2006 Louisiana Laws - RS 40:2714 — Information provided to consumer

§2714.  Information provided to consumer

A.  The tanning facility operator shall provide each consumer, receipt of which is acknowledged by the consumer, prior to initial exposure, a written statement warning that:

(1)  Failure to use the eye protection provided to the customer by the tanning facility 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.

(c)  Medications, including tranquilizers, diuretics, antibiotics, high blood pressure medicines, and oral contraceptives.

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

(6)  A person should not sunbathe before or after exposure to ultraviolet radiation from sunlamps.

B.  Compliance with the notice and warning requirements shall not affect the liability of a tanning facility operator or manufacturer of a tanning device.

C.  The registrant shall maintain for six years a record of each consumer's total number of tanning visits, dates, and duration of tanning exposures.

D.  The registrant shall submit to the department a written report of actual or alleged injury from use of registered tanning equipment within five working days after occurrence or notice thereof.  The report shall include:

(1)  The name of the affected individual.

(2)  The name, location, and registration number of the tanning facility and identification of the specific tanning equipment involved.

(3)  The nature of the actual or alleged injury.

(4)  Any other information relevant to the actual or alleged injury, including the date and duration of exposure.

E.  Before any person between fourteen and eighteen years of age uses a tanning device, the tanning facility shall secure a statement signed at the tanning facility by the person's parent or tutor stating that the parent or tutor has read and understood the warnings given by the tanning facility, consents to the minor's use of a tanning device, and agrees that the minor will use the protective eyewear that the tanning facility provides.  A person under fourteen years of age shall be accompanied by a parent or tutor when using a tanning device.

F.  The registrant shall replace defective or burned out lamps, bulbs, or filters with a type intended for use in the affected tanning equipment as specified on the product label and having the same spectral distribution.

G.  The registrant shall replace ultraviolet lamps and bulbs which are not otherwise defective or damaged, at such frequency or after such duration of use as may be recommended by the manufacturer of such lamps and bulbs.

H.  The registrant shall certify that all tanning equipment operators are adequately trained in at least the following:

(1)  The requirements of this Chapter.

(2)  Procedures for correct operation of the tanning facility and tanning equipment.

(3)  Recognition of injury or overexposure to ultraviolet radiation.

(4)  The tanning equipment manufacturer's procedures for operation and maintenance of the tanning equipment.

(5)  The determination of skin type of consumers and appropriate determination of duration of exposure to registered tanning equipment.

(6)  Emergency procedures to be followed in case of injury.

I.  Effective October 1, 1991, the registrant shall limit the operation of tanning equipment to persons who have successfully completed formal training courses which cover the provisions of Subsection H of this Section and have been approved by the department.

J.  The registrant shall maintain a record of operator training required in Subsection I of this Section for inspection by authorized representatives of the department.

Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.