Section 795.190  Records


a)         At the consumer's initial visit to a tanning facility, and at least annually thereafter, such consumer shall be given a written statement of warning as described in Section 795.150(a) and sign a written statement acknowledging that he/she has read and has understood the warning statement.  For illiterate or visually handicapped persons, the warning statement shall be read by the operator to the consumer in the presence of a witness.  Both the witness and the operator shall sign the statement indicating it has been read to the consumer.


b)         Each consumer desiring to use the facility shall fill out a form specifying any and all prescription medicines and over-the-counter (non-prescription) medications the consumer is taking, and any cosmetics and toiletries, including any tanning accelerators, he or she may have applied prior to using the tanning facility.  The consumer shall certify that he or she has not used the services of a tanning facility within the immediately previous twenty-four (24) hours.  The form or record shall be kept as a confidential, permanent part of the record of the individual's attendance and progress.  No information concerning a consumer's prescription and non-prescription medications as listed on the required form or record may be released to any person without the written consent of the consumer.  Such information, however, shall be made available to the Department or an agent of the Department during the regular course of an inspection.


c)         No minor under fourteen years of age shall be allowed to use a tanning device, either alone or in the presence of another individual.  Minors age fourteen through seventeen shall obtain the written consent of a parent or legal guardian prior to being provided access to a tanning device.  The parent or legal guardian shall sign a consent form in the presence of the operator who is not a minor, indicating that such parent or guardian has read and understood the warnings required under Section 795.150(a).  The parent or guardian shall not be required to be in the tanning room or booth with the minor.


d)         A record shall be kept by the facility operator of each consumer's total number of tanning visits, dates and duration of tanning exposures and the tanning equipment used.  Such records shall be kept as a permanent part of the record of the individual's attendance and progress.  Records shall be maintained and available for inspection for a minimum of five years past a facility's termination of business.


e)         Information required by this Section which is maintained by the facility on computer systems shall be regularly copied, at least monthly, and updated on storage media other than the hard drive of the computer.