1. (a) A tanning facility shall have an operator present during operating hours. The operator must:

   1. (1) be sufficiently knowledgeable in the correct operation of the tanning devices used at the facility;
   2. (2) instruct, inform, and assist each customer in the proper use of the tanning devices;
   3. (3) complete and maintain records required by this chapter; and

   4. (4) explain or otherwise inform each customer initially using the tanning facility of:

      1. (A) the potential hazards of and protective measures necessary for ultraviolet radiation;
      2. (B) the requirement that protective eyewear be worn while using a tanning device;
      3. (C) the possibility of photosensitivity or of a photoallergic reaction to certain drugs, medicine, or other agents when a person is subjected to the sun or ultraviolet radiation;
      4. (D) the correlation between skin type and exposure time;
      5. (E) the maximum exposure time to the facility's devices;
      6. (F) the biological process of tanning; and
      7. (G) the dangers of and the necessity to avoid overexposure to ultraviolet radiation.
2. (b) Before each use of a tanning device, the operator shall provide with each device clean and properly sanitized protective eyewear that protects the eyes from ultraviolet radiation and allows adequate vision to maintain balance. The protective eyewear shall be located in the immediate area of each tanning device and shall be provided without charge to each user of a tanning device. The operator may not allow a person to use a tanning device if that person does not use protective eyewear that meets the requirements of the United States Food and Drug Administration. The operator also shall show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer of the tanning device.
3. (c) The tanning facility operator shall clean and properly sanitize the body contact surfaces of a tanning device after each use of the tanning device.
4. (d) The tanning facility shall use a timer with an accuracy of at least plus or minus 10 percent of the maximum timer interval of the tanning device. The operator shall limit the exposure time of a customer on a tanning device to the maximum exposure time recommended by the manufacturer. A timer shall be located so that a customer cannot set or reset the customer's exposure time. The operator shall control the temperature of the customer contact surfaces of a tanning device and the surrounding area so that it may not exceed 100 degrees Fahrenheit.
5. (e) Before a customer who is 18 years of age or older 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 must provide photo identification and sign a written statement acknowledging that the person has read and understood the required warnings before using the device and agrees to use protective eyewear.
6. (f) To ensure the proper operation of the tanning equipment, a tanning facility may not allow a person younger than 13 years of age to use a tanning device unless:

7. (i) A record of each customer using a tanning device 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. The board by rule shall prescribe the form and content of the records. The record shall include:

   1. (1) the facility receives written permission from the person's physician allowing the person to use the device; and
   2. (2) the person's parent or legal guardian remains at the tanning facility while the person uses the device.
   3. (1) the date and time of the customer's use of a tanning device;
   4. (2) the length of time the tanning device was used;
   5. (3) any injury or illness resulting from the use of a tanning device;
   6. (4) any written informed consent statement required to be signed under Subsection (e);
   7. (5) the customer's skin type, as determined by the customer by using the Fitzpatrick scale for classifying a skin type;

8. (g) Before any person 16 or 17 years of age uses a tanning facility device for the first time, the person must give the operator a written informed consent statement signed and dated by the person's parent or legal guardian stating that the parent or legal guardian has read and understood the warnings given by the tanning facility, consents to the minor's use of a tanning device, and agrees that the minor will use protective eyewear. In addition, a person 13, 14, or 15 years of age must be accompanied by a parent or legal guardian who must remain at the tanning facility while the person uses the tanning device.

   1. (6) whether the customer has a family history of skin cancer; and
   2. (7) whether the customer has a past medical history of skin cancer.
9. (h) When a tanning device is in use by a person, another person may not be allowed in the area of the tanning device.

10. (j) An operator shall keep an incident log at each tanning facility. The log shall be maintained at the tanning facility at least until the third anniversary of the date of an incident. The board by rule shall prescribe the form and content of the log. The log shall include each:

    1. (1) alleged injury;
    2. (2) use of a tanning device by a customer not wearing protective eyewear;
    3. (3) mechanical problem with a tanning device; and
    4. (4) customer complaint.
11. (k) The Texas Department of Health shall provide to each applicant for an original or renewal license a written copy of the Fitzpatrick scale.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 49, eff. Sept. 1, 1991.

Amended by Acts 1995, 74th Leg., ch. 684, Sec. 5, eff. June 15, 1995;

Acts 2001, 77th Leg., ch. 473, Sec. 4, eff. Sept. 1, 2001.