[HISTORY: Adopted by the Board of Health of the Town of Walpole effective 6-1-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Body art establishments — See Ch. 598.
[1]
Editor's Note: The Rationale for this regulation states as follows:
The Town of Walpole is promulgating rules and regulations which provide
minimum requirements to be met by any person performing body piercing upon
any individual and for any establishment where body piercing is performed.
These requirements shall include, but not be limited to, general sanitation
of premises wherein body piercing is to be performed and sterilization of
instruments. 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/AIDS).
In addition, these rules and regulations shall establish procedures
for registration with the Walpole Board of Health of all persons performing
body piercing, 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 piercing 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 of Walpole shall be paid by any person or
establishment registered under this [chapter].
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 person who performs piercing of any part of the body other than
the earlobe which is pierced by use of an appropriate piercing gun.
Issuance of a written instrument authorizing the person named therein
to engage in the work of body piercing.
Any method of inserting a needle into the body to place jewelry in
the perforation produced by the needle. Establishments and/or individuals
involved in the piercing of earlobes (only) using approved ear-piercing guns
are subject only to the general rules and regulations, found in § 503-2
of this chapter.
Any solution which destroys germs, and is so labeled.
Any person under the age of 18.
Any person who owns, controls, operates, conducts or manages any
piercing establishment, whether actually performing the work of piercing or
not.
Any room or space where piercing is practiced or where the business
of piercing is conducted or any part thereof.
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 piercing, ("minor" shall
mean any person under the age of 18 years), unless accompanied by a parent
or legal guardian who has signed a consent form. No piercing of the genitalia
of minors shall be allowed.
B.
No piercing of animals shall be allowed in piercing studios.
C.
Preprocedural consultation to discuss body piercing,
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 piercer. Clients should be told to consult with their physician
regarding any medical condition which could be exacerbated by the piercing
procedures (i.e., hemophilia, open sores, etc.).
D.
Patrons who admit to or are obviously under the influence
of alcohol or other judgment altering drugs shall not receive a body piercing.
E.
Body piercers shall not be under the influence of any
substance, legal or illegal, which might impair their judgment or ability
to properly perform body piercing.
F.
Patrons should receive verbal and written instructions
on the cleaning, use of antiseptics and other specific instructions for each
piercing after the piercing, including the signs and symptoms of complications.
G.
Appropriate disinfectants must be used to disinfect the
surface of the skin in the area to be pierced, prior to piercing.
H.
Infections and adverse reactions of any kind suspected
from the application of piercing which become known to the body piercer shall
be reported to the Walpole Board of Health within 24 hours and the patron
advised to seek a physician for examination.
I.
Body piercers who receive needle stick injuries and/or
any potential exposure to bloodborne pathogens on the job shall follow OSHA
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)]
J.
It is recommended that body piercers receive the series
of hepatitis B vaccinations and tetanus doses or booster shot.
K.
The gun used for the piercing of ear lobes only must
be disinfected with an EPA-approved disinfectant such as madicide or a similar
product.
L.
Failure to comply with any of the above regulations may
result in immediate revocation of registration.
A.
No person, or body piercer shall perform body piercing,
display a sign or in any other way advertise or purport to be a body piercer
unless that person holds a valid certificate of registration with the Walpole
Board of Health.
B.
An applicant for registration shall pay a $100 fee established
by the Town of Walpole with an annual renewal fee of $100 and shall show to
the satisfaction of Walpole Board of Health that the applicant:
(1)
Has complied with the applicable rules of the Walpole
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 18 years of age.
(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 piercing, 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 Bloodborne Pathogens.
(4)
Upon application, shall notify the Walpole Board of Health
in writing of the regular address of the place where the person performs or
intends to perform body piercing and shall keep the registration certificate
conspicuously posted in the place of business at all times. Body piercers
shall operate only out of facilities licensed to perform body piercing. Body
piercers shall be required to demonstrate proper sanitary procedures and to
develop and submit their policy on infection control to the Walpole Board
of Health.
C.
Minimal training. Body piercers and their employees must
show evidence or current certification and completing of courses in the first
two areas, prior to receipt of a certificate of registration.
(1)
Basic training in first aid and CPR as well as proof
of attendance at required renewal courses.
(2)
Completion of a course on prevention of disease transmission
and bloodborne 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.
(3)
Body piercers shall complete a course conducted by a
certified professional in anatomy and physiology.
(4)
The Walpole Board of Health shall keep a record of the
place of business of each person who is registered.
(5)
Body piercer registration shall expire on December 31
of each year.
(6)
The place of business shall meet all other department
requirements.
(7)
Liability insurance is strongly recommended for body
piercers.
(8)
Body piercers must present evidence of at least one year
of apprenticeship experience with no history of their piercing causing short-
or long-term health problems.
A.
Standards and requirements.
(1)
Facilities must be located in area zoned for business.
(2)
Studio design, furniture, lighting, plumbing, water and
sewage must be in accordance with local ordinances.
(3)
With the exception of service animals (e.g., guide dogs),
no animals should be allowed on the premises.
(4)
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.
(5)
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 piercing studio and the expulsion of foul or stagnant air.) The use of
a HEPA ventilation system is highly recommended.
(6)
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.
(7)
In accordance with the MA Department of Public Health
Regulation 105 CMR 480.000, State Sanitary Code, Chapter VIII, storage and
disposal of infectious or physically dangerous medical or biological waste
and sharps 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.
(8)
Body piercers shall be equipped with appropriate sterilizing
equipment (i.e., a working steam autoclave). Autoclaves must be spore tested
monthly by independent laboratories to insure they are working adequately.
(9)
Body piercers shall be equipped with appropriate cleansing
equipment (i.e., a working ultrasonic cleaner).
B.
Work area.
(1)
Each body piercing studio shall have a separate work
area not used for any other purpose.
(2)
No one shall be pierced at any other location in the
studio other than the work area.
(3)
No customer should be allowed to perform their own piercing/insertions
anywhere on the premises.
(4)
Work areas shall not be used as a corridor for access
to other rooms.
(5)
The area where body piercing is to be applied must be
performed in a separate room.
(6)
The floors, chairs and table tops where body piercing
equipment and body piercing work is done should be nonporous. Carpet is not
permitted as a floor covering in the work area where the body piercing is
applied.
(7)
The work area should be well lighted. Work areas shall
have at least 50 footcandles of light measured at the height of the work table.
(8)
Facilities shall be equipped with sinks and basins with
hot and cold running water for the exclusive use of the piercers for washing
their hands and preparing their clients for body piercing.
(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 piercing.
A.
Sanitary procedures. Before body piercing:
(2)
Regarding piercer's jewelry:
(a)
Client and piercer 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, or platinum.
Appropriate jewelry has no nicks, scratches, or irregular surfaces which might
endanger the tissues.
(c)
Ear studs or other jewelry designed for earlobe piercing
are not appropriate jewelry for other body parts and must not be used by piercers.
B.
Hand washing and general health. Before working on each
patron, the body piercer shall:
(1)
Inspect hands for small cuts and abrasions.
(2)
Refrain from body piercing or handling equipment if they
have open sores, weeping dermatitis or lesions on hands or arms until the
condition has cleared.
(3)
Refrain from body piercing until the condition has cleared,
if they 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.
C.
Body piercing procedures. Body piercers shall:
(1)
Set up equipment in front of client.
(2)
Sealed autoclave bags containing any equipment required
to be sterile shall be opened in front of the client, and the autoclave bag
discarded.
(3)
All jewelry contaminated with only airborne pathogens
(not previously worn or contaminated) should be disinfected with a nonhazardous
hard-surface disinfectant approved by the EPA. 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.
(4)
All needles used in piercing must be presterilized, used
on one person, in one sitting, for single piercing and immediately disposed
of in a medical sharps container.
(5)
All forceps, tubes, etc., must be presterilized stored
in sterile indicator bags, sealed and dated, used on one person, in one sitting.
After one such use, they must be autoclaved and stored in sterile indicator
bags, sealed and dated.
D.
Disinfection routine. Body piercers shall:
(1)
Put on fresh gloves for disinfection routine.
(2)
Move in a 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.
(9)
All reusable nonsterilizable implements such as marking
pen should be nonporous and disinfected after each use with an EPA-approved
hard-surface disinfection liquid. Nonspray wipes for surfaces and liquids
for soaking jewelry are preferred over spray disinfectants which may disperse
pathogens into the air.
(10)
Cleansing with ultrasonic cleaners should 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.
(11)
Steam autoclave must 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. Autoclaves shall be spore tested by independent laboratories at lease
once every month to induce efficacy. Immersion in cold germicidal solutions
provides incomplete sterilization and is inappropriate.
(12)
Appropriate ear piercing guns should only be used for
piercing ear lobes and shall not be used for piercing any other body part.
(13)
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.
A.
Bar setups, piercing needles, razor blades or other sharp
instruments which are not to be sterilized shall be disposed of in medically
approved sharp containers that are puncture resistant and have tight-fitting
lids.
B.
Containers of sharp wastes shall be sent to a 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.
The Walpole Board of Health's "Medical/Waste Generator
Form" must be completed and returned to the Health Office prior to issuance
of a certificate of registration.
Mobile piercing studios shall not be allowed to operate in Walpole.
A.
The piercer's registration shall be suspended immediately
upon notice to the holder (without a hearing) when the Walpole Board of Health
has reason to believe that an imminent health hazard exists.
B.
In all other instances of violation of the provisions
of this administrative regulation the Town of Walpole shall serve the registrant
a written notice specifying the violations and afford the registrant or certificate
holder a reasonable opportunity to correct the same.
(1)
Whenever a registrant has failed to comply with any written
notice issued under the provisions of this administrative regulation the Walpole
Board of Health may suspend the registration.
(2)
The holder of the body piercer's registration 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 to Walpole Board of Health within the ten-day period.
(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 this administrative regulation or for interference with the Walpole Board
of Health in the performance of its duties, or for persons found guilty of
any crime related to body piercing, the body piercer's registration may be
permanently revoked after an opportunity for a hearing has been provided.
(5)
Every person who shall perform body piercing without
a certificate of registration may be penalized by indictment or on complaint
brought in the District Court. Except as may be otherwise provided by law
and as the District Court may see fit to impose, the maximum penalty for each
violation, or offense brought in such a manner, shall be $300.
(6)
Body piercing of minors. Every person who shall perform
body piercing 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, may be penalized by indictment
or on complaint brought in the district court. Except as may be otherwise
provided by law and as the District Court may see fit to impose, the maximum
penalty for each violation, or offense brought in such a manner, shall be
$300.
If any section, paragraph, sentences, clause, phrase or word of this
chapter shall be declared invalid for any reason whatsoever, that decision
shall not affect any other portion of these regulations.
