A person seeking registration under this chapter so as to obtain
a body art practitioner license shall submit a completed application
provided by the Department and shall pay to the City of Quincy a fee
of $250. A body art practitioner license shall be valid for no more
than one year. The Department may renew a body art practitioner license
under this chapter, and each applicant for such renewal shall pay
to the City of Quincy a renewal fee of $250. All body art practitioner
licenses shall expire on December 31 of the year of issuance.
An applicant for a body art practitioner license shall demonstrate
to the Department his/her successful compliance with all training,
disclosure, consent and educational requirements of this chapter relative
to the form of body art activities for which such applicant seeks
a body art practitioner license prior to the issuance or renewal of
a body art practitioner license by the Department.
A.
A Hepatitis B vaccination is highly recommended.
B.
An applicant for a body art practitioner license shall provide to
the Department, and shall provide to the owner of any body art establishment
in which the applicant intends to perform or in which he does perform
body art activity, valid documentation of his Hepatitis B Virus (HBV)
vaccination status stating:
(1)
Certification of completed vaccination;
(2)
Laboratory evidence of immunity;
(3)
Documentation stating the vaccine is contraindicated for medical
reasons. Contraindication requires a dated and signed licensed health
care professional's statement specifying the name of the body art
practitioner license applicant employee and that the vaccine cannot
be given; or
(4)
Certificate of vaccination declination of HBV, i.e., for medical
or religious reasons as provided in MGL c. 76, § 15.
Every body art practitioner shall maintain a high degree of
personal cleanliness, conform to hygienic practices and wear clean
clothes when conducting body art activity. If the clothes of a body
art practitioner are or become contaminated, clean clothing shall
be donned prior to commencement of any further body art activity.
Every applicant for a body art practitioner license or a renewal
of a body art practitioner license, in order to be qualified for such
license, shall provide to the Department evidence of satisfaction
of the following minimal training requirements:
A.
For a body art practitioner license enabling one to perform body
piercing, the completion of a complete course in anatomy and physiology
(i.e., Anatomy and Physiology I and II) with a grade of C or better
at a college accredited by the New England Association of Schools
and Colleges or comparable accrediting entity. This course work must
include instruction on the systems of the integumentary system (skin).
B.
For a body art practitioner license that enables one to perform tattooing,
branding and scarification, but not body piercing, the successful
completion of a complete course in anatomy and physiology (i.e., Anatomy
and Physiology I and II) with a grade of C or better at a college
accredited by the New England Association of Schools and Colleges
or comparable accrediting entity. This course work must include instruction
on the systems of the integumentary system (skin). Such other course
or program as the Department shall deem appropriate and acceptable
may be substituted for the course in anatomy and physiology otherwise
required of an applicant for a body art practitioner license that
enables one to perform tattooing, branding and scarification, but
not body piercing.
C.
For all body art practitioners, the successful completion of a course
on prevention of disease transmission and blood-borne pathogens taught
by an instructor trained and sufficiently knowledgeable to teach this
Occupational Safety and Health Administration (OSHA) course. Such
knowledge shall include the requirements of 29 CFR 1910.1030.
D.
Current certification in American Red Cross basic first aid or its
equivalent and advanced cardiopulmonary resuscitation.
E.
Experience.
(1)
Evidence satisfactory to the Department of at least two years' actual
experience in the practice of performing body art activities of the
kind for which the applicant seeks a body art practitioner license
to perform, whether such experience was obtained within or outside
of the commonwealth; or
(2)
Evidence of a completed apprenticeship program as approved by the
Commonwealth of Massachusetts or the Department, with instruction
in the kind of body art for which the applicant seeks a body art practitioner
license to perform.
A.
Any course taken by an applicant to fulfill the requirements set
forth in this chapter concerning exposure control and blood-borne
pathogen training shall meet the requirements of 29 CFR 1910.1030
et seq., as amended from time to time, and, at a minimum, shall provide
instruction in the following subject matter:
(1)
A general explanation of the epidemiology and symptoms of blood-borne
diseases and all communicable diseases potentially transmitted through
body art activity;
(2)
An explanation of the modes of transmission of blood-borne pathogens
and other communicable diseases potentially transmitted through body
art activity;
(3)
An explanation of the appropriate methods for recognizing tasks and
other activities that may involve exposure to blood for the body art
practitioner and/or the client/recipient;
(4)
An explanation of the use and limitations of methods that will prevent
or reduce exposure to the body art practitioner and/or the client/recipient
of blood-borne pathogens and other communicable diseases;
(5)
Information on different types, proper use, and removal of gloves
and proper hand washing techniques;
(6)
Information on the proper selection and use of autoclaveants and
antiseptics;
(7)
Information on the HBV vaccine, including information on its efficacy,
safety, and method of administration, and the benefits of vaccination
against HBV;
(8)
An explanation of what constitutes an exposure incident, the risk
of disease transmission following an exposure incident, and the options
for post-exposure evaluation and follow-up if an exposure incident
occurs involving blood-borne pathogens; and
(9)
An opportunity for interactive questions and answers with the instructor
of the training session.
B.
Upon conclusion of a course as describe above, an examination based
on the information covered in the course shall be administered to
each attendee of the course by the entity administering the course,
with documentation of the results for each attendee provided to him
or her. The body art practitioner license applicant shall provide
the results of such examination to the Department.
An applicant for a body art practitioner license shall sign
a statement provided by the Department consenting to and agreeing
to abide by all of the provisions of this chapter.
A.
If an applicant for a body art practitioner license demonstrates compliance with § 124-13A and all other provisions of § 124-9 et seq. of this chapter, excepting only § 124-13B, then the Department is hereby authorized to issue a body art practitioner license pursuant to the provisions of this chapter which authorizes the applicant to conduct body art activities consisting only of body piercing, tattooing, branding and scarification.
B.
If an applicant for a body art practitioner license does not demonstrate compliance with § 124-13A of this chapter but does demonstrate compliance with § 124-13B and with all other provisions of § 124-9 et seq. of this chapter, then the Department is hereby authorized to issue a body art practitioner license pursuant to the provisions of this chapter that authorizes the applicant to conduct body art activities consisting only of tattooing, branding and scarification.
A body art practitioner shall only perform those forms of body
art for which he/she holds a body art practitioner license issued
by the Department.
A body art practitioner and/or operator shall post in an area
of the body art establishment accessible to the Department and to
clients the original of the current body art practitioner license
of the body art practitioner.
No body art practitioner shall conduct any form of body art
activity while under the influence of alcohol or drugs.
No body art practitioner shall:
A body art practitioner shall only conduct body art activities
under sterile conditions.
The skin of a body art practitioner shall be free of rash, any
lesion or visible sign of infection. A body art practitioner shall
not conduct any form of body art activity upon any area of a client
that evidences the presence of any rash, lesion or visible sign of
infection.
A body art practitioner shall only conduct body art activities
within a facility with a current body art establishment permit, and
which establishment is in compliance with all provisions of this chapter.
No body art practitioner shall conduct any form of body art
activity in a mobile or temporary body art establishment.
