2012 Delaware Code
Title 16 - Health and Safety
CHAPTER 30D. TANNING FACILITIES
§ 3003D. Restrictions on use by minors.

(a) A tanning facility shall not permit a minor between the ages of 14 to 18 to use a tanning device unless the minor provides a consent form signed by the parent or legal guardian at the time of first exposure, and the signature of the consent form is witnessed by an operator. The Department shall promulgate appropriate model language for the consent form to be used by tanning facilities that is consistent with subsection (b) of this section.

(b) The consent form should include all of the following:

(1) Failure to use eye protection may result in damage to the eyes.

(2) Overexposure to ultraviolet light causes burns.

(3) Repeated exposure may result in premature aging of the skin and skin cancer.

(4) Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain:

a. Foods;

b. Cosmetics; or

c. Medications, including:

1. Tranquilizers;

2. Diuretics;

3. Antibiotics;

4. High blood pressure medicines; or

5. Birth control pills.

(5) Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device.

(6) A person with skin that always burns easily and never tans should avoid a tanning device.

(7) A person with a family or past medical history of skin cancer should avoid a tanning device.

(c) Any minor under 14 years of age may not use a tanning device unless deemed medically necessary as evidenced by a prescription from a properly licensed physician, a physician's assistant who is supervised by a licensed physician or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed physician and unless the minor also provides a consent form signed by the parent or legal guardian at the time of first exposure, and the signature on the consent form is witnessed by an operator.

(d) The minor's parent or legal guardian may withdraw the consent form at any time. Unless so withdrawn, the consent form shall expire 1 year from signature. A new consent form shall be provided by the minor, as prescribed in this section at such time.

77 Del. Laws, c. 195, § 1.;