Section 313-A:30 Operational Requirements.
I. Operators shall have sufficient knowledge in the operation of the tanning devices, including but not limited to:
(a) Requirements of this section and of 21 CFR 1040.20;
(b) Proper use of U.S.F.D.A. Recommended Exposure Schedule;
(c) Procedures for correct operation of the tanning facility/device;
(d) Recognition of injuries and the facility's procedures for handling such injuries from overexposure to ultraviolet radiation;
(e) Manufacturer's procedures for operation and maintenance of the tanning device;
(f) Proper use of protective eyewear;
(g) Emergency procedures in case of injury;
(h) Effects of UV radiation, acute and chronic exposure, biological effects and health risks;
(i) Photosensitizing agents; and
(j) Recognition of the 6 skin types and the Fitzpatrick Scale.
II. Operators shall be trained in all of the areas listed in paragraph I. Training shall be received through curricula and programs approved by the board. A tanning facility shall maintain a list of the facility's operators who have been trained in accordance with this section. Such list shall include the date of the training and shall be available for inspection by the board.
III. Operators shall obtain proof of age from each tanning device user pursuant to RSA 313-A:31, I.
IV. Operators shall read aloud and shall provide each tanning device user with a written consent statement containing the wording listed below and the Fitzpatrick Scale. In the event that the user is under the age of 18, this wording shall be read to the user's parent or guardian. Operators shall obtain the signature of the user or parent or guardian on the written consent prior to the initial exposure to the tanning device. The consumer consent form shall include the following wording in at least size 12 font:
""DANGER--ULTRAVIOLET RADIATION
Follow instructions.
Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions.
Repeated exposure may cause premature aging of the skin and skin cancer.
Wear protective eyewear. Failure to use protective eyewear may result in severe burns or long-term injury to the eyes.
Medication or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.''
V. Upon notification by a consumer of a complaint or an alleged tanning injury, a registrant shall provide information to the consumer about how complaints may be filed with the board.
VI. The tanning facility registrant shall maintain a record for each individual tanning device user which shall include dates exposed, length of exposure and signed consent form. Records shall be maintained for a minimum of 3 years or 3 years past the age of majority of the client.
Source. 2004, 177:13, eff. Jan. 1, 2005.