TITLE 23
Health and Safety

CHAPTER 23-68
Tanning Facility Safety Standards Act

SECTION 23-68-4


§ 23-68-4 Safety standards established.

The director of the department of health shall, by regulation, establish minimum safety standards for tanning facilities. The standards shall include, but not be limited to:

(1) Establishment of a maximum safe time of exposure to radiation and a maximum safe temperature at which tanning devices may be operated;

(2) A requirement that a timer device be incorporated into each tanning device;

(3) A requirement that a patron at a tanning facility wear protective eye glasses when using tanning equipment and that a patron be supervised as to the length of time the patron uses tanning equipment at the facility;

(4) Requiring that the facility operator post easily legible, permanent warning signs near the tanning equipment which states: "Danger – Ultra-violet radiation. Follow all instructions. Avoid overexposure"; as well as a list, prepared by the director of the department of health, of prescription and non-prescription drugs which may cause photosensitivity in patients using a tanning center;

(5) Require that the facility have protective shielding for tanning equipment in the facility; and

(6) A prohibition on the use of tanning facilities by a person younger than eighteen (18) years of age, unless:

(a) Such person presents a prescription for receiving ultra-violet radiation treatments written by a physician licensed to practice medicine pursuant to chapter 5-37; or

(b) For every two (2) uses of a tanning facility, the parent or legal guardian of such person signs a written consent form in the presence of a tanning facility staff member. The written consent form shall contain, at a minimum, the following language: "I understand that the world health organization has classified the ultraviolet radiation used in tanning facilities as a Class 1 carcinogen, the same category as tobacco products. By exposing my child to ultraviolet radiation in this tanning facility, the possibility of my child developing melanoma (skin cancer) will increase. I also understand that there are safe alternatives available to achieve the same cosmetic effect as exposing my child's skin to ultraviolet radiation, such as spray tanning or bronzing creams."

History of Section.
(P.L. 1996, ch. 333, § 1; P.L. 2012, ch. 406, § 1; P.L. 2012, ch. 411, § 1.)