An Act To Reduce Youth Cancer Risk
Maine Legislature, Session 129, LD 1297
Committee: Health and Human Services
Sponsors: PERRY, MOORE, HANINGTON, HYMANSON, MADIGAN, MEYER, DAVIS, ROSEN, VITELLI
Amends: 22 MRSA §689-A

Legislative Document
No. 1297
H.P. 940
House of Representatives, March 19, 2019
An Act To Reduce Youth Cancer Risk
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PERRY of Calais.
Cosponsored by Senator MOORE of Washington and
Representatives: HANINGTON of Lincoln, HYMANSON of York, MADIGAN of Waterville, 
McCREIGHT of Harpswell, MEYER of Eliot, Senators: DAVIS of Piscataquis, ROSEN of 
Hancock, VITELLI of Sagadahoc.
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.  "Phototherapy device" means equipment that emits ultraviolet radiation and is 
used in the diagnosis or treatment of disease or injury.
C.  "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 and any equipment used with that equipment, 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.
D.  "Tanning facility" means a 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.
2.  Prohibition.  An owner of a tanning facility, a lessee of a tanning device or an 
operator may not allow an individual under 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:
A.  That it is unlawful for a tanning facility, a lessee of a tanning device or an 
operator to allow an individual under 18 years of age to use a tanning device;
B.  That a tanning facility, a lessee of a tanning device or an operator that violates the 
provisions of this section is subject to penalties;
C.  That an individual may report a violation of this section to the local law 
enforcement agency or radiation control program of the Maine Center for Disease 
Control and Prevention; and
D.  That the health risks associated with tanning include but are not limited to skin 
cancer, premature aging of the skin, burns to the skin and adverse reactions to certain 
medications, foods and cosmetics.
4.  Written statement.  An owner of a tanning facility, a lessee of a tanning device 
or an operator shall provide to every customer prior to that customer's first use in that 
calendar year of that particular tanning device a written statement that must be signed by 
the customer prior to use of the tanning device.  The statement must be developed by the 
department and must include:
A.  The information required in the notice set forth in subsection 3;
B.  An acknowledgment signed by the customer indicating that the customer 
understands the notice posted in accordance with subsection 3 and the information set 
forth pursuant to paragraph A; and
C.  An agreement that the customer will use protective eyewear.
5.  Duties of owner.  An owner of a tanning facility, a lessee of a tanning device or 
an operator shall ensure that:
A.  An individual under 18 years of age is not permitted to use the tanning facility;
B.  There is present at the tanning facility during its hours of operation an operator 
who is able to inform customers about, and assist customers in, the proper use of 
tanning devices;
C.  Each tanning device is properly sanitized after each use;
D.  Before a customer uses a tanning device, the customer is provided, at no cost, 
with properly sanitized and securely fitting protective eyewear that protects the 
customer's eyes from ultraviolet radiation and allows enough vision to maintain 
balance;
E.  A customer is not allowed to use a tanning device unless the customer uses 
protective eyewear;
F.  A customer is shown how to use physical aids including handrails and markings 
on the floor to maintain a proper exposure distance from the tanning device as 
recommended by the manufacturer;
G.  A timing device that is accurate within 10% of any selected timer interval is used 
and is remotely located so customers cannot set their own exposure time;
H.  Each tanning device is equipped with a mechanism that allows the customer to 
turn the tanning device off;
I.  A customer is limited to the maximum exposure time recommended by the 
manufacturer for that customer's skin type;
J.  A customer is not allowed to use a tanning device more than once every 24 hours;
K.  The interior temperature of the tanning facility does not exceed 100 degrees 
Fahrenheit; and
L.  The following records are maintained:  copies of all consent forms signed by 
customers; a record of a customer's total number of uses of a tanning device at the 
facility; the dates and durations of uses of a tanning device; and any injury reports for 
a period of 3 years after tanning device use for each customer.
6.  Duties of customer.  A customer may not use a tanning device of a tanning 
facility unless the customer:
A.  Immediately before the customer's first use of a unique tanning facility in a year, 
signs a statement acknowledging that the customer has read and understands the 
notice and the information required under this section and specifying that the 
customer agrees to use protective eyewear; and
B.  Uses protective eyewear at all times while using a tanning device.
7.  Certificate of registration.  A person may not operate a tanning facility without 
first obtaining from the department a certificate of registration.  The registrant shall 
display the certificate of registration in a conspicuous place at the tanning facility.  A 
certification of registration issued under this subsection expires annually.
8.  Violation; penalty.  A person who violates this section is subject to civil penalties 
in accordance with section 690, subsection 2.  Violation may also result in suspension or 
revocation of a registration issued in accordance with subsection 7.
9.  Local ordinance.  This section does not preempt local ordinances that provide for 
more restrictive regulation of tanning facilities than required in this section.
SUMMARY
This bill: 
1.  Prohibits a tanning facility from allowing an individual who has not attained 18 
years of age to use a tanning device;
2.  Requires that the owner of a tanning facility or the lessee of a tanning device post 
a conspicuous notice regarding the laws governing tanning and the health risks associated 
with tanning;
3.  Requires that each customer, prior to that customers first use in that calendar year 
of that tanning device, sign an acknowledgment that the customer understands the posted 
notice and agrees to use protective eyewear; and
4.  Authorizes municipalities to adopt more restrictive regulations than required in 
this bill.