4713-19-09 Maintaining records.

(A) The operator of a tanning facility shall maintain a record for each individual patron that includes dates the patron was exposed to ultra violet light, the length of exposure, and other required data as set forth in this chapter. This record shall be completed and initialed by the patron prior to each tanning session, and must be kept on file for one year from the date of the patron's last exposure. The record shall include the following:

(1) Date of most recent exposure to UVA/UVB;

(2) Acknowledgment that the patron has reviewed the photosensitive safety warning;

(3) Acknowledgment of receipt of protective eyewear;

(4) Acknowledgment that the patron has been advised of maximum exposure time for the session in the unit to which the patron has been assigned;

(5) This record shall also include the following warning: "some harmful changes which may be caused by repeated overexposure to UVA/UVB radiation include cataracts, skin cancer, premature aging and possible photosensitive reactions when using perfumes, cosmetics and certain drugs, including some antibiotics and birth control pills."

(6) All customers shall have their skin type computed and annotated on their customer card or electronic record prior to their first tanning session. The tanning facility shall retain the full and accurate computed skin type for each customer and shall produce the skin type at the request of an inspector or investigator from the board or at the request of a patron.

(B) If the patron is under eighteen years of age, the operator shall obtain the written consent from the parent or legal guardian of the patron prior to any tanning session. This written consent shall be signed at the permitted location in front of a certified operator or attendant, and shall specify the number of sessions consented to, and shall become part of the record of the patron. The minor patron may then alone sign the patron card for the remainder of the consented sessions.

(C) Tanning facilities which maintain records on computer or data processing equipment may use a single paper sign-in sheet for all patrons tanning in a single day. By the end of every day the tanning facility is open for business, the tanning facility shall transfer the information from the paper sign-in sheet about each individual patron to the patron's permanent file.

(D) Tanning facilities which utilize electronic signatures and/or biometric customer identification (finger canner) may utilize the electronic scan or electronic signature in place of the aforementioned paper sign in sheet acknowledged in paragraph (C) of this rule, providing they demonstrate the system to be accurate.

(E) Electronic or biometric devices shall have the following warning immediately adjacent to the device: "by placing your finger on this scanner you agree that you have read the following caution statements and that you agree to the times on this placard.

Warning: Some harmful changes which may result from repeated overexposure to UVA/UVB radiation includes: cataracts, skin cancers, premature aging of the skin, and possible photosensitive reactions when using certain perfumes, cosmetics and drugs including some antibiotics and birth control pills.

If you are 17 years old or younger, you must provide written consent signed by a parent or legal guardian. This consent form shall be a board approved form. The consent form shall be signed in the tanning facility in the presence of a certified operator.

I have been provided and agree to wear protective eye wear.

I have been provided and reviewed a copy of the photosensitive safety warning and agree that I am not taking any drugs or using any products that may have a photosensitizing effect with the use of ultraviolet tanning equipment.

My finger scan will be viewed as my signature that I am in agreement with these statements and I have been instructed on the proper used of the tanning equipment."

Replaces: 4713-19-09

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 1/8/85, 3/16/90, 2/24/91, 1/26/97, 1/17/02, 1/10/04