[HISTORY: Adopted by the Board of Health
of the Town of Southwick 11-3-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: These regulations superseded former Ch. 402,
Body Art, adopted 4-23-2001.
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; therefore, the Board of Health of the Town of Southwick
passes these rules and regulations for the practice of body art in
the Town of Southwick 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 MGL c. 111, § 31.
As a condition of the required permit, establishments shall
allow access to the premises where body art is being conducted to
a Board of Health authorized agent as needed, to ensure compliance
with these regulations.
Written instructions given to the client, specific to the
body art procedures(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 body art practitioner permit.
Any person who applies to the Board of Health to undergo
a training period under the auspices of a licensed body art practitioner.
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 container in 29 CFR 1910.1030, entitled Occupational
Exposure to Bloodborne Pathogens.
The Southwick Board of Health or agent that has jurisdiction
in the community in which a body art establishment is located. Referred
to in these regulations as the Board.
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, 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 insertions 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 conditions.
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 the 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.
Diseases or conditions diagnosed by a licensed physician
as being contagious or transmissible which include, but not limited
to, chickenpox, diphtheria, measles, meningococcal disease, mumps,
pertussis (whooping cough), plague, poison oak, rubella, scabies,
staphylococcal skin infections (boils, infected wounds), streptococcal
infections, tinea, tuberculosis or other diseases designated as communicable
by the Massachusetts Department of Public Health.
Waste as defined in 105 Code of Massachusetts Regulations
(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 Regulations 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.
Also known as permanent cosmetics, micro pigment implantation
or dermal pigmentation, means the implantation or 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, 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,
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 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°-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
and 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
non-motorized vehicle, a shed, tent, movable structure, bar, home
or other facility wherein, or concert, fair, party, or other event
where 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.
A cosmetic technique which employs tattoos (permanent pigmentation
of the dermis) as a means of producing designs that resemble makeup,
such as eyelining and other permanent enhancing colors to the skin
of the human face, lips or eyelids.
Board approval in writing to either (1) operate a body art
establishment or (2) operate as a body art practitioner with 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 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 any including the body art procedures, or any associated
work area which may require sanitizing.
The Southwick Board of Health Rules and Regulations for Body
Art Establishments and Practitioners.
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 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
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 permitted body art practitioner approved by the Board in
writing to supervise an apprentice.
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 control, published by the Centers
for Disease Control and Prevention (CDC) as Guidelines for Prevention
of Transmission of Human Immunodeficiency (HIV) and Hepatitis B Virus
(HBV) to Health-Care and Public-Safety Workers in the 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 years.
B.
Body piercing, other than piercing the genitalia, may be performed
on a person under the age of 18 years 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 except as otherwise
allowed under the laws of the Commonwealth of Massachusetts.
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 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.
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, each body
art establishment shall be constructed, operated and maintained to
meet the following minimum requirements:
A.
Physical plant.
(1)
Walls, floors, ceiling 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 surface.
(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 divider 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, and
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 back flow 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 non-contaminated 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. Fish aquariums
shall be allowed in waiting rooms and non-procedural areas.
(17)
Smoking, eating or drinking is prohibited in the area where
body art is performed, with the exception of non-alcoholic 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 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
sterile water. 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 non-disposable instruments used for body art, including all reusable
solid core needles, pins and stylets, shall be clean 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 non-disposable instruments used for body
art shall be packed individually in sterilizer packs and subsequently
sterilized with 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. 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 re-packaging and re-sterilizing.
(7)
If the body art establishment uses only single-use, disposable instruments,
products and 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, 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 Southwick 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;
(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 body art establishment permit.
(6)
Each practitioner's permit.
E.
Procedures and policies manual. A procedures and policies manual
shall be provided to all practitioners by the facility management
or operator. This requirement can be fulfilled by providing to each
body art practitioner a copy of these regulations. Each body art establishment
operator and/or practitioner must carry a current government issued
photo identification at all times when practicing body art or when
an establishment is opened for business and must present such identification
to Board of Health inspectors upon request.
F.
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 these requirements;
(f)
A Safety Data Sheet, when available, as required by law;
(g)
Copies of waste hauler manifests;
(h)
Exposure Incident Report (kept permanently);
(i)
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;
(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 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 maintained at the body
art establishment at all times and shall be made available to the
Board upon request.
G.
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;
(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;
(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.
E.
A practitioner shall maintain the highest degree of personal cleanliness,
conform to best standard hygienic practices, and wear clean clothes
when 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 area
and the areas of skin surrounding where a 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. 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 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. The written instructions
shall advise the client:
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.
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.
A.
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 the 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;
(7)
Information regarding any recommendation to refer to a physician
or waiver to consult a physician by persons involved.
A.
A written report of any injury, infection complication or disease
as a result of a body art procedure, or complaint or 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:
(1)
The name of the affected client;
(2)
The name and location of the body art establishment involved;
(3)
The nature of the injury, infection complication or disease;
(4)
The name and address of the affected client's health care provider,
if any;
(5)
Any other information considered relevant to the situation.
A.
The Board shall investigate complaints received about an establishment
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 the 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.
A body art establishment permit shall be valid from the date of issuance
and for no longer than one year 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 acknowledgement that the applicant has received,
read and understood the requirements of the Board's rules and
regulations for body art establishments and practitioners;
(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)
Exposure report plan;
(6)
Such additional information as the Board may reasonably require.
E.
There shall be an annual fee for the body art establishment permit.
F.
A body art establishment permit 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 body art practitioner permit from the Board.
The Board shall set a reasonable fee for such permits.
B.
A practitioner shall be a minimum of 18 years of age.
C.
A body art 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.
E.
There shall be annual fee for a body art practitioner permit.
F.
Practitioner training and experience.
(1)
In reviewing an application for a body art practitioner permit, the
Board 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 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;
(b)
Current certification in first aid and cardiopulmonary resuscitation
(CPR).
Examples of courses approved by the Board 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 for approval.
(3)
The applicant for a body art practitioner permit shall provide documentation,
acceptable to the Board, that he/she 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, that
he/she 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.
Such other course or program as the Board 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 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.
G.
A body art practitioner's permit shall be conditioned upon continued
compliance with all applicable provisions of these rules and regulations.
A.
No person shall practice as an apprentice with respect to any body
art procedure without first obtaining an apprentice body art permit
from the Board. The permit is renewable annually until completion
of the apprenticeship for a fee.
B.
Application of an apprentice body art permit shall include:
(1)
Name;
(2)
Date of birth;
(3)
Residence address;
(4)
Mailing address;
(5)
Telephone number;
(6)
Place(s) of prior employment as a practitioner, if any;
(7)
Prior criminal record(s) declaration;
(8)
Present photo identification at time of application;
(9)
Name and address of approved trainer;
(10)
Signed letter of acceptance from the trainer;
(11)
Proof of all pre-apprenticeship training requirements;
(12)
Copy of informed consent documentation to be used as documentation
of the number and type of procedures performed.
C.
An apprentice shall be a minimum of 18 years of age.
D.
Apprenticeship length and practice.
(1)
Tattoo apprentice:
(a)
The apprenticeship period shall be a minimum of two years (equivalent
to 4,040 hours) of supervised training plus an additional one year
probationary period (to match the three years of practice for new
practitioners.
(b)
There will be no maximum amount of time for the apprenticeship.
The apprentice's approved trainer will be responsible for submitting
a letter to the Board stating their recommendation for a full or probationary
permit. This will allow the apprenticeship to extend until proficiency
of practice is demonstrated to the approved trainer and the Board.
(2)
Apprenticeship training and experience requirements training shall
be subject to approval by the Board, approval should be obtained in
advance and, at a minimum, shall include evidence of successfully
completing the following pre-apprenticeship training requirements:
(a)
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;
(b)
Current certification in basic first aid and cardiopulmonary
resuscitation (CPR);
(c)
Aftercare procedures.
(3)
Training shall be subject to approval by the Board. Approval should
be obtained in advance and, at a minimum, shall include evidence of
successfully completing the following procedures during the apprenticeship
period:
(a)
Client consultation;
(b)
Client health information;
(c)
Client disclosure form;
(d)
Client preparation;
(e)
Client informed consent;
(f)
Sanitation and safety precautions;
(g)
Implement selection and use;
(h)
Proper use of equipment;
(i)
Material selection and use;
(j)
Needles;
(k)
Pigments;
(l)
Machine;
(m)
Construction;
(n)
Adjustment;
(o)
Power supply;
(p)
Art, drawing and portfolio.
(4)
Body piercer apprentice:
(a)
The apprenticeship period shall be a minimum of one year (equivalent
to 2,020 hours) supervised training plus an additional two year probationary
period to match the three years of practice required for a new practitioner.
(b)
There is no maximum amount of time for the apprenticeship. The
apprentice's approved trainer will be responsible for submitting
a letter to the Board stating their recommendation for a full or probationary
permit. This will allow the apprenticeship to extend until proficiency
of practice is demonstrated to the approved trainer and the Board.
(5)
Apprenticeship training and experience requirements. Training shall
be subject to approval by the Board, and should be obtained in advance.
Training shall include evidence of successfully completing the following
pre-apprenticeship training requirements:
(a)
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;
(b)
Provide documentation, acceptable to the Board, of a completed
course on anatomy, or possess an equivalent combination of training
and experience deemed acceptable to the Board;
(c)
Current certification in basic first aid and cardiopulmonary
resuscitation (CPR);
(d)
Aftercare procedures.
(6)
Training shall be subject to approval by the Board. Approval should
be obtained in advance and, at a minimum, shall include evidence of
successfully completing the following procedures during the apprenticeship
period:
(a)
Client consultation;
(b)
Client health information;
(c)
Client disclosure form;
(d)
Client preparation;
(e)
Client informed consent;
(f)
Sanitation and safety precautions;
(g)
Implement selection and use;
(h)
Proper use of equipment;
(i)
Material selection and use;
(j)
Grade of jewelry;
(k)
Metals to use.
E.
Body art apprentice demonstration of proficiency and probationary
permits.
(1)
After the initial apprenticeship year, all body art apprentices are
eligible to apply for a probationary permit under the following conditions:
(a)
The approved trainer must submit a statement to the Board recommending
probationary status.
(b)
The approved trainer will submit a statement that the apprentice
is able to perform all allowable procedures or submits a statement
that the apprentice is unable to perform a defined type of procedure
without active supervision. Included in this statement will be documentation
of the types and number of procedures performed by the apprentice
during the training period.
(c)
After being granted a probationary permit, the apprentice will
be able to perform all allowable procedures for pay.
(d)
Informed consent forms provided to clients shall be kept on
file at the body art establishment and provided to the Board on request
as proof of the number and type of procedures performed.
F.
Application for full permit.
(1)
Upon completion of the required probationary period, the approved
trainer must submit a statement to the Board recommending full practitioner
status.
(3)
Informed consent forms provided to clients shall be kept on file
at the body art establishment and provided to the Board on request
as proof of the number and type of procedures performed.
A.
A trainer must apply to the Board prior to accepting an apprentice.
Requirements at the time of application include:
(1)
A trainer must demonstrate licensure for a minimum of the most recent
three consecutive years with no documented violations.
(2)
A trainer is responsible for developing and maintaining a log of
the hours worked and actions performed by the apprentice. A blank
copy of the log will be provided at the time of application.
(3)
Trainers shall develop an informed consent form that includes a statement
that the procedure is being performed by an apprentice. A copy of
this form will be provided at the time of application.
B.
A trainer is assuming responsibility for the apprentice throughout
the training period. It is the trainer's responsibility to ensure
all procedures and practices are conducted in compliance with all
applicable codes.
C.
A trainer is responsible for providing the Board with all necessary
paperwork at the end of the apprenticeship.
D.
Each trainer may have no more than one apprentice at any given time.
E.
During the initial training period (at least one year for a body
piercer; at least two years for a tattoo artist), the trainer's
permit shall be held responsible for any complaints lodged against
the apprentice. During the probationary period, the trainer's
permit will continue to be held responsible for any procedure for
which active supervision is required.
A.
A temporary body art permit may be issued by the Board under the
body art establishment permit where the temporary body art permit
holder will be practicing. It is the responsibility of the body art
establishment to ensure all temporary body art permit holders adhere
to these regulations. Any violations by the temporary body art permit
holder will be considered a violation by the establishment. The holder
of a temporary body art permit may not conduct a body art procedure
unless there is a holder of a body art permit in the establishment
at the time the body art procedure is performed by the holder of the
temporary body art permit.
B.
A temporary body art permit may be issued by the Board under the
following conditions:
(1)
Application for a temporary practitioner permit shall include:
(a)
Name;
(b)
Date of birth;
(c)
Residence address;
(d)
Mailing address;
(e)
Telephone number;
(f)
Place(s) of prior employment as a practitioner;
(g)
Training and/or experience as set out below;
(h)
Present photo identification at time of application;
(i)
Name and address of approved employer;
(j)
Copy of current body art license;
(k)
Copy of current bloodborne pathogen training certificate and
CPR/first aid training certificate.
(2)
The applicant will provide evidence to the Board of at least three
years of continuous licensure as a body art practitioner. If a practitioner
has practiced in a state that does not license individual practitioners,
the applicant must submit evidence satisfactory to the Board of both
uninterrupted practice and expertise in the body art activities for
which they are applying.
(3)
The permit will be valid for a fourteen-day period. No individual
may obtain more than four temporary body art permits in a calendar
year.
(4)
There will be a temporary body art permit fee.
A.
The Board 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, or 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, of 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.
(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 subject to the procedure outlined in § 402-18.
C.
Applicants denied a permit may reapply at any time after denial.
D.
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.
The owner of the establishment or the 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 shall hold the
hearing no later than 21 days from the date the written notice is
received.
B.
In the case of a suspension of a permit, a hearing shall be scheduled
no later than 21 days from the date of the suspension.
Enforcement of these regulations shall be implemented by the
Southwick Board of Health, its designated agent(s) or by police officers
of the Town of Southwick.
If any provision, clause, sentence or paragraph of these regulations
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
of this regulation which can be given effect without the invalid provision
of application, and to this end the provisions of this regulation
are declared to be severable.
Whoever violates any provision of these regulations, the violation
of which is subject to a specific penalty, may be penalized by the
noncriminal method of disposition as provided in Massachusetts General
Laws, c. 40, § 21D or by filing a criminal complaint at
the appropriate venue.
These rules and regulations shall take effect upon passage.
