[Adopted effective 2-1-2001 (Ch. 707 of the 2002 Bylaws)]
Body art is becoming prevalent and popular throughout the Commonwealth;
and knowledge and practice of universal precautions, sanitation, personal
hygiene, sterilization and aftercare requirements on the part of the
practitioner should be demonstrated to prevent the transmission of
disease or injury to the client and/or practitioner. Therefore, the
Board of Health of the Town of Greenfield passes these rules and regulations
for the practice of body art in the Town of Greenfield as part of
its mission to protect the public health, safety and welfare of the
public.
These regulations are promulgated under the authority granted
to the Board of Health under MGL c. 111, § 31.
As used in this article, the following terms shall have the
meanings indicated:
Written instructions given to the client, specific to the
body art procedure(s) rendered, about caring for the body art and
surrounding area, including information about when to seek medical
treatment, if necessary.
Any person who applies to the Board of Health for either
a body art establishment permit or practitioner permit.
An apparatus for sterilization utilizing steam pressure at
a specific temperature over a period of time.
A process which results in the destruction of all forms of
microbial life, including highly resistant spores, by the use of an
autoclave for a minimum of 30 minutes at 20 pounds of pressure (PSI)
at a temperature of 270° F.
OSHA guidelines contained in 29 CFR 1910.1030, entitled "Occupational
Exposure to Bloodborne Pathogens."
The Board of Health that has jurisdiction in the community
in which a body art establishment is located, including the board
or officer having like powers and duties in towns where there is no
Board of Health.
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 that are considered medical
procedures by the Board of Registration in Medicine, such as implants
under the skin, which are prohibited.
A location, place, or business 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.
A specifically identified individual who has been granted
a permit by the Board to perform body art in an establishment that
has been granted a permit by the Board.
Puncturing or penetrating the skin of a client with presterilized
single-use needles and the insertion of presterilized jewelry or other
adornment into the opening. This definition excludes piercing of the
earlobe with a presterilized single-use stud-and-clasp system manufactured
exclusively for ear piercing.
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.
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.
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.
A member of the public who requests a body art procedure
at a body art establishment.
Waste as defined in 105 CMR 480.000: Storage and Disposal
of Infectious or Physically Dangerous Medical or Biological Waste,
State Sanitary Code, Chapter VIII and/or 29 CFR Part 1910.1030. This
includes 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.
The implantation of permanent pigment around the eyes, lips
and cheeks of the face and hair imitation.
A product registered as a disinfectant by the United States
Environmental Protection Agency (EPA).
The destruction of disease-causing microorganisms on inanimate
objects or surfaces, thereby rendering these objects safe for use
or handling.
The puncturing of the lobe of the ear with a presterilized
single-use stud-and-clasp ear-piercing system following the manufacturer's
instructions.
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.
An event whereby there is an eye, mouth or other mucus 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 lavatory equipped with hot and cold running water under
pressure, used solely for washing hands, arms, or other portions of
the body.
Water that attains and maintains a temperature 110° F.
to 130° F.
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 any body art procedure.
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.
Any 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.
A light reflectance value of 70% or greater.
Any person under the age of 18 years.
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.
Any person who individually, or jointly or severally with
others, owns or controls an establishment, but is not a body art practitioner.
Board approval in writing to either 1) operate a body art
establishment or 2) operate as a body art practitioner within a body
art establishment. Board approval shall be granted solely for the
practice of body art pursuant to these regulations. Said permit is
exclusive of the establishment's compliance with other licensing or
permitting requirements that may exist within the community or political
subdivision comprising the Board's jurisdiction.
An individual, any form of business or social organization
or any other nongovernmental legal entity, including but not limited
to corporations, partnerships, limited-liability companies, associations,
trusts or unincorporated organizations.
An individual licensed as a qualified physician by the Board
of Registration in Medicine pursuant to MGL c. 112, § 2.
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.
Clean and free of agents of infection or disease.
The application of a United States EPA-registered sanitizer
on a cleaned surface in accordance with the label instructions.
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."
Any object, sterile or contaminated, that may intentionally
or accidentally cut or penetrate the skin or mucosa, including, but
not limited to, needle devices, lancets, scalpel blades, razor blades,
and broken glass.
A puncture-resistant, leakproof container that can be closed
for handling, storage, transportation, and disposal and that is labeled
with the International Biohazard Symbol.
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.
The use of a physical or chemical procedure to destroy all
microbial life, including highly resistant bacterial endospores.
The indelible mark, figure or decorative design introduced
by insertion of dyes or pigments into or under the subcutaneous portion
of the skin.
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.
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 thing made of
matters such as steel, titanium, rubber, latex, plastic, glass or
other inert materials, beneath the surface of the skin of a person.
This term does not include "body piercing."
A unit approved by the Board, 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.
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 (HIV) and Hepatitis
B Virus (HBV) to Health-Care and Public-Safety Workers" in Morbidity
and Mortality Weekly Report (MMWR), 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 MMWR, July 12, 1991, Vol. 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 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.
A.
Physicians licensed in accordance with MGL 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.
No tattooing, piercing of genitalia, branding or scarification shall
be performed on a person under the age of 18.
B.
Body piercing, other than piercing the genitalia, may be performed
on a person under the age of 18, provided that the person is accompanied
by a properly identified parent, legal custodial parent or legal guardian
who has signed a form consenting to such procedure.
C.
No body art shall be performed upon an animal.
D.
The following body piercings are hereby prohibited: piercing of the
uvula; piercing of the tracheal area; piercing of the neck; piercing
of the ankle; piercing between the ribs or vertebrae; piercing of
the web area of the hand or foot; piercing of the lingual frenum (tongue
web); piercing of the clitoris; any form of chest or deep muscle piercings,
excluding the nipple; piercing of the anus; piercing of an eyelid,
whether top or bottom; piercing of the gums; piercing or skewering
of a testicle; 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; so called "deep" piercing
of the scrotum, meaning piercing through the scrotum, or "transcrotal"
piercing; so called "deep" piercing of the vagina, to include but
not limited to so-called "triangles."
E.
The following practices are hereby prohibited unless performed by
a medical doctor licensed by the Commonwealth of Massachusetts: tongue
splitting; braiding; three dimensional/beading/implementation; tooth
filing/fracturing/removal; cartilage modification; amputation; genital
modification; introduction of saline or other liquids.
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)
Walls, floors, ceilings, and procedure surfaces shall be smooth,
durable, 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)
Solid partitions or walls extending from floor to ceiling shall separate
the establishment's space from any other 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)
The establishment shall take all measures necessary to ensure against
the presence or breeding of insects, vermin, and rodents within the
establishment.
(4)
Each operator area shall have a minimum of 45 square feet of floor
space for each practitioner. 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 a dividers or partitions
at a minimum.
(5)
The establishment shall be well ventilated and provided with an artificial
light source equivalent to at least 20 footcandles three feet off
the floor, except that at least 100 footcandles shall be provided
at the level where the body art procedure is being performed, where
instruments and sharps are assembled and all cleaning areas.
(6)
All electrical outlets in operator areas and cleaning areas shall
be equipped with approved ground fault (GFCI) protected receptacles.
(7)
A separate, readily accessible hand sink with hot and cold running
water under pressure, preferably equipped with wrist- or foot-operated
controls and supplied with liquid soap, and disposable paper towels
stored in fixed dispensers shall be readily accessible within the
establishment. Each operator area shall have a hand sink.
(8)
There shall be a sharps container in each operator area and each
cleaning area.
(9)
There shall be a minimum of one toilet room containing a toilet and
sink. The toilet room shall be provided with toilet paper, liquid
hand soap and paper towels stored in a fixed dispenser. A body art
establishment permanently located within a retail shopping center,
or similar setting housing multiple operations within one enclosed
structure having shared entrance and exit points, shall not be required
to provide a separate toilet room within such body art establishment
if Board-approved toilet facilities are located in the retail shopping
center within 300 feet of the body art establishment so as to be readily
accessible to any client or practitioner.
(10)
The public water supply entering a body art establishment shall
be protected by a testable, reduced pressure backflow preventor installed
in accordance with 142 CMR 248, as amended from time to time.
(11)
At least one covered, foot-operated waste receptacle shall be
provided in each operator area and each toilet room. Receptacles in
the operator area shall be emptied daily. Solid waste shall be stored
in covered, leakproof, rodent-resistant containers and shall be removed
from the premises at least weekly.
(12)
At least one janitorial sink shall be provided in each body
art establishment for use in cleaning the establishment and proper
disposal of noncontaminated liquid wastes in accordance with all applicable
federal, state and local laws. Said sink shall be of adequate size
equipped with hot and cold running water under pressure and permit
the cleaning of the establishment and any equipment used for cleaning.
(13)
All instruments and supplies shall be stored in clean, dry,
and covered containers. Containers shall be kept in a secure area
specifically dedicated to the storage of all instruments and supplies.
(14)
The establishment shall have a cleaning area. Every cleaning
area shall have an area for the placement of an autoclave or other
sterilization unit located or positioned a minimum of 36 inches from
the required ultrasonic cleaning unit.
(15)
The establishment shall have a customer waiting area, exclusive
and separate from any workstation, instrument storage area, cleaning
area or any other area in the body art establishment used for body
art activity.
(16)
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.
(17)
Smoking, eating, or drinking is prohibited in the area where
body art is performed, with the exception of fluids being offered
to a client during or after a body art procedure.
B.
Requirements for single-use items, including inks, dyes and pigments.
(1)
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 pursuant to 105 CMR 480.
(2)
All products applied to the skin, such as but not limited to body
art stencils, applicators, gauze and razors, shall be single-use and
disposable.
(3)
Hollow-bore needles or needles with cannula shall not be reused.
(4)
All inks, dyes, pigments, solid-core needles, and equipment shall
be specifically manufactured for performing body art procedures and
shall be used according to manufacturer's instructions.
(5)
Inks, dyes or pigments may be mixed and may only be diluted with
water from an approved potable source. Immediately before a tattoo
is applied, the quantity of the dye to be used shall be transferred
from the dye bottle and placed into single-use paper cups or plastic
cups. Upon completion of the tattoo, these single-use cups or caps
and their contents shall be discarded.
C.
Sanitation and sterilization measures and procedures.
(1)
All nondisposable instruments used for body art, including all reusable
solid-core needles, pins and stylets, shall be cleaned thoroughly
after each use by scrubbing with an appropriate soap or disinfectant
solution and hot water, (to remove blood and tissue residue), and
shall be placed in an ultrasonic unit sold for cleaning purposes under
approval of the United States Food and Drug Administration and operated
in accordance with manufacturer's instructions.
(2)
After being cleaned, all nondisposable instruments used for body
art shall be packed individually in sterilizer packs and subsequently
sterilized in a steam autoclave sold for medical sterilization purposes
under approval of the United States Food and Drug Administration.
All sterilizer packs shall contain either a sterilizer indicator or
internal temperature indicator. Sterilizer packs must be dated with
an expiration date not to exceed six months.
(3)
The autoclave shall be used, cleaned, and maintained according to
manufacturer's instruction. A copy of the manufacturer's recommended
procedures for the operation of the autoclave must be available for
inspection by the Board. Autoclaves shall be located away from workstations
or areas frequented by the public.
(4)
Each holder of a permit to operate a body art establishment shall
demonstrate that the autoclave used is capable of attaining sterilization
by monthly spore destruction tests. These tests shall be verified
through an independent laboratory. The permit shall not be issued
or renewed until documentation of the autoclave's ability to destroy
spores is received by the Board. These test records shall be retained
by the operator for a period of three years and made available to
the Board upon request.
(5)
All instruments used for body art procedures shall remain stored
in sterile packages until just prior to the performance of a body
art procedure. After sterilization, the instruments used in body art
procedures shall be stored in a dry, clean cabinet or other tightly
covered container reserved for the storage of such instruments.
(6)
Sterile instruments may not be used if the package has been breached
or after the expiration date without first repackaging and resterilizing.
(7)
If the body art establishment uses only single-use, disposable instruments
and products, and uses sterile supplies, an autoclave shall not be
required.
(8)
When assembling instruments used for body art procedures, the operator
shall wear sterile disposable medical gloves and use medically recognized
techniques to ensure that the instruments and gloves are not contaminated.
(9)
Reusable cloth items shall be mechanically washed with detergent
and mechanically dried after each use. The cloth items shall be stored
in a dry, clean environment until used.
D.
Posting requirements. The following shall be prominently displayed:
(1)
A disclosure statement, a model of which shall be available from
the Board. A disclosure statement shall also be given to each client,
advising him/her of the risks and possible consequences of body art
procedures.
(2)
The name, address and phone number of the Greenfield Board of Health
and the procedure for filing a complaint.
(3)
An emergency plan, including:
(a)
A plan for the purpose of contacting police, fire or emergency
medical services in the event of an emergency;
(b)
A telephone in good working order shall be easily available
and accessible to all employees and clients during all hours of operation;
and
(c)
A sign at or adjacent to the telephone indicating the correct
emergency telephone numbers.
(4)
An occupancy and use permit as issued by the local building official.
(5)
A current establishment permit.
(6)
Each practitioner's permit.
E.
Establishment recordkeeping. The establishment shall maintain the
following records in a secure place for a minimum of three years,
and such records shall be made available to the Board upon request:
(1)
Establishment information, which shall include:
(a)
Establishment name.
(b)
Hours of operation.
(c)
Owner's name and address.
(d)
A complete description of all body art procedures performed.
(e)
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 packing slips shall satisfy this requirement.
(f)
Material Safety Data Sheets, when available, for each ink and
dye used by the establishment.
(g)
Copies of waste hauler manifests.
(h)
Copies of commercial biological monitoring tests.
(i)
Exposure incident reports (kept permanently).
(j)
A copy of these regulations.
(3)
Client information.
(a)
Client information shall include:
[1]
Name;
[2]
Age and valid identification;
[3]
Address of the client;
[4]
Date of the procedure;
[5]
Name of the practitioner who performed the procedure(s);
[6]
Description of procedure(s) performed and the location on the
body;
[7]
A signed consent form as specified by § 507-30D(2); and
[8]
If the client is a person under the age of 18, proof of parental
or guardian identification, presence and consent, including a copy
of the photographic identification of the parent or guardian.
(b)
Client information shall be kept confidential at all times.
(4)
Exposure control plan. The establishment shall require that all body
art practitioners have either completed, or were offered and declined,
in writing, the Hepatitis B vaccination series. Records documenting
compliance with this requirement shall be provided to the Board upon
request.
F.
No person shall establish or operate a mobile or temporary body art
establishment.
Practitioners are required to comply with the following minimum
health standards:
A.
A practitioner shall perform all body art procedures in accordance
with Universal Precautions set forth by the United States Centers
for Disease Control and Prevention.
B.
A practitioner shall refuse service to any person who may be under
the influence of alcohol or drugs.
C.
Practitioners who use ear-piercing systems must conform to the manufacturer's
directions for use, and to applicable United States Food and Drug
Administration requirements. No practitioner shall use an ear-piercing
system on any part of the client's body other than the lobe of the
ear.
D.
Health history and client informed consent. Prior to performing a
body art procedure on a client, the practitioner shall:
(1)
Inform the client, verbally and in writing, that the following health
conditions will increase health risks associated with receiving a
body art procedure:
(a)
History of diabetes;
(b)
History of hemophilia (bleeding);
(c)
History of skin diseases, skin lesions, or skin sensitivities
to soaps, disinfectants, etc.;
(d)
History of allergies or adverse reactions to pigments, dyes,
or other sensitivities;
(e)
History of epilepsy, seizures, fainting, or narcolepsy;
(f)
Use of medications such as anticoagulants, which thin the blood
and/or interfere with blood clotting; and
(g)
Any other conditions such as hepatitis or HIV.
(2)
Require that the client sign a form confirming that the above information was provided, that the client does not have a condition that prevents him/her from receiving body art, that the client consents to the performance of the body art procedure, and that the client has been given the aftercare instructions as required by Subsection K of this section.
E.
A practitioner shall maintain the highest degree of personal cleanliness,
conform to the best standard 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
towels. This shall be done as often as necessary to remove contaminants.
F.
In performing body art procedures, a practitioner shall wear sterile disposable single-use gloves. Gloves shall be changed if they become pierced, torn, or otherwise 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 in accordance with Subsection E before the next set of gloves is put on. 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 hand-washing procedures as part of a good personal hygiene program.
G.
The skin of the practitioner shall be free of rash or infection.
No practitioner 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 the person could contaminate body
art equipment, supplies, or working surfaces with body substances
or pathogenic organisms.
H.
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.
I.
Preparation and care of a client's skin area must comply with the
following:
(1)
Any skin or mucosa surface to receive a body art procedure shall
be free of rash or any visible infection.
(2)
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 and an approved surgical
skin preparation, such as a five minute Betadine scrub. If shaving
is necessary, single-use disposable razors or safety razors with single-service
blades shall be used. Blades shall be discarded after each use, and
reusable holders shall be cleaned and autoclaved after 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.
(3)
In the event of bleeding, all products used to stop the bleeding
or to absorb blood shall be single-use, and discarded immediately
after use in appropriate covered containers, and disposed of in accordance
with 105 CMR 480.
J.
Petroleum jellies, soaps, and other products used in the application
of stencils shall be dispensed and applied on the area to receive
a body art procedure with sterile gauze or other sterile applicator
to prevent contamination of the original container and its contents.
The applicator or gauze shall be used once and then discarded.
K.
The practitioner shall provide each client with verbal and written
instructions on the aftercare of the body art site.
L.
Contaminated waste shall be stored, treated and disposed of in accordance
with 105 CMR 480: Storage and Disposal of Infectious or Physically
Dangerous Medical or Biological Waste, State Sanitary Code, Chapter
VIII.
A.
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.
B.
Each exposure incident report shall contain:
(1)
A copy of the application and consent form for body art activity
completed by any client or minor client involved in the exposure incident;
(2)
A full description of the exposure incident, including the portion
of the body involved therein;
(3)
Instrument(s) or other equipment implicated;
(4)
A copy of body art practitioner license of the involved body art
practitioner;
(5)
Date and time of exposure;
(6)
A copy of any medical history released to the body art establishment
or body art practitioner; and
(7)
Information regarding any recommendation to refer to a physician
or waiver to consult a physician by persons involved.
A written report of any injury, infection, complication or disease
as a result of a body art procedure, or complaint of injury, infection,
complication or disease, shall be forwarded by the operator to the
Board which issued the permit, with a copy to the 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.
A.
The Board shall investigate complaints received about an establishment's
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.
A.
No person may operate a body art establishment except with a valid
permit from the Board.
B.
Applications for a permit shall be made on forms prescribed by and
available from the Board. An applicant shall submit all information
required by the form and accompanying instructions. The term "application"
as used herein shall include the original and renewal applications.
C.
An establishment permit shall be valid from the date of issuance
and shall automatically expire one year from the date of issuance
unless revoked sooner by the Board.
D.
The Board shall require that the applicant provide, at a minimum,
the following information in order to be issued an establishment permit:
(2)
The manufacturer, model number, model year, and serial number, where
applicable, of the autoclave used in the establishment;
(3)
A signed and dated acknowledgment that the applicant has received,
read and understood the requirements of the Board's body art regulations;
(4)
A drawing of the floor plan of the proposed establishment to scale
for a plan review by the Board, as part of the permit application
process;
(5)
An exposure report plan; and
(6)
Such additional information as the Board may reasonably require.
E.
The annual fee for the body art establishment permit shall be $150.
F.
A permit for a body art establishment shall not be transferable from
one place or person to another.
A.
No person shall practice body art or perform any body art procedure
without first obtaining a practitioner permit from the Board. The
annual fee for the body art practitioner permit shall be $100.
B.
A practitioner shall be a minimum of 18 years of age.
C.
A practitioner permit shall be valid from the date of issuance and
shall automatically expire one year from the date of issuance unless
revoked sooner by the Board.
E.
Practitioner training and experience.
(1)
In reviewing an application for a practitioner permit, the Board
may consider experience, training and/or certification acquired in
other states that regulate body art.
(2)
Training.
(a)
Training for all practitioners shall be approved by the Board
and, at a minimum, shall include the following:
[1]
Bloodborne pathogen training program (or equivalent) which includes
infectious disease control; waste disposal; hand-washing techniques;
sterilization equipment operation and methods; and sanitization, disinfection
and sterilization methods and techniques; and
[2]
Current certification in first aid and cardiopulmonary resuscitation
(CPR).
(b)
Examples of courses approved by the Board include "Preventing
Disease Transmission" (American Red Cross) and "Bloodborne Pathogen
Training" (U.S. OSHA).
(3)
The applicant for a body piercing practitioner permit shall provide
documentation, acceptable to the Board, that she/he completed a course
on anatomy and physiology 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 must include instruction
on the integumentary system (skin).
(4)
The applicant for a tattoo, branding or scarification practitioner
permit shall provide documentation, acceptable to the Board, that
she/he completed a course on anatomy and physiology 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
must include instruction on the integumentary system (skin).
(5)
The applicant for all practitioner permits shall submit evidence
satisfactory to the Board of at least two years 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.
F.
A practitioner permit shall be conditioned upon continued compliance
with all applicable provisions of these rules and regulations.
A.
The Board may deny a permit, 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)
Any actions which would indicate that the health or safety of the
public would be at risk;
(2)
Fraud, deceit or misrepresentation in obtaining a permit, or its
renewal;
(3)
Criminal conduct which the Board determines to be of such a nature
as to render the establishment, practitioner or applicant 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;
(4)
Any present or past violation of the Board's regulations governing
the practice of body art;
(5)
Practicing body art while the ability to practice is impaired by
alcohol, drugs, physical disability or mental instability;
(6)
Being habitually drunk or being dependent on, or a habitual 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)
Other just and sufficient cause which the Board may determine
would render the establishment, practitioner or applicant unfit to
practice body art.
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 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 days.
C.
Applicants denied a permit may reapply at any time after denial.
The Board may summarily suspend a permit pending a final hearing
on the merits on the question of revocation if, based on the evidence
before it, 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.
Suspension of a permit.
(1)
After a Board suspension of a permit, a hearing shall be initiated
pursuant to 801 CMR 1.00 et seq. (Standard Adjudicatory Rules of Practice
and Procedure), no later than 21 calendar days after the effective
date of the suspension.
(2)
Upon written request to the Board of Health, the establishment or
practitioner shall be afforded an opportunity to be heard concerning
the suspension of the permit by the Board.
(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.
B.
Denial, revocation, or refusal to renew a permit.
(1)
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.
(2)
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.
The Board shall refer to the appropriate District Attorney,
Attorney General, or other law enforcement official any incidents
of unauthorized practice.
The fine for a violation of any provision of these rules and
regulations shall be $100 for the first offense. The establishment
permit shall be suspended for 30 days for a second offense. The establishment
permit shall be revoked for a third offense. Each day that a violation
continues shall be deemed to be a separate offense.
