(a) A tanning facility shall:

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Terms Used In Tennessee Code 68-117-104

  • Contract: A legal written agreement that becomes binding when signed.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • Tanning device: means any equipment that emits radiation used for tanning of the skin, such as a sun lamp, tanning booth, or tanning bed, and includes any accompanying equipment, such as protective eyewear, timers and handrails. See Tennessee Code 68-117-102
  • Tanning facility: means any place where a tanning device is used for a fee, membership dues, or any other compensation. See Tennessee Code 68-117-102
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Have a trained attendant on duty whenever the facility is open for business;
(2) Provide each customer with protective eyewear that meets the requirements of 21 C.F.R. § 1040.20(c)(4);
(3) Not allow a person to use a tanning device if that person does not use the protective eyewear;
(4) 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;
(5) Limit each customer to the maximum exposure time as recommended by the manufacturer; and
(6) Control the interior temperature of a tanning facility so that it does not exceed thirty-four degrees centigrade (34° C).
(b)

(1) 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:

(A) Has read and understood the warnings before using the device; and
(B) Agrees to use the protective eyewear that the tanning facility provides.
(2) When using a tanning device, a person shall use the protective eyewear that the tanning facility provides.
(3)

(A) 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.
(B) 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.
(4) A person under sixteen (16) years of age is prohibited from using a tanning device at a tanning facility.
(5) 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.
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