The surface of all equipment and furniture located
in an area used for body art activity or instrument storage area,
including, but not limited to, counters, tables, equipment, benches,
chairs, recliners, shelves, storage containers and cabinets in the
workstations, cleaning areas and instrument storage areas shall be
made of materials that are, or shall be treated so as to be, smooth,
nonabsorbent, nonporous, easily cleanable and able to withstand repeated
cleaning and disinfection.
A.
Every body art establishment shall have the following
so as to ensure the cleaning and maintenance of an adequate supply
of instruments for use in body art activity:
(1)
One or more ultrasonic cleaning units sold for cleaning
purposes under approval of the Food and Drug Administration (FDA).
Every ultrasonic cleaning unit shall be clearly labeled biohazardous
and installed or placed in an area separate from any workstation or
area used for sterilization in accordance with the requirements set
forth by the Occupational Safety and Health Administration (OSHA);
(2)
One or more sterilization units sold for medical sterilization
purposes under approval of the FDA; and
(3)
One or more commercial biological monitoring (spore)
system tests per each sterilization unit, consistent with the sterilization
unit manufacturer's instructions for use by the Board during inspection.
B.
The requirements of Subsection A shall not apply if pre-sterilized, individually packaged, needle chamber machine tips, machine casings and combo-couples are exclusively used for body art activity.
C.
Only single-use needles are permitted for body art
procedures.
A.
Every workstation shall have a foot-operated, covered,
cleanable, waste receptacle for disposal of trash and other debris.
B.
Every body art establishment shall have a waste receptacle
exclusively used for the disposal of contaminated waste in accordance
with 105 CMR 480.000, Storage and Disposal of Infectious or Physically
Dangerous Medical or Biological Waste, State Sanitary Code, Chapter
VIII. Each such receptacle shall be tightly covered and clearly labeled
as containing biohazardous waste.
Every body art establishment shall maintain
an adequate supply of reusable, launderable linens or single-use linens,
such as drapes, lap cloths and aprons, to be used in body art activity
in accordance with these regulations.
If used in body art activity, rotary pens, also
known as "cosmetic machines," shall have detachable, disposable, sterile
combo-couplers and shall have detachable, disposable casings or casings
designed and manufactured to be easily cleaned and sterilized in accordance
with these regulations.
A.
All inks, dyes and pigments used to alter the color
of skin in the conduct of body art shall be specifically manufactured
for such purpose, approved, properly labeled as to its ingredients,
manufacturer and lot number in accordance with applicable FDA requirements
and shall not be contaminated or adulterated. The mixing of such inks,
dyes or pigments or their dilution with potable sterile water is acceptable,
unless prohibited or not recommended by its/their manufacturer.
B.
Inks, dyes and pigments prepared by or at the direction
of a body art technician for use in body art activity shall be made
exclusively of nontoxic and noncontaminated ingredients approved by
the Board or FDA.
A.
Jewelry or objects intended for bodily insertion shall
be sterilized, in good condition, designed and manufactured for insertion
into the intended body part (i.e., jewelry designed for insertion
in pierced ear lobes shall not be used for insertion in other parts
of the body).
B.
Only jewelry manufactured of implant grade, ASTM F138
and ISO 5832-1 implant grade stainless steel, solid 14K through 24K
gold, niobium, titanium, platinum or other materials considered by
the Board to be equally biocompatible shall be inserted into newly
pierced skin.
Every body art establishment shall have a telephone
in good working order easily accessible to all employees during all
hours of operation for the purpose of contacting and requesting emergency
medical assistance/paramedic services in the event of an emergency
or perceived need. A legible sign shall be posted at or adjacent to
the telephone indicating the correct emergency contact telephone number,
for example 911.
No person shall utilize or have available in
a body art establishment:
A.
Unapproved instruments or materials, such as styptic
pencils or devices, alum, or any similar material, to check the flow
of blood.
B.
Liquid sterilants for the sterilization of any reusable
instrument or component.
C.
Rotary pens that are designed or manufactured with
a sponge-type material at the opening of the chamber for the purpose
of prohibiting the backflow of pigment and body fluid into the machine.
D.
Multiple-use instruments or components that are designed
in such a manner that restrict or prevent proper cleaning or sterilization.
E.
Drugs, chemicals or agents that require a licensed
medical practitioner's authorization for use, application or dispensation.
F.
Suturing kits or suturing devices, scalpels, cauterizing
tools or devices, branding tools or devices, or other tools, devices
or instruments used for or in conjunction with any prohibited body
art activity, and not otherwise used for any permitted body art activity.
B.
Subsection A(2) does not apply to any guide animal, signal animal or service animal, accompanied by a totally or partially blind person or deaf person, person whose hearing is impaired or handicapped person, any dog accompanied by a person licensed to train guide dogs, or any dog accompanied by a uniformed employee of a private patrol operator or an operator of a private patrol during and within the course and scope of their employment as patrol persons.
No person shall smoke, or otherwise use tobacco
within the establishment, eat or drink at or in the workstation, instrument
storage area or cleaning area.
Except as set forth in these regulations, no
person shall commit or permit any act that may expose any person to
disease or illness or otherwise contaminate any instrument or area
in a body art establishment used for body art activity.
A.
An exposure incident report shall be completed by
the close of business on and for every exposure incident occurring
in the conduct of any body art activity.
B.
Each exposure incident report shall contain:
(1)
A copy, where applicable, of the application and consent
form for body art activity completed by any client involved in the
exposure incident;
(2)
A full description of the exposure incident, including
the portion of the body involved therein;
(3)
Instrument(s) or other equipment implicated;
(4)
A copy of the employee/independent operator records
of any body art technician;
(5)
Date and time of exposure;
(6)
Any medical history released to the body art establishment
or body art technician independent operator on any person involved;
and
(7)
Information regarding any recommendation to refer
to a physician or waiver to consult a physician by persons involved.
C.
All exposure incidents reports must be maintained
as permanent records of the establishment.
A.
Every owner of a body art establishment shall have
and retain at the body art establishment for inspection by the Board
the following information for the time period specified below, to
be updated as needed to remain current:
(1)
Exposure control plan: one copy of the exposure control
plan for the body art establishment submitted to the Board;
(2)
Employee records (three years) indicating: name, home
address, home phone number, identification photograph, state identification
card number, physical description as detailed on state identification
card, date of birth, type(s) of body art procedures conducted, exact
duties, dates of employment at location, body art technician permit
number, Hepatitis B vaccination status;
(3)
Body art technician independent operator(s) records
(three years) indicating: name, home address, phone number, state
identification card number, physical description as detailed on state
identification card, date of birth, type(s) of body art procedures
conducted, dates operating at location, body art technician permit
number, Hepatitis B vaccination status;
(4)
Client records (three years): copies of all application
and consent forms for body art activity;
(5)
Waste hauler manifests for contaminated waste and sharps transport and disposal in accordance with 105 CMR 480.000 (three years) (See also § 141-51);
(6)
Training records (three years): documentation to verify
training of exposure control plan to all employees and body art technician
independent operator(s) conducting body art activity at such establishment;
(7)
Dye, ink and pigment records (three years): manufacturer,
color and code information for all dye, ink and pigment; ratios of
colors and sterile water if mixed by the body art technician;
(8)
Instrument records (three years): vendor name, address
and phone number for all instruments intended for use in body art
activity;
(9)
Commercial biological monitoring (spore) system test
results (three years); and
(10)
Body art regulations: one copy of the most current
version of these body art regulations.
B.
Every owner of a body art establishment shall have
and permanently retain at the establishment for inspection by the
Board all exposure incident reports. Disposal or destruction of these
reports is prohibited.
Every area of a body art establishment shall
be kept in good repair, clean and free of all vermin and maintained
so as to prevent contamination of clients and other persons.
A.
All instruments and surfaces of equipment used for
body art activity, including, but not limited to, devices, containers,
cabinets, storage compartments, chairs, tables, counters, and dispensers
shall be maintained clean, fully operative, in good repair and free
from contamination.
B.
All instruments manufactured for performing any specific
body art activity shall be so designated, used and approved, and shall
not be adulterated, contaminated or improperly used. Instruments used
for body piercing shall be constructed of stainless surgical-grade
steel, and designed and manufactured for such use.
C.
Instruments intended for single-use shall not be reused.
A.
Every contaminated reusable instrument or component
thereof, including, but not limited to, needles, needle bars, needle
tubes, needle caps, body piercing tubes, rotary pens, and coil machines,
shall be immersed in water or other approved liquid solution in the
cleaning area until cleaned and sterilized.
B.
Prior to sterilization, every such instrument shall
be thoroughly washed by scrubbing with an appropriate soap or disinfectant
solution and hot water in accordance with manufacturer's instructions
so as to remove contamination.
C.
Upon completion of the washing process as set forth in Subsection B above, every such instrument shall be cleaned using an ultrasonic cleaning unit in accordance with manufacturer's instructions.
D.
Upon completion of the cleaning process as set forth in Subsection C above, every such instrument shall be packaged into procedure set-up packages with color-change indicators designed to indicate complete sterilization thereof, initials of the person responsible for sterilizing the instruments and date of such sterilization. Instruments may be packaged individually or with other instruments to the extent permitted under the package manufacturer's instructions.
E.
Upon completion of the packaging process as set forth in Subsection D above, every such instrument shall be properly sterilized in an approved sterilization unit according to manufacturer's instructions.
F.
If a package becomes wet or is opened or compromised
so as to allow the contamination of the contents of the package, any
instrument therein shall be deemed contaminated and again shall be
washed, cleaned, packaged and sterilized as indicated above prior
to use.
G.
Sterilized instruments shall be stored in a dry, clean
cabinet or tightly covered container. Cabinets and containers designated
for the storage of sterilized instruments shall be used for that purpose
exclusively.
H.
Every sterilized package shall be deemed expired six
months after the date of sterilization. Every instrument therein shall
again be washed, cleaned, packaged and sterilized consistent with
the provisions of this chapter prior to use.
I.
Liquid sterilants shall not be used for the sterilization
of any reusable instrument.
All instruments must be stored in an instrument
storage area in a manner so as to prevent contamination. Identical
instruments shall be exclusively stored together, unless intermingled
storage with different instruments does not represent a hazard as
determined by the Board.
All germicides, disinfectants, chemicals and
cleansers must be used according to the manufacturer's requirements,
used only for the purpose approved and intended by the manufacturer
and properly labeled and stored so as to prevent contamination and
hazard.
All storage containers, cabinets, shelves and
other storage areas in the instrument storage area shall be properly
labeled as to their contents, including, but not limited to, identification
of contaminated or soiled contents as appropriate.
A.
Clean linen shall be stored in a manner so as to prevent
contamination. Containers used for the storage of such linen shall
be clearly labeled as to the contents and used for no other purpose.
Linens that have become soiled or contaminated shall be disposed of,
or not be used, until properly laundered. Contaminated linen shall
be labeled, handled, stored, transported and laundered or disposed
of so as to prevent hazard in a manner approved by the Board.
B.
Any other protective clothing, garments and other
cloth items worn during or used in body art activity and intended
for reuse shall be mechanically washed with detergent and dried after
each use. The items shall be stored in a clean, dry manner and protected
from contamination until used. If washing is conducted in the body
art establishment, all applicable plumbing codes shall apply. Should
such items become contaminated directly or indirectly with bodily
fluids, the items shall be washed in accordance with standards applicable
to hospitals and medical care facilities, at a temperature of 160°
F. or a temperature of 120° F. with the use of chlorine disinfectant.
A.
Every ultrasonic cleaning unit and sterilization unit
shall be used, cleaned and maintained according to manufacturer's
specifications.
B.
Every sterilization unit shall be tested with a commercial
biological monitoring (spore) system test in a manner and frequency
consistent with the manufacturer's instructions, but no less than
once every month, to monitor the efficacy of the unit's eradication
of all living organisms, including spores.
C.
Records, including dates and initials, of these tests
will be available at all times for inspection by the Board.
A.
All waste shall be removed from the body art establishment
on a daily basis and placed in an approved secured receptacle for
pickup and removal.
B.
All contaminated waste and sharps shall be disposed
of through use of an approved medical waste hauler in accordance with
all applicable federal laws and regulations. The frequency of disposal
shall be be no less than every 30 days.
A.
An Environmental Protection Agency (EPA) registered
hard surface disinfectant product such as iodophor, chlorine, phenolic,
or alcohol containing germicide or 1:100 dilution of household nonscented
bleach and water (two tablespoons of bleach in one quart of water)
shall be used after cleaning with water and soap or other appropriate
cleaning compound to disinfect any surface contaminated or reasonably
suspected of such. The disinfectant or germicide shall be applied
using a single-use paper towel.
B.
The workstation, including but not limited to the client's chair, table, tray and similar surfaces, shall be thoroughly cleaned and sanitized with an approved disinfectant or germicide (as set forth in Subsection A above) immediately before and immediately after the conduct of body art upon a client therein/thereon.
A.
Every body art technician shall clean his/her hands
and forearms thoroughly by washing with antibacterial soap and warm
water and promptly dry with single-use towels prior to conducting
any body art activity.
C.
If a glove is pierced, torn or contaminated through
contact with any part of the client not subject to the conduct of
body art, any person other than the client or otherwise exposed to
an unsanitized or nonsterile surface, both gloves must be promptly
removed and discarded into an appropriate waste receptacle.
D.
If the body art technician's gloves are removed at
any time during assembly of instruments or supplies, or the conduct
of body art, the body art technician must clean his/her hands and
don new gloves in accordance with this section.
E.
The use of single-use examination gloves does not
preclude or substitute for hand washing procedures.
A.
Every body art technician shall use linens, properly
cleaned in accordance with these regulations, or new single-use drapes,
lap cloths and aprons for each client receiving body art.
B.
Every substance used in the conduct of body art shall
be dispensed from containers so as to prevent contamination of the
unused portion. Immediately before applying a tattoo or permanent
cosmetics upon a person, the quantity of the ink, dye or pigment to
be used therefor shall be transferred from its/their original bottle
into sterile, single-use disposable cups, caps or containers.
C.
Upon sanitization of the workstation in compliance
with these regulations, the instrument tray shall be covered with
an uncontaminated single-use paper towel or tray cover.
D.
Every instrument required for the conduct of body
art upon a person shall be placed and arranged on the instrument tray
in a manner so as to prevent contamination of sterilized instruments.
All sterilized instruments shall remain in sterile packages until
opened in front of the client.
E.
Sharps containers shall be easily accessible to the
body art technician and located as close as is feasible to the immediate
area where sharps will be used.
A.
The conduct of body art shall occur only upon a client
exclusively in and at a workstation under sterile conditions.
B.
Only the client, the client's parent or guardian if
the client is a minor, the client's guide animal, signal animal or
service animal, and the body art technician conducting the body art
shall be permitted in the workstation during the conduct of body art.
All instruments used in the conduct of body
art shall be without contamination and properly sanitized and sterilized
in accordance with these regulations.
Disposable items used for the conduct of body
art, or which have otherwise become contaminated, shall be promptly
discarded upon completion of the conduct of body art into an appropriate
waste receptacle and disposed of in accordance with 105 CMR 480.000,
Storage and Disposal of Infectious or Physically Dangerous Medical
or Biological Waste, State Sanitary Code, Chapter VIII.
The following shall be deemed as multiple body
art activities on a single client, each requiring proper washing,
cleaning, sanitization and sterilization of instruments, workstations
and other equipment and areas as set forth under these regulations:
Mobile and temporary body art establishments
are not permitted in the Town of Williamstown.
B.
Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations is subject to a fine as stated in Chapter 146, Local Fines, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
[Amended 10-7-2019]
C.
The Board of Health may, after written notice, suspend
or revoke the body artist's permit for violations of this chapter.
D.
The body artist's permit shall be suspended immediately
upon notice to the holder (without a hearing) when the Board has reason
to believe that an imminent health hazard exists.
E.
In all other instances of violation of the provisions
of this administrative regulation, the Board of Health shall serve
the permit holder a written notice specifying the violation and afford
the registrant or certificate holder a reasonable opportunity to correct
the same.
F.
The holder of the body artist's permit shall be notified
in writing that the permit 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.
G.
Any person whose permit has been suspended may make
a written request for reinstatement.
H.
For serious or repeated violations of any of the requirements
of this administrative regulation or for interference with the Board
in the performance of its duties, or for persons found guilty of any
crime related to body art, the body artist's permit may be permanently
revoked after an opportunity for a hearing has been provided.
I.
Every person who shall perform body art without a
valid permit may be penalized by indictment or on complaint brought
in the district court.
J.
Body art on 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 have body art emplaced,
may be penalized by indictment or on complaint brought in the district
court.
The Board of Health may, in its discretion,
waive compliance with a particular requirement of these regulations
when, in its opinion:
A.
The enforcement of the regulation would do manifest
injustice; and
B.
The applicant has proved that the same degree of protection
of the public health, safety and welfare can be achieved without strict
application of the particular provision. Any alternative means of
protection shall be detailed and documented by the applicant to the
satisfaction of the Board of Health.
[Amended 2-7-2011]
A.
Any person
or persons aggrieved by any order issued under this chapter may appeal
by filing a written petition for hearing to the Board of Health, which
must be received within 10 days after the day the order was served.
B.
The hearing
shall be commenced not later than 14 days after the receipt of a petition.
C.
At the
hearing the petitioner and other affected parties shall be given an
opportunity to be heard, to present witnesses or documentary evidence,
and to show why an order should be modified or withdrawn. Failure
to hold a hearing within the time period specified herein shall not
affect the validity of any order.
D.
The Board
of Health shall sustain, modify, or withdraw the order and shall inform
the petitioner.
E.
Any person
aggrieved by the decision of the Board of Health may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this commonwealth.
If any portion, or sentence, clause or phrase
of this regulation shall be held invalid for any reason, the remainder
of this regulation shall continue in full force and effect.
The effective date for this chapter is February
26, 2001.
