[HISTORY: Adopted by the Board of Health of the Town of Deerfield 9-8-2021 by Board of Health. Amendments noted where applicable.]
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 Deerfield Board of Health passes
these rules and regulations for the practice of body art in Deerfield
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 under Massachusetts General Law, Chapter 111, section 31.
Means 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.
Means any person who applies to the for either a body art
establishment permit or practitioner permit.
Means any person who applies to the to undergo a training
period under the auspices of a licensed Body Art practitioner.
Means an apparatus for sterilization utilizing steam pressure
at a specific temperature over a period of time.
Means 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 thirty minutes at 20 pounds of pressure
(PSI) at a temperature of 270 degrees Fahrenheit.
Means OSHA Guidelines contained in 29 CFR 1910.1030, entitled
"Occupational Exposure to Bloodborne Pathogens."
Means Deerfield Board of Health.
Means 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.
Means 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.
Means 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.
Means puncturing or penetrating the skin of a client with
pre- sterilized single-use needles and the insertion of pre-sterilized
jewelry or other adornment into the opening. This definition excludes
piercing of the earlobe with a pre-sterilized single-use stud-and-clasp
system manufactured exclusively for ear-piercing.
Means 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.
Means 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.
Means 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.
Means a member of the public who requests a body art procedure
at a body art establishment.
Means diseases or conditions diagnosed by a licensed physician
as being contagious or transmissible which include, but are not limited
to, the following: Chickenpox, Diphtheria, Measles, Meningococcal
Disease, Mumps, Pertussis (whooping cough), Plague, Poison oak (a
form of contact dermatitis), Rubella, Scabies, Staphylococcal skin
infections (boils, infected wounds), Streptococcal infections (Strep
throat), Tinea (ring worm), Tuberculosis or other disease designated
as Communicable by the Mass Dept. of Public Health.
Means 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
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 of permanent pigment
around the eyes, lips and cheeks of the face and hair imitation.
Means a product registered as a disinfectant by the U.S.
Environmental Protection Agency (EPA).
Means the destruction of disease-causing microorganisms on
inanimate objects or surfaces, thereby rendering these objects safe
for use or handling.
Means the puncturing of the lobe of the ear with a pre-sterilized
single- use stud-and-clasp ear-piercing system following the manufacturer's
instructions.
Means the United States Environmental Protection Agency.
Means 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.
Means 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.
Means an establishment in which practitioners perform the
act of body piercing or tattooing and includes all areas used by a
body arts practitioner and clients, including but not limited to treatment
areas and waiting/reception areas.
Means the Unites States Food and Drug Administration.
Means a lavatory equipped with hot and cold running water
under pressure, used solely for washing hands, arms, or other portions
of the body.
Means a chemical agent which has demonstrated tuberculocidal
activity and is registered with the EPA or approved by the FDA.
Means water that attains and maintains a temperature 110°-130°
F.
Means hand pieces, needles, needle bars, jewelry forceps,
hemostats, tweezers, 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.
Means 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.
Means any ornament made of Surgical Implant grade Stainless
Steel CRNMO 316 LVM ASTM F-138, solid 14 karat or higher white or
yellow gold, Niobium (Nb), Surgical Implant grade Titanium Ti6A4V
ELI, ASTM F-136, solid platinum, or a dense low porosity plastic such
as Tygon or PTFE for initial piercings. Threaded jewelry for initial
piercings must have internal tapping (no threads on posts) starting
from 16 gauge. Jewelry must be free of nicks, scratches, burrs, and
polishing compounds. Ring ends must be rounded.
Means a light reflectance value of 70 percent or greater.
Mean cloths or towels used for such things as draping or
protecting tables.
Means a chemical agent, which has demonstrated bactericidal,
germicidal, fungicidal and limited virucidal activity and is registered
with the EPA
Means a tattooing technique in which a small handheld tool
made of several tiny needles is used to add semi-permanent pigment
to the skin.
Means any person under the age of eighteen (18) years.
Means 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
whereat one desires to or actually does conduct body art procedures.
Means any person who individually, or jointly or severally
with others, owns, or controls an establishment, but is not a body
art practitioner.
Means Board approval in writing, to either: (1) operate a
body art establishment or, (2) operate as a body art practitioner
within a body art establishment. Board approval shall be granted solely
for the practice of body art pursuant to these model regulations.
Said permit is exclusive of the establishment's compliance with
other licensing or permitting requirements that may exist within the
Board's jurisdiction.
Means 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.
Means an individual licensed as a qualified physician by
the Board of Registration in Medicine pursuant to M.G.L. c. 112 § 2.
Means Board approval to operate as a body art practitioner
with restrictions and under the continual supervision of an approved
trainer.
Means any surface of an inanimate object that contacts the
client's unclothed body during a body art procedure, skin preparation
of the area adjacent to and including the body art procedure, or any
associated work area which may require sanitizing.
Means clean and free of agents of infection or disease.
Means the application of a U.S. EPA registered sanitizer
on a cleaned surface in accordance with the label instructions.
Means 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.
Means 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.
Means 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.
Means 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, pigment cups, and protective gloves.
Means the use of a physical or chemical procedure to destroy
all microbial life including highly resistant bacterial endospores.
Means the indelible mark, figure or decorative design introduced
by insertion of pigments into or under the subcutaneous portion of
the skin.
Means any method of placing pigments (includes inks/dyes)
into or under the skin or mucosa by the aid of solid core pins (herafter
referred to as needles), or any other instrument used to puncture
the skin, resulting in permanent coloration of the skin or mucosa.
This term includes all forms of cosmetic tattooing.
Means the same as Mobile Body Art Establishment.
Means 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.
Means any Deerfield licensed practitioner who has been approved
to supervise an apprentice.
Means 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.
Means a set of the most current guidelines and controls,
such as those 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 Mobility 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, and any future updates of these guidelines published
by the CDC. 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 M. G. L. 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 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 are hereby prohibited unless performed by
a medical doctor licensed by the Commonwealth of Massachusetts: tongue
splitting; braiding; three dimensional/beading/implementation tooth
filing/fracturing/removal/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, 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. All toilet facilities and workstation sinks shall
be maintained in good working order and kept clean at all times.
(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 foot candles 3 feet off the
floor, except that at least 100 foot candles 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-operated or foot-operated
controls and supplied with liquid soap, and disposable paper towels
stored in fixed dispensers shall be provided for each workstation.
(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 preventer 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,
leak proof, 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
(15)
The establishment shall have a customer waiting area, exclusive and
separate from any workstation, instrument storage area, cleaning area
or any other area in the body art establishment used for body art
activity.
(16)
No animals of any kind shall be allowed in a body art establishment
except service animals used by persons with disabilities (e.g., Seeing
Eye dogs). Fish aquariums shall be allowed in waiting rooms and nonprocedural
areas.
(17)
Smoking, eating, or drinking is prohibited in the area where body
art is performed, with the exception of non-alcoholic fluids being
offered to a client during or after a body art procedure.
(B)
Requirements for Single-Use Items Including 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 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)
Pigments may be mixed and may only be diluted per the manufacturer's
instructions and if with water from an approved potable source. Immediately
before a tattoo is applied, the quantity of the dye to be used shall
be transferred from the dye bottle and placed into single-use paper
cups or plastic cups. Upon completion of the tattoo, these single-use
cups or caps and their contents shall be discarded.
(C)
Sanitation and Sterilization Measures and Procedures.
(1)
All non-disposable instruments used for body art which has come in
contact with a client's skin 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. All disinfecting/cleaning solutions
or agents shall be maintained at adequate strengths to maintain effectiveness,
be free of foreign material and be available for immediate use at
all times the establishment is open. Each holder of a permit to operate
a body art establishment shall demonstrate, through recording logs
or other verifiable means, that the disinfecting solutions in use
maintain adequate strength and effectiveness.
(2)
After being cleaned, all non-disposable 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 (6) months.
(3)
The autoclave shall be used, cleaned, and maintained according to
manufacturer's instruction. A daily log will be maintained to
demonstrate appropriate sterilization temperatures are reached. 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 (3) years and made
available to the Board upon request.
(5)
All instruments used for body art procedures shall remain stored
in sterile packages until just prior to the performance of a body
art procedure. After sterilization, the instruments used in body art
procedures shall be stored in a dry, clean cabinet or other tightly
covered container reserved for the storage of such instruments.
(6)
Sterile instruments may not be used if the package has been breached
or after the expiration date without first repackaging and re-sterilizing.
(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 first wash hands using appropriate hand-washing techniques,
wear disposable medical gloves and use medically recognized sterile
techniques to ensure that the instruments and gloves are not contaminated.
Any working surfaces should have a vapor barrier applied prior to,
and removed after, any procedure.
(9)
Used linens and cloth items shall be stored in covered containers
until laundered. Reusable cloth items shall be laundered either by
regular commercial laundering or by a non-commercial laundering utilizing
commercial laundry detergent with hot water wash/rinse and high temperature
drying. 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)
Communicable and Blood Borne Disease.
Establishment owners and practitioners shall be responsible for adhering
to the following standards:
a.
No practitioner shall provide any body arts services or work in an
establishment while having a disease or condition which has been diagnosed
by as physician to be communicable. (see definitions)
b.
No practitioner shall diagnose or treat any suspected communicable
disease or condition.
c.
Any practitioner providing body arts services or working in an establishment
while being diagnosed with or suspected of having acquired an immunodeficiency
virus and related immunodeficiency condition or hepatitis B virus
shall observe and follow all current Center for Disease Control (CDC)
standards.
(E)
Posting Requirements. The following shall be prominently displayed:
(1)
A Disclosure Statement, a model of which shall be available from
the Board. A Disclosure Statement shall also be given to each client,
advising him/her of the risks and possible consequences of body art
procedures. The Disclosure Statement shall indicate whether or not
the establishment carries malpractice/liability insurance;
(2)
The name, address and phone number of the
(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.
And in addition a Procedures and Policies Manual shall be provided
to all practitioners by the facility management. This requirement
can be fulfilled by providing to each practitioner a copy of the Deerfield
Body Art Regulations. Each body arts establishment permit holder and/or
practitioner must carry a current government issued photo identification
at all time when practicing body arts or when an establishment is
opened for business, and must present such identification to inspectors
upon request.
(F)
Establishment Recordkeeping. The establishment shall maintain the
following records in a secure place for a minimum of five (5) 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 pigments 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 pigment used
by the establishment; and
(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 7(D)(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 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. Each employee shall be offered Hepatitis B immunizations.
(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 or who exhibits signs of recent
intravenous drug use.
(C)
Practitioners who use ear-piercing systems must conform to the manufacturers
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 section 7(O).
(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
section 7(E) before the next set of gloves is put on. Under no circumstances
shall a single pair of gloves be used on more than one person. The
use of disposable single-use gloves does not preclude or substitute
for hand washing procedures as part of a good personal hygiene program.
When gloves are removed during a procedure, hands should be washed
and a fresh pair of gloves used. Torn or perforated gloves should
be removed immediately, hands washed and fresh gloves used.
(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, open lesions, wounds or
puncture marks.
2.
Before a body art procedure is performed, the immediate skin area
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 antiseptic 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 from small single use containers 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)
Body pencils/pens used in body arts shall have the tip removed, the
body and tip of the pen disinfected, and the tip sharpened to remove
the exposed edge after use on a client and prior to use on another
client.
(L)
Plastic or acetate stencils used to transfer the tattoo design to
the clients skin shall be thoroughly cleansed and rinsed in an EPA
approved high-level disinfectant according to the manufacturers instructions
and then dried with a single-use paper product.
(M)
The use of styptic pencils or alum solids to stem the flow of blood
is prohibited.
(N)
Upon the completion of tattooing, the skin shall be cleansed, excluding
the area around the eyes, with a clean single-use paper product saturated
with an FDA approved antiseptic solution.
(O)
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:
(P)
Disposal material coming into contact with blood and/or body fluids
shall be disposed of in a sealable plastic bag, stored, treated and
disposed of in accordance with 105 CMR 480.000: Storage and Disposal
of Infectious or Physically Dangerous Medical or Biological Wastes,
State Sanitary Code, Chapter VIII.
(Q)
Disposable sharp objects that come into contact with blood and/or
body fluids shall be stored in sealable rigid (puncture proof) sharps
containers that are strong enough to protect the practitioners, clients
and others against accidental puncture wounds or cuts. All full sharps
containers must be disposed of in accordance with the requirements
of 105 CMR 480.000.
(R)
Practitioners may only use jewelry that is made of Surgical Implant
grade Stainless Steel CRNMO 316 LVM ASTM F-138, solid 14 karat or
higher white or yellow gold, Niobium (Nb), Surgical Implant grade
Titanium Ti6A4V ELI, ASTM F-136, solid platinum, or a dense low porosity
plastic such as Tygon or PTFE for initial piercings. Threaded jewelry
for initial piercings must have internal tapping (no threads on posts)
starting from 16 gauge. Jewelry must be free of nicks, scratches,
burrs, and polishing compounds. Ring ends must be rounded.
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.
Practitioners must inform clients of possible exposure immediately
following any exposure incident and refer clients for immediate medical
consultation. Records of exposure incidents shall be maintained per
OSHA Blood borne Pathogen Standards.
Exposure Incident Report shall contain:
(A)
A copy of the application and consent form for body art activity
completed by any client or minor client involved in the exposure incident;
(B)
A full description of the exposure incident, including the portion
of the body involved therein;
(C)
Instrument(s) or other equipment implicated;
(D)
A copy of body art practitioner license of the involved body art
practitioner;
(E)
Date and time of exposure;
(F)
A copy of any medical history released to the body art establishment
or body art practitioner; and
(G)
Information regarding any recommendation to refer to a physician
or waiver to consult a physician by persons involved.
A written report of any injury, infection complication or disease
as a result of a body art procedure, or complaint of injury, infection
complication or disease, shall be forwarded by the operator to the
Board which issued the permit, with a copy to the injured client within
five working days of its occurrence or knowledge thereof. Reports
of Injury/Illness must be maintained in facility files for five (5)
years. The report shall include:
(A)
The name of the affected client;
(B)
The name and location of the body art establishment involved;
(C)
The nature of the injury, infection complication or disease;
(D)
The name and address of the affected client's health care provider,
if any;
(E)
Any other information considered relevant to the situation.
(A)
The Board shall investigate complaints received about an establishment
or practitioner's practices or acts, which may violate any provision
of the Board's regulations.
(B)
If the Board finds that an investigation is not required because
the alleged act or practice is not in violation of the Board's
regulations, then the Board shall notify the complainant of this finding
and the reasons on which it is based.
(C)
If the Board finds that an investigation is required, because the
alleged act or practice may be in violation of the Board's regulations,
the Board shall investigate and, if a finding is made that the act
or practice is in violation of the Board's regulations, then
the Board shall apply whatever enforcement action is appropriate to
remedy the situation and shall notify the complainant of its action
in this manner.
(A)
No person shall operate a body art establishment except with a valid
permit from the Board.
(B)
Applications for a permit shall be made on forms prescribed by and
available from the Board. An applicant shall submit all information
required by the form and accompanying instructions. The term "application"
as used herein shall include the original and renewal applications.
(C)
An establishment permit shall be valid from the date of issuance
and shall expire on December 31 of each year unless revoked sooner
by the Board. The permit shall be renewed annually thereafter.
(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 body art
regulations;
(4)
A drawing of the floor plan of the proposed establishment to scale
for a plan review by the Board, as part of the permit application
process; and
(5)
Exposure Report Plan;
(6)
Such additional information as the Board may reasonably require.
(E)
The annual fee for the Body Art Establishment Permit shall be $100.00.
(F)
A permit for a body art establishment shall not be transferable from
one place or person to another.
(G)
Persons purchasing an existing body arts establishment shall:
(A)
No person shall practice body art or perform any body art procedure
without first obtaining a practitioner permit from the Board. The
annual fee for a Body Art Practitioner shall be $50.00.
(B)
A practitioner shall be a minimum of 18 years of age.
(C)
A practitioner permit shall be an annual permit valid from the date
of issuance and shall expire on December 31 of each year unless revoked
sooner by the Board. The permit shall be renewed annually thereafter.
(1)
Application for a practitioner
permit shall include:
a.
Name;
b.
Date of birth;
c.
Residence address;
d.
Mailing address;
e.
Phone number;
f.
Place(s) of prior employment as a practitioner;
g.
Training and/or experience as set out in (E) below.
h.
Declaration about any prior criminal record(s);
i.
Present photo I.D. at time of application.
j.
Social security number;
k.
Name and address of new employer.
(D)
(Reserved)
(E)
Practitioner training and experience.
(1)
In reviewing an application for a practitioner permit, the Board
may consider experience, training and/or certification acquired in
other states that regulate body art.
(2)
Training for all practitioners
shall be approved by the Board and, at a minimum, shall include evidence
of successfully completing the following;
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; 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;
b)
Current certification in Basic First Aid and cardiopulmonary resuscitation
(CPR); and
c)
Aftercare procedures.
(3)
The applicant for a body piercing practitioner permit shall provide
documentation, acceptable to the Board, that s/he completed a course
on anatomy, or possesses an equivalent combination of training and
experience deemed acceptable to the Board.
(F)
For all applicants not currently holding a valid Body Art Practitioner's
license in Deerfield, applicant shall submit evidence satisfactory
to the Board of at least three years of actual experience and proof
of uninterrupted licensure 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. At time of application, the applicant
will provide evidence that said licensure requirements are consistent
with the Town of Deerfield's requirements for apprenticeship
completion. 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.
(G)
A 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 any Body Art procedure
without first obtaining an apprentice permit from the Board. The annual
fee for a Body Art Practitioner Apprentice shall be $50.00.
(B)
An apprentice permit shall be an annual permit valid from the date
of issuance and shall expire on December 31 of each year unless revoked
sooner by the Board. The permit shall be renewed annually until completion
of apprenticeship.
(C)
Application for an apprentice permit shall include:
(1)
Name;
(2)
Date of birth;
(3)
Residence address;
(4)
Mailing address;
(5)
Phone number;
(6)
Place(s) of prior employment as a practitioner if any;
(7)
Declaration about any prior criminal record(s);
(8)
Present photo I.D. at time of application.
(9)
Social security number;
(10)
Name and address of approved trainer.
(11)
Signed letter of acceptance of trainer.
(12)
Proof of all pre-apprenticeship training requirements.
(13)
Copy of informed consent documentation to be used as documentation
of the number and type of procedures performed.
(D)
An apprentice shall be a minimum of 18 years of age.
(E)
Apprenticeship Length and Practice.
1.
Tattoo Apprentice;
a)
The apprenticeship period shall be a minimum of 2 years, full-time
(equivalent to 4,040 hours) supervised training plus an additional
1 year probationary period (to match the 3 years of practice required
for new practitioner applicants).
1.
There will be no maximum amount of time for the apprenticeship. The
apprentices' 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.
b)
Apprenticeship Training and Experience Requirements Training for
all apprenticeships shall be approved by the Board and, at a minimum,
shall include evidence of successfully completing the following pre-apprenticeship
training requirements:
1.
Bloodborne pathogen training program (or equivalent) which includes
infectious disease control; waste disposal; hand washing techniques;
sterilization equipment operation and methods; and sanitization, disinfection
and sterilization methods and techniques; 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;
2.
Current certification in Basic First Aid and cardiopulmonary resuscitation
(CPR); and
3.
Aftercare procedures.
c)
Training for all apprenticeships shall be approved by the Board and,
at a minimum, shall include evidence of successfully completing the
following procedures during the apprenticeship period:
The training period shall include:
1.
Client consultation;
2.
Client health form;
3.
Client disclosure form;
4.
Client preparation;
5.
Client informed consent;
6.
Sanitation and safety precautions;
7.
Implement selection and use;
8.
Proper use of equipment; and
9.
Material selection and use;
10.
Needles;
11.
Pigments;
13.
Art, drawing, and portfolio.
2.
Body Piercer Apprentice:
a)
The apprenticeship period shall be a minimum of 1 year, full-time
(equivalent to 2,020 hours) supervised training plus an additional
2 year probationary period (to match the 3 years of practice required
for new practitioner applicants).
1.
There is no maximum amount of time for the apprenticeship. The apprentices'
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.
b)
Apprenticeship Training and Experience Requirements. Training for
all apprenticeships shall be approved by the Board and, at a minimum,
shall include evidence of successfully completing the following pre
apprenticeship training requirements:
1.
Bloodborne pathogen training program (or equivalent) which includes
infectious disease control; waste disposal; hand washing techniques;
sterilization equipment operation and methods; and sanitization, disinfection
and sterilization methods and techniques; 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;
2.
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;
3.
Current certification in Basic First Aid and cardiopulmonary resuscitation
(CPR); and
4.
Aftercare procedures.
c)
Training for all apprenticeships shall be approved by the Board and,
at a minimum, shall include evidence of successfully completing the
following procedures during the apprenticeship period: The training
period shall include:
1.
Client consultation;
2.
Client health information;
3.
Client disclosure form;
4.
Client preparation;
5.
Client informed consent;
6.
Sanitation and safety precautions;
7.
Implement selection and use;
8.
Proper use of equipment;
9.
Material selection and use;
10.
Grade of jewelry; and
11.
Metals to use.
(F)
Demonstration of proficiency
(for all body art apprentices) 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 (as defined in Section
5) 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 as requested
as proof of the number and type of procedures performed.
(G)
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.
2.
All components of Section 12 will be applicable for this application.
3.
Informed consent forms provided to clients shall be kept on file
at the Body Art Establishment and provided to the Board as requested
as proof of the number and type of procedures performed during the
apprenticeship period.
(A)
Trainers must apply to the Board prior to accepting an apprentice.
Requirements at the time of application include:
(1)
Trainers must demonstrate licensure for a minimum of the most recent
3 consecutive years with no documented violations.
(2)
Trainers are responsible for developing and maintaining a log of
the hours worked and actions performed by the apprentice. A blank
copy of this 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)
Trainers are assuming responsibility for the apprentice throughout
the training period. It is the trainers responsibility to ensure all
procedures and practices are conducted in compliance with all applicable
codes.
(C)
Trainers are responsible for providing the Health Department with
all necessary paperwork at the end of the apprenticeship.
(D)
Each trainer may have no more than one (1) apprentice at any given
time.
(E)
During the initial training period (at least (1) year for Body Piercers;
at least (2) years for Tattoo Artisits) 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 (per Section 13(F)).
(A)
Temporary permits may be issued under the permit of the Body Art
establishment where they will be practicing. It is the responsibility
of the Body Art Establishment to ensure all guest artists follow Deerfield
Body Art regulations. Any violations by the guest artist will be considered
a violation of the Establishment. Permits may be issued 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.
Phone number;
f.
Place(s) of prior employment as a practitioner;
g.
Training and/or experience as set out in (E) below;
h.
Declaration about any prior criminal record(s);
i.
Present photo I.D. at time of application;
j.
Social security number;
k.
Name and address of new employer;
l.
Copy of current license;
m.
Copy of current Bloodborne pathogen training certificate and CPR/First
Aid training certificate.
(2)
Applicant will demonstrate to the Health Department at least 3 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 14 day period and will be limited
to 4 temporary permits per calendar year.
(4)
The fee for a Temporary Permit will be $25.00.
(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, revocation or refusal to renew:
(1)
Any actions which would indicate that the health or safety of the
public would be at risk;
(2)
Fraud, deceit or misrepresentation in obtaining a permit, or its
renewal;
(3)
Criminal conduct which the Board determines to be of such a nature
as to render the establishment, practitioner or applicant unfit to
practice body art as evidenced by criminal proceedings resulting in
a conviction, guilty plea, or plea of nolo contendere or an admission
of sufficient facts;
(4)
Any present or past violation of the Board's regulations governing
the practice of body art;
(5)
Practicing body art while the ability to practice is impaired by
alcohol, drugs, physical disability or mental instability;
(6)
Being habitually drunk or being dependent on, or a habitual user
of narcotics, barbiturates, amphetamines, hallucinogens, or other
drugs having similar effects;
(7)
Knowingly permitting, aiding or abetting an unauthorized person to
perform activities requiring a permit;
(8)
Continuing to practice while his/her permit is lapsed, suspended,
or revoked; and
(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 (7) 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 (7) days subject to the procedure outlined in Section 15.
(C)
Applicants denied a permit may reapply at any time after denial.
The Board may summarily suspend a permit pending a final hearing
on the merits on the question of revocation if, based on the evidence
before it, the Board determines that an establishment and/or a practitioner
is an immediate and serious threat to the public health, safety or
welfare. The suspension of a permit shall take effect immediately
upon written notice of such suspension by the Board.
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 shall hold the
hearing no later than 21 days from the date the written notice is
received.
In the case of a suspension of a permit as noted in Section
13, a hearing shall be scheduled no later than 21 days from the date
of the suspension.
If any provision contained in these 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 up to $1,000 per offense. Each day that a violation
continues shall be deemed to be a separate offense. The Board may
seek injunctive relief in response to any violation.
The Board may refer to the appropriate District Attorney, Attorney
general, or other law enforcement official any incidents of unauthorized
practice of body art.
In accordance with MGL chapter 40, section 21D and Deerfield
Body Art Regulations, whoever violates any provision of these Rules
and Regulations may be penalized by non-criminal disposition.
