An Act To Reduce Youth Cancer Risk
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §689-A is enacted to read:
§ 689-A. Tanning facilities; minors
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Operator" means a person designated by the owner of a tanning facility or the lessee of a tanning device to operate, or to assist and instruct in the operation and use of, a tanning facility or tanning device.
B. "Tanning device" means equipment that emits electromagnetic radiation having wavelengths in air between 200 and 400 nanometers that is used for the tanning of human skin. "Tanning device" includes a sunlamp, tanning booth or tanning bed.
C. "Tanning facility" means any location, place, area, structure or business that provides persons access to a tanning device, including tanning salons, health clubs, apartments and condominiums, regardless of whether a fee is charged for access to the tanning device, except that "tanning facility" does not include:
(1) The practice of a health practitioner licensed under Title 32 who uses diagnostic or therapeutic equipment that emits ultraviolet radiation and whose scope of license prior to the effective date of this section includes the intentional exposure of individuals to sources of radiation for diagnostic or treatment purposes; or
(2) The residence of an individual who owns a tanning device exclusively for personal, noncommercial use.
2. Prohibition. An owner of a tanning facility, a lessee of a tanning device or an operator may not allow an individual who has not yet reached 18 years of age to use a tanning device. Proof of age may be satisfied with a driver's license or other government-issued identification containing the date of birth and a photograph of the individual.
3. Notice. An owner of a tanning facility or a lessee of a tanning device shall post in a conspicuous place in the tanning facility notice, in a form developed by the department, that it is unlawful for a tanning facility or operator to allow a person under 18 years of age to use a tanning device, that a tanning facility or operator that violates the provisions of this section is subject to penalties and that an individual may report a violation of this section to the radiation control program of the Maine Center for Disease Control and Prevention.
4. Violation; penalty. A person who violates this section is subject to penalties in accordance with section 690.
summary
This bill prohibits tanning facilities and operators from allowing individuals who have not attained 18 years of age to use tanning devices.