[Added 1-29-2001; amended 9-13-2021; 3-7-2022]
Whereas body art is becoming prevalent and popular throughout
the Commonwealth: and whereas 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: now, therefore, the Board of Health of the Town of Chelmsford
passes these rules and regulations for the practice of body art in
the Town of Chelmsford as part of our mission to protect the health,
safety and welfare of the public.
These regulations are promulgated under the authority granted
to the Board of Health under Massachusetts General Law III, § 31.
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,
officer, or agent 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 procedures are prohibited.
A location, place, or business that has been granted a permit
by the Board of Health, 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 of Health to perform body art in an establishment
that has been granted a permit by the Board of Health.
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 Code of Federal Regulation
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
potential infectious material and which are capable of releasing these
materials during handling, sharps and any wastes containing blood
or other potentially infectious materials.
Also known as permanent cosmetics, micro pigment implantation
or dermal pigmentation, means 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 U.S. 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 implement, 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,
non-intact skin or parental contact with the blood or bodily fluids
of another person or contact of an eye, mouth or other mucous membrane,
non-intact skin or parental 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 of 110°
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
whereas one desires to or actually does conduct body art procedures.
Any person who individually, or jointly or severally with
others, owns, or controls an establishment but is not a body art practitioner.
Board of Health approval in writing to either (1) a body
art establishment or (2) operate as a body art practitioner within
a body art establishment. Board of Health 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 Board's
jurisdiction.
An individual, any form of business or social organization
or any other non-governmental legal entity, including but not limited
to corporations, partnerships, limited-liability companies, associations,
trusts or unincorporated organizations.
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 an associated
work area which may require sanitizing.
Clean and free of agents of infection or disease.
The application of a U.S. 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, leak-proof 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 covering, 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 mucosa by the aid of needles or any other instrument used
to puncture the skin, resulting in permanent coloration or the skin
or mucosa. This term includes all forms of cosmetic tattooing.
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 of Health, 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 container 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, VoL40, No. RR-8. This method of
infection control requires the employer and 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. "Properly identified"
shall mean a valid photo identification of the adult and a birth certificate
of the minor.
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 frenulum
(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 gland is to the pubic bone; so
called "deep" piercing of the scrotum, meaning piercing through the
scrotum, or "transscrotal" piercing; so called "deep" piercing of
the vagina.
E.
The following practices 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/tattooing;
cartilage modification; amputation; genital modification; introduction
of saline or other liquids.
Unless otherwise ordered or approved by the Board of Health,
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 partition 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 of Health-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 Code of Massachusetts Regulation 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 (i.e., 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 nonalcoholic 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 480.000.
(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 used.
(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 portable 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 U.S. 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 U.S. 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 of Health. 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 renewed until documentation of the autoclave's ability to
destroy spores is received by the Board of Health. These test records
shall be retained by the operator for a period of three years and
made available to the Board of Health 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 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 disposable medical gloves and use medically recognized
sterile 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. 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.
D.
Posting requirements. The following shall be prominently displayed.
(1)
A disclosure statement, a model of which shall be available
from the Board of Health. 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 Chelmsford Board
of Health.
(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 of Health upon
request:
(1)
Establishment information, which shall include:
(a)
Establishment name.
(b)
Hour 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)
A material safety data sheet, 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 report (kept permanently).
(j)
A copy of these regulations.
(3)
Client information, which shall include:
(a)
Name;
(b)
Age and valid photo identification;
(c)
Address of the client;
(d)
Date of the procedure;
(e)
Name of the practitioner who performed the procedure(s);
(f)
Description of procedure(s) performed and the location on the
body;
(g)
A signed consent form as specified by § 201-122D(2); and
(h)
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.
Client information shall be kept confidential at all times.
(4)
Exposure control plan. Each establishment shall create, update,
and comply with an exposure control plan. The plan shall be submitted
to the Board of Health for review so as to meet all of the requirements
of OSHA regulations, to include, but not limited to, 29 Code of Federal
Regulation 1910.1030, OSHA Bloodborne Pathogens Standards et seq.,
as amended from time to time. A copy of the Plan shall be always maintained
at the body art establishment and shall be made available 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 U.S. 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 U.S. 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 may 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 them 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.
E.
A practitioner shall maintain the highest degree of personal cleanliness,
conform to the best standard hygienic practices, and wear clean clothes
while performing body art procedures. Before performing body art procedures,
the practitioner must thoroughly wash their 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 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 handwashing 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 that 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
is and the areas of skin surrounding where body art procedure is to
be placed shall be washed with soap and water or an approved surgical
skin preparation. If shaving is necessary, single-use disposable razors
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 480.000.
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 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.
(1)
(2)
A copy shall be provided to the client. A model set of aftercare
instructions shall be made available by the Board of Health.
L.
Contaminated waste shall be stored, treated, and disposed in accordance
with 105 CMR 480.000: 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 of Health 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 of Health shall investigate complaints received about an
establishment or practitioner's practices or acts which may violate
any provision of the Board of Health regulations.
B.
If the Board of Health finds that an investigation is not required
because the alleged act or practice is not in violation of the Board
of Health's regulations, then the Board of Health shall notify the
complainant of this finding and the reasons on which it is based.
C.
If the Board of Health finds that an investigation is required because
the alleged act or practice may be in violation of the Board of Health's
regulations, the Board of Health shall investigate and if a finding
is made that the act or practice is in violation of the Board of Health's
regulations, then the Board of Health 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 of Health.
B.
Applications for a permit shall be made on forms prescribed by and
available from the Board of Health. 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 for no longer than one year unless revoked sooner by the Board
of Health.
D.
The Board of Health shall require that the applicant provide, at
a minimum, the following information in order to be issued an establishment
perm it:
(2)
The manufacturer, model number, model year, and serial number,
where applicable, of the autoclave used in the establishment;
(3)
A signed and dated acknowledgement that the applicant has received,
read, and understood the requirements of the Board of Health's body
art regulations;
(4)
A drawing of the floor plan of the proposed establishment to
scale for a plan review by the Board of Health, as part of the permit
application process;
(5)
Exposure report plan; and
(6)
Such additional information as the Board of Health may reasonably
require.
E.
The annual fee for the body art establishment permit shall be $1,000.
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 of Health.
The fee for the permit shall be $750.
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 expire no later than one year from the date of issuance unless
revoked sooner by the Board of Health.
E.
Practitioner training and experience.
(1)
In reviewing an application for a practitioner permit, the Board
of Health may consider experience, training and/or certification acquired
in other states that regulate body art.
(2)
Training for all practitioners shall be approved by the Board
of Health and, at a minimum, shall include the following:
(a)
Bloodborne pathogen training program (or equivalent) which includes
infectious disease control; waste disposal; handwashing techniques;
sterilization equipment operation and methods; and sanitization, disinfection
and sterilization methods and techniques; and
(b)
Current certification in first aid and cardiopulmonary resuscitation
(CPR).
Examples of courses approved by the Board of Health include
"Preventing Disease Transmission" (American Red Cross) and "Bloodborne
Pathogen Training" (U.S. OSHA). Training/courses provided by professional
body art organizations or associations or by equipment manufacturers
may also be submitted to the Board of Health for approval.
(3)
The applicant for a body piercing practitioner permit shall
provide documentation, acceptable to the Board of Health, that s/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 system of the integumentary system (skin).
(4)
The applicant for a tattoo, branding or scarification practitioner
permit shall provide documentation, acceptable to the Board of Health,
that the applicant 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 system of the integumentary
system (skin). Such other course or program as the Board of Health
shall deem appropriate and acceptable may be substituted for the anatomy
course.
(5)
The applicant for all practitioners shall submit evidence satisfactory
to the Board of Health of at least two years actual experience in
the practice of performing body art activities of the kind for which
the applicant seeks a body art practitioner permit to perform, whether
such experience was obtained within or outside of the commonwealth.
F.
A practitioner's permit shall be conditioned upon continued compliance
with all applicable provisions of these rules and regulations.
A.
The Board of Health may suspend a permit, 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 suspension, denial, 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 of Health determines to be
of such nature as to render the establishment, practitioner or applicant
unfit to practice body arts 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 or the Board of Health'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 of Health's regulations; and
(10)
Other just and sufficient cause which the Board of Health may
determine would render the establishment, practitioner or applicant
unfit to practice body art.
B.
The Board of Health shall notify an applicant, establishment, or practitioner in writing of any violation of the Board's regulations, for which the Board of Health 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 of Health's regulations. The Board of Health may deny, revoke, or refuse to renew a permit if the applicant, establishment, or practitioner fails to comply after said seven days subject to the procedure outlined in § 201-130.
C.
Applicants denied a permit may reapply at any time after denial.
The Board of Health 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 of Health 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 of Health.
A.
The owner of the establishment or practitioner shall be given written
notice of the board's intent to hold a hearing for the purpose of
suspension, revocation, denial, or refusal to renew a permit. This
written notice shall be served through a certified letter sent return
receipt requested or by constable. The notice shall include the date,
time and place of the hearing and the owner of the establishment or
practitioner's right to be heard. The Board of Health shall hold the
hearing no later than 21 days from the date the written notice is
received.
If any provision contained in the model regulations is deemed
invalid for any reason, it shall be severed and shall not affect the
validity of the remaining provisions.
The fine for a violation of any provision of these rules and
regulations shall be $300 per offense. Each day that a violation continues
shall be deemed to be a separate offense.
In accordance with MGL Chapter 40, § 21D, and Town
of Chelmsford Article 32, 1979 Annual Town Meeting, and Article 6
Special Town Meeting, 1992; whoever violates any provision of these
rules and regulations may be penalized by noncriminal disposition.
A.
These
rules and regulations shall be effective as of January 29, 2001. These
regulations have been amended, voted on, and unanimously approved
at a regularly scheduled Board of Health meeting on September 13,
2021, and will go into effect on September 13, 2021. The changes approved
at the Board of Health's September 13, 2021, meeting consisted of
administrative renumbering; no substantive changes to the regulation
were made at this time.
B.
This
regulation has been amended, voted on, and unanimously approved at
a regularly scheduled Board of Health meeting on March 7, 2022, and
will go into effect on March 7, 2022. The changes approved at the
Board of Health's March 7, 2022, meeting consisted of administrative
corrections.
