As used in this chapter, the following terms shall have the meanings indicated:
AFTERCAREWritten 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.
APPLICANTAny person who applies to the Board of Health for either a body art establishment permit or practitioner permit.
BOARD OF HEALTH or BOARDThe Board of Health that has jurisdiction in the community in which a body art establishment is located, including the board or officer having like powers and duties in towns where there is no Board of Health.
BODY ARTThe 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.
BODY ART ESTABLISHMENT or ESTABLISHMENTA 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.
BODY ART PRACTITIONER or PRACTITIONERA 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.
BRAIDINGThe 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.
BRANDINGInducing 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.
CLEANING AREAThe 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.
CLIENTA member of the public who requests a body art procedure at a body art establishment.
CONTAMINATED WASTEWaste as defined in 105 CMR
480.000, Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII and/or 29 CFR Part
1910.1030. This includes any liquid or semi-liquid blood or other potentially infectious material; contaminated items that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed; items on which there is dried blood or other potentially infectious material and which are capable of releasing these materials during handling; sharps and any wastes containing blood or other potentially infectious materials.
Also known as permanent cosmetics, micropigment implantation or dermal pigmentation; means the implantation of permanent pigment around the eyes, lips and cheeks of the face and hair imitation.
DISINFECTANTA product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA).
DISINFECTIONThe destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.
EQUIPMENTAll 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.
EXPOSUREAn event whereby there is an eye, mouth or other mucus 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.
HAND SINKA lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms, or other portions of the body.
HOT WATERWater that attains and maintains a temperature 110° F. to 130° F.
INSTRUMENTS USED FOR BODY ARTHand pieces, needles, needle bars, and other instruments that may come in contact with a client's body or may be exposed to bodily fluids during any body art procedure.
INVASIVEEntry 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.
JEWELRYAny ornament inserted into a newly pierced area, which must be made of surgical implant-grade stainless steel; solid 14k or 18k white or yellow gold, niobium, titanium or platinum; or a dense, low-porosity plastic, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.
MINORAny person under the age of 18 years.
MOBILE BODY ART ESTABLISHMENTAny trailer, truck, car, van, camper or other motorized or nonmotorized vehicle, a shed, tent, movable structure, bar, home or other facility wherein or concert, fair, party or other event whereat one desires to or actually does conduct body art procedures.
OPERATORAny person who individually, or jointly or severally with others, owns or controls an establishment, but is not a body art practitioner.
PERMITBoard approval in writing to either operate 1) a body art establishment or 2) as a body art practitioner within a body art establishment. Board approval shall be granted solely for the practice of body art pursuant to these regulations. Said permit is exclusive of the establishment's compliance with other licensing or permitting requirements that may exist within the Board's jurisdiction.
PERSONAn individual, any form of business or social organization or any other nongovernmental legal entity, including but not limited to corporations, partnerships, limited-liability companies, associations, trusts or unincorporated organizations.
PHYSICIANAn individual licensed as a qualified physician by the Board of Registration in Medicine pursuant to MGL c. 112, §
2.
Any surface of an inanimate object that contacts the client's unclothed body during a body art procedure, skin preparation of the area adjacent to and including the body art procedure, or any associated work area which may require sanitizing.
SANITARYClean and free of agents of infection or disease.
SANITIZEThe application of a U.S. EPA-registered sanitizer on a cleaned surface in accordance with the label instructions.
SCARIFICATIONAltering 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."
SHARPSAny 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.
SHARPS CONTAINERA puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.
SINGLE-USE ITEMSProducts or items that are intended for one-time, one-person use and are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups, and protective gloves.
STERILIZEThe use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores.
TATTOOThe indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.
TATTOOINGAny method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing.
THREE DIMENSIONAL "3D" BODY ART OR BEADING OR IMPLANTATIONThe 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.
UNIVERSAL PRECAUTIONSA set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC), as "Guidelines for Prevention of Transmission of Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) to Health-Care and Public-Safety Workers" in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38 No. S-6, and as "Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures in MMWR, July 12, 1991, Vol. 40. No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV, and other blood pathogens. Precautions include hand washing; gloving; personal protective equipment; injury prevention; and proper handling and disposal of needles, other sharp instruments, and blood and body-fluid-contaminated products.