Ind. Admin. Code tit. 820, r. 5-1-33 – Assurance of notification

Sec. 33. (a) Each time a customer uses a tanning facility, or each time a customer executes or renews a contract to use a tanning facility, the customer must, before using a sunlamp product, sign a written statement that he or she:

(1) has read and understood the warnings specified in sections 29 through 30 of this rule before using the device;
(2) agrees to use the protective eyewear that the tanning facility provides;
(3) understands that some people who are not susceptible to tanning under natural sunlight may also not be susceptible to tanning under artificial light; and
(4) has 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 must maintain for a period not less than twenty-four (24) months, a record signed by the customer that he or she has read and understood the warning required in sections 29 through 30 of this rule.

(d) Records of each customer's total number of tanning visits and tanning 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; 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 6-13-33) to the State Board of Cosmetology Examiners (820 IAC 5-1-33) by P.L.142- 1995, SECTION 33, effective July 1, 1995.