Town of Weymouth is promulgating rules and regulations in the
form of this Body Art Ordinance which provide minimum requirements
to be met by any person performing body art activities for hire upon
another individual and for any establishment wherein body art activities
are to be performed. These requirements include, but are not limited
to, requirements concerning the general sanitation of the establishment
wherein body art activities are to be performed and the sterilization
of instruments to be used in the conduct of body art. By enacting
this Body Art Ordinance, the Town of Weymouth has determined that
these rules and regulations are necessary to protect the public's
health by preventing disease, including, but not limited to, the transmission
of Hepatitis B and/or human immunodeficiency virus (HIV) or acquired
immune deficiency syndrome (AIDS).
In addition, this Body Art Ordinance establishes:
1.
A requirement for registration and a procedure for the registration
with the Health Department of the Town of Weymouth of all persons
performing such body art activities;
2.
A requirement for minimal training standards for such practitioners,
including requirements for the prevention of disease transmission
and for knowledge of anatomy and physiology;
3.
Provisions for the regular inspection of establishments wherein body
art activities are to be performed; and
4.
Provisions for revocation of the registration of any person or establishment
deemed in violation of the rules and regulations promulgated under
this Body Art Ordinance, or for other means of enforcement of the
provisions of this Body Art Ordinance.
|
This Body Art Ordinance provides for an annual fee to be paid
by a person and establishment registered under this Body Art Ordinance.
This fee is intended to help defray the cost to the Town of Weymouth
of the administration of the requirements of this Body Art Ordinance.
|
This Body Art Ordinance shall be administered and enforced by
the Health Department of the Town of Weymouth.
The following terms used in this Body Art Ordinance, unless
the context otherwise requires, shall have the following meanings:
Written instructions, approved by the Department, given to
a person upon whom one or more body art activities have been performed,
specific to the body art procedure(s) rendered or performed, concerning
the proper care to be given to the area of the body upon which the
body art has been performed and concerning the surrounding area of
the body.
An agent that destroys disease-causing microorganisms on
human skin or mucosa.
An apparatus for sterilization utilizing steam pressure at
a specific temperature over a designated period of time.
The process which results in the destruction of all forms
of microbial life, including highly resistant bacterial spores, by
the use of an autoclave for a minimum of 30 minutes at 17 pounds of
pressure (PSI) at a temperature of 250° F.
The practice of physical body adornment, alteration or modification
by means including, but not limited to, piercing, tattooing, branding,
braiding, beading/implantation or scarring.
Any facility that has been inspected and approved by the
Department for use in conducting body art activities and for which
a current permit is issued by the Department in accordance with this
Body Art Ordinance.
Section 6-1200 of the Weymouth Code of Ordinances, as amended
from time to time.
A person who has received a license to perform body art activities
by the Department pursuant to this Body Art Ordinance.
A permit issued by the Weymouth Department of Health to a
person qualified to engage in the practice of body art in accordance
with this Body Art Ordinance.
The form of body art requiring or consisting of the puncturing
or penetration of the skin or of a membrane of a person, other than
the lobe of the ear, for the purpose of the temporary or permanent
placement or insertion of jewelry or other adornment or device therein.
The form of body art requiring or consisting of the cutting
of strips of skin of a person, which strips are then to be intertwined
with one another and placed onto such person so as to cause or allow
the incised and interwoven strips of skin to heal in such intertwined
condition.
The form of body art consisting of or requiring the inducement
of a burn and/or the resulting scarring of the skin of a person by
means of the use of a heated instrument or object.
The area in a body art establishment used in the sterilization,
sanitation or other cleaning of instruments or other equipment used
for the practice of body art.
The presence of or a reasonable possibility of the presence
of blood, bodily fluids, infectious or potentially infectious matter
on an inanimate object.
Any liquid or semi-liquid blood or other potentially infectious
material; contaminated items that would release blood or other potentially
infectious material in a liquid or semi-liquid state if compressed;
items on which there is dried blood or other potentially infectious
material and which are capable of releasing these materials during
handling; sharps and any wastes containing blood or other potentially
infectious materials, as defined in Code of Federal Regulation, 29
CFR 1910.1030, as defined in Code of Massachusetts Regulations 105
CMR 480.00 et seq., or in this Body Art Ordinance.
Also known as permanent cosmetics, micropigment implantation
or dermal pigmentation; the form of body art requiring the implantation
of permanent pigment around the eyes, lips and cheeks of the face
and hair imitation.
A person upon whom one or more body art activities is/are
to be performed, and shall include a minor client.
The area in a body art establishment for use and occupation
by persons and clients prior to and after the conduct of body art.
The Weymouth Health Department, established in accordance
with MGL c. 111.
The deeper, thicker portion on the skin lying beneath the
epidermis, to include the subcutaneous layer.
The destruction of pathogenic microorganisms using a liquid
chemical germicide.
The same as "liquid chemical germicide."
The puncturing of the outer perimeter of the lobe of the
ear using a presterilized single-use stud-and-clasp ear piercing system
following manufacturer's instructions.
The outer layer of skin which is composed of four recognizable
layers of cells usually a total of about 0.1 mm thick.
All machinery, fixtures, containers, vessels, tools, devices,
implements, furniture, display cases, storage units, sinks, and all
other apparatus and appurtenances used in connection with the operation
of a body art establishment.
An event whereby there is an eye, mouth or other mucous membrane,
nonintact skin or parenteral contact with the blood or bodily fluids
of another person or contact of an eye, mouth or other mucous membrane,
nonintact skin or parenteral contact with other potentially infectious
matter.
A plan drafted by an operator pursuant to the requirements
of the U.S. Occupational Safety and Health Administration (OSHA) to
eliminate or minimize the potential for an exposure.
A written report detailing the circumstances of an exposure.
The same as "liquid chemical germicide."
A sink supplied with hot and cold potable water under pressure
which is used solely for washing hands, arms, or other portions of
the body.
The Department of Health of the Town of Weymouth established
in accordance with MGL c. 111.
Water which is heated to attain and maintain a temperature
of between 110° F. and 130° F.
The same as "contaminated waste."
The area in a body art establishment used for the storage
of linens, equipment and instruments used for body art.
Those hand pieces, needles, needle bars and other instruments
that may come in contact with a client's body or possible exposure
to bodily fluids during body art procedures.
A procedure causing entry into the body either by incision
or by the insertion of an instrument into or through the skin or mucosa,
or by any other means intended to puncture, break or compromise the
skin or mucosa.
Any device or adornment inserted into a pierced or incised
area or portion of the body.
A document issued by the Weymouth Board of Licensing Commissioners,
pursuant to this Body Art Ordinance, authorizing a person to conduct
body art procedures in the Town of Weymouth.
A substance registered with the United States Environmental
Protection Agency (EPA) for use in the destruction of pathogenic microorganisms
or an approximate 1:100 dilution of household chlorine bleach in clean
water mixed fresh daily.
A person of less than 18 years of age as of that person's
last birthday.
Any trailer, truck, car, van, camper or other motorized or
nonmotorized vehicle, a shed, tent, movable structure, bar, home or
other facility wherein, or concert, fair, party or other event whereat
one desires to or actually does conduct body art procedures, excepting
only a licensed body art establishment which has also obtained a permit
from the Department.
Any person alone or jointly with other persons who owns,
controls, operates or manages a body art establishment.
The invasion of the skin barrier or mucous membranes.
A document issued by the Department pursuant to this Body
Art Ordinance authorizing the performance of body art activities or
the use of a facility for the conducting of body art activities.
A person licensed by the Commonwealth of Massachusetts in
accordance with MGL c. 112, § 2.
Any surface of an inanimate object that contacts an unclothed
part of a person upon whom body art is to be performed.
Those forms of body art prohibited under this Body Art Ordinance and set forth in § 6-1218 hereof.
The process of reducing the number of microorganisms on a
surface to a safe level using a liquid chemical germicide.
The same as "liquid chemical germicide."
That form of body art that requires the use of an instrument
to cut a design into the skin to produce a scar.
Any object (sterile or not) that may purposefully or accidentally
cut or penetrate the skin or mucosa of a person, including, but not
limited to, needles, scalpel blades, razor blades and lancets.
A puncture-resistant, leakproof container that can be closed
for handling, storage, transportation or disposal and is labeled with
the International Biohazard Symbol.
Products or items that are intended for one-time, one-person
use and are to be disposed of after such use, 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.
A unit designed to and which is effective at killing all
microorganisms, including bacterial spores, and which is approved
by the Department for use for sterilization in a body art establishment.
To effectively kill all microorganisms, including bacterial
spores.
The form of body art consisting of the injection of ink,
dye or other medium to form or create an indelible mark, figure or
decorative design in the subcutaneous portion of the skin.
An electric, vertically vibrating tool used for tattooing.
The act or process of creating a tattoo.
The metal or salt-based substance injected into the subcutaneous
portion of the skin in the act or process of creating a tattoo.
The same as "mobile body art establishment."
The form of body art consisting of or requiring the placement,
injection or insertion of an object, device or other item made of
matters such as steel, titanium, rubber, latex, plastic, glass or
other inert materials beneath the surface of the skin of a person.
These terms do not include body piercing.
A unit approved by the Department and physically large enough
to fully submerge instruments in liquid, which removes all foreign
matter from the instruments by means of high-frequency oscillations
transmitted through the contained liquid.
The set of guidelines and controls published by the Centers
for Disease Control and Prevention 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 by the Centers for Disease Control (CDC), June 23, 1989,
Vol. 38, No. S-6, and as "recommendations for preventing transmission
of Human Immunodeficiency Virus and Hepatitis B Virus to patients
during exposure-prone invasive procedures" in Morbidity and Mortality
Weekly Report, July 12, 1991, Vol. 40, No. RR-8, each as amended or
updated. 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 hand washing, gloving, personal protective equipment, injury
prevention, and proper handling and disposal of needles, other sharp
instruments, and blood and body fluid contaminated products.
An area within a body art facility designated for use in
the conducting of body art activities.
If any provision or subpart thereof contained in this Body Art
Ordinance is found to be invalid or unconstitutional by a court of
competent jurisdiction, the validity of all remaining provisions or
subparts thereof shall not be so affected but shall remain in full
force and effect.
No person shall conduct any form of body art activity unless
such person holds a valid body art practitioner permit issued by the
Department pursuant to this Body Art Ordinance.
No person shall establish a facility for the conduct of a business
consisting of or including the performance of one or more body art
activities upon the person of another without a valid permit to operate
such facility as a venue within which to conduct body art activities
issued by the Department in accordance with this Body Art Ordinance.
Physicians who practice body art activities as a part of patient
treatment are exempt from the provisions of this Body Art Ordinance
so long as such body art activities are performed in a medically acceptable
manner.
Individuals who pierce only the lobe of the ear with a presterilized,
single-use stud-and-clasp ear piercing system, without the use of
a so-called "piercing gun," are exempt from the provisions of this
Body Art Ordinance.
The requirements of this Body Art Ordinance to obtain a body
art practitioner permit and a body art facility permit are separate
from and in addition to the requirements of MGL c. 110, § 5.
An applicant for a body art establishment permit must comply with
the requirements of MGL c. 110, § 5. Prior to the issuance
of a body art establishment permit, an applicant must demonstrate
compliance therewith by way of presentment to the Department of the
original business certificate issued by the Town Clerk under the provisions
of MGL c. 110, § 5.
The requirements of this Body Art Ordinance to obtain a body
art practitioner permit and/or a body art facility permit are separate
from and in addition to any similar requirements that may be mandated
by the Commonwealth of Massachusetts.
(a)
Application for registration and permit; fees. Any person seeking
registration under this Body Art Ordinance so as to obtain a body
art practitioner permit shall secure a license from the Board of License
Commissioners prior to any final action being taken upon the application
for a body art practitioner permit to the Department. Any person seeking
registration under this Body Art Ordinance so as to obtain a body
art practitioner permit shall submit a completed application provided
by the Department and shall pay to the Town of Weymouth a fee of $200.
A body art practitioner permit shall be valid for no more than one
year. The Department may renew a body art practitioner permit under
this Body Art Ordinance and each applicant for such renewal shall
pay to the Town of Weymouth a renewal fee of $200. All body art practitioner
permits shall expire on December 31 of the year of issuance.
(b)
Compliance with Body Art Ordinance requirements. An applicant for
a body art practitioner permit shall demonstrate to the Department
his/her successful compliance with all training, disclosure, consent
and educational requirements of this Body Art Ordinance relative to
the form of body art activities for which such applicant seeks a body
art practitioner permit prior to the issuance or renewal of a body
art practitioner permit by the Department.
(c)
Hepatitis B vaccination status; disclosure:
1.
A Hepatitis B vaccination is highly recommended.
2.
An applicant for a body art practitioner permit 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:
a.
Certification of completed vaccination;
b.
Laboratory evidence of immunity;
c.
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 permit applicant employee and that the vaccine cannot
be given;
d.
Certificate of vaccination declination of HBV, i.e., for medical
or religious reasons as provided in MGL c. 76, § 15.
(d)
Hygiene. 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.
(e)
Minimum training requirements.
Every applicant for a body art practitioner permit or a renewal of
a body art practitioner license, in order to be qualified for such
permit, shall provide to the Department evidence of satisfaction of
the following minimum training requirements:
[Amended 6-21-2021 by Order No. 21-090]
1.
Basic training in first aid and advanced CPR as well as proof of
attendance at required renewal.
2.
Documentation of attendance and completion of courses approved by
the Department, or completion of an examination, on the following
subjects:
3.
Proof of completion of a bloodborne pathogen training program (or
equivalent), given or approved by the Department. Examples of courses
approved by the Department include courses such as "Preventing Disease
Transmission" (American Red Cross) and "Bloodborne Pathogen Training"
(U.S. OSHA) and must include the requirements of standards in 29 CFR
1910.1030. Training courses provided by professional body art organizations
or associations or by equipment manufacturers may also be submitted
to the Department for approval.
4.
Evidence satisfactory to the Department of at least one year of actual
experience in the practice of performing body art activities of the
kind for which the applicant seeks a body art practitioner permit
to perform, whether such experience was obtained within or outside
of the commonwealth.
5.
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
permit to perform.
(f)
Consent to comply with Body Art Ordinance. An applicant for a body
art practitioner permit shall sign a statement provided by the Department
consenting to and agreeing to abide by all of the provisions of this
Body Art Ordinance.
(g)
Department authorized to issue permits. If an applicant for a body art practitioner permit demonstrates compliance with Subsection (e), the Department is hereby authorized to issue a body art practitioner permit pursuant to the provisions of this Body Art Ordinance, which authorizes the applicant to conduct body art activities consisting of body piercing and tattooing.
(h)
Acting within scope of permit. A body art practitioner shall only
perform those forms of body art for which he holds a body art practitioner
permit issued by the Department.
[Amended 6-20-2016 by Ord. No. 16-095]
(i)
Permit posting requirements. 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 permit of the body art practitioner.
(j)
Impairment by drugs or alcohol. No body art practitioner shall conduct
any form of body art activity while under the influence of alcohol
or drugs.
(k)
Restriction of certain body art activities. No body art practitioner
shall:
(l)
Sterile conditions. A body art practitioner shall only conduct body
art activities under sterile conditions.
(m)
Rash, lesion or visible sign of infection. 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.
(n)
Use of licensed facility. 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 the Body Art Ordinance.
(o)
Use of mobile or temporary body art establishment prohibited. No
body art practitioner shall conduct any form of body art activity
in a mobile or temporary body art establishment.
(a)
Application and consent for body art activity required. Every client
shall complete an application and consent form approved by the Department
prior to having any body art activity performed upon or to his/her
body.
(b)
Content of application and consent form. Every application and consent form required by Subsection (a) shall contain a minimum of the following:
2.
Information as to the side effects of body art, including, but not
limited to: hypertrophic scarring, possible adverse reaction to ink/dye/pigment,
possible change in color of ink/dye/pigment over time, a decreased
ability of physician to locate skin melanoma in regions concealed
by tattoos, brands, scars and other forms of body art, possible nerve
damage, febrile illness, tetanus, systemic infection, and keloid formation.
3.
Client information, including:
a.
Name;
b.
Proof of age and valid identification;
c.
In the case of a minor client, the parent's or legal guardian's
name, proof of parentage or legal guardianship through a copy of a
birth certificate or court order of guardianship respectively, or
a notarized document signed by the parent or legal guardian attesting
to the parent's or legal guardian's relationship to the minor client,
and the consent to the conduct of the contemplated body art activity
upon the minor client;
d.
The type of the body art activity to be performed.
4.
Instructions requiring the client to adhere to the exposure control
plan as such plan relates to the client's conduct in the body art
establishment.
5.
The address and telephone number of the Department and instructions
for the client, or in the case of a minor client, the minor client
and his/her parent or legal guardian, to contact the Department with
any questions or concerns regarding safety, sanitization or sterilization
procedures.
6.
The name of the body art practitioner who is to conduct the body
art upon the client or minor client and that practitioner's Department
registration number.
7.
The manufacturer codes, if any, the identity of the manufacturer,
and lot numbers of any dye/ink or pigment to be used in the body art
activity.
8.
Signature of client.
9.
In the case of a minor client, the signature of the client's parent
or legal guardian. The parent or legal guardian shall sign the consent
form in the presence of the body art practitioner.
10.
The signature of body art practitioner.
11.
The date(s) of all signatures.
12.
The date(s) of the body art procedure, including a daily estimate
of progress for the conduct of body art requiring multiple days to
complete.
(c)
Disclosure of certain health-related information.
1.
A client shall inform the body art practitioner of any known chronic
medical or communicable conditions, including, but not limited to,
the following:
a.
Diabetes;
b.
History of hemophilia (bleeding);
c.
History of skin disease, skin lesions or skin sensitivities
to soap, disinfectants, etc.;
d.
History of allergies or adverse reactions to pigments, dyes
or other skin sensitivities;
e.
History of epilepsy, seizures, fainting or narcolepsy;
f.
The taking of medications such as aspirin or other anticoagulants,
which thin the blood and/or interfere with blood clotting;
g.
History of or suspicion of adverse reaction to latex or products
containing latex.
2.
A client shall inform the body art practitioner of a known pregnancy
or possibility of pregnancy.
3.
The body art practitioner shall require the client to sign a release
form confirming that the above information was obtained or attempted
to be obtained and the client refused to disclose the same.
(d)
Impairment by drugs or alcohol. No person shall receive any form
of body art activity while under the influence of drugs or alcohol.
(e)
Aftercare instructions. All clients shall obtain and read and follow
the Department-approved aftercare instructions appropriate for the
form of body art conducted upon such person.
(f)
Minimum content or aftercare instructions. Aftercare instructions
shall be approved by the Department and shall include, at a minimum,
the following:
1.
Responsibilities and proper care following the procedure;
2.
Restrictions, if any, upon the client;
3.
Signs and symptoms of infection; and
4.
Instructions to contact a physician if possible signs of infection
occur or if bleeding occurs that is not controlled by light pressure
or if problems with urination or heavy vaginal bleeding occurs (for
genital body piercing or tattooing).
(g)
Age requirements for certain body art activities.
(h)
Rash, lesion or visible signs of infection. The skin area or mucosa
of a client to receive any form of body art activity shall be free
of rash, any lesion or from any visible sign of infection.
(i)
Injury report. 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 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)
Application for registration and permit; fees. Any person seeking
registration under this Body Art Ordinance so as to obtain a body
art establishment permit shall secure a license from the Board of
License Commissioners prior to any final action being taken upon the
application for a body art establishment permit to the Department.
A person seeking registration under this Body Art Ordinance so as
to obtain a body art establishment permit shall submit a completed
application provided by the Department and shall pay to the Town of
Weymouth a fee of $200. A body art establishment permit shall be valid
for no more than one year. The Department may renew a body art establishment
permit under this Body Art Ordinance and each applicant for such renewal
shall pay to the Town of Weymouth a renewal fee of $200. All body
art establishment permits shall expire on December 31 of the year
of issuance. A body art establishment permit shall not be transferable
from one place or person to another.
(b)
Business activity. The operation of a body art establishment and/or
the conduct of any body art activity under a body art practitioner
permit shall occur within the hours of operation set forth by the
Board of Licensing Commissioners.
(c)
Plans. Every operator or applicant for a body art establishment permit
shall submit to the Department scaled plans and specifications of
the proposed facility wherein any body art activity is intended to
be conducted demonstrating the compliance of the facility with this
Body Art Ordinance. The Department may require an on-site inspection
of the proposed facility to determine and/or ensure compliance with
the requirements of this Body Art Ordinance prior to the issuance
by the Department of a body art establishment permit pursuant to this
Body Art Ordinance.
(d)
Workstations.
1.
Every workstation shall have minimum of 45 square feet.
2.
Each body art establishment shall have at least one workstation.
3.
The area within each workstation shall be completely screened from
view from any person outside such workstation.
4.
A workstation shall be used for no purpose other than body art.
5.
Each workstation shall be separated from any other area of the body
art facility, including other workstations within such body art facility,
by a wall or curtain or other solid barrier extending from the floor
to a minimum height of eight feet.
6.
A workstation shall be maintained in a clean and sterile condition.
(e)
Separate areas.
1.
The cleaning area shall have an area for the placement and use of
an autoclave or other sterilization unit located or positioned so
as to be a minimum of 36 inches from a required ultrasonic cleaning
unit.
2.
Every body art establishment shall have therein an instrument storage
area exclusive of the cleaning area. The instrument storage area shall
be equipped with cabinets for the storage of all instruments and equipment.
The required cabinets shall be located a sufficient distance from
the cleaning area so as to prevent contamination of the instruments
and equipment stored therein.
3.
Every body art establishment shall have therein a customer waiting
area exclusive of and separate from any workstation, instrument storage
area or cleaning area.
(f)
Walls, floors, ceilings.
1.
Every workstation, instrument storage area, toilet room, and cleaning
area shall be constructed and maintained as follows so as to provide
a durable, smooth, nonabsorbent and washable surface:
a.
Floors: constructed of commercially rated continuous sheet vinyl,
smooth-sealed cement, ceramic tile with sealed grout, or other similar
materials approved by the Department and shall be maintained in good
repair free of any holes or cracks;
b.
Walls: covered with a semi-gloss or gloss enamel paint, or constructed
of fiberglass-reinforced panel, ceramic tile with sealed grout or
other similar materials approved by the Department and shall be maintained
in good repair free of any holes or cracks;
c.
Ceiling: covered with semi-gloss or gloss enamel paint, or approved
commercially rated panels or tiles and maintained in good repair free
of any holes, cracks or falling matter.
2.
All such floors, walls and ceilings shall be light-colored. For purposes
of this Body Art Ordinance, "light-colored" shall mean a light reflectance
value of 70% or greater.
(h)
Lighting and ventilation.
1.
Every workstation shall be well ventilated and have a minimum light
service maintained at all times during the conducting of body art
activities at an equivalent of not less than 20 footcandles as measured
36 inches above the floor, except that a minimum of 100 footcandles
shall be provided on the area of the client's body subject to the
conduct of body art, in any area where instruments or sharps are assembled,
and all cleaning areas.
2.
Every workstation, cleaning area and every area in a body art establishment
where linens, instruments, sharps or other equipment exposed, sanitized
or sterilized shall be equipped exclusively with readily cleanable
light fixtures with light bulbs, lenses or globes of shatterproof
material.
(i)
Plumbing.
1.
All plumbing and plumbing fixtures shall be installed in compliance
with local plumbing codes.
2.
To the extent permitted by applicable federal, state and local laws
and ordinances, all liquid wastes shall be discharged through the
plumbing system into the public sewerage system or into a Department-approved
private sewage disposal system.
3.
An adequate pressurized potable water supply shall be provided to
every body art establishment.
4.
The public water supply entering a body art establishment shall be
protected by a testable, reduced pressure backflow preventer installed
in accordance with MGL c. 142 and 248 CMR, as amended from time to
time.
(j)
Toilet rooms.
1.
Every body art establishment shall provide toilet rooms with adequate
lighting and ventilation to the outside for use by employees and clients,
which shall be available to clients during business hours.
2.
The number and construction of toilet rooms shall be in accordance
with local building and plumbing codes.
3.
Every water closet or toilet stall shall be enclosed and have a well-fitting,
self-closing door.
4.
An adequate supply of toilet tissue shall be provided in a permanently
installed dispenser in each water closet or toilet stall.
5.
Toilet rooms shall not be used for the storage of instruments or
other supplies used for body art activity.
(k)
Hand washing sinks.
1.
A hand washing sink shall be provided within or adjacent to any toilet
room, and there shall be at least one hand washing sink for every
three workstations.
2.
Every hand washing sink shall be equipped with an adequate supply
of hot and cold water under pressure with fixtures to allow for washing
of hands, liquid hand cleanser, single-use sanitary towels in devices
for dispensing, and a waste container of washable construction.
3.
A hand washing sink shall not be used as a janitorial sink.
(l)
Janitorial sink. At least one janitorial sink shall be provided in
every body art establishment for use in cleaning the body art establishment
and proper disposal of liquid wastes in accordance with all applicable
federal, state and local laws. For purposes of this Body Art Ordinance,
a "janitorial sink" means a sink of adequate size equipped with hot
and cold water under pressure so as to permit the cleaning of the
body art establishment and any equipment used for cleaning.
(n)
Exposure control plan required. Each operator shall create, update
as needed, and comply with an exposure control plan.
(o)
Exposure control plan submission and accessibility.
1.
The exposure control plan for a body art establishment shall be submitted
by the operator to the Department for review so as to meet all of
the requirements of OSHA regulations, to include, but not limited
to, 29 CFR 1910.1030 et seq., as amended from time to time.
2.
A copy of the body art establishment's exposure control plan shall
be maintained at the body art establishment at all times and shall
be made available to the Department upon request.
(p)
Telephone access; emergency communication. A body art establishment
shall be required to have a telephone in good working order and easily
accessible to all employees and clients during all hours of operation
for the purpose of contacting police, fire or emergency medical assistance
or ambulance services in the event of an emergency or perceived emergency.
A legible sign shall be posted at or adjacent to the telephone indicating
the correct emergency telephone numbers and the number of the Department.
(q)
Restrictions on other activities. No operator shall permit the use
of a body art establishment:
1.
For the sale of food and/or beverages, whether to be consumed at
the body art establishment or off-site;
2.
As a barbershop or hair salon;
3.
As a nail salon;
4.
As a bar, with or without a license for the sale of alcoholic beverages;
5.
As a bowling alley;
6.
For human habitation;
7.
As a tanning salon;
8.
As a massage parlor;
9.
For any other use which, in the opinion of the Department, may cause
the contamination of instruments, equipment, a procedure surface or
workstation.
(r)
Posting of permit. The operator of a body art establishment shall
post in an area of the body art establishment accessible to the Department
and to clients the original of the current body art establishment
permit issued by the Department.
(s)
Mobile or temporary body art establishment. No person shall establish
or operate a mobile or temporary body art establishment.
(t)
Health of body art establishment employees. No person affected with
boils, infected wounds, open sores, abrasions, weeping dermatological
lesions or acute respiratory infection shall work in any area of,
or in any capacity in, a body art establishment which would create
a likelihood that that person could contaminate equipment, instruments,
supplies, procedure surfaces, workstations or other otherwise compromise
or could reasonably be expected to compromise the sterility of the
body art establishment with body substances or pathogenic organisms.
(a)
Equipment and furnishings. The procedure surface and the surface
of all furniture and countertops located in a workstation, instrument
storage area and cleaning area 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 disinfecting.
Such surfaces shall be maintained in a good condition free from holes
and cracks.
(b)
Sanitizing and sterilization units.
1.
Every body art establishment shall have at a minimum the following:
a.
One or more ultrasonic cleaning units sold for cleaning purposes
under approval of the U.S. Food and Drug Administration. Every ultrasonic
cleaning unit shall be clearly labeled "Biohazardous" and shall be
installed or placed in the cleaning area at a minimum distance of
36 inches from the required autoclave or other sterilization unit.
b.
One or more autoclave or other sterilization units sold for
medical sterilization purposes under approval of the U.S. Food and
Drug Administration.
2.
Every operator and body art practitioner shall be knowledgeable in
the required washing, cleaning and sterilization procedures, including
the proper operation of the ultrasonic cleaning unit and autoclave
or other sterilization unit.
(c)
Waste receptacles.
(d)
Linens. Every body art establishment or body art practitioner shall
maintain an adequate supply of reusable, launderable linens or single-use
linens, such as drapes, lap cloths and aprons, to be used in conducting
body art activities.
(e)
Rotary pens. 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.
(f)
Ink, dye and pigment.
1.
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 their ingredients, manufacturer and
lot number in accordance with applicable United States Food and Drug
Administration (FDA) requirements, and shall not be contaminated or
adulterated. The mixing of such inks, dyes or pigments or the dilution
of the same with potable sterile water is acceptable, unless prohibited
or not recommended by the product manufacturer.
2.
Inks, dyes and pigments prepared by or at the direction of a body
art practitioner for use in body art activity shall be made exclusively
of nontoxic and noncontaminated ingredients approved by the Department
or the FDA.
(g)
Inserted objects; jewelry.
1.
Jewelry shall be sterilized, free from polishing compounds, free
from nicks, scratches, burrs or irregular surface conditions.
2.
Jewelry of sixteen-gauge girth or thicker shall not have raised external
threads or threading.
3.
Jewelry shall be in good condition, designed and manufactured for
insertion into the intended body part of the client.
4.
The use of previously worn jewelry or jewelry brought into the body
art establishment by the client or another is prohibited.
5.
Only jewelry manufactured of surgical implant stainless steel of
American Society for Testing and Material Standards (ASTM) grade F138,
surgical implant solid 14K or 18K white or yellow gold, niobium, surgical
implant titanium of Ti6A4V ELI, ASTM F-136-98, platinum or other materials
considered by the Department to be equally biocompatible and capable
of adequate cleaning and sterilization shall be inserted into a client.
(h)
Single-use equipment and instruments. Equipment, instruments and
supplies intended for single use shall not be used more than one time.
(i)
Prohibited instruments and materials. No operator, body art practitioner
or other person shall utilize or have available in a body art establishment
any:
1.
Instruments or materials, such as styptic pencils or devices, alum,
or any similar material used to check the flow of blood;
2.
Liquid sterilants for the attempted sterilization of any reusable
instrument or component;
3.
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;
4.
Multiple-use instruments or components that are designed in such
a manner that restricts or prevents proper washing, cleaning or sterilization;
5.
Drugs, chemicals or agents that require a licensed medical practitioner's
authorization for use, application or dispensation;
6.
Suturing kits or suturing devices, scalpels, cauterizing tools or
devices, or other tools, devices or instruments used for or in conjunction
with any prohibited body art activity, and not otherwise properly
used for any allowed body art activity;
7.
Piercing needles or piercing tapers for sale or use by one not a
body art practitioner;
8.
Needles used in the practice of "play piercing," so-called.
(a)
Animals.
1.
No body art practitioner shall conduct any form of body art upon
an animal.
2.
No animal, except one actually serving as any guide animal, signal
animal or service animal accompanied by a totally or partially blind
person or deaf person or a person whose hearing is impaired or handicapped
person, shall be allowed in a body art establishment.
3.
Fish aquariums shall be allowed in the waiting area and nonprocedural
areas of a body art establishment.
(b)
Smoking, eating and drinking prohibited. No person shall smoke, or
otherwise use any form of tobacco, eat or drink at or in a workstation,
instrument storage area or cleaning area. Only in the case of medical
need may fluids be consumed by a client.
(c)
Disease transmission. Except as set forth in these regulations, no
operator, body art practitioner or other person shall commit or permit
any act that may expose any client or person to disease or illness
or otherwise contaminate any instrument or area in a body art establishment.
(d)
Exposure incident report.
1.
An exposure incident report shall be completed by the close of the
business day during which an exposure has or might have taken place
by the involved or knowledgeable body art practitioner for every exposure
incident occurring in the conduct of any body art activity.
2.
Each exposure incident report shall contain:
a.
A copy of the application and consent form for body art activity
completed by any client or minor client involved in the exposure incident;
b.
A full description of the exposure incident, including the portion
of the body involved therein;
c.
Instrument(s) or other equipment implicated;
d.
A copy of the body art practitioner permit of the involved body
art practitioner;
e.
Date and time of exposure;
f.
A copy of any medical history released to the body art establishment
or body art practitioner; and
g.
Information regarding any recommendation to refer to a physician
or waiver to consult a physician by persons involved.
(e)
Record maintenance.
1.
Every operator shall have and retain at the body art establishment
for inspection by the Department the following information for the
time period specified below, to be updated as needed to remain current:
a.
Exposure control plan: one copy of the exposure control plan
for the body art establishment submitted to the Department;
b.
Employee records for the previous 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, dates of employment at the body art establishment, body
art practitioner registration number, Hepatitis B vaccination status
or declination notification;
c.
Body art practitioner independent operator (nonemployee of the
body art establishment) records for the previous 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 the body art establishment; body art practitioner registration
number, Hepatitis B vaccination status or declination notification;
d.
Client records for the previous two years: copies of all application
and consent forms for body art activity;
e.
Waste hauler manifests for contaminated waste transport and
disposal for the previous three years;
f.
Training records for the previous three years: documentation
to verify training of exposure control plan for all employees and
body art practitioner independent operators conducting body art activity
at such establishment;
g.
Commercial biological monitoring (spore) system test results
for the previous three years;
h.
Body Art Ordinance: one copy of the most current version of
this Body Art Ordinance and any state regulations concerning the practice
of body art.
2.
Every operator shall have and permanently retain at the body art
establishment for inspection by the Department all exposure incident
reports. The disposal or destruction of these reports is prohibited.
(f)
Establishment maintenance. 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.
(g)
Toilet room and plumbing maintenance. Every toilet room, all plumbing
and all plumbing fixtures shall be kept clean, fully operative, and
in good repair.
(h)
Equipment and instrument maintenance.
1.
All instruments, equipment and procedure surfaces 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, and in good repair and free
from contamination.
2.
All instruments manufactured for performing any specific body art
activity shall be so designated, used and approved, and shall not
be modified, 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.
(i)
Contaminated instruments.
1.
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.
2.
Prior to sterilization, every such instrument shall be thoroughly
washed by scrubbing with an appropriate disinfectant and hot water
in accordance with manufacturer's instructions so as to remove contamination
and foreign matter.
3.
Upon completion of the washing process as set forth in Subsection
(i)(2) above, every such instrument shall be cleaned using an ultrasonic
cleaning unit in accordance with manufacturer's instructions.
4.
Upon completion of the cleaning process as set forth in Subsection
(i)(3) 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.
5.
Upon completion of the packaging process as set forth in Subsection
(i)(4) above, every such instrument shall be properly sterilized by
properly autoclaving in an approved autoclave or sterilized in another
type of sterilization unit according to manufacturer's instructions.
6.
If a package becomes wet, is opened or is otherwise compromised so
as to allow the possible contamination of the contents of the package,
any instrument therein shall be deemed contaminated and shall again
be washed, cleaned, packaged and sterilized as indicated above prior
to use.
7.
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.
8.
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 section prior to use.
9.
Liquid sterilants shall not be used for the sterilization of any
reusable instrument.
(j)
Instrument storage. All instruments must be stored in the 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 Department.
(k)
Use of chemicals and cleansers. 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.
(l)
Labeling. 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.
(m)
Linen storage and cleaning.
1.
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 Department.
2.
Any other protective clothing, garment or cloth items worn during
or used during 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. 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.
(n)
Cleaning and testing of ultrasonic cleaning units and sterilization
units.
1.
Every ultrasonic cleaning unit and autoclave or sterilization unit
shall be used and maintained according to manufacturer's specifications.
Each ultrasonic cleaning unit, autoclave or other sterilization unit
shall be emptied and thoroughly cleaned and disinfected at least once
each day that the unit is used.
2.
Every autoclave or 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 week, to monitor the efficacy of the eradication of all
living organisms, including spores, by the autoclave or other sterilization
unit.
3.
Biological monitoring (spore) system testing of the autoclave or
other sterilization unit shall be performed by an independent commercial
testing laboratory contracted by the operator and/or body art practitioner.
A provision shall be included in the contact between the operator
and/or body art practitioner with the commercial testing laboratory
requiring the commercial testing facility to notify the Department
of any failure of the autoclave or other sterilization unit to eradicate
all living organisms, including spores.
(o)
Waste hauling.
1.
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.
2.
All contaminated waste in solid form and sharps shall be disposed
of through use of an approved waste hauler in accordance with all
applicable state, federal and local laws and/or regulations. The frequency
of disposal shall be determined by the Department, but shall be no
less than every 30 days.
(a)
Workstation sanitizing.
1.
All surfaces in a workstation which come in contact with a client
or which become contaminated or which may reasonably have become contaminated
shall be cleaned with water and soap or other appropriate cleaning
compound immediately following the conduct of body art upon a client.
2.
The workstation, including, but not limited to, the client's chair,
table, tray, procedure surface and similar surfaces, shall be thoroughly
sanitized with an approved disinfectant immediately before and immediately
after the conduct of body art upon a client therein/thereon.
(b)
Hand washing and use of gloves.
1.
A body art practitioner shall clean his/her hands and forearms thoroughly
by washing with antibacterial soap and warm water and promptly dry
the same with single-use paper towels or like material prior to conducting
any body art activity.
2.
A body art practitioner shall wear new, clean, single-use examination
gloves while assembling all instruments and other supplies intended
for use in the conduct of body art and during the conduct of body
art upon a client. New, clean, single-use nonlatex examination gloves
shall be used during the preparation for and the conduct of any body
art activity upon a client with a known or a suspected latex allergy.
3.
If an examination glove is pierced, torn or contaminated through
contact with any part of the client not subject to the conduct of
body art or such other surface so as to present the possibility of
contamination, any person other than the client, or otherwise exposed
to an unsanitary or nonsterile surface, both gloves must be promptly
removed and discarded into an appropriate waste receptacle. The body
art practitioner shall don new gloves before proceeding with the conduct
of body art.
4.
If the gloves of a body art practitioner are removed at any time
during assembly of instruments or supplies, or the conduct of body
art, the body art practitioner must clean his/her hands and don new
gloves in accordance with this section.
5.
The use of single-use examination gloves does not preclude or substitute
for the above hand washing requirement.
(c)
Instrument and equipment preparation.
1.
Every body art practitioner shall use linens, properly cleaned in
accordance with these regulations, or new single-use drapes, lap cloths,
and aprons for each element of body art conducted upon a client.
2.
Every substance used in the conduct of body art shall be dispensed
from containers so as to prevent contamination or the possibility
of contamination of the unused portion. Immediately before tattooing
a client, a sufficient quantity of the ink, dye or pigment to be used
therefor shall be transferred from its original bottle or container
into sterile, single-use disposable cups, caps or containers.
3.
Upon sanitization of the workstation, the instrument tray shall be
covered with an uncontaminated single-use paper towel, tray cover
or similar material.
4.
Every instrument required for the conduct of body art upon a client
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.
5.
Sharps containers shall be easily accessible to the body art practitioner
and located as close as is feasible to the immediate area where the
sharps will be used.
(d)
Use of workstation.
1.
The conduct of body art shall occur only upon a client or minor client
in a workstation under sterile conditions.
2.
Only the client, the parent or legal guardian of a minor client,
the guide or service animal of a client, the body art practitioner
conducting the body art and an assistant or apprentice to the body
art practitioner, with the express permission of the client, shall
be permitted in the workstation during the conduct of body art.
(e)
Use of instruments, supplies and sharps.
1.
All instruments used in the conduct of body art shall be without
contamination, and shall be properly cleaned, sanitized and sterilized
in accordance with this Body Art Ordinance.
2.
All instruments and other equipment or supplies used in the conduct
of body art that are designed or intended for single use shall only
be used once.
3.
All sharps shall be properly disposed of in a sharps container immediately
following use.
4.
All products applied to the skin, including body art stencils, shall
be single-use and shall be used only once.
5.
Products used in the application of body art stencils shall be dispensed
and applied to the area of the client upon which the body art activity
is to be performed with sterile gauze or other sterile applicator
so as to prevent contamination of the container and contents of the
product in use. The gauze or other applicator shall be used only once.
6.
Only single-use disposable razors shall be used in the conduct of
body art activities, and such single-use disposable razors shall not
be used more than one time.
(f)
Waste disposal. Disposable items such as gloves, wipes, cotton balls,
Q-tips, water cups, rinse cups (used alone or in an ultrasonic cleaning
unit), drapes, lap cloths, aprons and other single-use items that
have come into contact with any person, client, workstation, instrument
trays, counters, towels or linens used for the conduct of body art,
or have otherwise become contaminated, shall be promptly discarded
into an appropriate waste receptacle during or upon completion of
the conduct of body art in accordance with this Body Art Ordinance.
(g)
Multiple body art activities. The following shall be deemed to be
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:
(a)
Piercing gun. The use of a piercing gun is prohibited at all times.
(b)
Cosmetic tattooing; micropigmentation, etc. Cosmetic tattooing, also
known as permanent cosmetics, micropigment implantation or dermal
pigmentation, is hereby prohibited unless performed by a medical doctor
licensed by the Commonwealth of Massachusetts or such other person
who receives a license, permit or registration by the Commonwealth
of Massachusetts specifically to perform such activities.
If a person obtains such a license, permit or registration from the commonwealth, such person may conduct such body art activity, provided all requirements of this Body Art Ordinance are complied with, except § 6-1206.
(c)
Particular body piercings prohibited or restricted. The following
body piercings are hereby prohibited:
1.
Piercing of the uvula;
2.
Piercing of the tracheal area;
3.
Piercing of the neck;
4.
Piercing of the ankle;
5.
Piercing between the ribs or vertebrae;
6.
Piercing of the web area of the hand or foot;
7.
Piercing of the lingual frenum (tongue web);
8.
Piercing of the clitoris;
9.
Any form of chest or deep muscle piercings, excluding piercing the
nipple;
10.
Piercing of the anus;
11.
Piercing of an eyelid, whether the top or bottom;
12.
The form of body piercing known as "pocketing";
13.
Piercing of the gums;
14.
Piercing or skewering of a testicle;
15.
So-called "deep" piercing of the penis, meaning piercing through
the shaft of the penis, or "trans-penis" piercing in any area from
the corona glandis to the pubic bone;
16.
So-called "deep" piercing of the scrotum, meaning piercing through
the scrotum, or "trans-scrotal" piercing;
17.
So-called "deep" piercing of the vagina, to include, but not
limited to so-called "triangles."
(d)
Tongue splitting. The cutting, splitting or other bifurcation of
the tongue is hereby prohibited unless performed by a medical doctor
licensed by the Commonwealth of Massachusetts.
(e)
Braiding. The braiding of the skin is hereby prohibited unless performed
by a medical doctor licensed by the Commonwealth of Massachusetts.
(f)
Three dimensional body art; implantation. Three dimensional body
art, including "beading," and implantation is hereby prohibited unless
performed by a medical doctor licensed by the Commonwealth of Massachusetts.
(g)
Tooth filing, fracturing or removal. The filing or shaping or the
intentional fracturing or extraction of a tooth is hereby prohibited
unless performed by a dentist licensed by the Commonwealth of Massachusetts.
(h)
Cartilage modification. The cutting, notching, sculpting or other
modification of cartilage is hereby prohibited unless performed by
a doctor licensed by the Commonwealth of Massachusetts.
(i)
Amputation. The intentional amputation of any part of the body is
hereby prohibited unless performed by a doctor licensed by the Commonwealth
of Massachusetts.
(j)
Genital modification. Modification of the genitalia by means of subincision,
bifurcation, castration, male or female nullification or other surgical
means is hereby prohibited unless performed by a doctor licensed by
the Commonwealth of Massachusetts.
(k)
Introduction of saline or other liquids. The introduction of saline
solution or other liquid or semi-liquid substance into the body of
another for the purposes of causing a modification of the body is
hereby prohibited unless performed by a medical doctor licensed by
the Commonwealth of Massachusetts.
(l)
Branding or scarring. Branding or scarring may not be performed under
the permit and may only be performed by a licensed medical doctor.
(a)
Violation by a body art practitioner.
1.
A body art practitioner permit shall be suspended by the Health Department
immediately upon written notice of such suspension to the subject
body art practitioner when, in the opinion of the Health Department
nurse or inspector, the Health Department nurse or inspector has reason
to believe that, due to a condition or practice of the subject body
art practitioner, a threat to the public health exists.
[Amended 6-21-2021 by Order No. 21-090]
2.
When the condition or practice believed to cause such threat to the
public health is abated or corrected to the satisfaction of Health
Department personnel, the Health Department may terminate the suspension
of the body art practitioner permit of the subject body art practitioner
and reinstate the same upon written notice to the subject body art
practitioner, and the body art practitioner permit of such body art
practitioner shall remain in full force and in effect until the expiration
of the same or until the subsequent suspension, termination, revocation
or modification thereof.
3.
In all other instances of a violation of this Body Art Ordinance
by a body art practitioner, the Health Department shall serve upon
the subject body art practitioner written notice of violation detailing
the condition, event or practice determined by the Health Department
to be in violation of this Body Art Ordinance. Such written order
to correct shall instruct the body art practitioner that he shall
have a time period as determined by the nurse or inspector to abate
or correct such condition, event or practice to the satisfaction of
the Health Department.
[Amended 6-20-2016 by Ord. No. 16-095; 6-21-2021 by Order No. 21-090]
4.
Should a body art practitioner, subject to a notice of violation
pursuant to Subsection (a)(3), fail to abate or correct the condition,
event or practice which is the subject of a notice of violation, or
to otherwise comply with a notice of violation, the Health Department
may suspend, terminate, revoke or modify the permit held by such body
art practitioner.
[Amended 6-21-2021 by Order No. 21-090]
(b)
Violation by an operator or in a body art establishment.
1.
A body art establishment permit shall be suspended by the Health
Department immediately upon written notice of such suspension to the
subject operator when, in the opinion of the Health Department nurse
or inspector, due to a condition of or practice in the body art establishment,
the nurse or inspector of the Health Department has reason to believe
that a threat to the public health exists.
[Amended ]
2.
When the condition or practice believed to cause such threat to the
public health is abated or corrected to the satisfaction of the Health
Department personnel, the Health Department may terminate the suspension
of the body art establishment permit of the subject operator and reinstate
the same upon written notice to the subject operator, and the body
art establishment permit of such body art establishment shall remain
in full force and in effect until the expiration of the same or until
the subsequent suspension, termination, revocation or modification
thereof.
3.
In all other instances of a violation of this Body Art Ordinance
by an operator or in a body art establishment, the Health Department
shall serve upon the subject operator written notice of violation
detailing the condition, event or practice determined by the Health
Department to be in violation of this Body Art Ordinance. Such order
of notice shall instruct the operator that he shall have a time period
as determined by the nurse or inspector to abate or correct such condition,
event or practice to the satisfaction of the Health Department.
[Amended 6-20-2016 by Ord. No. 16-095; 6-21-2021 by Order No. 21-090]
4.
Should an operator subject to an order of notice pursuant to Subsection
(b)(3) fail to abate or correct the condition, event or practice which
is the subject of a notice of violation, or to otherwise comply with
a notice of violation, the Health Department may suspend, terminate,
revoke or modify the body art establishment permit held by such operator.
[Amended 6-21-2021 by Order No. 21-090]
(c)
Criminal prosecution. In accordance with §§ 1-109 and 1-110 of these ordinances, as amended from time to time, at the discretion of the Health Department, whoever violates any provision of this Body Art Ordinance may be penalized by indictment or on a criminal complaint brought in the District Court.
[Amended 6-21-2021 by Order No. 21-090]
(d)
Fine for violation; each day a separate offense. The fine for a violation
of any provision of this Body Art Ordinance shall be no less than
$10 and no greater than $1,000 per day, per offense.
(e)
Noncriminal disposition. In accordance with MGL c. 40, § 21D, and §§ 1-109 and 1-110 of these ordinances, as amended from time to time, at the discretion of the Health Department, whoever, in the opinion of the Health Department, violates any provision of this Body Art Ordinance may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D. The range of fines associated with this noncriminal disposition shall be not less than $10 nor more than $1,000 per day, per offense.
[Amended 6-21-2021 by Order No. 21-090]
(f)
Health Department regulations. The Health Department may from time
to time promulgate and amend regulations pertaining to the requirements
for all applicants for a body art practitioner permit and a body art
facility permit. In addition to the Body Art Ordinance, body art practitioners
and applicants for a body art facility permit are required to adhere
to the requirements set forth in the Health Department regulations.
In the event these regulations conflict with any section or subsection
of the Body Art Ordinance, it is the Body Art Ordinance which shall
take precedence.
[Amended 6-21-2021 by Order No. 21-090]
