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10.52.06.00.htm 10.52.06.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE 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 and Mental Hygiene.. 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 designa
10.52.06.03.htm 10.52.06.03. 03 Exclusions.. This chapter does not apply to tanning devices intended for use:. A. Other than for the tanning of human skin; or. B. For phototherapy by health professionals trained in the treatment of disease..
10.52.06.04.htm 10.52.06.04. 04 Tanning of Minors.. A person-in-charge may not allow a minor to use a tanning device at a tanning facility without a signed consent form as set forth in Regulation .05 of this chapter.
10.52.06.05.htm 10.52.06.05. 05 Written Consent.. A. The Department shall specify the wording and content of a consent form for the use of tanning devices by minors and make the specifications available at the Department's website and at local health departments.B. A person-in-charge shall use the wording and content of the consent form approved by the Department as noted in §A of this regulation in the consent form used in a tanning facility.C. A person-in-charge shall ensure that a minor's
10.52.06.06.htm 10.52.06.06. 06 Verification of Age.. A person-in-charge may not allow a customer to use a tanning device at a tanning facility without:. A. Confirmation, with a State or federal government-issued identification card, that the individual is not a minor; orB. For a minor, an unexpired signed consent form as set forth in Regulation .05 of this chapter..
10.52.06.07.htm 10.52.06.07. 07 Record Keeping.. An owner, operator, or manager of a tanning facility shall:. A. Maintain a record for each minor customer that includes:. 1) The dates the minor uses a tanning device at the facility;. 2) The duration of exposure to a tanning device at the facility for each minor for each session;. 3) The minor's cumulative exposure to a tanning device at the facility; and. 4) A signed consent form as set forth in Regulation .05 of this chapter; and. B. Upon request, ensure t
10.52.06.08.htm 10.52.06.08. 08 Complaints and Investigations.. A. A person may report a violation of this chapter by a written or telephone complaint 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..
10.52.06.09.htm 10.52.06.09. 09 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.
10.52.06.10.htm 10.52.06.10. 10 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 .11 of this chapter;2) A specific date by which the owner shall correct the violation;. 3) A provision that, if t
10.52.06.11.htm 10.52.06.11. 11 Penalties.. The penalties for a violation of Regulation .04, .05C, D, or E, or .06 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..
10.52.06.12.htm 10.52.06.12. 12 Request for Hearing.. A. A person who receives a notice of violation with a penalty for a violation of Regulation .04, .05C, D, or E, or .06 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 Departme
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).
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