Louisiana Revised Statutes 40:2714 – Information provided to consumer
Terms Used In Louisiana Revised Statutes 40:2714
- Consumer: means any individual who is provided access to a tanning facility which is required to be registered pursuant to provisions of this Chapter. See Louisiana Revised Statutes 40:2703
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2703
- Individual: means any human being. See Louisiana Revised Statutes 40:2703
- Operator: means any individual designated by the registrant to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment. See Louisiana Revised Statutes 40:2703
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Persons: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities. See Louisiana Revised Statutes 40:2703
- Registrant: means any person who is registered with the department as required by provisions of this Chapter. See Louisiana Revised Statutes 40:2703
- Registration: means registration with the department in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 40:2703
- Tanning equipment: means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation. See Louisiana Revised Statutes 40:2703
- Tanning facility: means any location, place, area, structure, or business which provides consumers access to tanning equipment. See Louisiana Revised Statutes 40:2703
- Ultraviolet radiation: means electromagnetic radiation with wavelengths in air between two hundred nanometers and four hundred nanometers. See Louisiana Revised Statutes 40:2703
A. The tanning facility operator shall provide each consumer, receipt of which is acknowledged by the consumer, prior to initial exposure, a written statement warning that:
(1) Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes.
(2) Overexposure to ultraviolet light causes burns.
(3) Repeated exposure may result in premature aging of the skin and skin cancer.
(4) Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain:
(a) Foods.
(b) Cosmetics.
(c) Medications, including tranquilizers, diuretics, antibiotics, high blood pressure medicines, and oral contraceptives.
(5) Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device.
(6) A person should not sunbathe before or after exposure to ultraviolet radiation from sunlamps.
B. Compliance with the notice and warning requirements shall not affect the liability of a tanning facility operator or manufacturer of a tanning device.
C. The registrant shall maintain for six years a record of each consumer’s total number of tanning visits, dates, and duration of tanning exposures.
D. The registrant shall submit to the department a written report of actual or alleged injury from use of registered tanning equipment within five working days after occurrence or notice thereof. The report shall include:
(1) The name of the affected individual.
(2) The name, location, and registration number of the tanning facility and identification of the specific tanning equipment involved.
(3) The nature of the actual or alleged injury.
(4) Any other information relevant to the actual or alleged injury, including the date and duration of exposure.
E. The registrant shall place, at the entrance of the tanning facility, signage that states “LOUISIANA LAW PROHIBITS PERSONS UNDER 18 YEARS OF AGE FROM USING ANY TANNING FACILITY EQUIPMENT THAT EMITS ULTRAVIOLET LIGHT FOR THE PURPOSE OF SKIN TANNING”. The signage shall have dimensions of at least eight inches by ten inches.
F. The registrant shall replace defective or burned out lamps, bulbs, or filters with a type intended for use in the affected tanning equipment as specified on the product label and having the same spectral distribution.
G. The registrant shall replace ultraviolet lamps and bulbs which are not otherwise defective or damaged, at such frequency or after such duration of use as may be recommended by the manufacturer of such lamps and bulbs.
H. The registrant shall certify that all tanning equipment operators are adequately trained in at least the following:
(1) The requirements of this Chapter.
(2) Procedures for correct operation of the tanning facility and tanning equipment.
(3) Recognition of injury or overexposure to ultraviolet radiation.
(4) The tanning equipment manufacturer’s procedures for operation and maintenance of the tanning equipment.
(5) The determination of skin type of consumers and appropriate determination of duration of exposure to registered tanning equipment.
(6) Emergency procedures to be followed in case of injury.
I. The registrant shall limit the operation of tanning equipment to persons who have successfully completed formal training courses that cover the provisions of Subsection H of this Section and have been approved by the department.
J. The registrant shall maintain a record of operator training required in Subsection I of this Section for inspection by authorized representatives of the department.
Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1; Acts 2014, No. 193, §1.