Borough of Trainer, PA Article III Regulation of Skin Puncturing and Cutting Devices

[Adopted 6-10-1993 by Ord. No. 591 (Ch. 10, Part 9, of the 1985 Code of Ordinances)]

§ 140-17 Purpose.

Diseases which are transmitted through the exchange of blood and body fluids, including, but not limited to, diseases such as AIDS and the HIV virus, have become serious threats to the public health. In an effort to protect the health and welfare of all residents of the Borough and of all persons who are physically present within the Borough of Trainer, it is deemed necessary to regulate certain activities in which the potential for the transmission of such diseases exists.

§ 140-18 Applicability.

This article is applicable to all persons, partnerships, nonprofit corporations, corporations and other entities which, upon persons other than themselves, and for a fee or charge whether or not paid by the person who is the subject of the procedure, use needles, scalpels, blades, knives or other skin puncturing or cutting devices for any purpose, including, but not limited to, the drawing of blood, the injecting of medicine or nutrients, the piercing of body parts for cosmetic or medical purposes, or the tattooing of body parts in any manner.

§ 140-19 Regulations.

It shall be unlawful for any person, partnership, nonprofit corporation, corporation or other entity to engage in any activity encompassed by § 140-18 of this article unless the following regulations are complied with:

A. The person or individual using or administering the needle, scalpel, blade, knife or other skin puncturing or cutting devices or performing the activity or supervising the activity in which the needle, scalpel, blade, knife or other skin puncturing or cutting device is used shall be a physician licensed to practice dentistry within the Commonwealth of Pennsylvania, a chiropractor licensed to practice chiropractic medicine within the Commonwealth of Pennsylvania, a nurse licensed to practice nursing within the Commonwealth of Pennsylvania, or other person who is certified and/or licensed by the Commonwealth of Pennsylvania or by a universally recognized licensing or certification agency in a health-related field in which the use of needles, scalpels, blades, knives or other skin puncturing or cutting devices is part of the formal training for the certification or license. Persons so certified and licensed may include, but shall not be limited to, emergency medical technicians, paramedics, home nurse practitioners and midwives.

B. All persons and individuals using or administering the needle, scalpel, blade, knife or other skin puncturing or cutting devices or performing the activity or supervising the activity in which the needle, scalpel, blade, knife or other skin puncturing or cutting device is used shall prominently display their educational degree and license from the Commonwealth of Pennsylvania within their place of business or other location in which they perform the activities which are the subject of this article.

C. All persons and individuals using or administering the needle, scalpel, blade, knife or other skin puncturing or cutting devices or performing the activity or supervising the activity in which the needle, scalpel, blade, knife or other skin puncturing or cutting device is used shall have, within their place of business or other place in which they perform the activities which are the subject of this article, sterilization devices for any and all nondisposable needles, scalpels, blades, knives, or other skin puncturing or cutting devices.

D. All items to be discarded from the use of needles, scalpels, blades, knives or other skin puncturing or cutting devices, including, but not limited to, the needles, scalpels, blades, knives and skin puncturing and cutting devices themselves, as well as blood products, skin, body parts and items which have contact with blood products such as, but not limited to, gauze, bandages, gloves and sutures, shall be kept, stored and securely maintained in a sealed container clearly labeled as containing "medical waste," and which container shall be kept indoors, out of the reach of any and all persons other than the person performing the activities which are the subject of this article, until such time that the discarded items are picked up by a medical waste disposal company. Further, all such discarded items shall only be discarded by and through a medical waste disposal company licensed to do business within the Commonwealth of Pennsylvania. Further, all such discarded items shall be picked up by such a medical waste disposal company within 48 hours after the items have been discarded.

E. All activities which are the subject of this article shall be performed in a room which contains only the individual on whom the services are being performed and persons who are permitted to perform such services by this article.

F. All persons performing activities and services which are the subject of this article shall use surgical gloves at all times when performing such services.

§ 140-20 Violations and penalties.

[Amended 8-11-2005 by Ord. No. 670]

All persons, partnerships, nonprofit corporations, corporations or entities who violate any provision of this article shall pay a fine of not more than $1,000 and, in default of payment thereof, shall be imprisoned for not more than 90 days.