1. (1) The operator shall prohibit a minor from using a tanning device except if the minor:

   1. (a) has a written order from a physician as a medical treatment that includes the frequency and duration of tanning sessions; or
   2. (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. (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. (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. (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. (5) Before using a tanning device, the patron shall provide proof of age to the operator.
6. (6) Before the patron's use of a tanning device, the operator shall provide the patron with the information listed under Subsection (7).

7. (7) Upon a patron's initial visit to the tanning facility and annually thereafter, the operator shall:

   1. (a) provide the patron with a written paper health risk warning notice containing the health risk information listed in Subsection (8);
   2. (b) provide the patron an opportunity to read the notice and ask questions;
   3. (c) have the patron sign and date the notice to signify that the patron has read and understands; and
   4. (d) give the patron a copy of the notice.

8. (8) The health risk warning notice required in subsection (7)(a) shall include:

   1. (a) a representative list of potential photosensitizing drugs and agents;

   2. (b) a statement on the importance of consulting a physician before tanning if the patron:

      1. (i) is taking certain medicines;
      2. (ii) has a history of skin problems;
      3. (iii) is pregnant; or
      4. (iv) is sensitive to sunlight;

   3. (c) information regarding potential negative health effects related to ultraviolet exposure including:

      1. (i) the increased risk of skin cancer and increased risk for patrons with:

         1. (A) health problems who sunburn easily;
         2. (B) a family history of melanoma; or
         3. (C) frequent cold sores;
      2. (ii) the increased risk of skin thinning, wrinkling, and premature aging; and
      3. (iii) the possible adverse effect on some viral or medical conditions, like lupus, when using a tanning device;

   4. (d) information on:

      1. (i) how to determine skin sensitivity;
      2. (ii) how different skin types respond to different tanning devices;
      3. (iii) the importance of adhering to the time limit the manufacturer recommends for each skin type;
      4. (iv) how ultraviolet-A (UVA) and ultraviolet-B (UVB) affect the human body;
      5. (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;
      6. (vi) the use of protective eyewear including the possibility of eye damage if the eyewear is not used;
      7. (vii) the tanning device manufacturer's recommendations on how to properly use eyewear while using the tanning device;
      8. (viii) the capacity of each tanning device, including proper exposure time and intensity;
      9. (ix) the risk of tanning too frequently and on over exposure including advice to space tanning sessions 48 hours apart;
      10. (x) the typical amount of time for a sunburn to develop;
      11. (xi) the inadvisability of tanning during pregnancy; and
      12. (xii) additional relevant medical considerations as determined by the local health officer; and
   5. (e) how to contact the local health department to get additional information.
9. (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.

KEY: tanning beds, indoor tanning, sanitation, ultraviolet light safety

Date of Last Change: August 17, 2023

Notice of Continuation: January 17, 2023

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-7-402; 26B-7-40