(a) Customer notice.
  (1) A tanning facility operator shall give each customer a written statement warning that:
    (A) failure to use the eye protection provided to the customer by the tanning facility may result in permanent damage to the eyes;
    (B) overexposure to ultraviolet light causes burns;
    (C) repeated exposure may result in premature aging of the skin and skin cancer;
    (D) abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain:
      (i) foods;
      (ii) cosmetics; or
      (iii) medications, including:
        (I) tranquilizers;
        (II) diuretics;
        (III) antibiotics;
        (IV) high blood pressure medicines; or
        (V) birth control pills;
    (E) any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device;
    (F) pregnant women should consult their physicians before using a tanning device;
    (G) a person with skin that always burns easily and never tans should avoid a tanning device; and
    (H) a person with a family or past medical history of skin cancer should avoid a tanning device.
  (2) Compliance with the notice requirements does not affect the liability of a tanning facility operator or a manufacturer of a tanning device.
(b) Signed warning statement.
  (1) Each time a customer uses a tanning facility's tanning device for the first time and each time a person executes or renews a contract to use a tanning facility, the person shall provide photo identification and shall sign and date a written statement acknowledging that the person has read and understood the required warnings in §229.350 of this title (relating to Warning Signs) and subsection (a) of this section before using the device and agrees to use protective eyewear.
  (2) A tanning facility may not allow a person under the age of 18 years to use a tanning device.
  (3) When a person is visually impaired or cannot read the warning statement, the operator shall read the warning statement in the presence of a witness. The operator and the witness shall sign and date the statement.
(c) Individual customer records.
  (1) An individual customer record shall be kept by the facility operator and shall include:
    (A) the customer's date of birth;
    (B) the total number of tanning visits;
    (C) the length of exposure to each tanning device in minutes and the identity of the device responsible for the exposure;
    (D) the date and time of each exposure;
    (E) any injuries or illnesses resulting from the use of a tanning device;
    (F) any written informed consent statement required to be signed in this section;
    (G) the customer's skin type, as determined by the customer by using the Fitzpatrick scale;
    (H) whether the customer has a family history of skin cancer; and
    (I) whether the customer has a past medical history of skin cancer.
  (2) The operator must ensure that no individual is allowed to use a tanning device more than once every 24 hours.
(d) Incident log. An operator shall maintain a log at each tanning facility of any incident involving an alleged injury, the use of a tanning device by a customer not wearing protective eyewear, a mechanical problem with a tanning device, or a customer complaint. The log shall contain the nature of the incident, the date the incident occurred, the identity of any tanning device involved in the incident, a description of any corrective action taken in response to the incident, and the signature or initials of the operator responsible for determining whether or not corrective action was required.
(e) Record retention. All records required by this section shall be maintained at the tanning facility at least until the third anniversary of the date of the customer's last use of a tanning device.
(f) Access to records. A person who is required to maintain records under this subchapter or a person who is in charge of the custody of those records shall, at the request of an authorized agent or health authority, permit the authorized agent or the health authority access to copy or verify the records at reasonable times.
(g) Disclosure of records.
  (1) Except as provided by paragraph (2) of this subsection, an operator or other person may not disclose a customer record required in subsection (c) of this section.
  (2) An operator or other person may disclose a customer record:
    (A) if the customer, or a person authorized to act on behalf of the customer, requests the record;
    (B) if the commissioner or an authorized agent or health authority requests the record under subsection (f) of this section;
    (C) if the customer consents in writing to the disclosure to another person;
    (D) in a criminal proceeding in which the customer is a victim, witness, or defendant;
    (E) if the record is requested in a criminal or civil proceeding by court order or subpoena; or
    (F) as otherwise required by law.
(h) Electronic records. Records required by this subchapter which are maintained by the tanning facility on computer systems shall be regularly copied, at least monthly, and updated on storage media other than the hard drive of the computer. An electronic record must be retrievable as a printed copy.
(i) Forms. Forms that have been developed by the department for use by tanning facilities will be provided upon request as camera ready copies for reproduction purposes.

Source Note: The provisions of this §229.354 adopted to be effective February 28, 1994, 19 TexReg 926; amended to be effective June 26, 1996, 21 TexReg 5438; amended to be effective August 2, 2001, 26 TexReg 5659; amended to be effective May 26, 2002, 27 TexReg 4358; amended to be effective January 1, 2005, 29 TexReg 11981; amended to be effective December 27, 2010, 35 TexReg 11702; amended to be effective December 14, 2014, 39 TexReg 9698