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A028-1112

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AN ACT CONCERNING Health Tanning Devices FOR the purpose of banning minors from using tanning devices. BY repealing, and reenacting, with amendments Article Health-General Title 20. Miscellaneous Health Provisions Subtiele 1. Consent Provisions Part 1. Minors Section 20-106. Use of tanning device by minor Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, that the laws of Maryland read as follows: Section 20-106. Use of tanning device by minor (a) Definitions. (1) In this section the following words have the meanings indicated. (2) "Tanning device" means any equipment that emits radiation used for tanning of the skin, including sunlamps, tanning booths, or tanning beds. (3) "Tanning facility" means any place where a tanning device is used for a fee, membership dues, or other compensation. (b) Prohibition; exception. -- An owner, employee, or operator of a tanning facility may not allow a minor under the age of 18 years to use a tanning device unless the minor's parent or legal guardian provides written consent on the premises of the tanning facility and in the presence of an owner, employee, or operator of the tanning facility UNLESS THE MINOR HAS WRITTEN PERMISSION FROM A BOARD-CERTIFIED PHYSICAN TO USE A TANNING DEVICE. (c) Verifying documentation. -- The owner, employee, or operator of a tanning facility shall require appropriate documentation to verify the age of an individual before allowing the individual access to a tanning device. (d) Civil penalty and regulations. -(1) The Secretary may impose on a person who violates this section: (i) For a first violation, a civil penalty not to exceed $ 250; (ii) For a second violation, a civil penalty not to exceed $ 500; and (iii) For each subsequent violation, a civil penalty not to exceed $ 1,000. (2) The Secretary may adopt regulations to implement and carry out this section. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect on October 1, 2012. MANDATES: Martin OMalley, Governor Thomas Mike V. Miller, Speaker of the House Michael E. Busch, Senate President

A028-1112

SPONSOR: Thomas Nelson, Governor, McDaniel College

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