(a) A tanning facility shall have an operator present during operating hours.     
      (b) Each operator must be sufficiently trained and knowledgeable in the correct operation of the tanning devices used at the facility to adequately inform and assist each customer in the proper use of the tanning devices. A record of all training received by each operator shall be kept at the tanning facility where the operator is employed. The record shall be signed by the operator and the owner or owner's designee. The operator must be able to demonstrate such knowledge concerning the:      
        (1) requirements of this subchapter and the Act;       
        (2) procedures for correct operation of the facility;       
        (3) recognition of injury or overexposure;       
        (4) manufacturer's procedures for operation and maintenance of all tanning devices;       
        (5) emergency procedures in case of injury;       
        (6) classification of consumer skin types and the recommended exposure times for all skin types; and       
        (7) maintenance of records required by §229.354 of this title (relating to Records).       
      (c) The operator must understand, be competent to explain, and at a minimum, instruct, inform, and assist each customer using a tanning device for the first time of:      
        (1) the potential hazards and protective measures associated with ultraviolet radiation exposure;       
        (2) the requirement to wear protective eyewear at all times while using the tanning device;       
        (3) the possibility of photosensitivity and photoallergenic reaction of some persons to drugs, medicine, and other agents when subjected to sun and ultraviolet radiation exposure;       
        (4) the correlation between skin type and exposure time; and the maximum exposure time of the facility's devices;       
        (5) the biological process of tanning;       
        (6) the dangers and necessity of avoiding overexposure; and       
        (7) the location and operation of the exposure termination control for the tanning device.       
      (d) If an operator suspects that possible harm may result from tanning, the customer should be advised to consult their private physician.     
      (e) Written procedures shall be established and maintained at the tanning facility which describe the requirements operator(s) will follow for the correct use of tanning device(s), to include:      
        (1) instructions to the customer;       
        (2) use of protective eyewear;       
        (3) suitability of prospective customers for tanning device use;       
        (4) determination of duration of tanning exposures;       
        (5) periodic testing of tanning device(s) and timer(s);       
        (6) handling of complaints of injury or illness from customers; and       
        (7) records to be maintained on each customer.       
      (f) No operator may permit any person under 18 years of age to use a tanning device.     
      (g) No operator may permit any person to use a tanning device for the first time unless the person has displayed a driver's license or other form of identification containing the person's photograph and date of birth verifying that the person is 18 years of age or older.     
     Source Note:        The provisions of this §229.353 adopted to be effective February 28, 1994, 19 TexReg 926; amended to be effective August 2, 2001, 26 TexReg 5659; amended to be effective December 27, 2010, 35 TexReg 11702; amended to be effective December 14, 2014, 39 TexReg 9698