[HISTORY: Adopted by the Board of Health
of the Town of Ashland as revised through 5-9-2023. Amendments noted where applicable.]
The Town of Ashland is promulgating rules and regulations in
the form of this Body Art Regulation which provides minimum requirements
to be met by any person performing Body Art activities for hire upon
another individual and for any establishment wherein Body Art activities
are to be performed. These requirements include, but are not limited
to, requirements concerning the general sanitation of the establishment
wherein Body Art activities are to be performed and Sterilization
of Instruments to be used in the conduct of Body Art. By enacting
this Body Art Regulation, the Town of Ashland has determined that
these rules and Regulations are necessary to protect the public's
health by preventing diseases, including, but not limited to, the
transmission of hepatitis B and/or human immunodeficiency virus (HIV/AIDS).
In addition, this Body Art Regulation establishes a requirement
and a procedure for the registration with the Ashland Board of Health
of all persons performing such Body Art activities, a requirement
for minimal training standards for such practitioners, including requirements
for the prevention of disease transmission and for knowledge of anatomy
and physiology provisions for the regular inspection of establishments
wherein Body Art activities are to be performed and for revocation
of the registration of any person or establishment deemed in violation
of the rules and regulations promulgated under this Body Art Regulation,
or for other means of enforcement of the provisions of this Body Art
Regulation.
This Body Art Regulation provides for an annual fee to be paid
by a person and/or establishment registered under this Body Art Regulation.
This fee is intended to help defray the cost to the Town of Ashland
of administering this Body Art Regulation.
These Regulations are promulgated under the authority granted
to the Ashland Board of Health (Board) pursuant to Massachusetts General
Law 111 Section 31, which states "Boards of health may make reasonable
health Regulations."
The following terms used in this Regulation, unless context
otherwise requires, shall have the following meaning:
1.
AFTERCARE INSTRUCTIONS — shall mean written instructions, approved
by the Board, given to a person upon whom one or more Body Art activities
have been performed, specific to the Body Art procedure(s) rendered
or performed, concerning the proper care to be given to the area of
the body upon which the Body Art has been performed and concerning
the surrounding area of the body.
2.
ANTISEPTIC — shall mean an agent that destroys disease-causing
microorganisms on human skin or mucosa.
3.
AUTOCLAVE — shall mean an apparatus for sterilization utilizing
steam pressure at specific temperature over a designated period of
time.
4.
AUTOCLAVING — shall mean the process which results in the destruction
of all forms of microbial life - including highly resistant bacterial
spores - by the use of an autoclave for a minimum of thirty (30) minutes
at 17 pounds of pressure (PSI) at a temperature of 250 degrees Fahrenheit
(F).
5.
BOARD — shall mean the Ashland Board of Health or its designated
agents.
6.
BODY ART — shall mean the practice of physical body adornment,
alteration, or modification by means including but not limited to
piercing, tattooing, micro-blading, branding, braiding/implantation,
or scarring.
7.
BODY ART APPRENTICE — shall mean an individual working under
the supervision of a Body Art Practitioner meeting the Apprenticeship
Program established in Section 2 of the Body Art Regulation.
8.
BODY ART ESTABLISHMENT — shall mean any facility that has been
inspected and approved by the Board (or one of its designated agents)
for use in conducting Body Art activities and for which a current
permit is issued by the Board in accordance with this Body Art Regulation.
9.
BODY ART REGULATION — shall mean this set of Regulations, as
amended from time to time by the Ashland Board of Health.
10.
BODY ART PRACTITIONER — shall mean a person who has received
a license to perform Body Art activities by the Board pursuant to
this Body Art Regulation.
11.
BODY ART PRACTITIONER LICENSE — shall mean a license issued
by the Board to a person qualified to engage in the practice of Body
Art in accordance with this Body Art Regulation.
12.
BODY PIERCING — shall refer to the form of Body Art requiring
or consisting of the puncturing or penetration of the skin or of a
membrane of a person for the purpose of the temporary or permanent
placement or insertion of jewelry or other adornment or device therein.
13.
BRAIDING — shall refer to the form of Body Art requiring or
consisting of the cutting of strips of skin of a person, which strips
are then to be intertwined with one another and placed onto such person
so as to cause or allow the incised and interwoven strips of skin
to heal in such intertwined condition.
14.
BRANDING — shall refer to the form of Body Art consisting of
or requiring the inducement of a burn and/or the resulting scarring
of the skin of a person by means of the use of a heated instrument
or object.
15.
CLEANING AREA — shall mean 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.
16.
CONTAMINATED or CONTAMINATION — shall refer to the presence
of or a reasonable possibility of the presence of blood, bodily fluids,
infectious, or potentially infectious matter on an inanimate object.
17.
CONTAMINATED WASTE — shall mean 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 potentially infectious materials, as defined
in 29 Code of federal Regulation part 1910.0130, as defined in 105
Code of Massachusetts Regulation 480.00 et seq., or in this Body Art
Regulation.
18.
COSMETIC TATTOOING — also known as permanent cosmetics, micro
pigment implantation, micro-blading or dermal pigmentation, shall
refer to the form of Body Art requiring the implantation of permanent
pigment around the eyes, lips, and cheeks of the face and hair imitation.
19.
CUSTOMER or CLIENT — shall mean a person upon whom one or more
Body Art activities is/are to be performed, and shall include a Minor
Client.
20.
CUSTOMER WAITING AREA — shall mean the area in a Body Art establishment
for use and occupation by persons and clients prior to and after the
conduct of Body Art.
21.
DISINFECT — shall mean the destruction of pathogenic microorganisms
using a Liquid Chemical Germicide.
22.
DISINFECTANT — shall mean the same as Liquid Chemical Germicide.
23.
DERMIS — shall mean the deeper, thicker portion of the skin
lying beneath the epidermis, to include the subcutaneous layer.
24.
EAR PIERCING — shall mean the puncturing of the outer perimeter
or lobe of the ear using a pre-sterilized single use stud and clasp
ear piercing system following manufacturer's instructions.
25.
EPIDERMIS — shall mean the outer layer of skin, which is composed
of four recognizable layers of cells usually, a total of about 0.1mm
thick.
26.
EQUIPMENT — shall mean machinery, fixtures, containers, vessels,
tools, devices, implements, furniture, display case, storage units,
sinks, and all other apparatus and appurtenances used in connection
with the operation of a Body Art establishment.
27.
EXPOSURE — shall mean an event whereby there is an eye, mouth
or other mucous membrane, non-intact skin or parenteral 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.
28.
EXPOSURE CONTROL PLAN — shall mean a plan drafted by an Operator
pursuant to the requirements of the U.S. Occupational Safety and Health
Administration to eliminate or minimize potential for an Exposure.
29.
EXPOSURE INCIDENT REPORT — shall mean a written report detailing
the circumstances of an Exposure.
30.
GERMICIDE or GERMICIDAL SOLUTION — shall mean the same as Liquid
Chemical Germicide.
31.
HAND SINK — shall mean a sink supplied with hot and cold potable
water under pressure, which is used solely for washing hands, arms,
or other portions of the body.
32.
HOT WATER — shall mean water, which is heated to attain and
maintain temperature between 110° F and 130° F.
33.
INFECTIOUS WASTE — shall mean the same as Contaminated Waste.
34.
INSTRUMENT STORAGE AREA — shall mean the area in a Body Art
establishment used for the storage of linens, equipment, and instruments
used for Body Art.
35.
INSTRUMENT or INSTRUMENT USED FOR BODY ART — shall mean those
hand pieces, needles, needle bars, and other instruments that may
come in contact with a client's body or possible exposure to
bodily fluids during Body Art procedures.
36.
INVASIVE - shall describe a procedure causing entry into the body
either by incision or by the insertion of an instrument into or through
the skin or mucosa, or by any other means intended to puncture, break
or compromise the skin or mucosa.
37.
JEWELRY — shall mean any device or adornment inserted into
a pierced or incised area or portion of the body.
38.
LICENSE — shall mean a document issued by the Board pursuant
to this Body Art Regulation authorizing a person to conduct allowed
Body Art procedures in the Town of Ashland.
39.
LIQUID CHEMICAL GERMICIDE — shall mean a substance registered
with the United States Environmental Protection Agency for use in
the destruction of pathogenic microorganisms or an approximate 1:100
dilution of household chlorine bleach in clean water mixed fresh daily.
40.
MICRO-BLADING — shall mean a pulling or swiping motion with
a set of slightly curved needles. It results in a fine line or scoring
of the skin into which the temporary color is delivered by multiple
needles being moved as they rotate through the skin in a slight curve.
41.
MINOR or MINOR CLIENT — shall mean a person of less than 18
years of age as of that person's last birth date.
42.
MOBILE BODY ART ESTABLISHMENT — shall mean 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 actually conduct
Body Art procedures, excepting only a Licensed Body Art Establishment.
43.
OPERATOR — shall mean any person alone or jointly with other
persons who owns, controls, operates or manages a Body Art Establishment.
44.
PARENTERAL — shall mean the invasion of the skin barrier or
mucous membranes
45.
PERMIT — shall mean a document issued by the Board pursuant
to this Body Art Regulation authorizing the use of a facility for
the conducting of Body Art activities.
46.
PHYSICIAN — shall mean a person licensed by the Commonwealth
of Massachusetts in accordance with Massachusetts general Law chapter
112 section 2.
47.
PROCEDURE SURFACE — shall mean any surface of an inanimate
object that contacts an unclothed part of a person upon whom Body
Art is to be performed.
48.
PROHIBITED FORMS OF BODY ART - shall refer to those forms of Body
Art prohibited under this Body Art Regulation
49.
SANITIZE — shall mean the process of reducing the number of
microorganisms on a surface to a safe level using a Liquid Chemical
Germicide.
50.
SANITIZER — shall mean the same as Liquid Chemical Germicide.
51.
SCARIFICATION — shall refer to a form of Body Art that requires
the use of an instrument to cut a design into the skin to produce
a scar.
52.
SHARPS — shall mean any object (sterile or not) that may purposefully
or accidentally cut or penetrate the skin or mucosa of a person, including
but not limited to, needles, scalpel blades, razor blades, and lancets.
53.
SHARPS CONTAINER — shall mean a puncture-resistant, leak-proof
container that can be closed for handling, storage, transportation,
or disposal and is labeled with the International Biohazard Symbol.
54.
SINGLE USE — shall mean products or items that are intended
for one-time, one-person use and are to be disposed of after such
use including, but not limited to, cotton swabs or balls, tissues
or paper products, paper or plastic cups, gauze and sanitary coverings,
razors, piercing needles, scalpel blades, stencils, ink cups, and
protective gloves.
55.
STERILIZATION UNIT — shall mean a unit designed to and which
is effective at killing all microorganisms, including bacterial spores
and which is approved by the Board for use for Sterilization in a
Body Art Establishment.
56.
STERILIZE — shall mean to effectively kill all microorganisms,
including bacterial spores.
57.
TATTOO — shall refer to the form of Body Art consisting of
the injection of ink, dye, or other medium to form or create an indelible
mark, figure or decorative design in the subcutaneous portion of the
skin.
58.
TATTOOING — shall mean the act or process of creating a tattoo.
59.
TATTOO GUN — shall mean an electric, vertically vibrating tool
used for tattooing.
60.
TATTOO INKS/PIGMENTS/DYES — shall mean the metal or salt-based
substance injected into the subcutaneous portion of the skin in the
act or process of creating a tattoo.
61.
TEMPORARY BODY ART ESTABLISHMENT — shall mean the same as Mobile
Body Art Establishment.
62.
THREE DIMENSIONAL "3D" BODY ART or BEADING or IMPLANTATION —
shall refer to the form of Body Art consisting of or requiring the
placement of 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.
63.
ULTRASONIC CLEANING UNIT — shall mean a unit approved by the
Board and physically large enough to fully submerge Instruments in
liquid, which unit removes all foreign matter from the Instruments
by means of high frequency oscillations transmitted through the contained
liquid.
64.
UNIVERSAL PRECAUTIONS or STANDARD PRECAUTIONS — shall mean
the set of guidelines and controls, published by the Center for Disease
Control as "guidelines for prevention of transmission of human immunodeficiency
virus and hepatitis B virus to healthcare and public-safety workers"
in Morbidity and Mortality Weekly Report by the center for Disease
Control (CDC) June 23, 1989, Vol.38,NO.S-6, and as "recommendations
for preventing transmission of human immunodeficiency virus and hepatitis
B virus to patients during exposure-prone invasive procedures" in
Morbidity and Mortality Weekly Report July 12, 1991, Vol.40, No. RR-8,
each as amended or updated. This method of infection control requires
the employer and the employee to assume that all human blood and specified
human bodily fluids are infectious for HIV, HBV, and other blood pathogens.
Precautions include, but are not limited to, hand washing, donning
of gloves, personal protective equipment, injury prevention, and proper
handling and disposal of needles, other sharp instruments, and blood
and bodily fluid contaminated products.
65.
WORKSTATION — shall mean an area within a Body Art Establishment
designated for use in the conducting of Body Art activities.
If any provision or subpart thereof contained in this Body Art
Regulation is found to be invalid or unconstitutional by a court of
competent jurisdiction, the validity of all remaining provisions or
subpart thereof shall not be so affected but shall remain in full
force and effect.
No person shall conduct any form of Body Art activity unless
such person holds a valid Body Art Practitioner or Apprentice License
issued by the Board pursuant to this Body Art Regulation.
No person shall establish a facility for the conduct of a business
consisting of or including performance of one or more Body Art activities
upon the person of another without a valid Permit to operate such
facility as a venue within which to conduct Body Art activities issued
by the Board in accordance with this Body Art Regulation.
(a)
Physicians licensed in accordance with M.G.L. c. 112 § 2
who practice Body Art procedures as part of a patient treatment are
exempt from provisions of the Body Art Regulation so long as such
Body Art activities are performed in a medically acceptable manner.
(b)
Individuals, who pierce only the lobe of the ear with a pre-sterilized
single-use stud and clasp ear-piercing system without the use of a
so-called piercing gun, are exempt from the provisions of this Body
Art Regulation.
The requirements of this Body Art Regulation to obtain a Body
Art Practitioner License and/or a Body Art Facility Permit are separate
from and in addition to the requirements of Massachusetts General
Law Chapter 110, § 5 or any similar requirements that may
be mandated by the Commonwealth of Massachusetts.
1.
Body Art Practitioner
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1.1
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Application - Registration - Body Art Practitioner License
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1.2
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Body Art Practitioner License - Compliance with Minimal Training
Requirements
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1.3
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Hepatitis B Vaccination Status - Disclosure
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1.4
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Hygiene
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1.5
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Minimal Education requirements
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1.6
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Blood Borne Pathogen Training Course - Content
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1.7
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Body Art Practitioner License - Consent to Comply with Body
Art Regulation
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1.8
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Body Art Practitioner License - Board Authorized to Issue
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1.9
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Body Art Practitioner License - Acting Within Scope of License
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1.10
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Body Art Practitioner License - Posting requirement
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1.11
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Body Art Practitioner License - Impairment by Drugs or Alcohol
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1.12
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Restriction of Certain Body Art Activities
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1.13
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Sterile Conditions
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1.14
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Rash, Lesion, or Visible Sign of Infection
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1.15
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Use of Licensed Facility
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1.16
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Body Art Practitioner - Use of Mobile or Temporary Establishment
- Prohibited
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1.1
Application - Registration - Body Art Practitioner License
Any person, aged 18 years or older, seeking registration under
this Body Art Regulation to obtain a Body Art Practitioner License
shall submit a completed application provided by the Board and shall
pay the Town of Ashland a fee per the fee schedule approved by the
Board of Health. A Body Art Practitioner License shall be valid for
no more than one year. The Board may renew a Body Art Practitioner
License under this Body Art Regulation and each applicant for such
renewal shall pay to the Town of Ashland a renewal fee per the fee
schedule. All Body Art Practitioner Licenses shall expire on December
31 of the year of issuance. Applications for renewal under this Body
Art Regulation shall be submitted to the Board at least thirty (30)
days in advance of the expiration date.
1.2
Application - Body Art Practitioner License - Compliance with Body
Art Regulation Requirements
An applicant for a Body Art Practitioner License shall demonstrate
to the Board his/her successful compliance with all training, disclosure,
consent, and educational requirements of this Body Art Regulation
relative to the form of Body Art activities for which such applicant
seeks a Body Art Practitioner License prior to the issuance or renewal
of a Body Art Practitioner License by the Board.
1.3
Hepatitis B Vaccination Status - Disclosure
(a)
A Hepatitis B Vaccination is highly recommended.
(b)
An applicant for a Body Art Practitioner License shall provide
to the Board, and shall provide to the owner of any Body Art Establishment
in which the applicant intends to perform or in which the applicant
does perform Body Art activity, valid documentation of his/her Hepatitis
B Virus (HBV) vaccination status stating:
a.
Certification of completed vaccination;
b.
Laboratory evidence of immunity (titer);
c.
Documentation stating the vaccine is contraindicated for medical
reasons. Contraindication requires a dated and signed licensed healthcare
professional's statement specifying the name of the Body Art
Practitioner License applicant and that the vaccine cannot be given;
or
d.
Certificate of vaccination declination of HBV, i.e. for medical
or religious reasons as provided in Massachusetts General Law chapter
76 section 15.
1.4
Hygiene
Every Body Art Practitioner shall maintain a high degree of
personal cleanliness, conform to hygienic practices and wear clean
clothes when conducting Body Art activity. If the clothes of a Body
Art Practitioner are or become contaminated, clean clothing shall
be donned prior to commencement of any further Body Art activity.
1.5
Minimal Training Requirements
Every applicant for a Body Art Practitioner License or a renewal
of a Body Art Practitioner License, in order to be qualified for such
a License, shall provide to the Board evidence of satisfaction of
the following minimal training requirements:
a.
For a Body Art Practitioner License enabling one to perform Body
Piercing, the completion of a complete course in Anatomy and Physiology,
(i.e. Anatomy & Physiology I&II) 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 work must
include instruction on the systems of the integumentary system (skin).
b.
For a Body Art Practitioner License that enables one to perform Tattooing,
but not Body Piercing, the completion of a complete course in Anatomy
and Physiology, (i.e. Anatomy & Physiology I&II) 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
work must include instruction on the systems of the integumentary
system (skin). Such other course or program as the Board shall deem
appropriate and acceptable may be substituted for the course in anatomy &
physiology otherwise required of an applicant for a Body Art Practitioner
License that enables one to perform Tattooing, but not Body Piercing.
c.
For all Body Art Practitioners, the successful completion of a course
on Prevention of Disease transmission and Bloodborne pathogens taught
by an instructor trained and sufficiently knowledgeable to teach this
OSHA course. Such knowledge shall include the requirements of 29 CFR
19010.1030.
d.
Current certification in American Red Cross First Aid, or its equivalent,
Cardio-Pulmonary Resuscitation (including use of an Automated External
Defibrillator).
e.
Body Art Practitioner work experience:
i.
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 License
to perform, whether such experience was obtained within or outside
the Commonwealth, or
ii.
Evidence of a completed apprenticeship program as approved by
the Commonwealth of Massachusetts or the Board, with instruction in
the kind of Body Art for which the applicant seeks a Body Art Practitioner
License to perform.
1.6
Blood Borne Pathogen
Training Course - Content
Any course taken by an applicant to fulfill the requirements
set forth in this Body Art Regulation concerning the exposure control
and Blood borne pathogen training shall meet the requirements of 29
CFR 19010.1030 et seq., as amended from time to time, and, at a minimum,
shall provide instruction in the following subject matter:
a.
(1)
A general explanation of the epidemiology and symptoms of Blood
borne diseases and all communicable diseases potentially transmitted
through Body Art activity;
(2)
An explanation of the modes of transmission of Blood borne pathogens
and other communicable diseases potentially transmitted through Body
Art activity;
(3)
An explanation of the appropriate methods for recognizing tasks
and other activities that may involve exposure to blood for the Body
Art practitioner and/or the client/recipient;
(4)
An explanation of the use and limitations of methods that will
prevent or reduce exposure to the Body Art Practitioner and/or client/recipient
of Blood borne pathogens and other communicable diseases;
(5)
Information on different types, proper use, and removal of gloves
and proper handwashing technique;
(6)
Information on the proper selection and use of disinfectants
and antiseptics;
(7)
Information on the HBV vaccine, including information on its
efficacy, safety, method of administration, and the benefits of vaccination
against HBV;
(8)
An explanation of what constitutes an exposure incident, the
risk of disease transmission following an exposure incident, and the
options for post-exposure evaluation and follow-up if an exposure
incident occurs involving Blood borne pathogens; and,
(9)
An opportunity for interactive questions and answers with the
instructor of the training session.
b.
Upon conclusion of a course as described above, an examination based
on the information covered in the course shall be administered to
each attendee of the course by the entity administering the course,
with documentation of the results for each attendee provided to him
or her. The Body Art Practitioner License applicant shall provide
the results of such examination to the Board.
1.7
Body Art Practitioner License - Consent to Comply with Body Art Regulation
An applicant for a Body Art Practitioner or Apprentice License
shall sign a statement provided by the Board consenting to and agreeing
to abide by all of the provisions of this Body Art Regulation.
1.8
Body Art Practitioner License -
Board Authorized to Issue
a.
If an applicant for a Body Art Practitioner License demonstrates
compliance with section 1.5(a) and all other provisions of this Body
Art Regulation, excepting only section 1.5(b), then the Board is hereby
authorized to issue a Body Art Practitioner License pursuant to the
provisions of this Body Art Regulation which authorizes the applicant
to conduct Body Art activities permitted under this Body Art Regulation.
b.
If an applicant for a Body Art Practitioner License does not demonstrate
compliance with section 1.5(a) of this Body Art Regulation, but does
demonstrate compliance with section 1.5(b) and with all other provisions
of this Body Art Regulation, then the Board is hereby authorized to
issue a Body Art Practitioner License that authorizes the applicant
to conduct Body Art activities permitted by this Body Art Regulation,
excepting Body Piercing.
1.9
Body Art Practitioner License - Acting Within Scope of License
A Body Art Practitioner shall only perform those forms of Body
Art for which he/she holds a Body Art Practitioner License issued
by the Board.
1.10
Body Art Practitioner License - Posting Requirement
A Body Art Practitioner and/or Operator shall post in an area
of the Body Art Establishment accessible to the Board and to the Clients
the original of the current Body Art Practitioner License of the Body
Art Practitioner.
1.11
Body Art Practitioner - Impairment by Drugs or Alcohol
No Body Art Practitioner shall conduct any Body Art activity
while under the influence of alcohol or drugs.
1.13
Sterile Conditions
A Body Art Practitioner shall only conduct Body Art activities
under sterile conditions.
1.14
Rash, Lesion or Visible Sign of Infection
The skin of a Body Art Practitioner shall be free from rash,
any lesion or visible sign of infection. A body Art Practitioner shall
not conduct any form of Body Art activity upon any area of a Client
that evidences the presence of any rash, lesion, or visible sign of
infection.
1.15
Use of Licensed Facility
A Body Art Practitioner shall only conduct Body Art activities
within a facility with a current Body Art Establishment Permit, and
which Establishment is in compliance with all provisions of this Body
Art Regulation.
1.16
Body Art Practitioner - Use of Mobile or Temporary Body Art Establishment
- Prohibited
No Body Art Practitioner shall conduct any form of Body Art
activity in a Mobile or Temporary Body Art Establishment.
2.
Apprenticeship Program
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2.1
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Apprenticeship Program - Authorization
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2.2
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Compliance with this Body Art Regulation
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2.3
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Apprenticeship Program - Minimum Requirements
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2.4
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Apprenticeship License - Board Authorized to Issue
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2.5
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Clients - Notice and Consent
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2.1
Apprenticeship Program - Authorization
This Regulation established pursuant to Massachusetts General
Law chapter 111 section 31, shall not prohibit a Body Art Practitioner
from participating in any License Apprenticeship Program.
2.2
Compliance with this Body Art Regulation
Any Body Art Practitioner may establish a License Apprenticeship
Program whereby apprentices may work under a licensed Body Art Practitioner
to gain the experience necessary to obtain a license to practice.
A Body Art Practitioner Apprenticeship Program established pursuant
to this section 2 of this Body Art Regulation shall require that all
participants in such Program adhere to and abide by all relevant provisions
of this Body Art Regulation excepting only section 1.5(e) herein.
2.3
Apprenticeship Program - Minimum requirements
As a minimum requirement of the Body Art Practitioner License Apprenticeship Program established hereunder, the Board shall require that each participant in such program shall be required to complete the requirements of section 1.5 (a) through (d) inclusive and 1.6 of this Body Art Regulation prior to participating in such program or conducting any form of Body Art activity upon a Client or the person of another.
2.4
Apprenticeship License - Board Authorized to Issue
The Board is hereby authorized to issue a Body Art Practitioner Apprenticeship License to participants in a Body Art Practitioner License Apprenticeship Program established pursuant to section 2.1 of this Body Art Regulation provided such participant qualifies for the same pursuant to the provisions of this Body Art Regulation by meeting the requirements of section 1.5(a) through (d) inclusive and 1.6 of this Regulation.
2.5
Clients - Notice and Consent
a.
Before a person acting under a Body Art Practitioner Apprentice license
conducts any form of Body Art activity upon a Client, that Client
shall be advised that the person to conduct such Body Art activity
is in fact an apprentice and is acting only under a Body Art Practitioner
Apprentice License.
b.
Before a person acting under a Body Art Practitioner Apprentice License conducts any form of Body Art activity upon a Client, such person must obtain the Client's written consent. This written consent shall be physically affixed to the Application and Consent Form for Body Art Activity required pursuant to section 3.2 of this Body Art Regulation and such written consent shall be maintained therewith.
3.
Customers/Clients
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3.1
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Application and Consent Form for Body Art Activity - Requirement
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3.2
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Application and Consent Form for Body Art Activity - Content
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3.3
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Disclosure of Certain Health Related Information
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3.4
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Impairment by Drugs or Alcohol
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3.5
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Aftercare Instructions - Requirement
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3.6
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Aftercare Instructions - Minimum Content
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3.7
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Age Requirements for Certain Body Art Activities
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3.8
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Rash, Lesion or Visible Sign of Infection
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3.1
Application and Consent Form for Body Art Activity - Requirement
Every Client shall complete an application and consent form
approved by the Board prior to having any Body Art activity performed
upon or to their body.
3.2
Application and Consent
Form for Body Art Activity - Content
Every application and consent form, required by section 3.1 of this Body Art Regulation, shall contain a minimum of the following:
b.
Information as to the side effects of Body Art, including, but not
limited to, hypertrophic scarring, possible adverse reactions to ink/dye
pigment, possible change in color of ink/dye pigment over time, a
decreased ability of physician to locate skin melanoma in regions
concealed by Tattoos or other forms of Body Art, possible nerve damage,
febrile illness, tetanus, systemic infection, and keloid formation;
c.
Client Information, including:
1.
Name;
2.
Age and valid identification;
3.
In the case of a Minor Client, the Parent or Legal Guardian's
name, proof of parentage or legal guardianship through a copy of birth
certificate or court order of guardianship respectively, or a notarized
document signed by the parent or legal guardian attesting to the parent
or legal guardian's relationship to the Minor Client, and the
consent to conduct of the contemplated Body Art activity upon the
Minor Client;
4.
The type of the Body Art activity to be performed.
d.
Instructions requiring the Client to adhere to the Exposure Control
Plan as such Plan relates to the Client's conduct in the Body
Art Establishment;
e.
The address and phone number of the Board and instructions for the
Client, or in the case of a Minor Client - the Minor Client and his/her
Parent or Legal Guardian, to contact the Board with any questions
or concerns regarding safety, Sanitation or Sterilization procedures;
f.
The name of the Body Art Practitioner who is to conduct the Body
Art upon the Client or Minor Client;
g.
The manufacturer codes, if any, the identity of the manufacturer,
and lot numbers of any Dye/ink or pigment to be used in the Body Art
activity;
h.
Signature of Client;
i.
In the case of a Minor Client, the signature of the Client's
parent or legal guardian. The parent or legal guardian shall sign
the consent form in the presence of the Body Art Practitioner;
j.
The signature of the Body Art Practitioner;
k.
The date(s) of all signature(s); and,
l.
The date(s) of the Body Art procedure, including a daily estimate
of progress for the conduct of Body Art requiring multiple days to
complete.
3.3
Disclosure of Certain
Health Related Information
a.
A Client shall inform the Body Art Practitioner of any known chronic
medical or communicable conditions, including, but not limited to
the following:
1.
Diabetes;
2.
History of hemophilia (bleeding);
3.
History of skin disease, skin lesions or skin sensitivities to soap,
Disinfectants, etc.;
4.
History of allergies or adverse reactions to pigments, dyes, or other
skin sensitivities;
5.
History of epilepsy, seizures, fainting or narcolepsy;
6.
The taking of medications such as aspirin or other anticoagulants,
which thin the blood and or interfere with blood clotting.
7.
History of or suspicion of adverse reactions to latex or latex-containing
products.
b.
A Client shall inform the Body Art Practitioner of a known pregnancy
or possibility of pregnancy.
c.
The Body Art Practitioner shall require the Client to sign a release
form confirming that the above information was obtained or attempted
to be obtained and the Client refused to disclose the same.
3.4
Impairment by Drugs or Alcohol
No person shall receive any form of Body Art activity who is
under the influence of drugs or alcohol.
3.5
Aftercare Instructions - Requirement
All Clients shall obtain and read and follow the Board approved
Aftercare Instructions appropriate for the form of Body Art conducted
upon such person.
3.6
Aftercare Instructions - Minimum
Content
Aftercare Instructions shall be approved by the Board and shall
include, at a minimum, the following:
3.7
Age Requirements for Certain Body
Art Activities
3.8
Rash, Lesion or Visible Sign of Infection
The skin area or mucosa of a Client to receive any form of Body
Art activity shall be free of rash, any lesion, or from any visible
sign of infection.
4.
Body Art Establishments
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4.1
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Application - Registration - Body Art Establishment Permit
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4.2
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Zoning Restriction
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4.3
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Plans
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4.4
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Workstation
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4.5
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Separate Areas
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4.6
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Walls - Floors - Ceilings
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4.7
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Electrical Wiring
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4.8
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Lighting and Ventilation
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4.9
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Plumbing
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4.10
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Toilet Rooms
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4.11
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Hand Washing Sinks
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4.12
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Janitorial Sinks
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4.13
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Instrument Sinks
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4.14
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Exposure Control Plan - requirement
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4.15
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Exposure Control Plan - Submission
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4.16
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telephone Access - Emergency Communication
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4.17
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Body Art Establishment - Other Activities - Restrictions
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4.18
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Body Art Establishment - Permit - Board Authorized to Issue
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4.19
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Body Art Establishment - Permit - Posting requirement
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4.20
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Mobile or Temporary Body Art Establishment - Prohibited
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4.21
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Health of Body Art establishment Employees
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4.1
Application - registration - Body Art Establishment Permit
A person seeking registration under this Body Art Regulation
to obtain a Body Art Establishment Permit shall submit a completed
application provided by the Board and shall pay the Town of Ashland
a fee per the fee schedule. A Body Art Establishment Permit shall
be valid for no more than one year. The Board may renew a Body Art
Establishment Permit under this Body Art Regulation and each applicant
for such renewal shall pay the Town of Ashland a renewal fee per the
fee schedule. All Body Art Establishment Permits shall expire on December
31st of the year of issuance.
4.2
Zoning Restriction
No Body Art facility or Body Art Establishment shall be located
in a Residential Zoning District unless approval for variance is granted
by the Zoning Board of Appeals for commercial use.
4.3
Plans
Every operator or applicant for a Body Art Establishment Permit
shall submit to the Board scaled plans and specifications of the proposed
facility wherein any Body Art activity is intended to be conducted
demonstrating the compliance of the facility with this Body Art Regulation.
The Board may require an on-sight inspection of the proposed facility
to determine and/or ensure compliance with the requirements of this
Body Art Regulation prior to the issuance by the Board of a Body Art
Establishment Permit pursuant to this Body Art Regulation.
4.4
Workstation
(a)
Every Workstation constructed prior to January 1, 2001 shall
have a minimum of 60 square feet. Every Workstation constructed after
January 1, 2001 shall have a minimum of 80 square feet.
(b)
Each Body Art Establishment shall have at least one Workstation.
(c)
The area within each Workstation shall be completely screened
from view from any person outside such Workstation.
(d)
A Workstation shall be used for no other purpose.
(e)
Each Workstation shall be separated from any other area of the
Body Art Facility, including other Workstations within such Body Art
Facility, by a wall or other solid barrier extending from the floor
to a minimum height of eight (8) feet.
(f)
A Workstation shall be maintained in a clean and sterile condition.
4.5
Separate Areas
(a)
Every Body Art Establishment shall have therein a Cleaning Area.
Every Cleaning Area shall have an area for the placement and use of
an Autoclave or other Sterilization Unit located or positioned so
as to be a minimum of thirty-six (36) inches from a required Ultrasonic
Cleaning Unit.
(b)
Every Body Art Establishment shall have therein an Instrument
Storage Area exclusive of the Cleaning Area. The Instrument Storage
Area shall be equipped with cabinets for the storage of Instruments
and Equipment. The required cabinets shall be located a sufficient
distance from the Cleaning Area so as to prevent Contamination of
the Instruments and Equipment stored therein.
(c)
Every Body Art Establishment shall have therein a Customer Waiting
Area exclusive of and separate from any Workstation, Instrument storage
Area, or Cleaning Area.
4.6
Walls - Floors - Ceilings
(a)
Every Workstation, Instrument Storage Area, Toilet Room, and
Cleaning Area shall be constructed and maintained as follows in order
to provide a durable, smooth, nonabsorbent and washable surface;
(1)
Floors - constructed of commercially rated continuous sheet
vinyl, smooth sealed cement, ceramic tile with sealed grout, or other
similar materials approved by the Board and shall be maintained in
good repair free of any holes or cracks;
(2)
Walls - covered with a semi-gloss or gloss enamel paint, or
constructed of fiberglass reinforced panel, ceramic tile with sealed
grout or other similar materials approved by the Board and shall be
maintained in good repair free of any holes or cracks;
(3)
Ceiling - covered with semi-gloss or gloss enamel paint, or
approved commercially rated panels or tiles and maintained in good
repair free of any holes, cracks, or falling matter.
(b)
All such floors, walls, and ceilings shall be light-colored.
For purposes of this Body Art Regulation, "light-colored" shall mean
a light reflectance value of seventy (70) percent or greater.
4.8
Lighting and Ventilation
(a)
Every Workstation shall be well ventilated and have a minimum
light service maintained at all times during the conducting of Body
Art Activities at an equivalent of not less than 20 foot candles as
measured 36 inches above the floor, except that a minimum of 100 foot
candles shall be provided on the area of the Client's body subject
to the conduct of Body Art, in any area where instruments or Sharps
are assembled, and all Cleaning Areas.
(b)
Every Workstation, Cleaning Area, and every area in a Body Art
Establishment where linens, Instruments, Sharps, or other Equipment
is exposed, Sanitized, or Sterilized shall be equipped exclusively
with readily cleanable light fixtures with light bulbs, lenses, or
globes of shatterproof material.
4.9
Plumbing
(a)
All plumbing and plumbing fixtures shall be installed in compliance
with local plumbing codes.
(b)
To the extent permitted by applicable federal, state, and local
laws and Regulations, all liquid wastes shall be discharged through
the plumbing system into the public sewerage system or into a Board-approved
private sewage disposal system.
(c)
An adequate pressurized potable water supply shall be provided
to every Body Art Establishment.
(d)
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 24B, as amended
from time to time.
4.10
Toilet Rooms
(a)
Every Body Art Establishment shall provide toilet rooms with
adequate lighting and ventilation to the outside for use by employees
and Clients, which shall be available to Clients during business hours.
(b)
The number and construction of toilet rooms shall be in accordance
with local building and plumbing codes.
(c)
Every water closet or toilet stall shall be enclosed and have
a well-fitting, self-closing door.
(d)
An adequate supply of toilet tissue shall be provided in a permanently
installed dispenser in each water closet or toilet stall.
(e)
Toilet rooms shall not be used for storage of Instruments or
other supplies used for Body Art activity.
(f)
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 Body Art Practitioner.
4.11
Handwashing Sinks
(a)
A Handwashing Sink shall be provided within or adjacent to any
toilet room and in each Workstation.
(b)
Every Hand Washing Sink shall be equipped with an adequate supply
of hot and cold water under pressure with fixtures to allow for washing
of hands, liquid hand cleanser, single-use sanitary towels in devices
for dispensing, and a waste container of washable construction.
(c)
A Hand Washing Sink shall not be used as a Janitorial Sink.
4.12
Janitorial Sink
At least one janitorial sink shall be provided in every Body
Art Establishment for use in cleaning the Body Art Establishment and
proper disposal of liquid wastes in accordance with all applicable
Federal, state and local laws. For purposes of this Body Art Regulation,
a janitorial sink means a sink of adequate size equipped with hot
and cold water under pressure so as to permit the cleaning of the
Body Art establishment and any equipment used for cleaning.
4.14
Exposure Control Plan - Requirement
Each Operator shall create, update as needed, and comply with
an Exposure Control Plan.
4.15
Exposure Control Plan - Submission
(a)
The Exposure Control Plan for a Body Art Establishment shall
be submitted by the Operator to the Board for review as to meet all
of the requirements of OSHA Regulations, to include, but not limited
to 29 Code of Federal Regulation 1910.1030 et seq., as amended from
time to time.
(b)
A copy of the Body Art Establishment's Exposure Control
Plan shall be maintained at the Body Art Establishment at all times
and shall be made available to the Board upon request.
4.16
Telephone Access - Emergency Communication
A Body Art Establishment shall be required to have a telephone
in good working order and easily accessible to all employees and Clients
during all hours of operation for the purpose of contacting police,
fire or emergency medical assistance or ambulance services in the
event of an emergency or perceived emergency. A legible sign shall
be posted at or adjacent to the telephone indicating the correct emergency
telephone numbers and the number for the Board.
4.17
Body Art Establishment - Other Activities - Restrictions No Operator
shall permit the use of a Body Art Establishment:
(a)
For the sale of food and/or beverages, whether to be consumed
at the Body Art Establishment or off-site;
(b)
As a barbershop or hair salon;
(c)
As a nail salon;
(d)
As a bar, with or without a license for the sale of alcoholic
beverages;
(e)
As a bowling alley;
(f)
For human habitation;
(g)
As a tanning salon;
(h)
As a massage parlor, or
(i)
For any other use, which, in the opinion of the Board, may cause
the contamination of instruments, Equipment, A Procedure Surface,
or Workstation.
4.18
Body Art Establishment - Permit - Board Authorized to Issue
If an applicant for a Body Art Establishment permit demonstrates
to the Board compliance with section 4 et seq. of this Body Art Regulation,
the Board is hereby authorized to issue a Body Art Establishment Permit
pursuant to the provisions of this Body Art Regulation.
4.19
Body Art Establishment - Permit - Posting Requirement
The Operator of a Body Art Establishment shall post in an area
of the Body Art Establishment accessible to the Board and Clients
the original of the Current Body Art Establishment Permit issued by
the Board.
4.20
Mobile or Temporary Body Art Establishment
No person shall establish or operate a Mobile or Temporary Body
Art Establishment within the town of Ashland.
4.21
Health of Body Art Establishment Employees
No person affected with boils, infected wounds, open sores,
abrasions, weeping dermatological lesions, or acute respiratory infection
shall work in any area of, or in any capacity in, a Body Art Establishment
which would create a likelihood that such a person could Contaminate
Equipment, Instruments, supplies, Procedure Surfaces, Workstations,
or otherwise compromise or could be reasonably be expected to compromise
the Sterility of the Body Art Establishment with body substances or
pathogenic organisms.
5.
Instruments and Equipment
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5.1
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Equipment and Furnishings
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5.2
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Sanitizing and Sterilization Units
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5.3
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Waste Receptacles
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5.4
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Linens
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5.5
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Rotary Pens
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5.6
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Ink - Dye - Pigment
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5.7
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Inserted Objects - Jewelry
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5.8
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Single Use Equipment and Instruments
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5.9
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Prohibited Instruments and Materials
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5.1
Equipment and Furnishings
The Procedure Surface and the surface of all furniture and counter
tops located in a Workstation, Instrument Storage Area, and Cleaning
Areas shall be made of materials that are, or shall be treated so
as to be, smooth, non-absorbent, non-porous, easily cleanable, and
able to withstand repeated cleaning and Disinfecting. Such surfaces
shall be maintained in a good condition free from holes and cracks.
5.2
Sanitizing and Sterilization Units
(a)
Every Body Art Establishment shall have, at a minimum, the following:
(1)
One or more Ultrasonic Cleaning Units sold for cleaning purposes
under approval of the U.S. Food and Drug Administration. Every Ultrasonic
Cleaning Unit shall be clearly labeled "Biohazardous" and shall be
installed or placed in the Cleaning Area at a minimum distance of
36 inches from the required Autoclave or other Sterilization Unit.
(2)
One or more Autoclaves or other Sterilization Unit sold for
medical Sterilization purposes under approval of the U.S. Food and
Drug Administration; and
(b)
Every Operator and Body Art Practitioner shall be knowledgeable
in the required washing, cleaning, and Sterilization procedures including
the proper operation of the Ultrasonic Cleaning Unit and Autoclave
or other Sterilization Unit.
5.3
Waste Receptacles
(a)
Every Workstation shall have a foot-operated, covered, cleanable,
waste receptacle for disposal of trash and other debris.
(b)
Every Workstation shall have an approved Sharps Container exclusively
used for the disposal of Contaminated Waste in accordance with applicable
state and local Regulations.
5.4
Linens
Every Body Art Establishment or Body Art Practitioner shall
maintain an adequate supply of reusable, launderable linens or single-use
linens, such as drapes, lap cloths and aprons, to be used in conducting
Body Art activities.
5.5
Rotary Pens
If used in Body Art activity, rotary pens, also known as cosmetic
machines, shall have detachable, disposable, sterile combo couplers
and shall have detachable, disposable casings, or casings designed
and manufactured to be easily cleaned and sterilized.
5.6
Ink - Dye - Pigment
(a)
All Inks, Dyes, and Pigments used to alter the color of skin
in the conduct of Body Art shall be specifically manufactured for
such purpose, approved, properly labeled as to its ingredients, manufacturer
and lot number in accordance with applicable United States Food and
Drug Administration ("FDA") requirements, and shall not be contaminated
or adulterated. The mixing of such Inks, Dyes, or Pigments or the
dilution of the same with potable sterile water is acceptable, unless
prohibited or not recommended by the manufacturer.
(b)
Inks, Dye, and Pigments prepared by or at the direction of a
Body Art Practitioner for use in Body Art activity shall be made exclusively
of non-toxic and non-contaminated ingredients approved by the Board
or the FDA.
5.7
Inserted Objects - Jewelry
(a)
Jewelry shall be sterilized, free from polishing compounds,
free from nicks, scratches, burrs, or irregular surface conditions.
(b)
Jewelry of 16-Gage girth or thicker shall not have raised external
threads or threading.
(c)
Jewelry shall be in good condition, designed and manufactured
for insertion into the intended body part of the Client.
(d)
The use of previously worn Jewelry or Jewelry brought into the
Body Art Establishment by the Client is prohibited.
(e)
Only Jewelry manufactured of surgical implant stainless steel
of American Society for Testing and Material Standards grade F138,
surgical implant solid 14K or 18K white or yellow gold, niobium, surgical
implant titanium of Ti6A4V ELI, American Society for Testing and Material
Standards F-136-98, platinum or other materials are considered by
the Board to be equally bio-compatible and capable of adequate cleaning
and Sterilization shall be inserted into a Client.
5.8
Single Use Equipment and Instruments
Equipment, Instruments, and supplies intended for single-use
shall not be used more than one time.
5.9
Prohibited Instruments and Materials
No Operator, Body Art Practitioner, or other person shall utilize
or have available in a Body Art Establishment any:
(1)
Instruments or materials, such as styptic pencils or devices,
alum, or any similar material, used to check the flow of blood;
(2)
Liquid sterilants for the attempted sterilization of any re-usable
Instrument or component;
(3)
Rotary pens that are designed or manufactured with a sponge
type material at the opening of the chamber for the purpose of prohibiting
the backflow of pigment and body fluid into the machine;
(4)
Multiple-use Instruments or components that are designed in
such a manner that restrict or prevent proper washing, cleaning, or
Sterilization;
(5)
Drugs, chemicals or agents that require a licensed medical practitioner's
authorization for use, application, or dispensation;
(6)
Suturing kits or other suturing devices, scalpels, cauterizing
tools or devices, or other tools, devices or instruments used for
or in conjunction with any Prohibited Body Art Activity, and not otherwise
properly used for any allowed Body Art activity;
(7)
Piercing needles or piercing tapers for the sale or use by one
not a Body Art practitioner; or
(8)
Needles used in the practice of "play piercing," so-called.
6.
General Requirements
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6.1
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Animals
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6.2
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Smoking, Eating and Drinking - Prohibited
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6.3
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Disease Transmission
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6.4
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Exposure Incident Report
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6.5
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Record Maintenance
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6.6
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Establishment Maintenance
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6.7
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Toilet Room and Plumbing Maintenance
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6.8
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Equipment and Instrument Maintenance
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6.9
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Contaminated Instruments
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6.10
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Instrument Storage
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6.11
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Use of Chemicals and Cleaners
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6.12
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Labeling
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6.13
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Linen Storage and Cleaning
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6.14
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Cleaning and Testing of Ultrasonic Cleaning Units and Sterilization
Units
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6.15
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Waste Hauling
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6.1
Animals
(a)
No Body Art Practitioner shall conduct any form of Body Art
upon an animal.
(b)
No animal, except one actually serving as any guide animal,
signal animal, or service animal accompanied by a totally or partially
blind person or deaf person or a person whose hearing is impaired
or handicapped person, shall be allowed in a Body Art Establishment,
6.2
Smoking, Eating and Drinking - Prohibited
No person shall smoke, or otherwise use any form of tobacco,
eat or drink at or in a Workstation, Instrument Storage Area or Cleaning
Area. Only in the case of medical need may be fluids consumed by a
Client.
6.3
Disease Transmission
Except as set forth in these Regulations, no Operator, Body
Art Practitioner, or other person shall commit or permit any act that
may expose any Client or person to disease or illness or otherwise
contaminate any instrument or area in a Body Art Establishment.
6.4
Exposure Incident Report
(a)
An Exposure Incident Report shall be completed by the close
of the business day during which an Exposure has or might have taken
place by the involved or knowledgeable Body Art Practitioner for every
Exposure incident occurring in the conduct of any Body Art activity.
(b)
Each Exposure Incident report shall contain:
(1)
A copy of the Application and Consent Form for Body Art activity
completed by any Client or Minor Client involved in the Exposure Incident;
(2)
A full description of the Exposure Incident, including the portion
of the body involved therein;
(3)
Instruments 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; and
(7)
Information regarding any recommendation to refer to a physician
or waiver to consult a physician by person(s) involved.
6.5
Record Maintenance
(a)
Every Operator shall have and retain at the Body Art Establishment
for inspection by the Board the following information for the time
period specified below; to be updated as needed to remain current:
(1)
Exposure Control Plan - one copy of the Exposure Control Plan
for the Body Art Establishment submitted to the Board;
(2)
Exposure Incident Reports - reports to be kept permanently;
(3)
Employee records [three years] - indicating name, home address,
home phone number, identification photograph, state identification
card number, physical description as detailed on state identification
card, date of birth, type(s) of Body Art procedures conducted, dates
of employment at the Body Art Establishment, Body Art Practitioner
registration number, Hepatitis B vaccination status or declination
notification;
(4)
Body Art Practitioner independent operator (non-employee of
the Body Art Establishment) records [three years] - indicating: name,
home address, phone number, state identification card number, physical
description as detailed on state identification card, date of birth,
type(s) of Body Art procedures conducted, dates operating at the Body
Art Establishment, Body Art Practitioner registration number, Hepatitis
B vaccination status or declination notification;
(5)
Client records [two years] - copies of all Application and Consent
forms for Body Art activity;
(6)
Waste hauler manifests for Contaminated Waste transport and
disposal [three years];
(7)
Training records [three years]- documentation to verify training
of Exposure Control Plan to all employees and Body Art Practitioner
independent operator(s) conducting Body Art activity at such establishment;
(8)
Commercial biological monitoring [spore] system test results
[three years[; and
(9)
Body Art Regulation - one copy of the most current version of
the Body Art Regulation and any State Regulations concerning the practice
of Body Art.
(b)
Every Operator shall have and retain at the Body Art Establishment
for inspection by the Board all Exposure Incident reports permanently.
The disposal or destruction of these reports is prohibited.
6.6
Establishment Maintenance
Every area of a Body Art Establishment shall be kept in good
repair, clean and free of all vermin and maintained to prevent Contamination
of Clients and other persons.
6.7
Toilet Room and Plumbing Maintenance
Every toilet room, all plumbing, and all plumbing fixtures shall
be kept clean, fully operative, and in good repair.
6.8
Equipment and Instrument Maintenance
(a)
All Instruments, Equipment, and Procedure Surfaces used for
Body Art activity, including, but not limited to, devices, containers,
cabinets, storage compartments, chairs, tables, counters, and dispensers
shall be maintained clean, fully operative, and in good repair and
free from Contamination.
(b)
All Instruments manufactured for performing any specific Body
Art activity shall be so designated, used and approved, and shall
not be modified, adulterated, Contaminated, or improperly used. Instruments
used for Body Piercing shall be constructed of stainless surgical-grade
steel, and designed and manufactured for such use.
6.9
Contaminated Instruments
(a)
Every Contaminated reusable Instrument or component thereof,
including, but not limited to, needles, needle bars, needle tubes,
needle caps, Body Piercing tubes, rotary pens, and coil machines,
shall be immersed in water or other approved liquid solution in the
cleaning Area until cleaned and Sterilized.
(b)
Prior to Sterilization, every such Instrument shall be thoroughly
washed by scrubbing with an appropriate Disinfectant and hot water
in accordance with manufacturer's instructions so as to remove
Contamination and foreign matter.
(c)
Upon completion of the washing process as set forth in subsection (b) above, every such Instrument shall be cleaned using an Ultrasonic Cleaning Unit in accordance with manufacturer's instructions.
(d)
Upon completion of the cleaning process as set forth in subsection (c) above, every such Instrument shall be packaged into procedure set-up packages with color change indicators designed to indicate complete Sterilization thereof, initials of the person responsible for Sterilizing the Instruments and date of such sterilization. Instruments may be packaged individually or with other Instruments to the extent permitted under the package manufacturer's instructions.
(e)
Upon completion of the packaging process as set forth in subsection (d) above, every such Instrument shall be properly Sterilized in an approved Autoclave or other Sterilization Unit according to manufacturer's instructions.
(f)
If a package becomes wet, is opened or is otherwise compromised
so as to allow the possible Contamination of the contents of the package,
any Instrument therein shall be deemed Contaminated and shall again
be washed, cleaned, packaged, and Sterilized as indicated above prior
to use.
(g)
Sterilized Instruments shall be stored in a dry, clean cabinet,
or tightly covered container. Cabinets and containers designated for
the storage of Sterilized Instruments shall be used for that purpose
exclusively.
(h)
Every Sterilized package shall be deemed expired six (6) months
after the date of Sterilization. Every Instrument therein shall be
washed, cleaned, packaged and Sterilized consistent with the provisions
of this section prior to use.
(i)
Liquid sterilants shall not be used for the Sterilization of
any reusable instrument.
6.10
Instrument Storage
All Instruments must be stored in the Instrument Storage Area
in a manner so as to prevent Contamination. Identical Instruments
shall be exclusively stored together, unless intermingled storage
with different Instruments does not represent a hazard as determined
by the Board.
6.11
Use of Chemicals and Cleaners
All Germicides, Disinfectants, chemicals, and cleansers must
be used according to the manufacturer's requirements, used only
for the purpose approved and intended by the manufacturer and properly
labeled and stored so as to prevent Contamination or hazard.
6.12
Labeling All storage containers, cabinets, shelves, and other storage
areas in the Instrument Storage Area shall be properly labeled as
to their contents, including, but not limited to, identification of
contaminated or soiled contents as appropriate.
6.13
Linen Storage and Cleaning
(a)
clean linen shall be stored in a manner so as to prevent Contamination.
Containers used for storage of such linen shall be clearly labeled
as to the contents and used for no other purpose. Linens that have
become soiled or contaminated shall be disposed of, or not be used,
until properly laundered. Contaminated linen shall be labeled, stored,
transported, and laundered or disposed of so as to prevent hazard
in a manner approved of by the Board.
(b)
Any other protective clothing, garment, or cloth items worn
during or used during Body Art activity and intended for reuse shall
be mechanically washed with detergent and dried after each use. The
items shall be stored in a clean, dry manner and protected from Contamination
until used. Should such items become Contaminated directly or indirectly
with bodily fluids, the items shall be washed in accordance with standards
applicable to hospitals and medical care facilities, at a temperature
of 160 degrees F or a temperature of 120 degrees F with the use of
chlorine Disinfectant.
6.14
Cleaning and Testing of Ultrasonic Cleaning Units and Sterilization
Units
(a)
Every ultrasonic Cleaning Unit and Autoclave or Sterilization
Unit shall be used and maintained according to manufacturer's
specifications. Each Ultrasonic Cleaning Unit, Autoclave, or other
Sterilization Unit shall be emptied and thoroughly cleaned and Disinfected
at least once each day that the unit is used.
(b)
Every Autoclave or Sterilization Unit shall be tested with a
commercial biological monitoring (spore) system test in a manner and
frequency consistent with the manufacturer's instructions, but
no less than once every week, to monitor the efficacy of the eradication
of all living organisms, including spores, by the Autoclave or other
Sterilization Unit.
(c)
Biological monitoring [spore] system testing of the Autoclave
or other Sterilization Unit shall be performed by an independent commercial
testing laboratory contracted by the Operator and/or Body Art Practitioner.
A provision shall be included in the contract between the Operator
and/or body Art Practitioner with the commercial testing laboratory
requiring the commercial testing facility to notify the Board of any
failure of the Autoclave or other Sterilization Unit to eradicate
all living organisms, including spores.
6.15
Waste Hauling
(a)
All regular waste shall be removed from the Body Art Establishment
on a daily basis and placed in an Approved secured receptacle for
pickup and removal.
(b)
All Contaminated Waste in solid form and Sharps shall be disposed
of through the use of an approved waste hauler in accordance with
all state and federal laws and Regulation. The frequency of disposal
of contaminated waste shall be no less than every 30 days.
7.
Conduct of Body Art
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7.1
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Workstation Sanitizing
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7.2
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Hand Washing and Use of Gloves
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7.3
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Instrument and Equipment Preparation
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7.4
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Use of Workstation
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7.5
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Use of Instruments, Supplies, and Sharps
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7.6
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Waste Disposal
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7.7
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Multiple Body Art Activities
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7.1
Workstation Sanitizing
(a)
All surfaces in a Workstation which come in contact with a Client
or which become Contaminated or which may reasonably have become Contaminated
shall be cleaned with water and soap or other appropriate cleaning
compound immediately following the conduct of Body Art upon a Client.
(b)
The Workstation, including, but not limited to, the Client's
chair, table, tray, procedure Surface, and similar surfaces shall
be thoroughly Sanitized with an approved Disinfectant immediately
before and immediately after the conduct of Body Art upon a Client
therein/thereon.
7.2
Hand Washing and Use of Gloves
(a)
A Body Art Practitioner shall clean his/her hands and forearms
thoroughly by washing with antibacterial soap and warm water and promptly
dry the same with single-use paper towels or like material prior to
conducting any Body Art activity.
(b)
A Body Art Practitioner shall wear new, clean, single-use examination
gloves while assembling all Instruments and other supplies intended
for use in the conduct of Body Art and during the conduct of body
Art upon a Client. New, clean, single-use non-latex examination gloves
shall be used during the preparation for and the conduct of and Body
Art activity upon a Client with a known or suspected latex allergy.
(c)
If an examination glove is pierced, torn, or contaminated through
contact with any part of a Client not subject to the conduct of Body
Art or such other surface so as to present the possibility of contamination,
any person other than the Client, or otherwise exposed to unsanitary
or non-sterile surface, both gloves must be promptly removed and discarded
into an appropriate waste receptacle. The Body Art Practitioner shall
don new gloves before proceeding with the Body Art activity.
(d)
If the gloves of a Body Art Practitioner are removed at any
time during assembly of instruments or supplies, or the conduct of
Body Art, the Body Art Practitioner must clean his/her hands and don
new gloves in accordance with this section.
(e)
The use of single-use examination gloves does not preclude or
substitute for the above hand washing requirement.
7.3
Instrument and Equipment Preparation
(a)
Every Body Art Practitioner shall use linens, properly cleaned
in accordance with these Regulations, or new single-use drapes, ap
cloths, and aprons for each element of Body Art conducted upon a Client.
(b)
Every substance used in the conduct of Body Art shall be dispensed
from containers so as to prevent Contamination or the possibility
of contaminations of the unused portion. Immediately before tattooing
a Client, a sufficient quantity of the ink, dye, or pigment to be
used therefor shall be transferred from its original bottle or container
into sterile, single-use disposable cups, caps, or containers.
(c)
Upon Sanitization of the Workstation, the Instrument tray shall
be covered with an uncontaminated single-use paper towel, tray cover,
or similar material.
(d)
Every Instrument required for the conduct of Body Art upon a
Client shall be placed and arranged on the Instrument Tray in a manner
so as to prevent Contamination of Sterilized Instruments. All Sterilized
Instruments shall remain in Sterile packages until opened in front
of the Client.
(e)
Sharps containers shall be easily accessible to the Body Art
Practitioner and located as close as is feasible to the immediate
area where the Sharps will be used.
7.4
Use of Workstation
(a)
The conduct of Body Art shall occur only upon a Client or Minor
Client in a Workstation under Sterile conditions.
(b)
Only the Client, the parent or legal guardian of a Minor Client,
guide or service animal of a Client, the Body Art Practitioner conducting
the Body Art activity, and an assistant or apprentice to the Body
Art Practitioner - with the express permission of the Client, shall
be permitted in the Workstation during the conduct of Body Art.
7.5
Use of Instruments, Supplies, and Sharps
(a)
All Instruments used in the conduct of Body Art shall be without
Contamination, and shall be properly cleaned, sanitized, and sterilized
in accordance with this Body Art Regulation.
(b)
All Instruments and other Equipment or supplies used in the
conduct of Body Art that are designed or intended for single-use shall
be only used once.
(c)
All Sharps shall be properly disposed of immediately following
use.
(d)
All product applied to the skin, including Body Art stencils,
shall be single-use and shall be used only once.
(e)
Products used in the application of Body Art stencils shall
be dispensed and applied to the area of the Client upon which the
Body Art activity is to be performed with sterile gauze or other Sterile
applicator so as to prevent contamination of the container and contents
of the product in use. The gauze or other applicator shall be used
only once.
(f)
Only single-use disposable razors shall be used in the conduct
of Body Art activities and such single-use disposable razors shall
not be used more than one time.
7.6
Waste Disposal
Disposable items such as gloves, wipes, cotton balls, Q-tips,
water cups, rinse cups (used alone or in an ultrasonic cleaning unit),
drapes, lap cloths, aprons, and other single-use items that have come
in contact with any person, Client, Workstation, Instrument trays,
counters, towels, or linens used for the conduct of Body Art, or have
otherwise become Contaminated shall be promptly discarded during or
upon completion of the conduct of Body Art into an appropriate waste
receptacle in accordance with this Body Art Regulation.
7.7
Multiple Body Art Activities
The following shall be deemed to be multiple Body Art activities
upon a Client, each requiring proper washing, cleaning, Sanitization,
and Sterilization of instruments, Workstations and other Equipment
and areas set forth under these Regulations:
8.
Prohibited Activities
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8.1
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Piercing Gun - Use
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8.2
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Particular Body Piercings - Prohibition/Restriction
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8.3
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Tongue Splitting
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8.4
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Braiding
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8.5
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Three Dimensional/Implantation/Beading
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8.6
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Tooth Filing
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8.7
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Cartilage Notching
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8.8
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Amputation
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8.19
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Genital Modification
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8.10
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Introduction of Saline or Other Liquids
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8.1
Piercing Gun - Use
The use of a Piercing Gun is prohibited at all times.
8.2
Particular Body Piercings - Prohibition/Restriction
The following Body Piercings are hereby prohibited:
(1)
Piercing of the Uvula
(2)
Piercing of the tracheal area
(3)
Piercing of the neck
(4)
Piercing of the ankle
(5)
Piercing between the ribs or vertebrae
(6)
Piercing of the web area of the hand or foot
(7)
Piercing of the lingual frenum (tongue web)
(8)
Piercing of the clitoris
(9)
Any form of chest or deep muscle piercings - excluding piercing
of the nipple
(10)
Piercing of the anus
(11)
Piercing of the eyelid, whether top or bottom
(12)
The form of piercing known as "pocketing"
(13)
Piercing of the gums
(14)
Piercing or skewering of a testicle
(15)
So-called "deep" piercing of the penis - meaning piercing through
the shaft of the penis, or "trans-penis" piercing in any area from
the corona glandis to the pubic bone.
(16)
So-called "deep" piercing of the scrotum - meaning piercing
through the scrotum, or "trans-scrotal" piercing
(17)
So-called "deep" piercing of the vagina - to include, but not
limited to - so-called "triangles"
8.3
Tongue Splitting
The cutting, splitting, or other bifurcation of the tongue is
hereby prohibited unless performed by a medical doctor licensed by
the Commonwealth of Massachusetts.
8.4
Braiding
The Braiding of the skin is hereby prohibited unless performed
by a medical doctor licensed by the Commonwealth of Massachusetts.
8.5
Three Dimensional/Implantation/Beading
Three-Dimensional Body Art, including "beading", and implantation
is hereby prohibited unless performed by a medical doctor licensed
by the Commonwealth of Massachusetts.
8.6
Tooth Filing
The filing or shaping or the intentional fracturing or extrication
of a tooth is hereby prohibited unless performed by a dentist licensed
by the Commonwealth of Massachusetts.
8.7
Cartilage Notching
The cutting, notching, sculpting, or other modification of cartilage
is hereby prohibited unless performed by a medical doctor licensed
by the Commonwealth of Massachusetts.
8.8
Amputation
The intentional amputation of any part of the body is hereby
prohibited unless performed by a doctor licensed in the Commonwealth
of Massachusetts.
8.9
Genital Modification
Modification of the genitalia by means of sub-incision, bifurcation,
castration, male or female nullification or other surgical means is
hereby prohibited unless performed by a medical doctor licensed in
the Commonwealth of Massachusetts.
8.10
Introduction of Saline or Other Liquids
The introduction of saline solution or other liquid or semi-liquid
into the body of another for the purpose of causing a modification
of the body is hereby prohibited unless performed by a medical doctor
licensed by the Commonwealth of Massachusetts.
9.
Enforcement of Body Art Regulation
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9.1
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Variance Provision
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9.2
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Variance Request - Procedure
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9.3
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Variance - Qualification, Expiration, Revocation, Modification,
Suspension
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9.4
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Violation by a Body art Practitioner
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9.5
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Violation by an Operator or a Body Art Establishment
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9.6
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Failure to Comply with Orders of Board
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9.7
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Fine for Violation - Separate Offense
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9.8
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Non-Criminal Disposition
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9.1
Variance Provision
Variance may be granted from a particular section or provision
of this Body Art Regulation by the Board with respect to a particular
case only when, in the sole opinion of the Board:
(a)
The enforcement of the subject section or provision would do
manifest injustice, and
(b)
The applicant for a Body Art Practitioner License or Body Art
Establishment Permit, as the case may be, has proved to the satisfaction
of the Board that the same degree of protection required under this
Body Art Regulation can be achieved without the strict application
or enforcement of the subject section or provision therein.
9.2
Variance Request - Procedure
(a)
Every request for a variance pursuant to section 9.1 of this Body Art Regulation shall be made in writing to the Board and shall state the specific section or provision therein from which a variance is sought.
(b)
Every variance granted by the Board shall be in writing.
(c)
The original of the variance document shall be posted, in the
case of a variance relating to a Body Art Practitioner License, with
the posting of the Body Art Practitioner License as required by section
1.10 of this Body Art Regulation, and in the case of a variance relating
to a Body Art Establishment Permit, with the posting of the Body Art
Establishment Permit as required by section 4.19 of this Body Art
Regulation.
(d)
A copy or duplicate original of all variance documents issued
by the Board shall be held on file in the Ashland Health Department
(Offices of the Board).
(e)
A variance document issued by the Board shall contain information
so as to reasonably inform the public of the nature of the variance,
the need therefore, the specific section or provision therein of this
Body Art Regulation from which variance was granted and the name of
the subject Body Art Practitioner or Body Art Establishment.
(f)
Information advising as to whether the subject variance is unlimited
in time or duration or has a fixed expiration date shall be detailed
in all variance documents issued by the Board.
9.3
Variance - Qualification, Expiration, Revocation, Modification, Suspension
Any variance granted by the Board pursuant to section 9.1 of this Body Art Regulation may be subject to such qualification, expiration, revocation, modification, or suspension as the Board shall deem appropriate.
9.4
Violation by a Body Art Practitioner
(a)
A Body Art Practitioner License shall be suspended by the Board
immediately upon written notice of such suspension to the subject
Body Art Practitioner when, in the sole discretion of the board, the
Board has reason to believe that, due to a condition or practice of
the subject Body Art Practitioner, an imminent threat to the public
health and/or welfare exists.
(b)
When the condition or practice believed to cause such threat
to the public health and/or welfare is abated or corrected to the
satisfaction of the Board, the Board may terminate the suspension
of the Body Art Practitioner License of the subject Body Art Practitioner
and the Body Art Practitioner License of such Body Art Practitioner
shall remain in full force and effect until the expiration of the
same or until the subsequent suspension, termination, revocation,
or modification by the Board.
(c)
In all other instances of a violation of this Body Art Regulation
by a Body Art Practitioner, the Board shall serve upon the subject
Body Art Practitioner written order of notice detailing the condition,
event or practice determined by the Board to be in violation of this
Body Art Regulation and such written order of notice shall instruct
the Body Art Practitioner that he or she shall have five (5) business
days to abate or correct such condition, event or practice to the
satisfaction of the Board or its designated agent(s).
(d)
Should a Body Art Practitioner, subject to an order of notice
pursuant to section 9.4(c) fail to so abate or correct the condition,
event or practice which is the subject of an order of notice, or to
otherwise comply with an order of notice, the Board may suspend, terminate,
revoke, or modify the License held by such Body Art Practitioner.
9.5
Violation by an Operator or a Body Art Establishment
(a)
A Body Art Establishment Permit shall be suspended by the Board
immediately upon written notice of such suspension to the Operator
when, in the sole discretion of the board, the Board has reason to
believe that, due to a condition or practice of the subject Body Art
Establishment, an imminent threat to the public health and/or welfare
exists.
(b)
When the condition or practice believed to cause such threat
to the public health and/or welfare is abated or corrected to the
satisfaction of the Board, the Board may terminate the suspension
of the Body Art Establishment Permit of the subject Operator and the
Body Art Establishment Permit of such Operator shall remain in full
force and effect until the expiration of the same or until the subsequent
suspension, termination, revocation, or modification by the Board.
(c)
In all other instances of a violation of this Body Art Regulation
by an Operator, or in a Body Art Establishment, the Board shall serve
upon the subject Operator written order of notice detailing the condition,
event or practice determined by the Board to be in violation of this
Body Art Regulation and such written order of notice shall instruct
the Operator that he or she shall have five (5) business days to abate
or correct such condition, event or practice to the satisfaction of
the Board or its designated agent(s).
(d)
Should an Operator, subject to an order of notice pursuant to
section 9.5(c) fail to so abate or correct the condition, event or
practice which is the subject of an order of notice, or to otherwise
comply with an order of notice, the Board may suspend, terminate,
revoke, or modify the Body Art Establishment Permit held by such Operator.
9.6
Failure to Comply with Orders of Board
Whenever a Body Art Practitioner or Operator has failed, to
the satisfaction of the Board, to comply with an order of notice issued
by the Board pursuant to the provisions of this Body Art Regulation,
the Board may suspend the Body Art Practitioner License of the subject
Body Art Practitioner or the Body Art Establishment Permit of the
subject Operator until such time as the subject Body Art Practitioner
or Operator has complied with the order of notice to the satisfaction
of the Board.
9.7
Fine for Violation - Separate Offense
The fine for a violation of any provision of this Body Art Regulation
shall be no less than $100 per offense. Each day that a violation
continues shall be deemed to be a separate offense.
9.8
Non-Criminal Disposition
In accordance with Massachusetts General Law chapter 40, section 21D, and Section 29-4 (F) of the Town of Ashland General By-Laws, as amended from time to time, at the discretion of the Board, whoever violates any provision of this Body Art Regulation, may be penalized by a non-criminal disposition as provided in Massachusetts General Laws Chapter 40 section 21D.
9.9
Effective Date
This Regulation shall become effective on: May 10, 2023.
