve violations without resort to a hearing, the board may negotiate and enter into agreed orders. An agreed order may suspend all or part of the civil penalty calculated under the requirements and deadlines established in the agreed order.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-49; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-49) to the State Board of Cosmetology Examiners (820 IAC 5-1-49) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1384; filed Sep 17, 1998, 3:55 p.m.: 22 IR 460; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-50 820 IAC 5-1-50 Incorporation by reference

820 IAC 5-1-50 Incorporation by reference

Authority: IC 25-8-3-22

Affected: IC 25-8-15.4

Sec. 50. When used in this rule, 21 CFR 1040.20 (April 2020), is hereby incorporated by reference. This federal rule as incorporated does not include any later amendments than those specified in the incorporation citation. Sales of the CFR are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The incorporated material is available for public review at the Indiana professional licensing agency.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-50; NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-50) to the State Board of Cosmetology Examiners (820 IAC 5-1-50) by P.L.142-1995, SECTION 33, effective July 1, 1995. filed Mar 17, 1992, 10:20 a.m.: 15 IR 1385; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR-820190183RFA)

820 IAC 5-1-51 820 IAC 5-1-51 Injuries (Repealed)

820 IAC 5-1-51 Injuries (Repealed)

(Repealed by State Board of Cosmetology and Barber Examiners; filed June 22, 2026, 2:46 p.m.: 20260722-IR-820250328FRA)