N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 72-1.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 72-1.8 - Patron identification and acknowledgment requirements

(a) Age verification.

(1) The operator shall require each patron to provide a driver's license or other photo identification issued by a government entity or educational institution indicating that the patron is at least 18 years of age.

(2) No person under eighteen (18) years of age shall be permitted to use an ultraviolet radiation device.

(b) The operator shall provide to all patrons the Department's Tanning Hazards I nformation S heet which advises of health risks and conditions under which the use of ultraviolet radiation is contraindicated, such as the use of photosensitizing drugs. Prior to initial exposure, each patron shall also be provided the opportunity to read a copy of the warning sign specified in Section 72-1.9(a)(2) of these rules.

(c) Statement of acknowledgment.

(1) During the initial visit to the tanning facility, the operator shall require that each patron sign a statement that the warning sign and Tanning Hazard Information Sheet has been read and understood prior to using any ultraviolet radiation device, and that the patron agrees to wear adequate protective eyewear.

(2) No person shall undergo ultraviolet radiation exposure without such a signed statement on file.

(3) The operator or a designated employee shall also sign and date the statement.

(d) Consent form. The operator shall not permit persons 17 years of age to 18 years of age to use ultraviolet radiation devices until such persons provide the tanning facility operator or an employee responsible for the operation of the ultraviolet radiation device of such facility (per section 3555[2] of PHL) with the written consent form, prescribed by the commissioner, indicating the following conditions have been met:

(1) Prior to the initial ultraviolet radiation exposure, the parent or legal guardian shall sign and date the consent form in the presence of the operator or an employee responsible for the operation of the ultraviolet radiation device of such facility (per section 3555[2] of PHL).

(2) By signing the consent form, the parent or legal guardian and persons 17 years of age to 18 years of age acknowledges that they have read the warnings required in section 72-1.9(a) of this Subpart and have received the information specified in subdivision (b) of this section.

(3) By signing the consent form, the parent or legal guardian acknowledges that the person(s) 17 years of age to 18 years of age has agreed to wear protective eyewear.

(4) The operator or a designated employee shall also sign and date the form.

(5) The written consent form signed by a parent or legal guardian shall expire 12 months from the date it was signed.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 72-1.8

Amended New York State Register January 5, 2022/Volume XLIV, Issue 01, eff. 1/5/2022