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10.52.06.00.htm 10.52.06.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 52 PREVENTIVE MEDICINE Chapter 06 Use of Tanning Devices by Minors Authority: Health-General Article, §20-106, Annotated Code of Maryland
10.52.06.01.htm 10.52.06.01. 01 Scope.. A. This chapter establishes regulations on the use of tanning devices by minors.. B. Nothing in this chapter preempts a county or municipal government from enacting and enforcing more stringent measures to regulate the use of tanning devices by minors.
10.52.06.02.htm 10.52.06.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Customer” means a member of the public who is provided access to a tanning device in exchange for a fee, membership dues, or other compensation.2) “Department” means the Maryland Department of Health.. 3) “Health officer” means the health officer of each of the 23 counties in Maryland and the Commissioner of Health in Baltimore City, the duly designated representative of the
10.52.06.03.htm 10.52.06.03. 03 Exclusions.. This chapter does not apply to the use of any phototherapy device by a health care practitioner acting within the scope of the license of the health care practitioner or by order of a health care practitioner acting within the scope of the license of the health care practitioner.
10.52.06.04.htm 10.52.06.04. 04 Verification of Age.. A person-in-charge may not allow a customer to use a tanning device at a tanning facility without confirmation, with a State or federal government-issued identification card, that the individual is not a minor.
10.52.06.05.htm 10.52.06.05. 05 Posting of Notices.. A. A tanning facility shall display conspicuously a notice that conforms to the requirements of §B of this regulation.B. The notice shall state:. 1) That it is unlawful for a tanning facility owner, employee, or operator to allow a minor to use any tanning device;2) That a tanning facility owner, employee, or operator that violates one or more provisions of this section may be subject to a civil penalty;3) The health risks associated with tanning, inclu
10.52.06.06.htm 10.52.06.06. 06 Complaints and Investigations.. A. A person or law enforcement officer may report a violation of this chapter to the health officer in the jurisdiction where the alleged violation took place.B. The Department shall make available a complaint form at the Department's website and at a local health department.C. Upon receipt of a complaint, the health officer shall investigate the complaint..
10.52.06.07.htm 10.52.06.07. 07 Enforcement.. A. A health officer may investigate conditions relative to the enforcement of this chapter.. B. The person-in-charge of a tanning facility shall permit a health officer to enter the tanning facility during business hours for the purpose of determining compliance with this chapter.C. If an investigation is made, the health officer shall:. 1) Document:. a) The result of the investigation on a report form provided by the Department; and.
10.52.06.08.htm 10.52.06.08. 08 Violations and Certification of Correction.. A. The health officer shall provide the owner of a tanning facility found in violation of a provision of this chapter or Health-General Article, §20-106, Annotated Code of Maryland, with a written notice that contains:1) The specific finding and, if applicable, the penalty for the violation, as set forth in Regulation .09 of this chapter;2) A specific date by which the owner shall correct the violation;. 3) A provision that, if t
10.52.06.09.htm 10.52.06.09. 09 Penalties.. The penalties for a violation of Regulation .04 or .05 of this chapter, or of Health-General Article, §20-106, Annotated Code of Maryland, are:A. A letter of reprimand for the first violation;. B. A civil penalty of $250 for a second violation;. C. A civil penalty of $500 for a third violation; and. D. A civil penalty of $1,000 for each subsequent violation..
10.52.06.10.htm 10.52.06.10. 10 Request for Hearing.. A. A person who receives a notice of violation with a penalty for a violation of Regulation .04 or .05 of this chapter, or of Health-General Article, §20-106, Annotated Code of Maryland, may request a hearing on the notice of violation with a penalty.B. In order to preserve a right to a hearing on a violation with a penalty under this chapter, if a hearing is desired, a person shall submit a written request to the Department’s Environmental Health
10.52.06.9999.htm 10.52.06.9999. Administrative History Effective date: June 29, 2009 (36:13 Md. R. 900). Regulation .12B amended effective March 14, 2016 (43:5 Md. R. 385) ―. Chapter revised effective October 5, 2020 (47:20 Md. R. 875).
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