State And Local Regulations

68-54-101. Short title.—This chapter shall be known and may be cited as the "Tanning Facility Control Act of 1990." (Acts 1990, ch.845 sec. 1.) Effective dates. July 1, 1990. Cross-References. Consumer Protection, title 47, ch. 18.

68-54-102. Definitions.—As used in this chapter, unless the context otherwise requires: (1) "Tanning device" means any equipment that emits radiation used for tanning of the skin, such as a sunlamp, tanning booth, or tanning bed, and includes any accompanying equipment, such as protective eyewear, timers and handrails; and (2) "Tanning facility" means any place where a tanning device is used for a fee, membership dues, or any other compensation. (Acts 1990, ch. 845, sec. 1.)

68-54-103. Applicability To Health Care Professionals.—The provisions of this chapter do not apply to a licensed health care professional who uses a tanning device for the treatment of patients, if such use is within the lawful scope of practice of such health care professional. (Acts 1990, ch. 845, sec.1.)

68-54-104. Requirements.—(a) A tanning facility must:

(1) Have a trained attendant on duty whenever the facility is open for business;

(2) Provide each customer with protective eyewear that meets the standards for tanning devices established under this chapter;

(3) Not allow a person to use a tanning device if that person does not use the protective eyewear;

(4) Show each customer how to use suitable physical aides, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer;

(5) Limit each customer to the maximum exposure time as recommended by the manufacturer; and

(6) Control the interior temperature of a tanning facility so that it does not exceed 34-degrees C.

(b)(1) Either each time a person uses a tanning facility or each time a person executes or renews a contract to use a tanning facility, the person must sign a written statement that the person:

(A) Has read and understood the warnings before using the device; and

(B) Agrees to use the protective eyewear that the tanning facility provides.

(2) When using a tanning device a person must use the protective eyewear that the tanning facility provides.

(3) A person between the ages of 14 and 18 must give the tanning facility a statement signed by the person’s parent or legal guardian consenting to the person’s use of a tanning device.

(4) A person under the age of 14 must be accompanied by a parent when using a tanning device. (Acts 1990, ch. 845, sec. 1.)

68-54-105. Penalty.—A violation of any of the provisions of this chapter constitutes a misdemeanor punishable by a fine of not more than $500. Each day on which a violation occurs constitutes a separate offense. (Acts 1990, ch. 845, sec. 1.)