10-144-223 Me. Code R. § 1

Current through 2024-51, December 18, 2024

Section 144-223-1 - PURPOSE AND DEFINITIONS

A.Purpose. This rule governs any tanning facilities using ultraviolet lamps by including maintenance and operation requirements. Nothing in this section shall be interpreted as limiting the intentional exposure of patients to ultraviolet radiation for the purpose of treatment or use commensurate with the licensed practitioner's use of a healing art.

B.Definitions. The definitions in this rule supplement the definitions in the applicable statutes.

1.Act means 22 MRS Chapter 160, Radiation Protection Act.

2.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.

3.CFR means Code of Federal Regulations.

4.Department means the Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention.

5.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, the United States Food and Drug Administration (FDA) regulations and the provisions of this rule.

6.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.

7.Individual means any human being.

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

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

10.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 Department.

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

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

13.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 individual who is formally or informally trained to conduct one or more of the following activities, to:

a. Determine a customer's skin type;

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

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

d. Ensure that the customer reads and properly signs all forms required by this rule;

e. Maintain required customer exposure records;

f. Recognize and report customer injuries or alleged injuries to the Department;

g. Determine the customers' exposure schedule;

h. Set timers which control the duration of exposure; and

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

14.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.

15.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 cannot be used as personal use.

16.Phototherapy device means equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury.

17.Protective eyewear means suitable devices that safeguard the eyes from ultraviolet radiation and allow adequate vision.

18.Radiation means ultraviolet radiation.

19.Radiation machine means any device capable of producing radiation.

20.Registrant means any person who obtains a registration from the Department upon payment of the registration fee, and who is obligated to obtain such registration from the Department pursuant to this rule and the Act.

21.Registration means registration with the Department in accordance with this rule and the Act.

22.Sanitize means the effective bactericidal treatment of surfaces of equipment and devices by an Environmental Protection Agency (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.

23.Tanning equipment or tanning device means ultraviolet lamps and equipment containing ultraviolet lamps intended to induce skin tanning through the irradiation of any part of the living human body and any equipment used with such device, including but not limited to protective eyewear, timers, and handrails. "Tanning device" includes a sunlamp, tanning booth, or tanning bed, but does not include a phototherapy device used or prescribed for use by a physician.

24.Tanning facility means any location, place, area, structure or business which provides consumers access to tanning equipment, including tanning salons, health clubs, apartments and condominiums, regardless of whether a fee is charged for access to the tanning equipment.

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

10-144 C.M.R. ch. 223, § 1