(1) The operator shall prohibit a minor from
using a tanning device except if the minor:
(a) has a written order from a physician as a
medical treatment that includes the frequency and duration of tanning sessions;
or
(b) at each time of use, is
accompanied at the tanning facility by a parent or guardian who signs a written
consent form authorizing the minor to use the tanning device.
(2) The parent or guardian of a
minor is not required to remain at the tanning facility during the minor's use
of a tanning device.
(3) The
operator may not allow a minor to exceed a physician's order for tanning in
either frequency or duration of a tanning session.
(4) The consent form for use of a tanning
device by a minor shall conform to the Department's Tanning Consent Form, July
2012, which is incorporated by reference.
(5) Before using a tanning device, the patron
shall provide proof of age to the operator.
(6) Before the patron's use of a tanning
device, the operator shall provide the patron with the information listed under
Subsection (7).
(7) Upon a patron's
initial visit to the tanning facility and annually thereafter, the operator
shall:
(a) provide the patron with a written
paper health risk warning notice containing the health risk information listed
in Subsection (8);
(b) provide the
patron an opportunity to read the notice and ask questions; (c) have the patron
sign and date the notice to signify that the patron has read and understands;
and
(d) give the patron a copy of
the notice.
(8) The
health risk warning notice required in subsection (7)(a) shall include:
(a) a representative list of potential
photosensitizing drugs and agents;
(b) a statement on the importance of
consulting a physician before tanning if the patron:
(i) is taking certain medicines;
(ii) has a history of skin
problems;
(iii) is pregnant; or
(iv) is sensitive to
sunlight;
(c)
information regarding potential negative health effects related to ultraviolet
exposure including:
(i) the increased risk of
skin cancer and increased risk for patrons with:
(A) health problems who sunburn
easily;
(B) a family history of
melanoma; or
(C) frequent cold
sores;
(ii) the
increased risk of skin thinning, wrinkling, and premature aging; and
(iii) the possible adverse effect on some
viral or medical conditions, like lupus, when using a tanning device;
(d) information on:
(i) how to determine skin
sensitivity;
(ii) how different
skin types respond to different tanning devices;
(iii) the importance of adhering to the time
limit the manufacturer recommends for each skin type;
(iv) how ultraviolet-A (UVA) and
ultraviolet-B (UVB) affect the human body;
(v) the required use of proper protective
eyewear with both UVA and UVB systems, and a statement that closing the eyes is
not sufficient to prevent possible eye damage;
(vi) the use of protective eyewear including
the possibility of eye damage if the eyewear is not used;
(vii) the tanning device manufacturer's
recommendations on how to properly use eyewear while using the tanning
device;
(viii) the capacity of each
tanning device, including proper exposure time and intensity;
(ix) the risk of tanning too frequently and
on over exposure including advice to space tanning sessions 48 hours apart;
(x) the typical amount of time for
a sunburn to develop;
(xi) the
inadvisability of tanning during pregnancy; and
(xii) additional relevant medical
considerations as determined by the local health officer; and
(e) how to contact the local
health department to get additional information.
(9) The operator shall keep each signed
patron consent form at the tanning facility and shall make the forms readily
available for review by the local health officer upon request.
