[HISTORY: Adopted by the Board of Health
of the Town of Franklin effective 1-2-2001. Amendments noted where applicable.]
A.
The Town of Franklin is promulgating rules and regulations,
which provide minimum requirements to be met by any person performing
body art upon any individual and for any establishment where body
art is performed. These requirements shall include, but not be limited
to, general sanitation of premises wherein body art is to be performed
and sterilization of instruments.
B.
These rules and regulations are necessary to protect
the public's health by preventing diseases, specifically including,
but not limited to, transmission of Hepatitis B and/or human immunodeficiency
virus (HIV).
C.
In addition, these rules and regulations shall establish
procedures for registration with the Franklin Board of Health (BOH)
of all persons performing body art, for the requirement of minimal
training standards for the prevention of disease transmission and
for knowledge of anatomy and physiology, for regular inspection of
premises wherein body art is performed and for revocation of the registration
of any person or establishment deemed in violation of the rules and
regulations promulgated under this chapter. An annual, nontransferable
registration fee set by the Town/City of Franklin shall be paid by
any person or establishment registered under this chapter.
The Board of Health, Town of Franklin, Massachusetts,
acting under the authority of MGL c. 111, §§ 31 and
122 and c. 140, § 51, hereby adopts the following rules
and regulations governing the licensing and practice of body art and
the operation of an establishment for body art.
As used in this chapter, the following terms
shall have the meanings indicated:
Any solution used to retard the growth of bacteria approved
for application to human skin and includes all products so labeled.
Any room or space where piercing or tattooing is practiced
or where the business of piercing or tattooing is conducted or any
part thereof.
Any method of inserting a needle into the body to place jewelry
in the perforation produced by the needle and/or indelible colors,
so as to leave permanent marks or designs. Establishments and/or individuals
involved in the piercing of ear(s) (only) using approved ear-piercing
guns are not subject to these regulations.
Issuance of a written instrument by the Board of Health authorizing
the person named therein to engage in the work of body art.
Any person who performs piercing or tattooing of any part
of body other than the ear which is pierced by use of an appropriate
piercing gun or needle.
The Board of Health of the Town of Franklin and its agent(s).
Also known as "permanent cosmetics," "micro pigment implantation"
or "dermal pigmentation," is defined as the implantation of permanent
pigment around the eyes, lips and cheeks of the face and hair imitation.
[Added 2-7-2018]
Any solution which destroys germs, and is so labeled.
Any person under the age of 18 years.
Any person who owns, controls, operates, conducts or manages
any body art establishment, whether actually performing the work of
art or not.
Permit.
Clean and free of agents of infection or disease.
Effective bacterial treatment by a process that provides
sufficient concentration of chemicals for enough time to reduce the
bacteria count, including pathogens, to a safe level on equipment.
Holding in an autoclave for 30 minutes, at 20 pounds pressure,
at a temperature of 275° F.
A.
No minors shall receive body art; "minors" shall mean
any person under the age of 18 years, unless accompanied by a parent
or legal guardian who has signed a consent form.
B.
No art of the genitalia of minors shall be allowed.
C.
No piercing or tattooing of animals shall be allowed
in body art studios.
D.
Pre-procedural consultation to discuss body art, its
risks and potential complications shall be required with each client.
An informed consent form shall be signed by all clients. Clients shall
be supplied a copy of the consent form and the consent form shall
be kept on file by the body artist for a minimum of one year.
E.
Clients shall be advised to consult with their physician
regarding any medical condition which could be exacerbated by the
body art procedures (i.e., hemophilia, open sores, etc.).
F.
Patrons who admit to or are obviously under the influence
of alcoholic beverages or other judgment altering drugs shall not
receive a body art.
G.
Body artists shall not be under the influence of any
substance, legal or illegal, which might impair their judgment or
ability to properly perform body art.
H.
Patrons shall receive verbal and written instructions
on the cleaning, use of antiseptics and other specific instructions
for each piercing and/or tattooing before and after the procedure,
including the signs and symptoms of complications.
I.
Appropriate disinfectants shall be used to disinfect
the surface of the skin in the area to have the body art, prior to
the procedure.
J.
Infections and adverse reactions of any kind suspected
from the application of body art procedure which become known to the
body artist shall be reported to the Franklin Board of Health within
24 hours after the body artist becomes aware and the patron shall
be referred to a physician for examination.
K.
Body artists who receive needle stick injuries and/or
any potential exposure to blood-borne pathogens on the job shall follow
OSHA (Occupational Services Health Administration) guidelines on the
reporting and follow-up on needle stick injuries. OSHA guidelines
for needle stick follow-up shall be posted in employee area [Code
of Federal Regulations, 29 CFR 1910.1030 (f)].
L.
The body artist should receive the series of Hepatitis
B vaccinations and tetanus doses or booster shot.
M.
The gun used for the piercing of ear(s) only must
be disinfected with an EPA(Environmental Protection Agency)-approved
disinfectant.
N.
Failure to comply with any of the above regulations
may result in immediate revocation of registration (permit) and or
fines per day of violation.
O.
The Franklin Board of Health reserves the right to
inspect the facility at any reasonable time of the day or night, with
or without prior notice.
A.
No person, or body artist, shall perform body art,
display a sign or in any other way advertise or purport to be a body
artist unless that person holds a valid certificate of registration
(permit) with the Franklin Board of Health.
B.
An applicant for registration or renewal shall pay
a fee as established by the Franklin Board of Health and shall show
to the satisfaction of the BOH that the applicant:
(1)
Has complied with the applicable rules of the Franklin
Board of Health.
(2)
Upon application, has provided evidence in the form
of a driver's license/state identification card or federal identification
card that applicant is not less than 21 years of age. A photocopy
of the I.D. shall be on file.
(3)
Upon application, has signed a form consenting to
abide by the rules and regulations and recommended procedures on the
prevention of disease transmission in body art, sanitation, sterilization,
handling of infections, universal body fluid precautions, sharp and
biologic waste disposal and wound care as stated in the Federal Register
of EPA Rules and Regulations on Blood-borne Pathogens.
(4)
Upon application, shall notify the Franklin Board
of Health in writing of the regular address of the place where the
person performs or intends to perform body art and shall keep the
registration certificate conspicuously posted in the place of business
at all times. Body art shall be operated only out of facilities licensed
to perform body art. Body artists shall be required to demonstrate
proper sanitary procedures and to develop and submit their policy
on infection control to the Franklin Board of Health.
C.
A criminal records check may be required before a
permit is granted.
Body artists and their employees must show evidence
of current certification and completing of courses in the first two
areas below, prior to receipt of a certificate of registration (permit):
A.
Basic training in first aid and advanced CPR as well
as proof of attendance at required renewal courses.
B.
Completion of a course on prevention of disease transmission
and blood-borne pathogens, conducted by an instructor trained and
sufficiently knowledgeable to teach this OSHA course. Such knowledge
shall include the requirements of standards 29 CFR 19010.1030.
C.
Body art registration (permit) shall expire on the
permit anniversary date of each year.
D.
The place of business shall meet all other Health
Department requirements.
F.
Provide the following to the Board of Health:
(1)
Evidence of course completion in preventing disease
transmission. (Applicant must show a dated certificate of completion
from either American Red Cross or Association of Professional Body
Artists.)
(2)
Evidence of current certification in first aid/CPR.
(Applicant shall show a dated certificate of completion of a course
in first aid/CPR which demonstrates the required course was completed
within the last two years.)
(3)
Proof of completion of a course in anatomy and physiology.
(4)
Proof of one year of apprenticeship training.
G.
For the purpose of this regulation, any cosmetic tattooing, also
known as "permanent cosmetics," "micro pigment implantation" or "dermal
pigmentation," which involves the introduction of an indelible ink
into/below the surface of the skin, under or in close proximity to
the eyes, lips or cheeks of the face and hair imitation, shall be
performed only by duly licensed physicians who perform this type of
procedure within the scope of his/her medical practice. All other
practitioners, including aestheticians and cosmetologists, are prohibited
from performing this procedure in the Town of Franklin unless employed
and directly supervised by a medical doctor, licensed to practice
medicine in the Commonwealth of Massachusetts.
[Added 2-7-2018]
A.
Facility.
(1)
Studio design, furniture, lighting, plumbing, water
and sewage must be in accordance with state codes and local bylaws,
rules, regulations and codes.
(2)
With the exception of service animals (e.g., guide
dogs), no animals shall be allowed on the premises.
(3)
The floor and all other surfaces shall be, at all
times maintained, in a clean condition. The walls and ceilings shall
be kept clean in good repair at all times. Light fixtures, decorative
materials and similar equipment attached to the walls or ceilings
shall be kept clean.
(4)
Adequate ventilation (such as air conditioning, etc.)
to keep the area dry and air circulating should be used. "Adequate
ventilation" shall mean a free and unrestricted circulation of fresh
air throughout the body art studio and the expulsion of foul or stagnant
air. The use of a H.E.P.A. ventilation system is highly recommended.
(5)
Convenient, clean and sanitary toilet and hand-washing
facilities shall be made accessible to customers. A sign shall be
posted in the bathroom which forbids insertion or handling of piercing/jewelry.
The plumbing fixtures and toilet room shall be maintained in a sanitary
manner and in good repair. Single-service hand towels or mechanical
means for hand drying shall be provided.
(6)
In accordance with state regulations, proper biologic
waste and sharp disposal of single-use items and needles exposed to
body fluids shall be required. Only medical-grade sharps containers
that are puncture-resistant, with tight-fitting lids, are acceptable.
A contact for "red bag waste" shall be on file with the Board of Health.
(7)
Body artists shall be equipped with appropriate sterilizing
equipment (i.e., a working steam autoclave).
(8)
Body artists shall be equipped with appropriate cleansing
equipment (i.e. a working ultrasonic cleaner).
(9)
Cleansing with ultrasonic cleaners shall be the rule
for removal of bacitracin or other triple antibiotic solutions, blood
and other particles from a used contaminated implement (i.e. jewelry,
forceps, insertion tapers and pliers) followed by steam autoclave.
(10)
Steam autoclave shall be used on all equipment
that may come in contact with the client or the jewelry (i.e. receiving
tubes, rubber bands, insertion tapers, forceps, files, gauge wheels,
pliers, etc.). Equipment shall be bagged, dated and sealed and stored
in a nonporous, dark, dry, cool place (such as a medical Credenza,
etc.). Spore indicators shall be used with each load to ensure spore
eradication. Instruments shall be autoclaved at a temperature of 273°
F. under pressure of 20 PSI for 30 minutes from start.
(11)
Autoclaves shall be spore-tested by independent
laboratories on a biyearly basis to prove efficacy. Immersion in cold
germicidal solutions provides incomplete sterilization and is inappropriate.
Appropriate ear-piercing guns should only be used for piercing ear(s)
and shall not be used for piercing any other body part.
(12)
Iodine, antiseptics and other ointments used
shall be applied with single-use applicators. Applicators that have
touched a client once may not be used to retrieve antiseptics, iodine,
etc. from containers and shall be disposed of after single use.
B.
Work area.
(1)
Each body artist's studio shall have a separate work
area not used for any other purpose.
(2)
No one shall have body art conducted on him or her
at any other location in the studio other than the work area.
(3)
No customer shall be allowed to perform their own
piercing/insertions or body artwork anywhere on the premises unless
they are a body artist.
(4)
Work areas shall not be used as a corridor for access
to other rooms.
(5)
The area where body art is to be applied must be performed
in a separate room.
(6)
The floors, chairs and tabletops where body art equipment
and body art work is done shall be nonporous. Carpet is not permitted
as a floor covering in the work area where the body art is applied.
(7)
The work area shall be well lighted. Work areas shall
have at least 50 footcandles of light measured at the height of the
worktable.
(8)
Facilities shall be equipped with sinks and basins
with hot and cold running water for the exclusive use of the body
artist for washing their hands and preparing their clients for body
piercing. The bathroom sinks shall not act as the sink for this operation.
(9)
A covered waste receptacle with disposable liner bags
shall be located in the work area.
(10)
No person shall smoke, consume any food or drink
in the work area.
(11)
No other activities (such as hair styling, etc.)
shall be performed in any room designated for body art.
A.
Sanitary procedures before body art procedure.
(2)
Regarding artists jewelry:
(a)
Client and artists should have appropriate size
and quality jewelry chosen before the procedure begins.
(b)
Only appropriate jewelry should be used in piercing.
Appropriate jewelry is made of implant grade, high quality surgical
stainless steel (316 E series), solid 14k or 18k gold, niobium, titanium,
platinum. Appropriate jewelry has no nicks, scratches or irregular
surfaces which might endanger the tissues.
(c)
Ear studs or other jewelry designed for ear
piercing are not appropriate jewelry for other body parts and shall
not be used by artists.
B.
Hand washing; general health. Before working on each
patron, the body artist shall:
(1)
Inspect hands for small cuts and abrasions.
(2)
Refrain from body art or handling equipment if patrons
have open sores, weeping dermatitis or lesions on hands or arms until
the condition has cleared.
(3)
Refrain from body art, piercing or tattooing until
the condition has cleared, if patrons have a cold, flu or other communicable
disease.
(4)
Wash hands, wrists and up to elbows with antibacterial
solution.
(5)
Dry hands thoroughly with single-use disposable towel,
such as a paper towel, or air dry under a heat dryer.
(6)
Put on medical-grade latex (or its equivalent) gloves.
A.
Body artists shall set up equipment in front of client.
B.
Sealed autoclave bags containing any equipment required
to be sterile shall be opened in front of the client, and the autoclave
bag discarded.
C.
All jewelry contaminated with only airborne pathogens
(not previously worn or contaminated) shall be disinfected with a
nonhazardous hard-surface disinfectant approved by the E.P.A. All
jewelry contaminated or potentially contaminated with blood-borne
pathogens (previously worn by another person) should be autoclaved,
stored in sterile indicator bags, sealed and dated.
D.
All needles and/or indelible colors used in piercing
or tattooing shall be presterilized, used on one person, in one sitting,
for single piercing and immediately disposed of in a medical sharps
container.
E.
All forceps, tubes, etc. shall be presterilized, stored
in sterile indicator bags, sealed and dated, used on one person, in
one sitting. After one such use, they shall be autoclaved and stored
in sterile indicator bags, sealed and dated.
A.
A body artist shall:
(1)
Put on fresh (non Latex) gloves for disinfection routine.
(2)
Move in such manner to avoid recontamination of surfaces.
(3)
Discard disposable items and remove from areas.
(4)
Remove plastic barrier film (if used) and disinfect
surface areas, drawer pulls, cabinetry, telephones, lamps, chairs,
sinks, ultrasonic tanks, tables, chairs, floor area and any other
surfaces that might have become contaminated.
(5)
Dispose of single-use (disposable) lap cloths.
(6)
Remove gloves, wash hands and discard gloves.
(7)
Double bag or use biohazard bags and discard materials
after each client.
(8)
Discard materials in medically appropriate manner.
B.
All reusable nonsterilizable implements, such as marking
pen, shall be nonporous and disinfected after each use with an EPA-approved
hard-surface disinfection liquid.
A.
Bar setups, piercing needles, razor blades or other
sharp instruments which are not to be sterilized shall be disposed
of in medically approved sharps containers that are puncture-resistant
and have tight-fitting lids.
B.
Containers of sharp wastes shall be sent to a proper
infectious waste facility where they are either incinerated or otherwise
rendered nonhazardous.
C.
Disposable waste shall be placed in easily cleanable,
closed containers with tight-fitting lids, to prevent leakage or spoilage.
D.
Waste containers shall be kept closed when not in
use.
E.
Disposable waste shall be handled, stored and disposed
of to minimize direct exposure of personnel to waste materials.
F.
Only waste haulers licensed by the Franklin Board
of Health may be used for disposal of waste materials.
G.
A copy of the contract with a waste hauler shall be
provided upon request to the Health Agent.
Mobile body art studios shall not be allowed
to operate in the Town of Franklin.
A.
A registration (permit) fee in the amount established
by the Town of Franklin shall be required of all persons registering
as body artists.
B.
Payment of fees shall be made at the Franklin Board
of Health Department, 150 Emmons Street, Franklin, MA 02038, Check
made payable to the Town of Franklin.
C.
A registration fee of $136 per facility and $58 per
operator is hereby established.
A.
The body artist registration shall be suspended immediately
upon notice to the holder (without a hearing) when BOH has reason
to believe that an imminent health hazard exists.
B.
In all other instances of violation of the provisions
of the rules and regulations, the Franklin Board of Health may serve
the registrant (permit holder) a written notice specifying the violation(s)
and afford the registrant or certificate holder a reasonable opportunity
to correct the same and/or the issuance of a noncriminal violation
ticket and/or may seek the issuance of criminal process.
(1)
Whenever a registrant has failed to comply with any
written notice issued under the provisions of these rules and regulations.
(2)
The holder of the body art registration (permit) shall
be notified in writing that the registration or certificate shall
be suspended at the end of 10 days following the service of the notice
unless a request for a hearing is made within the ten-day period.
Nothing herein shall prohibit the BOH from suspending a permit after
a hearing.
(3)
Any person whose registration has been suspended may
make a request in writing for reinstatement of the registration.
(4)
For serious or repeated violations of any of the requirements
of these rules and regulations or for interference with the BOH in
the performance of its duties, or for persons found guilty of any
crime related to body art, the body art registration may be permanently
revoked after an opportunity for a hearing has been provided.
(5)
Every person who shall perform body art without a
certificate of registration may be penalized by indictment in the
Superior Court or on complaint brought in the District Court. Except
as may be otherwise provided by law and as the court may see fit to
impose, the maximum penalty for each violation, or offense brought
in such a manner, shall be $300 per violation per day.
(6)
Body art of minors. Every person who shall perform
body art on any minor under the age of 18, without the written consent
and presence of a parent or legal guardian for parts other than the
genitalia areas of minors, which shall not be pierced or tattooed,
may be penalized by indictment in the Superior Court or on complaint
brought in the District Court. Except as may be otherwise provided
by law and as the court may see fit to impose, the maximum penalty
for each violation, or offense brought in such a manner, shall be
$300, per violation, per day.
(7)
Civil enforcement through fines under MGL c. 40, § 21D
or Board of Health Body Art rules and regulation.
(a)
Fine allowed: $100.
(b)
Enforcement Agents: Board of Health and its
agents.
(c)
Fine Schedule (each day of noncompliance is
considered a separate offense): first offense, $25; second offense,
$50; third and subsequent offenses, $100.
(d)
In all cases, the owner of the establishment
is responsible for all fines.
