§ 25-5-1007 — Owner responsibilities

(1) The owner of each registered
artificial tanning device shall provide to the department such information
concerning the safe and proper operation of the owner's artificial tanning device as
is required by this part 10.

(2) The owner shall post a sign on the premises where the artificial tanning
device is located which notifies operators and potential users of the safety and
health risks associated with the use of such devices. The board shall establish
standards concerning the information to be contained in said notice and the size
and location of posting the notice on the premises. Said notice shall be of a size and
in a location on the premises which allows it to be easily read by users before being
exposed to the artificial tanning device.

(3) The owner shall provide each user with a written handout as specified by
the board containing, at a minimum, the following information:

(a) The risks of potential negative health effects as a result of improperly
supervised exposure to ultraviolet radiation and the general health and sanitation
risks associated with the use of such devices;

(b) The risks of potential negative health effects as a result of exposure to
ultraviolet radiation while in poor health or on certain medications; and

(c) Specific safety and operation information on the artificial tanning device
which is to be used.

(4) The owner shall provide to users the safety equipment required by the
board.

(5) The owner shall provide and maintain such general sanitation and
cleaning of equipment as required by the board.

(6) The owner shall inform the department of any accident or adverse
reaction to the use of an artificial tanning device and provide such detailed
information as required by the department. A written report in the format required
by the department shall be submitted within fifteen days after discovery of the
event. Any records, reports, or information obtained from a person pursuant to the
provisions of this subsection (6) shall be closed and confidential.

(7) No owner, employee, or operator of any artificial tanning device or
tanning facility shall advertise or promote that the use of any artificial tanning
device is safe or without risk to the user or that registration with the department
constitutes approval or endorsement of either the use of the device or the use of
artificial tanning in general.

Legislative History

Source: L. 92: Entire part added, p. 1287, � 1, effective July 1.