Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 223 - RULES RELATING TO TANNING FACILITIES › Section 144-223-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following terms are defined for purposes of these
				  rules:
A. "Act" means 22 M.R.S.
				Chapter 160.
B. "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.
C. "CFR" means Code of Federal
				Regulations.
D. "Department" means
				the Department of Health and Human Services.
E. 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, FDA regulations and the provisions of
				these rules.
F. "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.
G. "Individual" means
				any human being.
H. "Informal
				Training" means an operator trained by a formally trained operator of the same
				facility.
I. "Injury" means
				physical damage or negative effects to the body, resulting from the use of
				tanning equipment.
J. "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 Agency.
K. "Minor" means any individual who is under
				18 years of age.
L. "Mobile
				facilities" means any tanning equipment not used in a permanent
				facility.
M. "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
				formally or informally trained individual who conducts one or more of the
				following activities:
1 Determine customer's
				skin type;
2 Determine the
				suitability for the use of a piece of tanning equipment by prospective
				customers;
3 Inform the customer of
				the dangers of ultraviolet radiation exposure, including photoallergic
				reactions and photosensitizing agents;
4 Assure that the customer reads and properly
				signs all forms required by these rules;
5 Maintain required customer exposure
				records;
6 Recognize and report
				customer injuries or alleged injuries to the Department;
7 Determine the customers' exposure
				schedule;
8 Set timers which
				control the duration of exposure; and
9 Instruct the customer in the proper use of
				protective eyewear.