Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 223 - RULES RELATING TO TANNING FACILITIES
Section 144-223-2 - DEFINITIONS

Universal Citation: 10 ME Code Rules ยง 144-223-2

Current through 2024-38, September 18, 2024

The following terms are defined for purposes of these rules:

A. "Act" means 22 M.R.S. Chapter 160.

B. "Consumer" means any member of the public who is provided access to a tanning facility in exchange for a fee or other compensation, or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning facility as a condition or benefit of membership or access.

C. "CFR" means Code of Federal Regulations.

D. "Department" means the Department of Health and Human Services.

E. Formal operator training" means a course of instruction pre-approved by the Department conducted or presented under formal classroom conditions, a correspondence program, or through a computer-based program by a person possessing adequate knowledge and experience to offer the curriculum, associated training, and certification testing pertaining to and associated with, the safe use of tanning equipment. Training shall cover ultraviolet radiation and effects on the skin, photosensitivity, eye protection, equipment maintenance, FDA regulations and the provisions of these rules.

F. "Healing arts" means any discipline which involves the diagnosis or treatment of individuals by a practitioner who is licensed for that purpose by the State of Maine, and which discipline, prior to the effective date of these regulations, included the intentional exposure of individuals to sources of radiation for diagnosis or treatment.

G. "Individual" means any human being.

H. "Informal Training" means an operator trained by a formally trained operator of the same facility.

I. "Injury" means physical damage or negative effects to the body, resulting from the use of tanning equipment.

J. "Inspection" means an official examination or observation including, but not limited to tests, surveys, and monitoring to determine compliance with rules, regulations, orders, requirements and conditions of the Agency.

K. "Minor" means any individual who is under 18 years of age.

L. "Mobile facilities" means any tanning equipment not used in a permanent facility.

M. "Operator" means an individual designated by the Registrant to control operation of the tanning facility and to instruct and assist the consumer in the proper operation of the tanning equipment. Under this definition, the term "operator" means any formally or informally trained individual who conducts one or more of the following activities:

1 Determine customer's skin type;

2 Determine the suitability for the use of a piece of tanning equipment by prospective customers;

3 Inform the customer of the dangers of ultraviolet radiation exposure, including photoallergic reactions and photosensitizing agents;

4 Assure that the customer reads and properly signs all forms required by these rules;

5 Maintain required customer exposure records;

6 Recognize and report customer injuries or alleged injuries to the Department;

7 Determine the customers' exposure schedule;

8 Set timers which control the duration of exposure; and

9 Instruct the customer in the proper use of protective eyewear.

N. "Person" 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 the foregoing.

O. "Personal Use" means operating a single tanning unit for the individual purpose of cosmetic tanning. Personal use implies that the unit will not be used for any business purpose. Multiple tanning units can not be used as personal use.

P. "Protective eyewear" means suitable devices that safeguard the eyes from ultraviolet radiation and allows adequate vision.

Q. "Radiation" for the purpose of this part means ultraviolet radiation.

R. "Radiation machine" means any device capable of producing radiation.

S. "Registrant" means any person who obtains a registration from the Agency upon payment of the registration fee, and who is obligated to obtain such registration from the Department pursuant to these regulations and the Act.

T. "Registration" means registration with the Department in accordance with regulations adopted by the Department.

U. "Sanitize" means the effective bactericidal treatment of surfaces of equipment and devices by an EPA or FDA registered product that provides a sufficient concentration of chemicals and enough time to reduce the bacterial count, including pathogens, to a safe level. Chemical germicides that are registered with EPA as hospital disinfectants when used at recommended dilutions and directions may be approved for sanitizing tanning equipment. The Department maintains a list of approved sanitizers.

V. "Tanning equipment" means ultraviolet lamps and equipment containing ultraviolet lamps intended to induce skin tanning through the irradiation of any part of the living human body.

W. "Tanning facility" means any location, place, area, structure or business which provides consumers access to tanning equipment.

X. "These regulations" or "these rules" mean both the Maine Rules Relating to Radiation Protection, 10-144 CMR 220 and the Maine Rules Relating to Tanning Facilities, 10-144 CMR 223.

Y. "Ultraviolet radiation" means electromagnetic radiation with wavelengths in air between two hundred (200) manometers and four hundred (400) nanometers.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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