Tennessee § 68-117-104 - Requirements.

§ 68-117-104. Requirements.

A tanning facility shall: Have a trained attendant on duty whenever the facility is open for business; Provide each customer with protective eyewear that meets the requirements of 21 CFR 1040.20(c)(4); Not allow a person to use a tanning device if that person does not use the protective eyewear; Show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer; Limit each customer to the maximum exposure time as recommended by the manufacturer; and Control the interior temperature of a tanning facility so that it does not exceed thirty-four degrees centigrade (34° C). 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 shall sign a written statement, as set forth in this chapter, that the person: Has read and understood the warnings before using the device; and Agrees to use the protective eyewear that the tanning facility provides. When using a tanning device, a person shall use the protective eyewear that the tanning facility provides. Except as otherwise provided in subdivision (b)(3)(B), a person between sixteen (16) and eighteen (18) years of age shall be accompanied by the person's parent or legal guardian when using a tanning device. The accompanying parent or legal guardian must provide photo identification, provide proof of guardianship if applicable, and sign a warnings statement on a form issued by the department of health that complies with § 68-117-106 and states that the legal guardian is giving consent for use of a tanning device to the person who is between sixteen (16) and eighteen (18) years of age. The department of health shall issue a warning statement form that complies with this subdivision (b)(3)(A) on its website. A person between sixteen (16) and eighteen (18) years of age who has used a tanning device at a tanning facility in compliance with subdivision (b)(3)(A) may use a tanning device at that tanning facility without the parent or guardian present on a subsequent visit as long as the signed statement required by subdivision (b)(3)(A) remains on file with the tanning facility. A person under sixteen (16) years of age is prohibited from using a tanning device at a tanning facility. The operator of the tanning facility shall maintain the signed statements provided for in subdivision (b)(3) for a period of not less than two (2) years and shall make them available for inspection upon request. Acts 1990, ch. 845, § 1; T.C.A., § 68-54-104 ; Acts 2002, ch. 528, §§ 1-5; 2018, ch. 608, § 1. Compiler's Notes. Former title 68, ch. 54, §§ 68-54-101 — 68-54-105 , was transferred to title 68, ch. 117, §§ 68-117-101 — 68-117-105 , respectively, in 1992. Amendments. The 2018 amendment rewrote (b)(3) and (b)(4) which read: “(3) A person between fourteen (14) and eighteen (18) years of age shall either be accompanied by the person's parent or legal guardian who shall present photo identification and sign the warnings statement provided for in this chapter, or shall provide the tanning facility with a notarized statement signed by the person's parent or legal guardian giving consent for use of a tanning device and stating the relationship with the person who is under eighteen (18) years of age, as well as a warning statement as provided for in this chapter signed by the parent or legal guardian.“(4) A person under fourteen (14) years of age shall be accompanied by a parent or legal guardian when using a tanning device. The accompanying parent or legal guardian shall provide photo identification and shall sign the warnings statement provided for in this chapter, as well as sign a statement stating the relationship with the child who is under fourteen (14) years of age.” and deleted “and the notarized statements” preceding “provided for” in (b)(5). Effective Dates. Acts 2018, ch. 608, § 2. April 2, 2018.