A.
Body art is becoming prevalent and popular throughout the Commonwealth.
To prevent the transmission of disease and injury to the client and
practitioner, the body art practitioner must know and practice universal
precautions, sanitation, personal hygiene, sterilization, and proper
aftercare requirements.
B.
These regulations provide minimum requirements for any individual
performing body art and for any establishment where body art is performed.
In addition, these regulations establish licensing requirements for
all individuals performing body art; regular inspections of establishments
where body art is performed; and revocation of the licenses of practitioners
or permits of establishments when the Board finds a violation of these
regulations.
C.
An annual, non-transferable license or permit fee must be paid by
any individual and establishment licensed or permitted under these
regulations.
The Easton Board of Health promulgates these regulations under
MGL c. 111, § 31, which grants to local health boards the
authority to promulgate reasonable regulations for the protection
of public health and to impose a fine for the violation of any such
regulation.
Individuals conducting the following activities are exempt from
the provisions of these regulations:
No mobile or temporary body art establishments shall be allowed
to operate in Easton.
If any provision contained in these regulations is deemed invalid
for any reason, it shall be severed and shall not affect the validity
of the remaining provisions.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who applies to the Easton Board of Health for
either a body art establishment license or a body art practitioner
permit.
A body art practitioner who has completed all other requirements
of the license, but lacks the necessary experience or education and
is therefore learning the trade, art, or occupation under a fully
licensed practitioner for a set period of time.
An apparatus for sterilization that uses steam pressure at
a specific temperature over a period of time. The term "autoclaving"
is sometimes used by health agents to refer to the destruction of
all forms of microbial life, including highly resistant spores, by
the use of an autoclave for a minimum of 30 minutes at 20 pounds of
pressure per square inch (PSI) at a temperature of 270° F.
The standard defined in the Federal Occupational Safety and
Health Administration guidelines published at Title 29, Code of Federal
Regulations, Section 1910.1030 "Occupational Exposure to Bloodborne
Pathogens."
The Easton Board of Health or its authorized representative
having authority to monitor, administer, and enforce these regulations.
A location, place, or business, whether public or private,
that has been granted a license by the Easton Board of Health in which
body art procedures are performed, whether for profit or not for profit.
A specifically identified individual to whom the Easton Board
of Health has granted a permit to perform body art procedures in an
establishment to which the Board has granted a license.
The practice of physical body adornment by licensed establishments
and approved practitioners using but not limited to the following
procedures: body piercing, tattooing, cosmetic tattooing, branding,
and scarification. This definition does not include practices that
are considered medical procedures by the Board of Registration in
Medicine, such as implants under the skin, which procedures shall
not be performed in a body art establishment or by a body art practitioner.
[See "Piercing."]
The cutting of strips of skin of a person, which strips are
then to be intertwined with one another and placed onto such person
so as to cause or allow the incised and interwoven strips of skin
to heal in such intertwined condition.
Inducing a pattern of scar tissue by use of a heated material
(usually metal) to the skin, making a serious burn that eventually
becomes a scar.
The area in a body art establishment that is dedicated to
the sterilization, sanitation, or other cleaning of instruments or
other equipment used in the practice of body art. Cleaning areas must
be located away from workstations and away from areas frequented by
persons other than the employees.
A member of the public who requests a body art procedure
at a body art establishment.
Waste as that is defined in Title 105, Code of Massachusetts
Regulations, Chapter 480.000 "Disposal of Infectious or Physically
Dangerous Medical or Biological Waste" (State Sanitary Code, Chapter
VIII), and Title 29, Code of Federal Regulations, Part 1910.1030.
This waste includes any liquid or semi-liquid blood or other potentially
infectious material; contaminated items that would release blood or
other potentially infectious materials in a liquid or semi-liquid
state if compressed; items on which there is dried blood or other
potentially infectious materials and which are capable of releasing
these materials during handling; sharps; and any wastes containing
blood or other potentially infectious materials.
The implantation of permanent pigment around the eyes, lips
and cheeks of the face, and hair imitation. Cosmetic tattooing is
also known as permanent cosmetics, micro-pigment implantation, or
dermal pigmentation.
A product registered as a disinfectant by the U.S. Environmental
Protection Agency (EPA).
The destruction of disease-causing microorganisms on inanimate
objects or surfaces, thereby rendering these surfaces and objects
safe for use or handling.
Persons who work in a body art establishment, including independent
body art practitioners.
All machinery, including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks,
and all other apparatus and appurtenances used in the operation of
a body art establishment.
An event whereby there is an eye, mouth or other mucus membrane,
non-intact skin, or parenteral contact with the blood or bodily fluids
of another person or with other potentially infectious matter.
A lavatory equipped with hot and cold running water under
pressure, used solely for washing hands, arms, or other portions of
the body.
Water that attains and maintains a temperature of 110 - 130°
F.
The ability to cause or communicate infection/disease, as
from one person to another or from one part of the body to another.
Infectious should not be confused with "contagious," which is an infection
or disease that is capable of being transmitted. An infectious person
or item carries or spreads a contagious disease.
Hand pieces, needles, needle bars, and other devices that
may be used by the practitioner to perform any body art procedure.
Entry into the human body either by incision or insertion
of any instrument into or through the skin or mucosa (mucous membranes)
or by any other means intended to puncture, break, or otherwise compromise
the skin or mucosa.
Any ornament inserted into a newly pierced area that must
be made of surgical implant-grade stainless steel; solid 14K or 18K
white or yellow gold, niobium, titanium, or platinum; or a dense,
low-porosity plastic. Such ornament must be free of nicks, scratches,
or irregular surfaces and properly sterilized before use.
Board approval in writing to operate a body art establishment.
Said license is exclusive of the establishment's compliance with
other licensing or permitting requirements that may exist within the
jurisdiction of the Board.
A light reflectance value of 70% or greater, which means
that where these regulations require a light colored surface, such
surface shall be white or off-white.
Any person under the age of 18 years.
Any trailer, truck, car, van, camper or other motorized or
non-motorized vehicle, shed, tent, movable structure, bar, home, or
other facility wherein a person desires to or actually does body art
procedures. Mobile body art establishment also means a concert, faire,
party or other event where a person desires to or actually does body
art.
Any person who individually or jointly or severally with
others owns, manages, or controls a body art establishment, but is
not a body art practitioner.
Board approval in writing to function as a body art practitioner
within a body art establishment. Board approval shall be granted solely
for the practice of body art pursuant to these regulations.
An individual, any form of business or social organization,
or any other non-governmental legal entity including but not limited
to a corporation, partnership, limited-liability company, association,
trust, or unincorporated organization.
BODY PIERCINGThe puncturing or penetrating the skin of a client with pre-sterilized single-use needles and the insertion of pre-sterilized jewelry or other adornment into the opening. This definition does not encompass ear-piercing system, which system shall not be used for body piercing.
EAR PIERCINGThe puncturing of the lobe of the ear with a pre-sterilized single use stud-and-clap ear-piercing system following the instructions of the manufacturer.
Instruments or procedure setups that are sold individually
packaged and sterilized. Each package shall have a sterilization lot
number that may be audited.
Any surface of an inanimate object that contacts the client's
unclothed body during a body art procedure or any work area that may
require sanitizing that is associated with the body art procedure.
Procedure surface also refers to the actual skin area of the body
art procedure and any adjacent skin area that requires cleaning, shaving,
or other preparation for the body art procedure.
Clean and free of agents of infection or disease affecting
human health; taking measures for guarding against the spread of infection
or disease. When a surface or object is not free of agents of infection
or disease, the surface or object is "insanitary" and likely to cause
disease.
The effective disinfectant treatment that reduces to a safe
level or eliminates pathogens on procedure surfaces as those are defined
in these regulations. Sanitizing may be accomplished with the use
of an U.S. EPA registered disinfectant, such as iodophor, chlorine,
or phenolic, on a clean surface in accordance with the label instructions.
Altering skin texture by cutting the skin and controlling
the body's healing process to produce wounds, which result in
permanently raised wheals or bumps known as keloids.
Any object, sterile or contaminated, that may intentionally
or accidentally cut or penetrate the skin or mucosa, including but
not limited to needle devices, lancets, scalpel blades, razor blades,
and broken glass.
A puncture-resistant, leak-proof container that can be closed
for handling, storage, transportation, and disposal and that is labeled
with the International Biohazard Symbol.
Products that are intended for one-time, one-person use and
are disposable after use. Single-use items include but are not limited
to cotton swabs or balls, tissues or paper products, paper or plastic
cups, gauze and other sanitary coverings, razors, piercing needles,
lancets, scalpel blades, stencils, ink cups, and protective gloves.
The use of a physical or chemical procedure to destroy all
microbial life including highly resistant bacterial endospores.
The indelible mark, figure, or decorative design introduced
by insertion of dyes or pigments into or under the subcutaneous portion
of the skin.
Any method of placing ink or other pigment into or under
the skin or mucosa by the aid of needles or any other instrument used
to puncture the skin, resulting in permanent coloration of the skin
or mucosa. This term includes all forms of cosmetic tattooing.
[See "Mobile Body Art Establishment."]
The form of body art consisting of or requiring the placement,
injection, or insertion of an object, device, or other thing made
of material such as steel, titanium, rubber, latex, plastic, glass,
or other inert matter, beneath the surface of the skin of a person.
This term does not include body piercing.
A unit, approved by the Easton Board of Health, physically
large enough to fully submerge instruments in liquid, which removes
all foreign matter from the instruments by means of high frequency
oscillations transmitted through the contained liquid.
A method of infection control requires all persons to assume
that all human blood and specified human body fluids are infectious
for the human immunodeficiency virus (HIV), hepatitis B virus (HBV),
and other blood pathogens. Precautions include hand washing; gloving;
personal protective equipment; injury prevention; and proper handling
and disposal of needles, other sharp instruments, and blood and body
fluid-contaminated products.
The Universal Precautions guidelines and controls are published
by the Centers for Disease Control and Prevention (CDC), as "Guidelines
for Prevention of Transmission of Human Immunodeficiency Virus (HIV)
and Hepatitis B Virus (HBV) to Health-Care and Public-Safety Workers"
in Morbidity and Mortality Weekly Report, June 23, 1989, vol. 38,
No. S-6, and as "Recommendations for Preventing Transmission of Human
Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone
Invasive Procedures" in Morbidity and Mortality Weekly Report, July
12, 1991, Vol. 40, No. RR-8.
