This chapter establishes regulations on the use of tanning devices by minors. Nothing in this chapter preempts a county or municipal government from enacting and enforcing more stringent measures to regulate the use of tanning devices by minors. In this chapter, the following terms have the meanings indicated. Terms Defined. “Customer” means a member of the public who is provided access to a tanning device in exchange for a fee, membership dues, or other compensation. “Department” means the Maryland Department of Health. “Health officer” means the health officer of each of the 23 counties in Maryland and the Commissioner of Health in Baltimore City, the duly designated representative of the health officer, or both. “Minor” means an individual younger than 18 years old. “Owner” means an individual or entity having an ownership interest in a tanning facility. “Person-in-charge” means an owner, operator, manager, employee, or other individual who controls, governs, or directs the activities of a tanning facility and is present on site. “Phototherapy device” means any equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury. “Radiation” means ultraviolet radiation. “Secretary” means the Secretary of Health or the Secretary's designee. “Tanning device” means any equipment that emits radiation used for tanning of the skin, including sunlamps, tanning booths, or tanning beds. “Tanning facility” means any place where a tanning device is used for a fee, membership dues, or other compensation. This chapter does not apply to the use of any phototherapy device by a health care practitioner acting within the scope of the license of the health care practitioner or by order of a health care practitioner acting within the scope of the license of the health care practitioner. A person-in-charge may not allow a customer to use a tanning device at a tanning facility without confirmation, with a State or federal government-issued identification card, that the individual is not a minor. A tanning facility shall display conspicuously a notice that conforms to the requirements of §B of this regulation. The notice shall state: That it is unlawful for a tanning facility owner, employee, or operator to allow a minor to use any tanning device; That a tanning facility owner, employee, or operator that violates one or more provisions of this section may be subject to a civil penalty; The health risks associated with tanning, including skin cancer, premature skin aging, injuries including burns, and adverse reactions when combined with certain medications, foods, and cosmetics; and That an individual may report a violation of one or more provisions of this chapter to the local law enforcement agency or local health department. The notice shall be: Readily visible and at least 18-point type font; and Made available to a tanning facility by the Department on the Department’s website. The owner or person-in-charge shall ensure that the notice required under this regulation is conspicuously posted and in good condition. A person or law enforcement officer may report a violation of this chapter to the health officer in the jurisdiction where the alleged violation took place. The Department shall make available a complaint form at the Department's website and at a local health department. Upon receipt of a complaint, the health officer shall investigate the complaint. A health officer may investigate conditions relative to the enforcement of this chapter. The person-in-charge of a tanning facility shall permit a health officer to enter the tanning facility during business hours for the purpose of determining compliance with this chapter. If an investigation is made, the health officer shall: Document: The result of the investigation on a report form provided by the Department; and A condition found that is in violation of a provision of this chapter; Furnish one copy of the report form to the person-in-charge of the tanning facility; and Make the completed report form available for public disclosure in accordance with the Maryland Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland. The health officer shall provide the owner of a tanning facility found in violation of a provision of this chapter or Health-General Article, §20-106, Annotated Code of Maryland, with a written notice that contains: The specific finding and, if applicable, the penalty for the violation, as set forth in Regulation .09 of this chapter; A specific date by which the owner shall correct the violation; A provision that, if the owner fails to correct the violation by the date specified or is in violation of another provision of Health-General Article, §20-106, Annotated Code of Maryland, at another time, the Secretary may impose a subsequent penalty, if applicable, as set forth in Regulation .09 of this chapter; and A provision that the owner is entitled to request a hearing under Regulation .10 of this chapter on a violation with a penalty. The owner of a tanning facility shall submit to the health officer a written certification of correction within a time frame provided by the local health department that states: The violation; and How the violation was corrected. The penalties for a violation of Regulation .04 or .05 of this chapter, or of Health-General Article, §20-106, Annotated Code of Maryland, are: A letter of reprimand for the first violation; A civil penalty of $250 for a second violation; A civil penalty of $500 for a third violation; and A civil penalty of $1,000 for each subsequent violation. A person who receives a notice of violation with a penalty for a violation of Regulation .04, .05C, D, or E, or .06 of this chapter, or of Health-General Article, §20-106, Annotated Code of Maryland, may request a hearing on the notice of violation with a penalty. In order to preserve a right to a hearing on a violation with a penalty under this chapter, if a hearing is desired, a person shall submit a written request to the Department’s Environmental Health Bureau under the Prevention and Health Promotion Administration for a hearing within 10 days of receipt of the notice of violation with a penalty. In accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, the Secretary shall provide for a hearing on the violation with a penalty by referring the matter to the Office of Administrative Hearings. The Office of Administrative Hearings shall: Schedule and conduct the hearing on the violation with a penalty; and Render a decision and notify the parties of the decision within 90 days after the hearing. Health-General Article, §20-106, Annotated Code of Maryland Effective date: June 29, 2009 (36:13 Md. R. 900) Regulation .12B amended effective March 14, 2016 (43:5 Md. R. 385) Chapter revised effective October 5, 2020 (47:20 Md. R. 875)