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131st MAINE LEGISLATURE
FIRST REGULAR SESSION-2023
Legislative Document No. 146S.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. Page 1 - 131LR0148(01)
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2 as amended by PL 2007, c. 631, §7, is further
3 amended to read:
4 The design criteria to be followed by the department in the review and approval is
5 Submitted plans and specifications must be signed and stamped by a professional engineer
6 licensed in this State and must include a statement by the engineer indicating that the plans
7 and specifications meet the minimum standard for all pools and the minimum standard for
8 all spas published by the American National Standards Institute and the Association of Pool
9 and Spa Professionals or successor organizations.
10 as enacted by PL 2013, c. 264, §8, is amended to
11 read:
12 Penalty. A person who practices electrology without a license or
13 who violates the sterilization, sanitation or safety standards adopted by the department
14 under this chapter commits a civil violation for which is subject to a fine of not less than
15 $500 nor more than $1,000 may be adjudged for each violation. Each day the violation
16 remains uncorrected may be counted as a separate offense.
17 is enacted to read:
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19 according to the nature and duration of the violation of this section.
20 as enacted by PL 2013, c. 264, §14, is amended
21 to read:
22 A person who fails to be licensed as required by this chapter, violates the
23 sterilization, sanitation or safety standards adopted by the Department of Health and
24 Human Services under section 4251 or performs tattooing on a minor commits a civil
25 violation for which is subject to a fine of not less than $500 nor more than $1,000 may be
26 adjudged for each violation. Each day the violation remains uncorrected may be counted
27 as a separate offense.
28 is enacted to read:
29
30 according to the nature and duration of the violation of this section.
31 as enacted by PL 2013, c. 264, §16, is amended
32 to read:
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34 the sterilization, sanitation or safety standards adopted by the department under section
35 4313 commits a civil violation for which is subject to a fine of not less than $500 nor more
36 than $1,000 may be adjudged for each violation. Each day the violation remains
37 uncorrected may be counted as a separate offense.
38 is enacted to read:
39
40 according to the nature and duration of the violation of this section. Page 2 - 131LR0148(01)
1 as enacted by PL 2013, c. 264, §17, is amended
2 to read:
3
4 the sterilization, sanitation or safety standards adopted by the department under section
5 4326 or performs body piercing on a minor without parental consent under section 4323
6 commits a civil violation for which is subject to a fine of not less than $500 nor more than
7 $1,000 may be adjudged for each violation. Each day the violation remains uncorrected
8 may be counted as a separate offense.
9 is enacted to read:
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11 according to the nature and duration of the violation of this section.
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13 This bill changes the penalty for electrologists, tattoo artists, micropigmentation
14 practitioners and body piercers found to be in violation of licensing and sterilization,
15 sanitation or safety standards laws and rules from a civil violation to an administrative fine.
16 It provides that each day a violation remains uncorrected may be counted as a separate
17 offense and requires the Department of Health and Human Services to establish a schedule
18 of penalties according to the nature and duration of the violation.
19 This bill also adds the requirement that a professional engineer licensed in this State
20 review and certify plans for public pool and spa construction prior to submittal to the
21 department. These plans must include a signed statement from the engineer that the plans
22 and specifications meet the minimum standard published by the American National
23 Standards Institute and the Association of Pool and Spa Professionals.
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