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Red Light Devices in Ohio Tanning Facitlities

TO:  Zone Inspectors

FROM:  Jim Trakas, Executive Director

DATE: July 22, 2013

SUBJECT:  Red Light Devices in Tanning Facilities

In light of recent events where the State Medical Board has changed its request to our Board concerning red light devices, the following inspection procedure shall go into effect when it comes to red light devices in Ohio Tanning Facilities.

Red Light is not defined well under Ohio law or rule.  As such, it is open to some interpretation, and since the Medical Board decided that it no longer wishes our Board to report all equipment to them, just facilities that make medical claims, we now have this new policy to be implemented immediately:

1.CONVERSION OF BULBS TO RED LIGHT BULBS.  Any tanning device that is altered from manufacturer specifications is out of compliance with OAC 4713-19-04.

The first time you encounter equipment that has been altered, issue them a written warning and ask that the original bulbs be installed in the equipment.

If this happens a second or subsequent time, then issue a violation to the permitted facility for this piece of equipment for being in violation of OAC 4713-19-04 (J).

2.RED LIGHT MACHINE, ORIGINALLY DESIGNED FOR RED LIGHT, NO ALTERATIONS.  These machines are legal under Ohio law since neither ORC or OAC 4713 or 4731 (Medical Board) prohibit this equipment.  Therefore, red light equipment shall be inspected just like any other piece of equipment in a permitted facility for original bulbs, cleanliness, etc. and we will treat red light as any other piece of equipment

3. MEDICAL CLAIMS.  Any facility advertising medical claims for a red light device is in violation of R.C. 4731, and must be reported to the Medical Board, as has been our practice.  All appropriate advertising must avoid overt medical or health related benefits so as to not confuse the public about the benefits of red light in a misleading manner.

Medical or health claims are defined by using these types of words in printed, electronic, or oral communications:

“Therapy,” “Cure,” “Pain Relief,” “Pain Reduction,” “Anti-Rhumetism.”

Other words used in advertising are not violations of law, including:

“Rejuvenate” (unless made directly with an overt medical claim), “Anti-Acne”.

In summary, Red Light machines are legal in Ohio Tanning Facilities.  It is their advertising that we must scrutinize.  Red Light machines will be treated as any other piece of equipment from an inspection perspective, unless a tanning device has been altered to include red light, which will be issued a warning and the proprietor made to take the machine back to its original intent.