An Act to Clarify Assessment of Fines for Tattoo Artists, Body Piercers, Electrologists and Micropigmentation Practitioners and to Change Requirements for the Approval of Public Pool and Spa Plans
Maine Legislature, Session 131, LD 0146
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: BALDACCI
Amends: 22 MRSA §2665, 32 MRSA §1222, 32 MRSA §4204, 32 MRSA §4318, 32 MRSA §4327

Legislative Document
No. 146
S.P. 75
In Senate, January 10, 2023
An Act to Clarify Assessment of Fines for Tattoo Artists, Body 
Piercers, Electrologists and Micropigmentation Practitioners and to 
Change Requirements for the Approval of Public Pool and Spa 
Plans
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2665, 2nd ¶, as amended by PL 2007, c. 631, §7, is further 
amended to read:
The design criteria to be followed by the department in the review and approval is 
Submitted plans and specifications must be signed and stamped by a professional engineer 
licensed in this State and must include a statement by the engineer indicating that the plans 
and specifications meet the minimum standard for all pools and the minimum standard for 
all spas published by the American National Standards Institute and the Association of Pool 
and Spa Professionals or successor organizations.
Sec. 2.  32 MRSA §1222, sub-§3, as enacted by PL 2013, c. 264, §8, is amended to 
read:
3.  Civil penalty Penalty.  A person who practices electrology without a license or 
who violates the sterilization, sanitation or safety standards adopted by the department 
under this chapter commits a civil violation for which is subject to a fine of not less than 
$500 nor more than $1,000 may be adjudged for each violation. Each day the violation 
remains uncorrected may be counted as a separate offense.
Sec. 3.  32 MRSA §1222, sub-§5 is enacted to read:
5.  Schedule of penalties.  The department shall establish a schedule of penalties 
according to the nature and duration of the violation of this section.
Sec. 4.  32 MRSA §4204, sub-§1, as enacted by PL 2013, c. 264, §14, is amended 
to read:
1.  Penalty.  A person who fails to be licensed as required by this chapter, violates the 
sterilization, sanitation or safety standards adopted by the Department of Health and 
Human Services under section 4251 or performs tattooing on a minor commits a civil 
violation for which is subject to a fine of not less than $500 nor more than $1,000 may be 
adjudged for each violation. Each day the violation remains uncorrected may be counted 
as a separate offense.
Sec. 5.  32 MRSA §4204, sub-§4 is enacted to read:
4.  Schedule of penalties.  The department shall establish a schedule of penalties 
according to the nature and duration of the violation of this section.
Sec. 6.  32 MRSA §4318, sub-§1, as enacted by PL 2013, c. 264, §16, is amended 
to read:
1.  Penalty.  A person who fails to be licensed as provided by section 4312 or violates 
the sterilization, sanitation or safety standards adopted by the department under section 
4313 commits a civil violation for which is subject to a fine of not less than $500 nor more 
than $1,000 may be adjudged for each violation. Each day the violation remains 
uncorrected may be counted as a separate offense.
Sec. 7.  32 MRSA §4318, sub-§3 is enacted to read:
3.  Schedule of penalties.  The department shall establish a schedule of penalties 
according to the nature and duration of the violation of this section.
Sec. 8.  32 MRSA §4327, sub-§1, as enacted by PL 2013, c. 264, §17, is amended 
to read:
1.  Penalty.  A person who fails to be licensed as provided by section 4324, violates 
the sterilization, sanitation or safety standards adopted by the department under section 
4326 or performs body piercing on a minor without parental consent under section 4323 
commits a civil violation for which is subject to a fine of not less than $500 nor more than 
$1,000 may be adjudged for each violation. Each day the violation remains uncorrected 
may be counted as a separate offense.
Sec. 9.  32 MRSA §4327, sub-§4 is enacted to read:
4.  Schedule of penalties.  The department shall establish a schedule of penalties 
according to the nature and duration of the violation of this section.
SUMMARY
This bill changes the penalty for electrologists, tattoo artists, micropigmentation 
practitioners and body piercers found to be in violation of licensing and sterilization, 
sanitation or safety standards laws and rules from a civil violation to an administrative fine. 
It provides that each day a violation remains uncorrected may be counted as a separate 
offense and requires the Department of Health and Human Services to establish a schedule 
of penalties according to the nature and duration of the violation.
This bill also adds the requirement that a professional engineer licensed in this State 
review and certify plans for public pool and spa construction prior to submittal to the 
department. These plans must include a signed statement from the engineer that the plans 
and specifications meet the minimum standard published by the American National 
Standards Institute and the Association of Pool and Spa Professionals.