(a) As used in this act:

(1) “Authorized agent” means an employee of the state board of cosmetology designated by the board to enforce this act.

(2) “Board” means the state board of cosmetology.

(3) “Phototherapy device” means equipment that emits ultraviolet radiation that is used in the treatment of disease or other medical use.

(4) “Tanning device” means equipment that emits electromagnetic radiation with wavelengths in the air that is used for tanning of human skin and includes any accompanying items incidental to operation of the tanning device.

(5) “Tanning facility” means any facility, whether independent or part of a salon, health spa or any other facility, which provides access to tanning devices but shall not include private residences if access to tanning devices is provided without charge.

(b) This act does not apply to use of a phototherapy device by or under supervision of a person licensed to practice medicine and surgery.