Section 795.190  Records

a)         At the consumer's initial visit to a tanning facility, and at least annually after the initial visit, the consumer shall be given a written statement of warning as described in Section 795.150(a) and shall sign a written statement acknowledging that he/she has read and has understood the warning statement.  For illiterate or visually handicapped persons, the operator shall read the warning statement to the consumer in the presence of a witness.  Both the witness and the operator shall sign the statement, indicating that it has been read to the consumer.

b)         Each consumer desiring to use the facility shall fill out a form specifying all prescription medicines and over-the-counter (non-prescription) medications the consumer is taking, and any cosmetics and toiletries, including any tanning accelerators, he or she may have applied prior to using the tanning facility.  The consumer shall certify that he or she has not used the services of a tanning facility within the immediately previous 24 hours.  The form or record shall be kept as a confidential, permanent part of the record of the individual's attendance and progress.  Information concerning a consumer's prescription and non-prescription medications as listed on the required form or record shall not be released to any person without the written consent of the consumer.  The information shall be made available to the Department or an agent of the Department during the regular course of an inspection.

c)         No person under 18 years of age shall be allowed to use tanning equipment, either alone or in the presence of another individual.  Proof of age shall be verified by a government-issued identification (ID) that contains both a birth date and picture. A copy of the ID shall not be required to be maintained on site.

d)         The facility operator shall keep a record of each consumer's total number of tanning visits, dates and duration of tanning exposures and the tanning equipment used.  The records shall be kept as a permanent part of the record of the individual's attendance and progress.  Records shall be maintained and available for inspection for a minimum of five years past a facility's termination of business.

e)         Information required by this Section that the facility maintains on computer systems shall be regularly copied, at least monthly, and updated on storage media other than the hard drive of the computer.

(Source:  Amended at 38 Ill. Reg. 11802, effective May 21, 2014)