(a) A tanning facility shall have an operator present
during operating hours.
(b) Each operator must be sufficiently trained and
knowledgeable in the correct operation of the tanning devices used
at the facility to adequately inform and assist each customer in the
proper use of the tanning devices. A record of all training received
by each operator shall be kept at the tanning facility where the operator
is employed. The record shall be signed by the operator and the owner
or owner's designee. The operator must be able to demonstrate such
knowledge concerning the:
(1) requirements of this subchapter and the Act;
(2) procedures for correct operation of the facility;
(3) recognition of injury or overexposure;
(4) manufacturer's procedures for operation and maintenance
of all tanning devices;
(5) emergency procedures in case of injury;
(6) classification of consumer skin types and the recommended
exposure times for all skin types; and
(7) maintenance of records required by §229.354
of this title (relating to Records).
(c) The operator must understand, be competent to explain,
and at a minimum, instruct, inform, and assist each customer using
a tanning device for the first time of:
(1) the potential hazards and protective measures associated
with ultraviolet radiation exposure;
(2) the requirement to wear protective eyewear at all
times while using the tanning device;
(3) the possibility of photosensitivity and photoallergenic
reaction of some persons to drugs, medicine, and other agents when
subjected to sun and ultraviolet radiation exposure;
(4) the correlation between skin type and exposure
time; and the maximum exposure time of the facility's devices;
(5) the biological process of tanning;
(6) the dangers and necessity of avoiding overexposure;
and
(7) the location and operation of the exposure termination
control for the tanning device.
(d) If an operator suspects that possible harm may
result from tanning, the customer should be advised to consult their
private physician.
(e) Written procedures shall be established and maintained
at the tanning facility which describe the requirements operator(s)
will follow for the correct use of tanning device(s), to include:
(1) instructions to the customer;
(2) use of protective eyewear;
(3) suitability of prospective customers for tanning
device use;
(4) determination of duration of tanning exposures;
(5) periodic testing of tanning device(s) and timer(s);
(6) handling of complaints of injury or illness from
customers; and
(7) records to be maintained on each customer.
(f) No operator may permit any person under 18 years
of age to use a tanning device.
(g) No operator may permit any person to use a tanning
device for the first time unless the person has displayed a driver's
license or other form of identification containing the person's photograph
and date of birth verifying that the person is 18 years of age or
older.
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Source Note: The provisions of this §229.353 adopted to be effective February 28, 1994, 19 TexReg 926; amended to be effective August 2, 2001, 26 TexReg 5659; amended to be effective December 27, 2010, 35 TexReg 11702; amended to be effective December 14, 2014, 39 TexReg 9698 |