[Adopted effective 7-30-2001; amended 1-16-2002]
Body art practitioners should demonstrate knowledge
of and practice universal precautions, sanitation, personal hygiene,
sterilization and aftercare safety measures to prevent the transmission
of disease or injury to the client and/or practitioner. In advancement
of these principles, the Board of Health of the Town of Lexington
passes these rules and regulations for the practice of body art in
the Town of Lexington as part of its mission to protect the health,
safety and welfare of the public.
These regulations are promulgated under the
authority granted to the Board of Health under MGL c. 111, § 31.
As used in this article, the following terms
shall have the meanings indicated:
Written instructions given to the client, specific to the
body art procedure(s) rendered, concerning how the client should care
for the body art site, including information about when to seek medical
treatment, if necessary.
Any person who applies to the Board of Health for either
a body art establishment permit or practitioner permit.
An apparatus for sterilization which utilizes steam pressure
at a specific temperature over a particular period of time.
A process which results in 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 (psi)
at a temperature of 270° F.
OSHA Guidelines contained in 29 CFR 19 10.1030, titled "Occupational
Exposure to Bloodborne Pathogens."
The practice of physical body adornment by permitted establishments
and practitioners using, but not limited to, the following techniques:
body piercing, tattooing, cosmetic tattooing, branding and scarification.
The term "body art" shall not include ear piercing, as defined herein,
nor practices that are considered medical procedures by the Board
of Registration in Medicine, such as implants under the skin, and
are otherwise regulated as such.
A location, place or business (whether public or private)
that has been granted a permit by the Board of Health pursuant to
these regulations where the practices of body art are performed, whether
or not for profit.
An individual who has been granted a permit by the Board
of Health to perform body art in a body art establishment.
The specific area of the body in or on which any body art
procedure is performed.
Puncturing or otherwise 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. The term "body piercing"
shall exclude ear piercing as defined herein.
The cutting of strips of skin of a person, which strips are
then to be intertwined with one another and placed onto such person
for the purpose of causing the incised and interwoven strips of skin
to heal in such intertwined condition.
The use of a heated material (usually metal) to the skin
for the purpose of causing a serious burn to induce a pattern of scar
tissue on the skin.
The location in a body art establishment which is used for
the sterilization, sanitation or other cleaning of equipment used
in the practice of body art.
An individual who requests and receives a body art procedure(s)
at a body art establishment.
Waste as defined in 105 CMR 480.000 et seq., Storage and
Disposal of Infectious or Physically Dangerous Medical or Biological
Waste (State Sanitary Code, Chapter VIII) and/or 29 CFR 1910.1030.
The term "contaminated waste" shall include, but shall not be limited
to, any liquid or semiliquid blood or other potentially infectious
material; contaminated items that would release blood or other potentially
infectious material in a liquid or semiliquid state if compressed;
items on which there is dried blood or other potentially infectious
material and which are capable of releasing these materials during
handling; and sharps and any wastes containing blood or other potentially
infectious materials.
The implantation of permanent pigment in, on or around the
eyes, lips and cheeks of the face.
A product registered as a disinfectant by the United States
Environmental Protection Agency (EPA).
The destruction of disease-causing microorganisms on inanimate
objects or surfaces.
The puncturing of the lobe of the ear with a pre-sterilized
single-use stud-and-clasp ear-piercing system.
All machinery, fixtures, containers, vessels, tools, devices,
implements, furniture, display and storage areas, sinks and all other
apparatuses and appurtenances used in the operation of a body art
establishment.
Contact of an eye, mouth or other mucus membrane, non-intact
skin with potentially infectious matter, including but not limited
to blood or other bodily fluids of another person.
A lavatory equipped with hot and cold running water under
pressure, used solely for washing or disinfecting hands, arms or other
portions of the body.
Water that attains and maintains a temperature of 110°
to 130° F.
Hand pieces, needles, needle bars, and other implements that
may come in contact with a client's body or may be exposed to blood
or other bodily fluids during any body art procedure.
Describes any body art procedure during which any instruments
enter the client's body into or through the skin or mucosa, either
by incision or insertion, or by any other means intended to puncture,
break or otherwise compromise the skin or mucosa.
Any ornament inserted into a newly pierced area.
A light reflectance value of 70% or greater.
Any person under the age of 18 years.
Any trailer, truck, car, van, camper or other motorized or
nonmotorized vehicle; a shed, tent or other movable structure; a bar,
home or other facility; or a concert, fair, party or other event or
temporary establishment used to conduct body art procedures.
Any person that individually, or jointly or severally with
others, owns or controls a body art establishment but is not a body
art practitioner.
Approval of the Board of Health in writing to either operate
a body art establishment or operate as a body art practitioner within
a body art establishment. Said permit is exclusive of the establishment's
compliance with other federal, state or local licensing or permitting
requirements.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
An individual licensed as a qualified physician by the Board
of Registration in Medicine pursuant to MGL c. 112, § 2.
Any surface of an inanimate object that contacts the client's
unclothed body during a body art procedure or on which skin preparation
of the area adjacent to and including the body art procedure is performed.
Clean and free of agents of infection or disease.
The application of an EPA registered sanitizer on a cleaned
surface in accordance with the label instructions.
Altering skin texture by cutting the skin and controlling
the body's healing process in order to produce wounds, resulting 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, leakproof container that can be closed
for handling, storage, transportation and disposal of sharps and that
is labeled with the international biohazard symbol.
Products or items that are intended for one-time, one-person
use and that are disposed of after use on each client, including but
not limited to cotton swabs or balls, tissues or paper products, paper
or plastic cups, gauze and sanitary coverings, razors, piercing needles,
scalpel blades, stencils, ink cups, protective gloves, inks, dyes
and pigments. All products applied to the skin, such as but not limited
to body art stencils, applicators, gauze and razors, are single-use
items.
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 creating a tattoo. This term includes all forms
of cosmetic tattooing.
Placing, injecting or inserting an object, device or other
thing made of matters such as steel, titanium, rubber, latex, plastic,
glass or other inert materials beneath the surface of the skin of
a person. This term does not include body piercing.
A unit which removes all foreign matter from instruments
by means of high-frequency oscillations transmitted through the contained
liquid. Such unit must be approved by the Board of Health and must
be large enough to fully submerge instruments in liquid.
Includes 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.
Pursuant to universal precautions, body art practitioners and operators
and clients must assume that all human blood and specified human body
fluids are infectious for HIV, HBV and other blood pathogens. The
complete set of guidelines and controls is 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 (MMWR), 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 MMWR, July 12, 1991, Vol. 40, No. RR-8.
A.
No tattooing shall be performed on a person under
the age of 18. No piercing of genitalia, branding or scarification
shall be performed in the Town of Lexington.
B.
Body piercing, other than piercing the genitalia,
may be performed on a person between the ages of 14 and 18 if that
person is accompanied by a properly identified parent, legal custodial
parent or legal guardian who has signed a form consenting to such
procedure. The parent or legal guardian must produce a valid photo
identification and the minor must produce a valid birth certificate.
Body piercing of persons who have not reached their 14th birthday
is prohibited.
C.
No body art shall be performed upon an animal, unless
otherwise required by law.
D.
The following body piercings are hereby prohibited:
piercing of the uvula, tracheal area, neck, ankle, web area of the
hand or foot, lingual frenulum (tongue web), clitoris, anus, eyelid
(whether top or bottom) or gums; piercing between the ribs or vertebrae;
any form of chest or deep muscle piercings, excluding the nipple;
piercing or skewering of a testicle; "deep" piercing of the penis
(piercing through the shaft of the penis); "transpenis" piercing in
any area from the corona glandis to the pubic bone; "deep" piercing
of the scrotum (piercing through the scrotum) or "transscrotal" piercing;
and "deep" piercing of the vagina.
E.
The following practices are hereby prohibited unless
performed by a physician, as defined herein: tongue splitting; braiding;
three-dimensional body art, as defined herein; tooth filing/fracturing/removal/tattooing;
cartilage modification; amputation; genital modification; and inserting
saline or other liquids into any part of the body.
F.
No person shall establish or operate a mobile or temporary
body art establishment.
Unless otherwise permitted by the Board of Health,
each body art establishment shall be constructed, operated and maintained
to meet the following minimum requirements:
A.
Physical plant.
(1)
Walls, floors, ceilings, and procedure surfaces
shall be smooth, durable, free of open holes or cracks, light colored,
washable, and in good repair. Walls, floors, and ceilings shall be
maintained in a clean condition. All procedure surfaces, including
client chairs/benches, shall be of such construction as to be easily
and thoroughly cleaned and sanitized after each client.
(2)
Solid partitions or walls extending from floor
to ceiling shall separate the establishment's space from any other
room used for human habitation, food establishment or room where food
is prepared, hair salon, retail sales, or any other such activity
that may cause potential contamination of procedure surfaces.
(3)
The establishment shall take all measures necessary
to ensure against the presence or breeding of insects, vermin, and
rodents within the establishment or within rooms adjacent to the establishment.
(4)
The establishment shall have a minimum of 45
square feet of floor space for each practitioner.
(5)
The establishment shall have an area that may
be screened from public view for clients requesting privacy. Multiple
body art stations shall be separated by dividers or partitions at
a minimum.
(6)
The establishment shall be well ventilated and
shall contain an artificial light source equivalent to at least 20
footcandles three feet off the floor, except that at least 100 footcandles
shall be provided at the level where the body art procedure is being
performed and where instruments and sharps are assembled and in all
cleaning areas.
(7)
All electrical outlets in the establishment
shall be equipped with approved ground fault (GFCI) protected receptacles.
(8)
The establishment shall install at least one
readily accessible hand sink for each procedure surface. Each hand
sink should be equipped with wrist- or foot-operated controls and
supplied with liquid soap and disposable paper towels stored in fixed
dispensers.
(9)
The establishment shall install at least one
janitorial sink for use in cleaning the establishment and for proper
disposal of noncontaminated liquid wastes in accordance with all applicable
federal, state and local laws. Said sink shall be of adequate size
and equipped with hot and cold running water under pressure and shall
permit the cleaning of the establishment and any equipment used for
cleaning.
(10)
The establishment shall have a minimum of one
toilet room containing a toilet and sink. The toilet room shall be
provided with toilet paper, liquid hand soap and paper towels stored
in a fixed dispenser. A body art establishment permanently located
within a retail shopping center (or similar setting which houses multiple
operations within one enclosed structure having shared entrance and
exit points) shall not be required to provide a separate toilet room
within such body art establishment if Board of Health approved toilet
facilities are located in the building within 300 feet of the body
art establishment so as to be readily accessible to any client or
practitioner.
(11)
The public water supply entering the establishment
shall be protected by a testable, reduced-pressure backflow preventer
installed pursuant to 248 CMR 2.10 et seq.
(12)
The establishment shall have at least one covered,
foot-operated waste receptacle adjacent to each procedure surface
and in each toilet room. Each receptacle shall be emptied daily. Solid
waste shall be stored in covered, leakproof, rodent-resistant containers
and shall be removed from the premises at least weekly.
(13)
The establishment shall have a sharps container
for each procedure surface and each cleaning area.
(14)
All instruments and supplies shall be stored
in clean, dry, and covered containers. Containers shall be kept in
a secure area specifically dedicated to the storage of all instruments
and supplies.
(15)
The establishment shall have a cleaning area.
Every cleaning area shall contain an autoclave or other sterilization
unit located or positioned at least 36 inches from the required ultrasonic
cleaning unit.
(16)
The establishment shall have a customer waiting
area separate from any workstation, instrument storage area, procedure
surface, cleaning area or any other area in the body art establishment
used for body art activity.
(17)
No animals of any kind shall be allowed in a
body art establishment except service animals used by persons with
disabilities (e.g., seeing eye dogs). Fish aquariums may be allowed
in waiting rooms and in other nonprocedural areas.
(18)
Smoking, eating or drinking is prohibited in
the area where body art is performed, with the exception of nonalcoholic
fluids ingested by clients during or after a body art procedure.
B.
Requirements for single-use items.
(1)
Single-use items, as defined herein, shall not
be used on more than one client for any reason.
(2)
After use, all single-use sharps shall be immediately
disposed of in approved sharps containers pursuant to 105 CMR 480.000
et seq.
(3)
Hollow bore needles or needles with cannula
shall not be reused.
(4)
All inks, dyes, pigments, solid core needles,
and equipment used during body art procedures shall be specifically
manufactured for performing body art procedures and shall be used
according to manufacturer's instructions.
(5)
Inks, dyes or pigments may be mixed and may
only be diluted with water from an approved potable source. Immediately
before a tattoo is applied, the dye to be used shall be transferred
from the dye bottle and placed into single-use paper or plastic cups.
Upon completion of the tattoo, these single-use cups and their contents
shall be discarded.
C.
Sanitation and sterilization measures and procedures.
(1)
All nondisposable instruments used for body
art, including all reusable solid core needles, pins and stylets,
shall be cleaned thoroughly after each use by scrubbing with an appropriate
soap or disinfectant solution and hot water. Thereafter, such instruments
must be cleaned by an ultrasonic cleaning unit, as defined herein.
(2)
After being cleaned, all nondisposable instruments
used for body art shall be packed individually in sterilizer packs
and subsequently sterilized in a steam autoclave, as defined herein
and approved by the United States Food and Drug Administration. All
sterilizer packs shall contain either a sterilizer indicator or internal
temperature indicator. Sterilizer packs must be dated with an expiration
date of at least six months after the date of use.
(3)
The autoclave shall be used, cleaned, and maintained
according to the manufacturer's instruction. A copy of the manufacturer's
recommended procedures for the operation of the autoclave must be
available for inspection by the Board of Health. The autoclave shall
not have contact with workstations or areas frequented by the public.
(4)
Spore destruction tests shall be performed monthly
on the autoclave to demonstrate that it is capable of attaining sterilization.
These tests shall be verified through an independent laboratory. Any
documented failure of a spore destruction test by an autoclave may
result in the nonissuance or revocation of a permit, as defined herein.
All test records shall be retained by the operator for a period of
three years and made available to the Board upon request.
(5)
All instruments used for body art procedures
shall remain stored in sterile packages until immediately prior to
the performance of a body art procedure. After sterilization, the
instruments must be placed in a tightly covered container (or in a
sharps container, where applicable) and shall be stored in a dry,
clean cabinet or shelf.
(6)
All jewelry, as defined herein, 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, which is free of nicks, scratches, or irregular surfaces
and has been properly sterilized prior to use.
(7)
Sterile instruments may not be used if the package
has been breached or after the expiration date without first repackaging
and re-sterilizing.
(8)
If the body art establishment uses only single-use,
disposable instruments and products, and uses only sterile supplies,
it is not required to have an autoclave.
(9)
When assembling instruments used for body art
procedures, the practitioner shall wear disposable medical gloves
and take appropriate precautions to ensure that the instruments and
gloves are not contaminated.
(10)
Reusable cloth items shall be mechanically washed
with detergent and mechanically dried after each use. The cloth items
shall be stored in a dry, clean environment until used. Should such
items become contaminated directly or indirectly with bodily fluids,
the items shall be washed at a temperature of 160° F. or a temperature
of 120° F. with the use of chlorine disinfectant.
D.
Posting requirements. The following shall be prominently
displayed:
(1)
A disclosure statement, a model of which shall
be available from the Board of Health. A disclosure statement shall
also be given to each client, advising him/her of the risks and consequences
of body art procedures.
(2)
Contact information for the Lexington Board
of Health.
(3)
An emergency plan, including:
(a)
A plan for the purpose of contacting police,
fire or emergency medical services in the event of an emergency;
(b)
A telephone in good working order shall be easily
available and accessible to all employees and clients during all hours
of operation; and
(c)
A sign at or adjacent to the telephone indicating
the correct emergency telephone numbers.
(4)
An occupancy and use permit as issued by the
Lexington Building Inspector.
(5)
A current permit to operate a body art establishment.
(6)
Each body art practitioner's permit.
E.
Establishment recordkeeping. Each body art establishment
shall maintain the following records in a secure place for a minimum
of three years, and such records shall be made available to the Board
of Health upon request:
(1)
Establishment information, which shall include:
(a)
Name of the establishment;
(b)
Hours of operation;
(c)
Owner's name and address;
(d)
A complete description of all body art procedures
performed;
(e)
An inventory of all instruments and body jewelry,
all sharps, and all inks used for any and all body art procedures.
The inventory shall include names of manufacturers and serial or lot
numbers, if applicable; invoices or packing slips may satisfy this
requirement;
(f)
A material safety data sheet, when available,
for each ink and dye used by the establishment;
(g)
Copies of waste hauler manifests;
(h)
Copies of commercial biological monitoring tests;
(i)
Exposure incident report (kept permanently);
and
(j)
A copy of these regulations.
(2)
Employee information, which shall include:
(a)
Full legal names;
(b)
Date of birth;
(c)
Home address;
(d)
Home/work phone numbers;
(e)
Identification photograph;
(f)
Dates of employment;
(g)
Exact duties;
(h)
Hepatitis B vaccination status or declination
notification; and
(i)
Training records.
(j)
CORI (criminal offender record information)
on all employees at the establishment.
(3)
Client information.
(a)
Client information, which shall include:
[1]
Client's name, age, and address;
[2]
A copy of a valid photo identification;
[3]
Date of the procedure(s);
[4]
Name of the practitioner who performed the procedure(s);
[5]
Description of procedure(s) performed and the
body art site;
[6]
A signed consent form pursuant to § 155-124D(2); and
[7]
If the client is a person under the age of 18,
proof of parental or guardian identification, presence and consent,
including a photocopy of the photographic identification of the parent
or guardian.
(b)
Client information must be kept confidential
at all times.
(4)
Exposure control plan. Each establishment shall
create, update, and comply with an exposure control plan. The plan
shall be submitted to the Board of Health, which shall ensure that
the plan conforms to the requirements of OSHA regulations, including
but not limited to 29 CFR 1910.1030 et seq., OSHA Bloodborne Pathogens
Standards. A copy of the plan shall be maintained at the body art
establishment at all times and shall be made available to the Board
of Health upon request.
Body art practitioners must comply with the
following minimum health standards:
A.
A practitioner shall perform all body art procedures
in accordance with universal precautions, as defined herein.
B.
A practitioner shall refuse service to any person
who appears to a reasonable person to be under the influence of alcohol
or drugs.
C.
No practitioner shall use an ear-piercing system on
any part of the client's body other than the lobe of the ear.
D.
Health history and informed consent. Prior to performing
a body art procedure on a client, the practitioner shall:
(1)
Inform the client, verbally and in writing,
that the following health conditions may increase health risks associated
with receiving a body art procedure:
(a)
History of diabetes;
(b)
History of hemophilia (or other bleeding condition);
(c)
History of skin diseases, skin lesions, or skin
sensitivities to soaps or disinfectants;
(d)
History of allergies or adverse reactions to
pigments or dyes;
(e)
History of epilepsy, seizures, fainting, or
narcolepsy;
(f)
Use of medications such as anticoagulants, which
thin the blood and/or interfere with blood clotting; and
(g)
Any other conditions such as hepatitis or HIV.
E.
A practitioner shall maintain the highest degree of
personal cleanliness, conform to best standard hygienic practices,
and wear clean clothes when performing body art procedures. Before
performing body art procedures, the practitioner must thoroughly wash
her hands in hot running water with liquid soap, then rinse her hands
and dry them with disposable paper towels. This shall be done as often
as necessary to remove contaminants.
F.
When performing body art procedures, a practitioner must wear disposable single-use gloves. Under no circumstances shall a single pair of gloves be used on more than one person. Gloves shall be changed if they become pierced, torn, or otherwise contaminated by contact with any unclean surface or object or by contact with a third person. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client, and the practitioner's hands must be washed in accordance with Subsection E before the next set of gloves is put on.
G.
The skin of the practitioner shall be free of rash
or infection. No practitioner affected with boils, infected wounds,
open sores, abrasions, weeping dermatological lesions or acute respiratory
infection shall work in any area of a body art establishment in any
capacity in which there is a likelihood that that person could contaminate
clients, other practitioners, body art equipment, supplies, or working
surfaces with body fluids or pathogenic organisms.
H.
Any item or instrument used for body art that is contaminated
during the body art procedure shall be discarded and replaced immediately
with a new disposable item or a new sterilized instrument or item
before the procedure resumes.
I.
A practitioner's preparation of and care for a client's
skin must comply with the following:
(1)
Any body art site must be free of rash or any
visible infection.
(2)
Before a body art procedure is performed, the
body art site shall be washed with soap and water and an approved
surgical skin preparation.
(3)
If shaving is necessary, single-use disposable razors or safety razors with single-service blades must be used. Blades shall be discarded after each use, and reusable holders shall be cleaned and autoclaved after use pursuant to § 155-123C. Following shaving, the skin and surrounding area shall be washed with soap and water. The washing pad shall be discarded after a single use.
(4)
In the event of bleeding, all products used
to stop the bleeding or to absorb blood shall be single use and discarded
immediately after use in appropriate covered containers and disposed
of in accordance with 105 CMRR 480.000 et seq.
J.
Petroleum jellies, soaps, and other products used
in the application of stencils shall be dispensed and applied on the
body art site with sterile gauze or a similarly sterile applicator
to prevent contamination of the original container and its contents.
The applicator or gauze shall be discarded after a single use.
K.
Aftercare instructions.
(1)
The practitioner shall provide each client with
verbal and written instructions on the aftercare of the body art site.
The written instructions shall advise the client:
(2)
A model set of aftercare instructions shall
be made available by the Board of Health.
L.
Contaminated waste shall be stored, treated and disposed
of in accordance with 105 CMR 480.000 et seq., Storage and Disposal
of Infectious or Physically Dangerous Medical or Biological Waste
(State Sanitary Code, Chapter VIII).
An exposure incident report shall be completed
by the close of the business day during which an exposure has or might
have taken place by the involved or knowledgeable body art practitioner
for every exposure incident occurring in the conduct of any body art
activity. This incident report shall be filed within one business
day with the Board of Health. Each exposure incident report shall
contain:
A.
A copy of the application and consent form for body
art activity completed by any client involved in the exposure incident;
B.
A full description of the exposure incident, including
the portion of the client's body involved therein;
C.
Instrument(s) or other equipment implicated;
D.
A copy of the body art practitioner license of the
involved body art practitioner;
E.
Date and time of exposure;
F.
A copy of any medical history provided by the involved
client to the body art establishment or body art practitioner; and
G.
Information regarding any recommendation to refer
to a physician or waiver to consult a physician by persons involved.
A written report of any actual or alleged injury,
infection complication or disease caused by a body art procedure shall
be forwarded by the operator to the Board of Health, with a copy to
the involved client, within one working day of its occurrence. The
report shall include:
A.
The name of the client involved;
B.
The name and location of the body art establishment
involved;
C.
The nature of the actual or alleged injury, infection
complication or disease;
D.
The name and address of the involved client's health
care provider, if any;
E.
The name of the practitioner involved; and
F.
Any other information potentially relevant to the
situation.
A.
The Board of Health shall investigate complaints received
concerning an establishment, operator or practitioner that may violate
any provision of these regulations.
B.
If the Board of Health finds that an investigation
is not required because the alleged condition, act or practice does
not constitute a violation of these regulations, then the Board shall
notify the complainant in writing of its finding and the reasons on
which it is based.
C.
If the Board of Health finds that an investigation
is required because the alleged condition, act or practice may constitute
a violation of these regulations, the Board shall investigate. The
scope of the Board's investigation shall be within the Board's discretion.
If a finding is made that the condition, act or practice is in violation
of these regulations, then the Board shall apply whatever remedy it
deems to be appropriate and shall notify the complainant of its findings
and remedies in writing.
A.
No person may operate a body art establishment without
a valid permit from the Board of Health. The annual fee for the body
art establishment permit shall be $150.
B.
Applications for a permit shall be made on forms created
by and available from the Board of Health. An applicant shall submit
all information required by the form and accompanying instructions.
C.
An establishment permit shall be valid from the date
of issuance and for no longer than one year unless revoked sooner
by the Board of Health. The applicant must renew the establishment
permit prior to the end of the year term to ensure continuous operation
of the body art establishment.
D.
Where an establishment has maintained a valid permit
for the duration of its year term and where the applicant seeks to
renew such permit prior to the expiration of the original year term
but the original year term expires while the renewal application is
still pending before the Board of Health, the establishment may continue
to operate while the renewal application is pending before the Board.
E.
The applicant must provide, at a minimum, the following
information to the Board of Health in order to be issued an establishment
permit:
(2)
The manufacturer, model number, model year,
and serial number, where applicable, of the autoclave used in the
establishment;
(3)
A signed and dated acknowledgment that the applicant
has received, read and understood the requirements of these regulations;
(4)
A drawing, to scale, of the floor plan of the
proposed establishment for a plan review by the Board of Health;
(5)
An exposure control plan, as specified in § 155-123E(4) herein;
(6)
Such additional information as the Board of
Health may reasonably request.
F.
A permit for a body art establishment shall not be
transferable from one establishment or person to another.
A.
No person shall practice body art or perform any body
art procedure without first obtaining a practitioner permit from the
Board. The annual fee for a practitioner permit shall be $100.
B.
A practitioner shall be at least 18 years of age.
C.
A practitioner permit shall be valid from the date
of issuance and shall expire no later than one year from the date
of issuance unless revoked sooner by the Board of Health. The applicant
must renew his/her practitioner permit prior to the end of the year
term to ensure continuous operation of the body art establishment.
D.
Where a practitioner has maintained a valid permit
for the duration of its year term and where the applicant seeks to
renew such permit prior to the expiration of the original year term,
but the original year term expires while the renewal application is
still pending before the Board of Health, the practitioner may continue
to perform body art procedures while the renewal application is pending
before the Board.
E.
An applicant for a practitioner permit shall provide
his/her:
F.
Practitioner training and experience.
(1)
In reviewing an application for a practitioner
permit, the Board of Health may consider experience, training and/or
certification acquired in other jurisdictions that regulate body art.
(2)
Training for all practitioners shall be approved
by the Board of Health and, at a minimum, shall include the following:
(a)
A bloodborne pathogen training program (or equivalent)
which includes teaching the proper methods for infectious disease
control, waste disposal, handwashing, operating sterilization equipment,
sanitization, disinfection, and sterilization; and
(b)
Current certification in first aid and cardiopulmonary
resuscitation (CPR). Examples of courses approved by the Board of
Health include "Preventing Disease Transmission" (American Red Cross)
and "Bloodborne Pathogen Training" (U.S. OSHA). Training/courses provided
by professional body art organizations or associations or by equipment
manufacturers may also be submitted to the Board for approval.
(3)
The applicant for a body art practitioner permit
shall provide documentation, acceptable to the Board of Health, that
s/he completed a course on anatomy and physiology with a grade of
C or better at a college accredited by the New England Association
of Schools and Colleges, or by a comparable accrediting entity. This
course must include instruction on the system of the integumentary
system (skin). Such other course or program as the Board shall deem
appropriate and acceptable may be substituted for the anatomy course.
G.
A practitioner's permit shall be conditioned upon
continued compliance with all applicable provisions of these regulations
and a satisfactory criminal background report in accordance with Board
of Health policies on this matter.
A.
The Board of Health may suspend a permit, deny a permit,
revoke a permit or refuse to renew a permit on the following grounds,
each of which, in and of itself, shall constitute full and adequate
grounds for suspension, denial, revocation or refusal to renew:
(1)
Any actions that put the health or safety of
the public at risk;
(2)
Fraud, deceit or misrepresentation in obtaining
a permit, or its renewal;
(3)
Criminal conduct, determined through a Massachusetts
criminal offender record information (CORI) check, which the Board
of Health determines to be of such a nature as to render the establishment,
practitioner or applicant unfit to practice body art. Establishments
and practitioners must obtain a Massachusetts CORI check for themselves
and employees who have lived and worked in Massachusetts at any time
after attaining the age of 17 (including temporary stays; for example,
college) or lived and worked in any state contiguous with Massachusetts
at any time after attaining the age of 17. For owners and practitioners
whose permanent residence is not Massachusetts (out of state and international),
information may be obtained from the applicant's local Chief of Police,
or other local authority with access to relevant information, a criminal
record check, or its recognized equivalent. If a permit is allowed
to lapse for any period, a new criminal history check will be made.
Sufficient evidence of such criminal conduct shall include criminal
proceedings resulting in a conviction, guilty plea, or plea of nolo
contendere or an admission of sufficient facts;
(4)
Any present or past violation of these regulations;
(5)
Practicing body art while the ability to practice
is impaired by alcohol, drugs, physical disability or mental instability;
(6)
Knowingly permitting, aiding or abetting an
unauthorized person to perform activities requiring a permit;
(7)
Continuing to practice or operate a body art
establishment while his/her permit is lapsed, suspended, or revoked;
(8)
Having been disciplined in another jurisdiction
in any way by the proper permitting authority for reasons substantially
the same as those set forth in these regulations; and
(9)
Other just and sufficient cause which the Board
of Health, in its discretion, may determine would render the establishment,
practitioner or applicant unfit to practice body art.
B.
The Board of Health shall notify an applicant, operator/owner or practitioner in writing of any violation of these regulations for which the Board intends to deny, revoke, or refuse to renew a permit. The applicant, establishment or practitioner shall have seven days after receipt of such written notice in which to remedy the violation. The Board may deny, revoke or refuse to renew a permit if the applicant, establishment or practitioner fails to remedy the violation after said seven days subject to the procedure outlined in § 155-132.
C.
Applicants denied a permit may reapply at any time
after denial.
D.
Grounds for suspension of permit. The Board of Health
may summarily suspend a permit pending a final hearing on the merits
on the question of revocation if, based on the evidence before it,
the Board determines that an establishment and/or a practitioner is
an immediate, likely, and serious threat to the public health, safety
or welfare. The suspension of a permit shall take effect immediately
upon written notice to the permit holder of such suspension by the
Board.
A.
The applicant, operator/owner or practitioner shall
be given written notice of the Board of Health's intent to hold a
hearing for the purpose of suspension, revocation, denial or refusal
to renew a permit. This written notice shall be served through a certified
letter sent return receipt requested or by constable. The notice shall
include the date, time and place of the hearing and the applicant,
operator/owner or practitioner's right to be heard. The Board shall
hold the hearing no later than 21 days from the date the written notice
is received.
If any section, paragraph or part of these regulations
is for any reason declared invalid or unconstitutional by any court,
every other section, paragraph and part shall continue in full force.
Nothing in these regulations shall be construed
to restrict, amend, repeal, or otherwise limit the application or
enforcement of existing Town of Lexington bylaws or Commonwealth of
Massachusetts laws.
These regulations shall be effective as of January
16, 2002.
