(a) A tanning facility shall provide to any patron who wishes to use a tanning device located within its tanning facility a disclosure and consent form relating to use of a tanning device that contains the current United States Food and Drug Administration warning as follows: "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 DO SO MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult physician before using tanning device if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from use of this product."
The disclosure and consent form must have a place for the patron's signature and the date. A signed and dated copy of the disclosure and consent form shall be maintained by the tanning facility and remains valid for one year from the date it was signed.
(b) All patrons are required to present proof of age prior to
use of a tanning device. Proof of age shall be satisfied with a
driver's license or other government-issued identification
containing the date of birth and a photograph of the individual. Persons under the age of eighteen may not be permitted to use a
tanning device without the prior written consent of the person's
parent or legal guardian. Photographic identification of the
parent or legal guardian is required. A copy of the signed
parental or legal guardian consent shall be maintained by the
tanning facility and remains valid for one year from the date it
was signed. Persons under the age of fourteen may not be permitted
to use a tanning device.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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