Diseases which are transmitted through the exchange of body
fluids, including but not limited to diseases such as AIDS and the
HIV virus, have become serious threats to the public health. In an
effort to protect the health and welfare of all residents of the Borough
of Parkside, it is deemed necessary to regulate certain activities
in which the potential for the transmission of such diseases exists.
This chapter is applicable to all persons, partnerships, nonprofit
corporations, corporations and other entities which, upon persons
other than themselves and for a fee or charge, whether or not paid
by the person who is the subject of the procedure, use needles, scalpels,
blades, knives or other skin-puncturing or -cutting devices for any
purpose, including but not limited to the drawing of blood, the injecting
of medicine or nutrients, the piercing of body parts for cosmetic
or medical purposes or the tattooing of body parts in any manner.
It shall be unlawful for any person, partnership, nonprofit corporation, corporation or other entity to engage in any activity encompassed by §
114-2 of this chapter unless the following regulations are complied with:
A. The person or individual using or administering the needle, scalpel,
blade, knife or other skin-puncturing or -cutting devices or performing
the activity or supervising the activity in which the needle, scalpel,
blade, knife or other skin-puncturing or -cutting device is used shall
be a physician licensed to practice medicine within the Commonwealth
of Pennsylvania, a dentist licensed to practice dentistry within the
Commonwealth of Pennsylvania, a chiropractor licensed to practice
chiropractic medicine within the Commonwealth of Pennsylvania, a nurse
licensed to practice nursing within the Commonwealth of Pennsylvania
or other person who is certified and/or licensed, by the Commonwealth
of Pennsylvania or by a universally recognized licensing or certification
agency, in a health-related field in which the use of needles, scalpels,
blades, knives or other skin-puncturing or -cutting devices is part
of the formal training for the certification or license. Persons so
certified and licensed may include but shall not be limited to emergency
medical technicians, paramedics, home nurse practitioners, midwives
and those persons who administer acupuncture.
B. All persons and individuals using or administering the needle, scalpel,
blade, knife or other skin-puncturing or -cutting devices or performing
the activity or supervising the activity in which the needle, scalpel,
blade, knife or other skin-puncturing or -cutting device is used shall
prominently display their educational degree and license from the
Commonwealth of Pennsylvania within their place of business or other
location in which they perform the activities which are the subject
of this chapter.
C. All persons and individuals using or administering the needle, scalpel,
blade, knife or other skin-puncturing or -cutting devices or performing
the activity or supervising the activity in which the needle, scalpel,
blade, knife or other skin-puncturing or -cutting device is used shall
have, within their place of business or other place in which they
perform the activities which are the subject of this chapter, sterilization
devices for any and all nondisposable needles, scalpels, blades, knives
or other skin-puncturing or -cutting devices. It is preferable that
all needles, scalpels, blades, knives or other skin-puncturing or
-cutting devices be of the disposable type in order to provide the
greatest protection to the residents of the Borough. In no case shall
a device described above that is used on one person thereafter be
used on another person without first being properly and completely
sterilized.
D. All items to be discarded from the use of needles, scalpels, blades,
knives or other skin-puncturing or -cutting devices, including but
not limited to the needles, scalpels, blades, knives and skin-puncturing
and -cutting devices themselves, as well as blood products, skin,
body parts and items which have contact with blood products, such
as but not limited to gauze, bandages, gloves and sutures, shall be
kept, stored and securely maintained in a sealed container clearly
labeled as containing "medical waste" and which container shall be
kept indoors, out of the reach of any and all persons other than the
person performing the activities which are the subject of this chapter,
until such time that the discarded items are picked up by a medical
waste disposal company. Further, all such discarded items shall only
be discarded by and through a medical waste disposal company licensed
to do business within the Commonwealth of Pennsylvania. Those employees
of medical waste disposal companies who pick up the medical waste
containers shall have been properly trained in all applicable Occupational
Safety and Health Administration (OSHA) requirements for the handling
of such containers. Further, all such discarded items shall be picked
up by such a medical waste disposal company at least one time per
month.
E. All activities which are the subject of this chapter shall be performed
in a room which contains only the individual on whom the services
are being performed and persons who are permitted to perform such
services by this chapter.
F. All persons performing activities and services which are the subject
of this chapter shall use either latex or double surgical gloves at
all times when performing such services.
G. All persons performing activities and services which are the subject
of this chapter shall, as a minimum, be screened annually for the
hepatitis B virus.
H. All places of business which perform the activities which are the
subject of this chapter shall be subject to periodic and/or random
inspection by the Borough of Parkside Health Officer or by such other
person who may be appointed by Borough Council.
All persons, partnerships, nonprofit corporations, corporations
or entities who violate any provision of this chapter shall pay a
fine of not more than $1,000 and, in default of payment thereof, shall
be imprisoned for not more than 90 days.