[Adopted 1-23-2001]
105 CMR 124.000 is adopted under the authority of M.G.L. c.111
§ 6.
The purpose of these regulations is to define and regulate the
practice of body art in the Town of Orleans, acting under the authority
conferred by G.L. c.111, § 31, seek to enact regulations
governing the practice of body art.
As used in this article, the following terms shall have the
meanings indicated:
|
Aftercare means written instructions
given to the client, specific to the body art procedure rendered,
about caring for the body art and surrounding area. These instructions
will include information about when to seek medical treatment, if
necessary.
| |
|
Anesthetics means topical or injectable
medicines such as but not limited to Novacaine, Lidocaine, Xylocaine
or Carbocaine.
| |
|
Bloodborne Pathogens Standard means OSHA
Regulations 29 CFR 1910.1030.
| |
|
Board of Health or Board means the Orleans
Board of Health
| |
|
Body Art means 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. This definition does
not include practices which are considered medical procedures by the
Board of Registration in Medicine in the Commonwealth, such as implants
under the skin, which shall not be performed in a body art establishment.
| |
|
Body Art Establishment or Establishment means a specified place or premise that has been granted a permit
by the Board, whether public or private, where the practices of body
art are performed, whether or not for profit.
| |
|
Body Art Practitioner or Practitioner means a specified person who has been granted a permit by the Board
to perform body art in a body art establishment which has been granted
a valid permit by the Board.
| |
|
Body Piercing means puncturing or penetration
of the skin of a person with presterilized single-use needles and
the insertion of presterilized jewelry or other adornment thereto
in the opening. This definition includes piercing of the outer perimeter
of the ear, but does not include piercing of the earlobe with presterilized
single-use stud-and-clasp ear-piercing systems.
| |
|
Branding means inducing a pattern of
scar tissue by use of a heated material (usually metal) to the skin,
making a serious burn, which eventually becomes a scar.
| |
|
Client means any person who has requested
a body art procedure at a body art establishment.
| |
|
Contaminated Waste means any liquid or
semi-liquid blood or other potentially infectious materials; contaminated
items that would release blood or other potentially infectious materials
in a liquid or semi-liquid state if compressed; items that are caked
with dried blood or other potentially infectious materials and are
capable of releasing these materials during handling; sharps and any
wastes containing blood and other potentially infectious materials,
as defined in 29 Code of Federal Regulations Part 1910.1030 (latest
edition), known as "Occupational Exposure to Bloodborne Pathogens",
or as defined as "infectious or physically dangerous medical or biological
waste" in accordance with in 105 CMR 480.000: Storage and Disposal
of Infectious or Physically dangerous Medical or Biological Waste,
State Sanitary Code, Chapter VIII.
| |
|
Cosmetic Tattooing see "tattooing."
| |
|
Critical Instruments means implements
used during body art procedures and may come into contact with blood,
bodily fluids, or skin that is not intact. They should be sterilized
after each use or disposed of. Critical devices include but are not
limited to needles, tapers, forceps, and receiving tubes.
| |
|
Department means the Department of Public
Health or its authorized representatives.
| |
|
Disinfectant means a product registered
as a disinfectant by the U.S. Environmental Protection Agency.
| |
|
Disinfection means the destruction of
disease-causing microorganisms on inanimate objects or surfaces, thereby
rendering these objects safe for use or handling.
| |
|
Ear Piercing means the puncturing of
the lobe of the ear with a presterilized single-use stud-and-clasp
ear-piercing system following manufacturer's instructions.
| |
|
Equipment means all machinery, including
fixtures, containers, vessels, tools, devices, implements, furniture,
display and storage areas, sinks, and all other apparatus and appurtenances
used in connection with the operation of a body art establishment.
| |
|
Hand Sink means a lavatory equipped with
hot and cold running water under pressure, used solely for washing
hands, arms, or other portions of the body.
| |
|
Hearing Officer means, Chairman of the
Orleans Board of Health, Town Counsel or other counsel appointed by
the Board of Health.
| |
|
Hot Water means water that attains and
maintains a temperature 110° - 130° F.
| |
|
Instruments Used For Body Art mean hand
pieces, needles, needle bars, and other instruments that may come
in contact with a client's body or may be exposed to bodily fluids
during body art procedures.
| |
|
Invasive means entry into the client's
body either by incision or insertion of any instruments into or through
the skin or mucosa, or by any other means intended to puncture, break,
or otherwise compromise the skin or mucosa.
| |
|
Jewelry means any personal ornament inserted
into a newly pierced area, which 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.
| |
|
Minor means any person under the age
of eighteen (18) years.
| |
|
Noncritical Instruments means equipment
such as a client hand held mirror that comes into contact only with
intact skin is classified as noncritical. Because noncritical surfaces
pose a relatively low risk of transmitting infection, they may be
reprocessed between clients with intermediate level or low level disinfection,
or, with detergent and hot water washing, depending on the nature
of the surface and the degree and nature of the contamination.
| |
|
Operator means any person who alone,
jointly or severally with others owns, has care, charge, or control
of any body art establishment as agent or lessee of the owner or as
an independent contractor, company, or corporation, but is not a body
art practitioner.
| |
|
Permit means approval in writing by the
Board either (1) to operate a body art establishment or (2) to operate
as a body art practitioner within a body art establishment. Approval
is granted in accordance with 105 CMR 124.000 and is separate from
any other licensing requirement that may exist within the Town of
Orleans.
| |
|
Person means an individual, any form
of business or social organization or any other non-governmental legal
entity, including but not limited to corporations, partnerships, limited-liability
companies, associations, trusts or unincorporated organizations.
| |
|
Physician Means an individual registered
by the Board of Registration in Medicine pursuant to M.G.L. c. 112
§ 2 as a qualified physician.
| |
|
Procedure Surface means any surface of
an inanimate object that contacts the client's unclothed body during
a body art procedure, skin preparation of the area adjacent to and
including the body art procedure, or any associated work area which
may require sanitizing.
| |
|
Sanitization Procedure means a process
of reducing the numbers of micro-organisms on cleaned surfaces and
equipment to a safe level as judged by public health standards and
which has been approved by the Department.
| |
|
Sanitary means clean and free of agents
of infection or disease.
| |
|
Sanitized means effective disinfectant
treatment by a process using intermediate disinfectants for enough
time to reduce the bacteria count including pathogens to a safe level
on semi-critical or non-critical equipment.
| |
|
Scarification means altering skin texture
by cutting the skin and controlling the body's healing process in
order to produce wounds, which result in permanently raised wheals
or bumps known as keloids.
| |
|
Semicritical Instruments means items
such as calipers, gauge wheels, and marking pens that do not come
into contact with broken skin, but they may cover mucous membranes
and oral tissues. These devices should be sterilized after each use.
If, however sterilization is not feasible because heat would damage
the instrument, a semicritical instrument should receive, at a minimum,
high level disinfection.
| |
|
Sharps means any objects (sterile or
contaminated) that may purposefully or accidentally cut or penetrate
the skin or mucosa, including, but not limited to, needle devices,
lancets, scalpel blades, razor blades, and broken glass
| |
|
Sharps Container means a puncture-resistant,
leak-proof container that can be closed for handling, storage, transportation,
and disposal and that is labeled with the International Biohazard
Symbol.
| |
|
Single Use means products or items that
are intended for one-time, one-person use and 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, and protective gloves.
| |
|
Sterilize means the use of a physical
or chemical procedure to destroy all microbial life including highly
resistant bacterial endospores.
| |
|
Tattoo means the indelible mark, figure
or decorative design introduced by insertion of dyes or pigments into
or under the subcutaneous portion of the skin.
| |
|
Tattooing means any method of placing
ink or other pigment into or under the skin or mucosa by the aid of
needles or any other instrument used to puncture the skin, resulting
in permanent coloration of the skin or mucosa. This term includes
all forms of cosmetic tattooing.
| |
|
Universal Precautions means a set of
guidelines and controls, published by the Centers for Disease Control
and Prevention (CDC), as "Guidelines for Prevention of Transmission
of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care
and Public-Safety Workers" in Morbidity and Mortality Weekly Report)
(MMWR), June 23, 1989, Vo1.38 No.8-6, 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, Vo1.40, No. RR-8. This method of infection control
requires the employer and the employee to assume that all human blood
and specified human body fluids are infectious for HIV, HBV, and other
blood pathogens. Precautions include handwashing; gloving; personal
protective equipment; injury prevention; and proper handling and disposal
of needles, other sharp instruments, and blood and body fluid-contaminated
products.
|
Unless otherwise ordered or approved by the Board, each body
art establishment shall be constructed, operated and maintained to
meet the following minimum requirements:
(A)
Physical Plant
(1)
All walls, floors, ceilings, and procedure surfaces within the
body art establishment shall be smooth, 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 cleaned and sanitized after each client.
(2)
All body art establishments shall be completely separated by
solid partitions or by walls extending from floor to ceiling, from
any room used for human habitation, any food establishment or room
where food is prepared, any hair salon, any retail sales, or any other
such activity that may cause potential contamination of work surfaces.
(3)
Effective measures shall be taken by the body art operator to
protect against entrance into the establishment and against the breeding
or presence on the premises of insects, vermin, and rodents. Insects,
vermin, and rodents shall not be present in any part of the establishment,
its appurtenances, or appertaining premises.
(4)
There shall be a minimum of 45 square feet of floor space for
each practitioner in the establishment. Each 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,
curtains, or partitions, at a minimum.
(5)
The establishment shall be well-ventilated and provided with
an artificial light source equivalent to at least 20 foot candles
3 feet off the floor, except that at least 100 foot candles shall
be provided at the level where the body art procedure is being performed,
and where instruments and sharps are assembled.
(6)
A separate, readily accessible hand-sink with hot and cold running
water, under pressure, equipped with wrist or foot-operated controls
and supplied with liquid soap, and disposable paper towels shall be
readily accessible within the body art establishment. One hand-sink
shall serve no more than three practitioners.
(7)
There shall be a minimum of one lavatory, excluding any service
sinks, and one working toilet in a body art establishment.
(8)
At least one covered waste receptacle shall be provided in each
operator area and each toilet room. Receptacles in the operator area
shall be emptied daily, and solid waste shall be removed from the
premises at least weekly. All refuse containers shall be lidded, cleanable,
and kept clean.
(9)
All instruments and supplies shall be stored in clean, dry,
and covered containers.
(10)
Practitioners who use ear-piercing systems must conform to the
manufacturers directions for use and applicable U .S. Food and Drug
Administration requirements. A copy of these directions for each piece
of a piercing system must be submitted to the Board of Health with
the practitioner's application prior to permitting.
(11)
Reusable cloth items shall be mechanically washed with detergent
and dried after each use. The cloth items shall be stored in a dry,
clean environment until used.
(12)
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 shall be allowed in waiting rooms and nonprocedural
areas.
(B)
Information to be Kept on File
|
The following information shall be kept on file on the premises
of a body art establishment and available for inspection by the Board:
|
(1)
Employee Information
(a)
full names and exact duties;
(b)
date of birth;
(c)
gender;
(d)
home address;
(e)
home/work phone numbers;
(f)
identification photos of all body art practitioners.
(g)
establishment information
(h)
establishment name;
(i)
hours of operation;
(j)
owner's name, address and phone number;
(k)
copy of Orleans Body Art Therapist Permit;
(l)
a current and complete set of client aftercare instructions.
(2)
A complete description of all body art procedures performed.
(3)
An inventory of all instruments and body jewelry, all sharps,
and all inks used for any and all body art procedures, including names
of manufacturers and serial or lot numbers, if applicable. Invoices
or orders shall satisfy this requirement.
(4)
A copy of these regulations.
(C)
Prohibitions
(1)
It shall be unlawful for any person to perform body art procedures
unless such procedures are performed in an Orleans Permitted Body
Art Establishment and the individual holds a current Orleans Body
Art Practitioners Permit.
(2)
No practitioner shall perform any body art procedure upon a
client under the age of 18 years.
(3)
The use of injectionable anesthetics is prohibited.
(4)
No person or operator 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
body art equipment, supplies, or working surfaces with body substances
or pathogenic organisms.
(5)
The practice of scarification and branding is prohibited.
(6)
The practice of body art in the genital area is prohibited.
(7)
Mobile body art establishments are prohibited.
(8)
Smoking, eating, or drinking is prohibited in the area where
body art is performed.
(D)
Each body art practitioner must be a minimum of 18 years of age.
(E)
Each practitioner shall perform all body art procedures in accordance
with Universal Precautions set forth by the U .S Centers for Disease
Control and Prevention.
(F)
Operators/practitioners shall refuse service to any person who, in
the opinion of the operator/practitioner, is under the influence of
alcohol or drugs.
(G)
The practitioner shall maintain a high degree of personal cleanliness,
conform to hygienic practices, and wear clean clothes when performing
body art procedures. Before performing body art procedures, the practitioner
must thoroughly wash his/her hands in hot running water with liquid
soap, then rinse hands and dry with disposable paper towel. This shall
be done as often as necessary to remove contaminants.
(H)
In performing body art procedures, the practitioner shall wear disposable
single-use gloves. Gloves must be changed if they become contaminated
by contact with any unclean surfaces or objects 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 hands
shall be washed before the next set of gloves is donned. Under no
circumstances shall a single pair of gloves be used on more than one
person. The use of disposable single-use gloves does not preclude
or substitute for handwashing procedures as part of a good personnel
hygiene program.
(I)
If, while performing a body art procedure, the practitioner's glove
is pierced, torn, or otherwise contaminated, the procedure delineated
in section (I) shall be repeated immediately. The contaminated gloves
shall be immediately discarded, and the hands washed thoroughly (see
I above) before a fresh pair of gloves is applied. Any item or instrument
used for body art that is contaminated during the procedure shall
be discarded and replaced immediately with a new disposable item or
a new sterilized instrument or item before the procedure resumes.
(J)
Contaminated waste as defined in this code, which may release liquid
blood or body fluids when compressed or may release dried blood or
body fluids when handled, must be placed in an approved "red" bag
marked with the International Biohazard Symbol. It must then be disposed
of in accordance with 105 CMR 480.00: Storage and Disposal of Infectious
or Physically Dangerous Medical or Biological Waste, State Sanitary
Code, Chapter VIII, or, at a minimum, in compliance with 29 CFR Part
1910.1030, "Occupational Exposure to Bloodborne Pathogens." Used sharps
ready for disposal shall be disposed of in approved sharps containers.
Contaminated waste that does not release liquid blood or body fluids
when compressed or does not release dried blood or body fluids when
handled, may be placed in a covered receptacle and disposed of through
normal, approved disposal methods. Storage of contaminated waste on
site shall not exceed 30 days, as specified in 29 CFR Part 1910.1030.
(K)
Any skin or mucosa surface to receive a body art procedure shall
be free of rash or any visible infection.
(A)
Physicians licensed in accordance with M.G.L. c. 112 § 2
who perform body art procedures as part of patient treatment are exempt
from these regulations.
(B)
Individuals who pierce only the lobe of the ear with a presterilized
single-use stud-and-clasp ear-piercing system are exempt from these
regulations.
(A)
All establishments shall prominently display, and give to each client,
a Disclosure Statement, provided by the Department and approved by
the Board, which advises the public of the risks and possible consequences
of body art procedures. A copy of this shall be on file in the Health
Department.
(B)
Verbal and written instructions, provided by the Department and approved
by the Board, for the aftercare of the body art procedure site shall
be provided to each client by the operator/practitioner upon completion
of the procedure. A copy of the written instructions shall be on file
in the Health Department.
(1)
The written instructions shall advise the client
(a)
on the proper cleansing of the area which received the body
art
(2)
address, and phone number of the establishment.
(3)
These documents shall be signed and dated by both parties, with
a copy given to the client and the operator retaining the original
with all other required records.
(C)
Each Body Art Establishment and Body Art Practitioner shall keep
a Manual of Procedures and Notifications. At a minimum the following
must be kept in this manual and be available to the public and the
Board of Health for review.
(1)
Disclosure statement provided by the Department and approved
by the Board, advising the public of the risks and possible consequences
of each body art procedure offered.
(2)
Written instructions, provided by the Department and approved
by the Board, for the aftercare of each body art procedure offered.
(3)
A copy of the client release form, required by section 124.007(B)
(4)
A copy of the manufacturers operation and maintenance schedule
and cleaning procedures for each critical and semi critical instrument
used for body art.
(D)
The facility permit holder shall also post in public view the name,
address and phone number of the local Board of Health that has jurisdiction
over this program and the procedure for filing a complaint.
(A)
Prior to performing any body art procedure, the body art practitioner
shall request from the client, verbally and in writing, the following
health history information:
(1)
history of diabetes;
(2)
history of hemophilia (bleeding);
(3)
history of skin diseases, skin lesions, or skin sensitivities
to soaps, disinfectants etc.;
(4)
history of allergies or adverse reactions to pigments, dyes,
or other sensitivities;
(5)
history of epilepsy, seizures, fainting, or narcolepsy;
(6)
use of medications such as anticoagulants, which thin the blood
and/or interfere with blood clotting.
(7)
proof of age.
(B)
The practitioner shall have the client sign a Release Form confirming
that the above information was obtained. The client should be asked
to disclose any other information that would aid the practitioner
in evaluating the client's suitability for body art procedures.
(C)
Each practitioner shall keep records of all body art procedures administered,
including client's name, date, time, identification and anatomical
location of the body art procedure(s) performed, and practitioner's
name. All client records shall be confidential and be retained for
a minimum of three (3) years and made available to the Board upon
request.
(D)
Nothing in this section shall be construed to require the practitioner
to perform a body art procedure upon a client.
A written report of any injury, infection complication or disease
to a client as a result of a body art procedure, or complaint of injury,
infection complication or disease, shall be forwarded by the operator
or practitioner to the Board which issued the permit and to the Department
with a copy to the complainant or injured client within five working
days of its occurrence or knowledge thereof. The report shall include:
(A)
the name of the affected client;
(B)
the name and location of the body art establishment involved;
(C)
the nature of the injury, infection complication or disease;
(D)
the name and address of the affected client's health care provider,
if any;
(E)
any other information considered relevant to the situation.
The body art establishment shall keep a record of all persons
who have had body art procedures performed. The record shall include
the name, date of birth, and address of the client, the date of the
procedure, the name of the practitioner who performed the procedure(s),
type and location of procedure performed, and signature of client,
and if the client is a minor, proof of parental or guardian presence
and consent. Such records shall be retained for a minimum of three
(3) years and shall be available to the Board upon request. The Board
and the body art establishment shall keep such records confidential.
(A)
Before a body art procedure is performed, the immediate skin area
and the areas of skin surrounding where the body art procedure is
to be placed shall be washed with soap and water or an approved surgical
skin preparation. If shaving is necessary, single-use disposable razors
shall be used. Razors shall be discarded after each use. Following
shaving, the skin and surrounding area shall be washed with soap and
water. The washing pad shall be discarded after a single use.
(B)
In the event of bleeding, all products used to stop the bleeding
or to absorb blood shall be single use, discarded immediately after
use in appropriate covered containers, and disposed of in accordance
with 105 CMR 480.000.
(A)
All non-single-use, non-disposable instruments used for body art
shall be cleaned thoroughly after each use by scrubbing with an appropriate
soap or disinfectant solution and hot water, a solution of household
chlorine bleach as recommended by the CDC or by following the manufacturer's
instructions to remove blood and tissue residue, and shall be placed
in an ultrasonic unit operated in accordance with manufacturer's instructions.
Such procedures must be approved by the Board of Health.
(B)
After being cleaned, all non-disposable instruments used for body
art shall be packed individually in peel-packs and subsequently sterilized.
All peel-packs shall contain either a sterilizer indicator or internal
temperature indicator. Peel-packs must be dated with an expiration
date not to exceed six (6) months.
(C)
All cleaned, non-disposable instruments used for body art shall be
sterilized in a steam autoclave equipped with instrumentation to measure
temperature, pressure, and a timing device, or dry heat sterilizer
equipped with instrumentation to measure temperature and time. All
sterilized products must be affixed with an indicator tape or marker
to insure proper sterilization. This indicator shall also reflect
the date the item was sterilized and it shall be used within 30 days
of that date or resterilized. An autoclave log must be kept listing
the date, temperature, pressure and length of time of each autoclave
cycle. A copy of these records shall be kept in the Manual of Operation
for a minimum of three years. The sterilizer shall be used, cleaned,
and maintained according to manufacturer's instruction. A copy of
the manufacturer's recommended procedures for the operation of the
sterilization unit must be kept in the Manual of Operation and available
for inspection by the Board.
(D)
Sterile equipment may not be used if the package has been breached
or after the expiration date without first repackaging and re-sterilizing.
Sterilizers shall be located away from workstations or areas frequented
by the public. If the body art establishment uses only single-use,
disposable instruments and products, and uses sterile supplies, an
autoclave shall not be required.
(E)
Each holder of a permit to operate a body art establishment shall
demonstrate that the sterilizer used is capable of attaining sterilization
by monthly spore destruction tests. These tests shall be verified
through an independent laboratory and all expenses associated will
be borne by the permittee. The permit shall not be issued or renewed
until documentation of the sterilizer's ability to destroy spores
is received by the Board at the time of application for permit. These
test records shall be retained by the operator for a period of three
(3) years and made available to the Board and Department upon request.
(F)
Reusable needles used in body art procedures are prohibited
(G)
All instruments used for body art procedures shall remain stored
in sterile packages until just prior to the performance of a body
art procedure. When assembling instruments used for body art procedures,
the operator shall wear disposable medical gloves and use medically
recognized techniques to ensure that the instruments and gloves are
not contaminated.
(H)
All inks, dyes, pigments, needles, and equipment shall be specifically
manufactured for performing body art procedures and shall be used
according to manufacturer's instructions.
(I)
All inks, dyes, pigments, mixing water and containers for mixing
of these media shall be sterile and all mixing shall be done using
sterile technique procedures as approved by the Board of Health. A
copy of these sterile techniques shall be maintained in the practitioner's
Manual of Operation.
(A)
Single-use items shall not be used on more than one client for any
reason. After use, all single-use sharps shall be immediately disposed
of in approved sharps containers and in accordance with 105 CMR 480.000.
(B)
All products applied to the skin, including body art stencils, shall
be single use and disposable. Acetate stencils may be re-used if approved
by the Board. Sanitization procedures in accordance with 105 CMR 124.011
shall be performed between uses.
(C)
Petroleum jellies, soaps, and other products used in the application
of stencils shall be dispensed and applied on the area to be tattooed
with sterile gauze or other sterile applicator to prevent contamination
of the original container and its contents. The applicator or gauze
shall be used only once and then discarded.
Body art establishments shall submit a scale drawing and floor
plan of the proposed establishment for a plan review by the Board,
as part of the permit application process.
(A)
Establishment Permit
(1)
No person, firm, partnership, joint venture, association, business
trust, corporation or organized group of persons may operate a body
art establishment except with a body art establishment permit from
the Board.
(2)
Any person operating a body art establishment shall obtain an
annual permit from the Board. The Board shall set a reasonable fee
for such permit. (See Section 124.022)
(3)
A permit for a body art establishment shall not be transferable
from one place or person to another.
(4)
A current body art establishment permit shall be posted in a
prominent and conspicuous area where clients may readily observe it.
(5)
The holder of a body art establishment permit must only hire
practitioners who have complied with the practitioner permit requirements
of this code.
(6)
All body art establishments must be located in an area consistent
with the zoning requirements of the town and cannot be part of a residence.
(B)
Body Art Practitioner Permit
(1)
No person shall practice body art procedures without first obtaining
an operator permit from the Board. The Board shall set a reasonable
fee for such permits.
(2)
The practitioner permit shall be valid from the date of issuance
and shall expire on December 31 of each calendar year unless revoked
sooner by the Board.
(C)
Application for or renewal of a practitioner permit shall include:
(1)
name;
(2)
date of birth;
(3)
gender;
(4)
residence address;
(5)
mailing address;
(6)
phone number;
(7)
place(s) of employment as a practitioner;
(8)
training and/or experience;
(9)
proof of attendance at a bloodborne pathogen training program
(or equivalent), given or approved by the Board.
(a)
The applicant shall provide documentation of attendance and
completion of courses approved by the Board, or completion of an examination,
on the following subjects:
(b)
Examples of courses approved by the Board include courses such
as "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.
(10)
Proof of completion of the Hepatitis B vaccine series.
(11)
A physician's report proving no evidence of infection with Hepatitis
B, Hepatitis C or HIV.
(D)
No permit shall be issued unless, following reasonable investigation
by the Board, the body art establishment or practitioner has demonstrated
compliance with the provisions of this section and all other provisions
of these regulations.
(E)
All permits shall be conditioned upon continued compliance with the
provisions of this section as well as all applicable provisions of
these regulations.
(F)
All permits shall be posted in a prominent and conspicuous area where
clients may readily observe them.
(A)
The Board shall investigate complaints received about an establishment
or practitioner's practices or acts, which may violate any provision
of the Board's regulations.
(B)
If the Board finds that an investigation is not required because
the alleged act or practice is not in violation of the Board's regulations,
then the Board shall notify the complainant of this finding and the
reasons on which it is based.
(C)
If the Board finds that an investigation is required, because the
alleged act or practice may be in violation of the Board's regulations,
the Board shall investigate and if a finding is made that the act
or practice is in violation of the Board's regulations, then the Board
shall apply whatever enforcement action is appropriate to remedy the
situation and shall notify the complainant of its action in this manner.
(D)
Investigation of complaints may lead to enforcement actions including
revocation, suspension, or refusal to renew a permit of the facility
and/or the operator.
(A)
The Board may deny a permit on any of the following grounds:
(1)
Failure to conform to the requirements of the Board's regulations;
(2)
Any actions or omissions which would indicate that the health
or safety of the public would be at risk should a permit be approved;
(3)
Any previous violation of the Board's regulations;
(4)
Any attempt to practice or obtain a permit through fraud, deceit,
or misrepresentation;
(5)
Criminal conduct which the Board determines to be of such a
nature as to render the establishment or practitioner unfit to practice
body art as evidenced by criminal proceedings resulting in a conviction,
guilty plea, or plea of nolo contendere or an admission of sufficient
facts;
(6)
Other just and sufficient cause which the Board may determine
would render the establishment or practitioner unfit to practice body
art;
(7)
practicing body art while the ability to practice is impaired
by alcohol, drugs, physical disability or mental instability;
(8)
being drunk or being dependent on, or a user of narcotics, barbiturates,
amphetamines, hallucinogens, or other drugs having similar effects;
(9)
knowingly permitting, aiding or abetting an unauthorized person
to perform activities requiring a permit; and,
(10)
having been disciplined in another jurisdiction in any way by
the proper permitting authority for reasons substantially the same
as those set forth in the Board's regulations.
(B)
Applicants denied a permit may reapply after satisfactorily correcting
the reason(s) given for denial.
The Board may summarily suspend a permit pending a final hearing
and based on the merits of the evidence before it on the question
of suspension, if the Board determines that an establishment and/or
a practitioner is an immediate and serious threat to the public health,
safety or welfare. The suspension of a permit shall take effect immediately
upon written notice of such suspension by the Board.
(A)
The Board may 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 revocation or refusal to renew:
(1)
fraud or misrepresentation in obtaining a permit, or its renewal;
(2)
criminal conduct which the Board determines to be of such a
nature as to render the establishment or practitioner unfit to practice
body art as evidenced by criminal proceedings resulting in a conviction,
guilty plea, or plea of nolo contendere or an admission of sufficient
facts;
(3)
violation of any rule or regulation of the Board governing the
practice of body art;
(4)
other just and sufficient cause which the Board may determine
would render the establishment or practitioner unfit to practice body
art;
(5)
practicing body art while the ability to practice is impaired
by alcohol, drugs, physical disability or mental instability;
(6)
being drunk or being dependent on, or a user of narcotics, barbiturates,
amphetamines, hallucinogens, or other drugs having similar effects;
(7)
knowingly permitting, aiding or abetting an unauthorized person
to perform activities requiring a permit;
(8)
continuing to practice while his/her permit is lapsed, suspended,
or revoked;
(9)
having been disciplined in another jurisdiction in any way by
the proper permitting authority for reasons substantially the same
as those set forth in the Board's regulations, and,
(10)
refusing to practice body art on a person because of such person's
race, creed, color, gender, disability, national origin, or sexual
orientation.
(B)
The Board shall notify an applicant, establishment or practitioner
in writing of any violation of the Board's regulations, for which
the Board intends to deny, revoke, or refuse to renew a permit. The
applicant, establishment or practitioner shall have seven (7) days
after receipt of such written notice in which to comply with the Board's
regulations. The Board may deny, revoke or refuse to renew a permit,
if the applicant, establishment or practitioner fails to comply after
said seven (7) days.
(A)
Suspension of a Permit.
(1)
Upon written request to the Board of Health, the establishment
permit holder or practitioner shall be afforded an opportunity to
be heard concerning the suspension of the permit by the Board.
(2)
Such a hearing shall be initiated pursuant to 801 CMR 1.00 et
seq. (Standard Adjudicatory Rules of Practice and Procedure), no later
than twenty-one (21) calendar days after the effective date of the
suspension.
(3)
In cases of suspension of a permit, the hearing officer shall
determine whether the Board has proved by a preponderance of the evidence
that there existed immediately prior to or at the time of the suspension
an immediate and serious threat to the public health, safety or welfare.
The hearing officer shall issue a written decision, which contains
a summary of the testimony and evidence considered and the reasons
for the decision.
(4)
All costs for the hearing shall be borne by the establishment
permit holder or practitioner requesting the hearing.
(B)
Denial. Revocation, or Refusal to Renew a Permit
(1)
A permit may be denied, revoked or refused renewal only after
a hearing conducted by the Board.
(2)
If the Board determines that a permit shall be denied, revoked,
or not renewed pursuant to The Board's regulations, the Board shall
initiate a hearing in accordance with 801 CMR 1.00 et seq.
(3)
Following the hearing, the hearing officer shall issue a written
decision that contains a summary of the testimony and evidence considered
and the reasons for the decision.
(4)
All costs for the hearing shall be borne by the establishment
permit holder or practitioner requesting the hearing.
The Board shall refer to the appropriate law enforcement agency
and/or Town Counsel any incidents of unauthorized practice of body
art that come to its attention.
If any rule or provision contained herein is found to be unconstitutional
or invalid by a Court of competent jurisdiction, the validity of the
remaining rules and provisions will not be so affected.
(A)
Any request for a variance shall be in writing. The Board of Health
may vary the application of any provision of these regulations with
respect to any particular case when, in its opinion, the enforcement
thereof would constitute manifest injustice, provided that the decision
of the Board of Health shall not be in conflict with the spirit of
these regulations.
(B)
Any variance granted or denied by the Board of Health shall be in
writing.
(A)
The permit fee for a new body art business shall be five hundred
dollars ($500.00) (no proration).
(B)
The permit fee for a renewal of a body art business shall be three
hundred dollars ($300.00) per year, due and payable on the first day
of January of each calendar year.
(C)
The permit fee for a body art practitioner shall be two hundred and
fifty dollars ($250.00) per year, payable upon application. There
shall be no proration of a body art practitioner's Permit fee, regardless
of when issued.
The Board of Health, Health Agent, or Department shall have
access at all reasonable times to any Body Art establishment for the
purpose of inspecting such facility.
It shall be unlawful for a Body Art Establishment to be open
between the hours of 9:00 PM to 7:00 AM.
Effective date shall be February 1, 2001.
