Current through Reg. 49, No. 38; September 20, 2024
(a) Customer notice.
(1) A tanning facility operator shall give
each customer a written statement warning that:
(A) failure to use the eye protection
provided to the customer by the tanning facility may result in permanent damage
to the eyes;
(B) overexposure to
ultraviolet light causes burns;
(C)
repeated exposure may result in premature aging of the skin and skin
cancer;
(D) abnormal skin
sensitivity or burning may be caused by reactions of ultraviolet light to
certain:
(i) foods;
(ii) cosmetics; or
(iii) medications, including:
(I) tranquilizers;
(II) diuretics;
(III) antibiotics;
(IV) high blood pressure medicines;
or
(V) birth control
pills;
(E)
any person taking a prescription or over-the-counter drug should consult a
physician before using a tanning device;
(F) pregnant women should consult their
physicians before using a tanning device;
(G) a person with skin that always burns
easily and never tans should avoid a tanning device; and
(H) a person with a family or past medical
history of skin cancer should avoid a tanning device.
(2) Compliance with the notice requirements
does not affect the liability of a tanning facility operator or a manufacturer
of a tanning device.
(b)
Signed warning statement.
(1) Each time a
customer uses a tanning facility's tanning device for the first time and each
time a person executes or renews a contract to use a tanning facility, the
person shall provide photo identification and shall sign and date a written
statement acknowledging that the person has read and understood the required
warnings in §
229.350
of this title (relating to Warning Signs) and subsection (a) of this section
before using the device and agrees to use protective eyewear.
(2) A tanning facility may not allow a person
under the age of 18 years to use a tanning device.
(3) When a person is visually impaired or
cannot read the warning statement, the operator shall read the warning
statement in the presence of a witness. The operator and the witness shall sign
and date the statement.
(c) Individual customer records.
(1) An individual customer record shall be
kept by the facility operator and shall include:
(A) the customer's date of birth;
(B) the total number of tanning
visits;
(C) the length of exposure
to each tanning device in minutes and the identity of the device responsible
for the exposure;
(D) the date and
time of each exposure;
(E) any
injuries or illnesses resulting from the use of a tanning device;
(F) any written informed consent statement
required to be signed in this section;
(G) the customer's skin type, as determined
by the customer by using the Fitzpatrick scale;
(H) whether the customer has a family history
of skin cancer; and
(I) whether the
customer has a past medical history of skin cancer.
(2) The operator must ensure that no
individual is allowed to use a tanning device more than once every 24
hours.
(d) Incident log.
An operator shall maintain a log at each tanning facility of any incident
involving an alleged injury, the use of a tanning device by a customer not
wearing protective eyewear, a mechanical problem with a tanning device, or a
customer complaint. The log shall contain the nature of the incident, the date
the incident occurred, the identity of any tanning device involved in the
incident, a description of any corrective action taken in response to the
incident, and the signature or initials of the operator responsible for
determining whether or not corrective action was required.
(e) Record retention. All records required by
this section shall be maintained at the tanning facility at least until the
third anniversary of the date of the customer's last use of a tanning
device.
(f) Access to records. A
person who is required to maintain records under this subchapter or a person
who is in charge of the custody of those records shall, at the request of an
authorized agent or health authority, permit the authorized agent or the health
authority access to copy or verify the records at reasonable times.
(g) Disclosure of records.
(1) Except as provided by paragraph (2) of
this subsection, an operator or other person may not disclose a customer record
required in subsection (c) of this section.
(2) An operator or other person may disclose
a customer record:
(A) if the customer, or a
person authorized to act on behalf of the customer, requests the
record;
(B) if the commissioner or
an authorized agent or health authority requests the record under subsection
(f) of this section;
(C) if the
customer consents in writing to the disclosure to another person;
(D) in a criminal proceeding in which the
customer is a victim, witness, or defendant;
(E) if the record is requested in a criminal
or civil proceeding by court order or subpoena; or
(F) as otherwise required by law.
(h) Electronic records.
Records required by this subchapter which are maintained by the tanning
facility on computer systems shall be regularly copied, at least monthly, and
updated on storage media other than the hard drive of the computer. An
electronic record must be retrievable as a printed copy.
(i) Forms. Forms that have been developed by
the department for use by tanning facilities will be provided upon request as
camera ready copies for reproduction purposes.
