[HISTORY: Adopted by the Board of Health of the Town of Groton 4-23-2001.
Amendments noted where applicable.]
Whereas body art is becoming prevalent and popular throughout the commonwealth;
and whereas knowledge and practice of universal precautions, sanitation, personal
hygiene, sterilization and aftercare requirements on the part of the practitioner
should be demonstrated to prevent the transmission of disease or injury to
the client and/or practitioner; now, therefore, the Board of Health of the
Town of Groton passes these rules and regulations for the practice of body
art in the Town of Groton as part of its mission to protect the health, safety
and welfare of the public.
These regulations are promulgated under the authority granted to the
Board of Health under MGL C. 111, § 31.
As used in this chapter, the following terms shall have the meanings
indicated:
Written instructions given to the client, specific to the body art
procedure(s) rendered, about caring for the body art and surrounding area,
including information about when to seek medical treatment, if necessary.
Any person who applies to the Board of Health for either a body art
establishment permit or practitioner permit.
An apparatus for sterilization utilizing steam pressure at a specific
temperature over a period of time.
A process which results in the destruction of all forms of microbial
life, including highly resistant spores, by the use of an autoclave for a
minimum of 30 minutes at 20 pounds of pressure (PSI) at a temperature of 270°
F.
OSH guidelines contained in 29 CFR 1910.1030, entitled "Occupational
Exposure to Bloodborne Pathogens."
The Board of Health that has jurisdiction in the community in which
a body art establishment is located, including the board or officer having
like powers and duties in towns where there is no Board of Health.
The practice of physical body adornment by permitted establishments
and practitioners using, but not limited to, the following techniques: body
piercing, tattooing, cosmetic tattooing, branding, and scarification. This
definition does not include practices that are considered medical procedures
by the Board of Registration in Medicine, such as implants under the skin,
which procedures are prohibited.
A specifically identified individual who has been granted a permit
by the Board, whether public or private, where the practices of body art are
performed, whether or not for profit.
A specifically identified individual who has been granted a permit
by the Board to perform body art in an establishment that has been granted
a permit by the Board.
Puncturing or penetrating the skin of a client with presterilized
single-use needles and the insertion of pre-sterilized jewelry or other adornment
into the opening. This definition excludes piercing of the earlobe with a
pre-sterilized single-use stud-and-clasp system manufactured exclusively for
ear-piercing.
The cutting of strips of skin of a person, which strips are then
to be intertwined with one another and placed onto such person so as to cause
or allow the incised and interwoven strips of skin to heal in such intertwined
condition.
Inducing a pattern of scar tissue by use of a heated material (usually
metal) to the skin, making a serious burn, which eventually becomes a scar.
The area in a body art establishment used in the sterilization, sanitarian
or other cleaning of instruments or other equipment used for the practice
of body art.
A member of the public who requests a body art procedure at a body
art establishment.
Waste as defined in 105 CMR 480.000, Storage and Disposal of Infectious
or Physically Dangerous Medical or Biological Waste, State Sanitary Code,
Chapter VIII, and/or 29 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"; the implantation of permanent pigment around the
eyes, lips and cheeks of the face and hair imitation.
The destruction of disease-causing microorganisms on inanimate objects
or surfaces, thereby rendering these objects safe for use or handling.
The puncturing of the lobe of the ear with a pre-sterilized single-use
stud-and-clasp ear-piercing system following the manufacturer's instructions.
All machinery, including fixtures, containers, vessels, tools, devices,
implements, furniture, display and storage areas, sinks, and all other apparatus
and appurtenances used in connection with the operation of a body art establishment.
An event whereby there is an eye, mouth or other mucus membrane,
non-intact skin or 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.
A lavatory equipped with hot and cold running water under pressure,
used solely for washing hands, arms, or other portions of the body.
Water that attains and maintains a temperature of 100° to 130°
F.
Hand pieces, needles, needle bars, and other instruments that may
come in contact with a client's body or may be exposed to bodily fluids during
any body art procedures.
Entry into the client's body either by incision or insertion of any
instruments into or through the skin or mucosa, or by any other means intended
to puncture, break, or otherwise compromise the skin or mucosa.
Any ornament inserted into a newly pierced area, which must be made
of surgical implant-grade stainless steel; solid 14k or 18k white or yellow
gold, niobium, titanium, or platinum, or a dense, low-porosity plastic, which
is free of nicks, scratches, or irregular surfaces and has been properly sterilized
prior to use.
A light reflectance value of 70% or greater.
Any person under the age of 18 years.
Any trailer, truck, car, van, camper or other motorized or nonmotorized
vehicle, a shed, tent, movable structure, bar, home or other facility wherein,
or concert, fair, party or other event whereat one desires to or actually
does conduct body art procedures.
Any person who individually, or jointly or severally with others,
owns, or controls an establishment, but is not a body art practitioner.
Board approval in writing to either (1) operate a body art establishment
or (2) operate as a body art practitioner within a body art establishment.
Board approval shall be granted solely for the practice of body art pursuant
to these regulations. Said permit is exclusive of the establishment's compliance
with other licensing or permitting requirements that may exist within the
Board's jurisdiction.
An individual, any form of business or social organization or any
other nongovernmental legal entity, including but not limited to corporations,
partnerships, limited-liability companies, associations, trusts or unincorporated
organizations.
An individual licensed as a qualified physician by the Board of Registration
in Medicine pursuant to MGL C. 112, § 2.
Any surface of an inanimate object that contacts the client's unclothed
body during a body art procedure, skin preparation of the area adjacent to
and including the body art procedure, or any associated work area which may
require sanitizing.
Clean and free of agents of infection or disease.
The application of a USEPA-registered sanitizer on a cleaned surface
in accordance with the label instructions.
Altering skin texture by cutting the skin and controlling the body's
healing process in order to produce wounds, which result in permanently raised
wheals or bumps known as "keloids."
Any object, sterile or contaminated, that may intentionally or accidentally
cut or penetrate the skin or mucosa, including, but not limited to, needle
devices, lancets, scalpel blades, razor blades, and broken glass.
A puncture-resistant, leak-proof container that can be closed for
handling, storage, transportation, and disposal and that is labeled with the
International Biohazard Symbol.
Products or items that are intended for one-time, one-person use
and are disposed of after use on each client, including, but not limited to,
cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze
and sanitary coverings, razors, piercing needles, scalpel blades, stencils,
ink cups, and protective gloves.
The use of a physical or chemical procedure to destroy all microbial
life, including highly resistant bacterial endospores.
The indelible mark, figure or decorative design introduced by insertion
of dyes or pigments into or under the subcutaneous portion of the skin.
Any method of placing ink or other pigment into or under the skin
or mucosa by the aid of needles or any other instrument used to puncture the
skin, resulting in permanent coloration of the skin or mucosa. This term includes
all forms of cosmetic tattooing.
The same as "mobile body art establishment."
The form of body art consisting of or requiring the placement, injection
or insertion of an object, device or other thing made of matters such as steel,
titanium, rubber, latex, plastic, glass or other inert materials, beneath
the surface of the skin of a person. This term does not include body piercing.
A unit approved by the Board, physically large enough to fully submerge
instruments in liquid, which removes all foreign matter from the instruments
by means of high-frequency oscillations transmitted through the contained
liquid.
A set of guidelines and 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.
A.
Physicians licensed in accordance with MGL C. 112,
§ 2, who perform body art procedures as part of patient treatment
are exempt from these regulations.
B.
Individuals who pierce only the lobe of the ear with
a pre-sterilized single-use stud-and-clasp ear-piercing system are exempt
from these regulations.
A.
No tattooing, piercing of genitalia, branding or scarification
shall be performed on a person under the age of 18.
B.
Body piercing, other than piercing the genitalia, may
be performed on a person under the age of 18, provided that the person is
accompanied by a properly identified parent, legal custodial parent or legal
guardian who has signed a form consenting to such procedure. "Properly identified"
shall mean a valid photo identification of the adult and a birth certificate
of the minor.
C.
No body art shall be performed upon an animal.
D.
The following body piercings are hereby prohibited: piercing
of the uvula; piercing of the tracheal area; piercing of the neck; piercing
of the ankle; piercing between the ribs or vertebrae; piercing of the web
area of the hand or foot; piercing of the lingual frenulum (tongue web); piercing
of the clitoris; any form of chest or deep muscle piercings, excluding the
nipple; piercing of the anus; piercing of an eyelid; whether top or bottom;
piercing of the gums; piercing or skewering of a testicle; so called "deep"
piercing of the penis, meaning piercing through the shaft of the penis, or
"transpenis" piercing in any area from the corona glandis to the public bone;
so called "deep" piercing of the scotum, meaning piercing through the scotum,
or "transcrotal" piercing; so called "deep" piercing of the vagina.
E.
The following practices are hereby prohibited unless
performed by a medical doctor licensed by the Commonwealth of Massachusetts:
tongue splitting; braiding; three-dimensional/beading/implementation tooth
filing/fracturing/removal/tatooing; cartilage modification; amputation; genital
modification; introduction of saline or other liquids.
Unless otherwise ordered or approved by the Board, each body art establishment
shall be constructed, operated and maintained to meet the following minimum
requirements:
A.
Physical plant.
(1)
Walls, floors, ceilings, and procedure surfaces shall
be smooth, durable, free of open holes or cracks, light-colored, washable,
and in good repair. Walls, floors, and ceilings shall be maintained in a clean
condition. All procedure surfaces, including client chairs/benches, shall
be of such construction as to be easily cleaned and sanitized after each client.
(2)
Solid partitions or walls extending from floor to ceiling
shall separate the establishment's space from any other room used for human
habitation, any food establishment or room where food is prepared, any hair
salon, any retail sales, or any other such activity that may cause potential
contamination of work surfaces.
(3)
The establishment shall take all measures necessary to
ensure against the presence or breeding of insects, vermin, and rodents within
the establishment.
(4)
Each operator area shall have a minimum of 45 square
feet of floor space for each practitioner. Each establishment shall have an
area that may be screened from public view for clients requesting privacy.
Multiple body art stations shall be separated by dividers or partitions at
a minimum.
(5)
The establishment shall be well ventilated and provided
with an artificial light source equivalent to at least 20 footcandles three
feet off the floor, except that at least 100 footcandles shall be provided
at the level where the body art procedure is being performed, and where instruments
and sharps are assembled and all cleaning areas.
(6)
All electrical outlets in operator areas and cleaning
areas shall be equipped with approved ground fault (GFCI) protected receptacles.
(7)
A separate, readily accessible hand sink with hot and
cold running water under pressure, preferably equipped with wrist- or foot-operated
controls and supplied with liquid soap, and disposable paper towels stored
in fixed dispensers shall be readily accessible within the establishment.
Each operator area shall have a hand sink.
(8)
There shall be a sharps container in each operator area
and each cleaning area.
(9)
There shall be a minimum of one toilet room containing
a toilet and sink. The toilet room shall be provided with toilet paper, liquid
hand soap and paper towels stored in a fixed dispenser. A body art establishment
permanently located within a retail shopping center, or similar setting housing
multiple operations within one enclosed structure having shared entrance and
exit points, shall not be required to provide a separate toilet room within
such body art establishment if Board-approved toilet facilities are located
in the retail shopping center within 300 feet of the body art establishment
so as to be readily accessible to any client or practitioner.
(10)
The public water supply entering a body art establishment
shall be protected by a testable, reduced pressure back flow preventor installed
in accordance with 142 CMR 248, as amended from time to time.
(11)
At least one covered, foot-operated waste receptacle
shall be provided in each operator area and each toilet room. Receptacles
in the operator area shall be emptied daily. Solid waste shall be stored in
covered, leak-proof, rodent-resistant containers and shall be removed from
the premises at least weekly.
(12)
At least one janitorial sink shall be provided in each
body art establishment for use in cleaning the establishment and proper disposal
of noncontaminated liquid wastes in accordance with all applicable federal,
state and local laws. Said sink shall be of adequate size equipped with hot
and cold running water under pressure and permit the cleaning of the establishment
and any equipment used for cleaning.
(13)
All instruments and supplies shall be stored in clean,
dry, and covered containers. Containers shall be kept in a secure area specifically
dedicated to the storage of all instruments and supplies.
(14)
The establishment shall have a cleaning area. Every cleaning
area shall have an area for the placement of an autoclave or other sterilization
unit located or positioned a minimum of 36 inches from the required ultrasonic
cleaning unit.
(15)
The establishment shall have a customer waiting area,
exclusive and separate from any workstation, instrument storage area, cleaning
area or any other area in the body art establishment used for body art activity.
(16)
No animals of any kind shall be allowed in a body art
establishment except service animals used by persons with disabilities (e.g.,
Seeing Eye dogs). Fish aquariums shall be allowed in waiting rooms and nonprocedural
areas.
(17)
Smoking, eating, or drinking is prohibited in the area
where body art is performed, with the exception of nonalcoholic fluids being
offered to a client during or after a body art procedure.
B.
Requirements for single-use items, including inks, dyes
and pigments.
(1)
Single-use items shall not be used on more than one client
for any reason. After use, all single-use sharps shall be immediately disposed
of in approved sharps containers pursuant to 105 CMR 480.00.
(2)
All products applied to the skin, such as but not limited
to body art stencils, applicators, gauze and razors, shall be single-use and
disposable.
(3)
Hollow-bore needles or needles with cannula shall not
be reused.
(4)
All inks, dyes, pigments, solid-core needles, and equipment
shall be specifically manufactured for performing body art procedures and
shall be used according to manufacturer's instructions.
(5)
Inks, dyes or pigments may be mixed and may only be diluted
with water from an approved potable source. Immediately before a tattoo is
applied, the quantity of the dye to be used shall be transferred from the
dye bottle and placed into single-use paper cups or plastic cups. Upon completion
of the tattoo, these single-use cups or caps and their contents shall be discarded.
C.
Sanitation and sterilization measures and procedures.
(1)
All nondisposable instruments used for body art, including
all reusable solid-core needles, pins and stylets, shall be cleaned thoroughly
after each use by scrubbing with an appropriate soap or disinfectant solution
and hot water (to remove blood and tissue residue), and shall be placed in
an ultrasonic unit sold for cleaning purposes under approval of the U.S. Food
and Drug Administration and operated in accordance with manufacturer's instructions.
(2)
After being cleaned, all nondisposable instruments used
for body art shall be packed individually in sterilizer packs and subsequently
sterilized in a stream autoclave sold for medical sterilization purposes under
approval of the U.S. Food and Drug Administration. All sterilizer packs shall
contain either a sterilizer indicator or internal temperature indicator. Sterilizer
packs must be dated with an expiration date not to exceed six months.
(3)
The autoclave shall be used, cleaned, and maintained
according to manufacturer's instruction. A copy of the manufacturer's recommended
procedures for the operation of the autoclave must be available for inspection
by the Board. Autoclaves shall be located away from workstations or areas
frequented by the public.
(4)
Each holder of a permit to operate a body art establishment
shall demonstrate that the autoclave used is capable of attaining sterilization
by monthly spore destruction tests. These tests shall be verified through
an independent laboratory. The permit shall not be issued or renewed until
documentation of the autoclave's ability to destroy spores is received by
the Board. These test records shall be retained by the operator for a period
of three years and made available to the Board upon request.
(5)
All instruments used for body art procedures shall remain
stored in sterile packages until just prior to the performance of a body art
procedure. After sterilization, the instruments used in body art procedures
shall be stored in a dry, clean cabinet or other tightly covered containers
reserved for the storage of such instruments.
(6)
Sterile instruments may not be used if the package has
been breached or after the expiration date without first repackaging and resterilizing.
(7)
If the body art establishment uses only single-use, disposable
instruments and products, and uses sterile supplies, an autoclave shall not
be required.
(8)
When assembling instruments used for body art procedures,
the operator shall wear disposable medical gloves and use medically recognized
sterile techniques to ensure that the instruments and gloves are not contaminated.
(9)
Reusable cloth items shall be mechanically washed with
detergent and mechanically dried after each use. The cloth items shall be
stored in a dry, clean environment until used. Should such items become contaminated
directly or indirectly with bodily fluids, the items shall be washed in accordance
with standards applicable to hospitals and medical care facilities, at a temperature
of 160° F. or a temperature of 120° F. with the use of chlorine disinfectant.
D.
Posting requirements. The following shall be prominently
displayed:
(1)
A disclosure statement, a model of which shall be available
from the Board. A disclosure statement shall also be given to each client,
advising him/her of the risks and possible consequences of body art procedures.
(2)
The name, address and phone of the Groton Board of Health.
(3)
An emergency plan, including:
(a)
A plan for the purpose of contacting police, fire or
emergency medical services in the event of an emergency.
(b)
A telephone in good working order shall be easily available
and accessible to all employees and clients during all hours of operation;
and
(c)
A sign at or adjacent to the telephone indicating the
correct emergency telephone numbers.
(4)
An occupancy and use permit as issued by the Town of
Groton Building Official.
(5)
A current establishment permit.
(6)
Each practitioner's permit.
E.
Establishment record keeping. The establishment shall
maintain the following records in a secure place for a minimum of three years,
and such records shall be made available to the Board upon request:
(1)
Establishment information, which shall include:
(a)
Establishment name;
(b)
Hours of operation;
(c)
Owner's name and address;
(d)
A complete description of all body art procedures performed;
(e)
An inventory of all instruments and body jewelry, all
sharps, and all inks used for any and all body art procedures, including names
of manufacturers and serial or lot numbers, if applicable. Invoices or packing
slips shall satisfy this requirement;
(f)
A material safety data sheet, when available, for each
ink and dye used by the establishment;
(g)
Copies of waste hauler manifests;
(h)
Copies of commercial biological monitoring tests;
(i)
Exposure Incident Report (kept permanently);
(j)
A copy of these regulations.
(3)
Client information.
(a)
Client information, which shall include:
[1]
Name;
[2]
Age and valid photo identification;
[3]
Address of the client;
[4]
Date of the procedure;
[5]
Name of the practitioner who performed the procedure(s);
[6]
Description of the procedure(s) performed and the location
on the body;
[8]
If the client is a person under the age of 18, proof
of parental or guardian identification, presence and consent, including a
copy of the photographic identification of the parent or guardian.
(b)
Client information shall be kept confidential.
(4)
Exposure Control Plan. Each establishment shall create,
update, and comply with an Exposure Control Plan. The Plan shall be submitted
to the Board for review so as to meet all the requirements of OSHA regulations,
to include, but not limited to, 29 CFR 1910.1030, OSHA Bloodborne Pathogens
Standards et seq., as amended from time to time. A copy of the Plan shall
be maintained at the body art establishment at all times and shall be made
available to the Board upon request.
F.
No person shall establish or operate a mobile or temporary
body art establishment.
Practitioners are required to comply with the following health standards:
A.
A practitioner shall perform all body art procedures
in accordance with universal precautions set forth by the U.S. Centers for
Disease Control and Prevention.
B.
A practitioner shall refuse service to any person who
may be under the influence of alcohol or drugs.
C.
Practitioners who use ear-piercing systems must conform
to the manufacturer's directions for use, and to applicable U.S. Food and
Drug Administration requirements. No practitioner shall use an ear-piercing
system on any part of the client's body other than the lobe of the ear.
D.
Health history and client informed consent. Prior to
performing a body art procedure on a client, the practitioner shall:
(1)
Inform the client, verbally and in writing, that the
following health conditions may increase health risks associated with receiving
a body art procedure:
(a)
History of diabetes;
(b)
History of hemophilia (bleeding);
(c)
History of skin diseases, skin lesions, or skin sensitivities
to soaps, disinfectants, etc.;
(d)
History of allergies or adverse reactions to pigments,
dyes, or other sensitivities;
(e)
History of epilepsy, seizures, fainting, or narcolepsy;
(f)
Use of medications such as anticoagulants, which thin
the blood and/or interfere with blood clotting; and
(g)
Any other conditions such as hepatitis or HIV.
(2)
Require that the client sign a form confirming that the above information was provided, that the client does not have a condition that prevents him or her from receiving body art, that the client consents to the performance of the body art procedure and that the client has been given the aftercare instructions as required by § 276-7K.
E.
A practitioner shall maintain the highest degree of personal
cleanliness, conform to best standard hygienic practices, and wear clean clothes
when performing body art procedures. Before performing body art procedures,
the practitioner must thoroughly wash his or her hands in hot running water
with liquid soap, then rinse hands and dry with disposable paper towels. This
shall be done as often as necessary to remove contaminants.
F.
In performing body art procedures, a practitioner shall wear disposable single-use gloves. Gloves shall be changed if they become pierced, torn, or otherwise contaminated by contact with any unclean surfaces or objects or by contact with a third person. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client, and hands shall be washed in accordance with Subsection E before the next set of gloves is put on. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable single-use gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program.
G.
The skin of the practitioner shall be free of rash or
infection. No practitioner affected with boils, infected wounds, open sores,
abrasions, weeping dermatological lesions or acute respiratory infection shall
work in any area of a body art establishment in any capacity in which there
is a likelihood that that person could contaminate body art equipment, supplies,
or working surfaces with body substances or pathogenic organisms.
H.
Any item or instrument used for body art that is contaminated
during the procedure shall be discarded and replaced immediately with a new
disposable item or a new sterilized instrument or item before the procedure
resumes.
I.
Preparation and care of a client's skin area must comply
with the following:
(1)
Any skin or mucosa surface to receive a body art procedure
shall be free of rash or any visible infection.
(2)
Before a body art procedure is performed, the immediate
skin area and the areas of skin surrounding where body art procedure is to
be placed shall be washed with soap and water or an approved surgical skin
preparation. If shaving is necessary, single-use disposable razors or safety
razors with single-service blades shall be used. Blades shall be discarded
after each use, and reusable holders shall be cleaned and autoclaved after
use. Following shaving, the skin and surrounding area shall be washed with
soap and water. The washing pad shall be discarded after a single use.
(3)
In the event of bleeding, all products used to stop the
bleeding or to absorb blood shall be single-use, and discarded immediately
after use in appropriate covered containers, and disposed of in accordance
with 105 CMR 480.000.
J.
Petroleum jellies, soaps, and other products used in
the application of stencils shall be dispensed and applied on the area to
receive a body art procedure with sterile gauze or other sterile applicator
to prevent contamination of the original container and its contents. The applicator
or gauze shall be used once and then discarded.
K.
The practitioner shall provide each client with verbal
and written instructions on the aftercare of the body art site.
(1)
(2)
A copy shall be provided to the client. A model set of
aftercare instructions shall be made available by the Board.
L.
Contaminated waste shall be stored, treated and disposed
in accordance with 105 CMR 480.000, Storage and Disposal of Infectious or
Physically Dangerous Medical or Biological Water, State Sanitary Code, Chapter
VIII.
A.
An Exposure Incident Report shall be completed by the
close of the business day during which an exposure has or might have taken
place by the involved or knowledgeable body art practitioner for every exposure
incident occurring in the conduct of any body art activity.
B.
Each Exposure Incident Report shall contain:
(1)
A copy of the application and consent form for body art
activity completed by any client or minor client involved in the exposure
incident;
(2)
A full description of the exposure incident, including
the portion of the body involved therein;
(3)
Instrument(s) or other equipment implicated;
(4)
A copy of body art practitioner license of the involved
body art practitioner;
(5)
Date and time of exposure;
(6)
A copy of any medical history released to the body art
establishment or body art practitioner; and
(7)
Information regarding any recommendation to refer to
a physician or waiver to consult a physician by persons involved.
A written report of any injury, infection complication or disease as
a result of a body art procedure, or complaint of injury, infection complication
or disease, shall be forwarded by the operator to the Board which issued the
permit, with a copy to the injured client within five working days of its
occurrence or knowledge thereof. The report shall include:
A.
The name of the affected client;
B.
The name and location of the body art establishment involved;
C.
The nature of the injury, infection complication or disease;
D.
The name and address of the affected client's health
care provider, if any;
E.
Any other information considered relevant to the situation.
A.
The Board shall investigate complaints received about
an establishment's or practitioner's practices or acts, which may violate
any provision of the Board's regulations.
B.
If the Board finds that an investigation is not required
because the alleged act or practice is not in violation of the Board's regulations,
then the Board shall notify the complainant of this finding and the reasons
on which it is based.
C.
If the Board finds that an investigation is required,
because the alleged act or practice may be in violation of the Board's regulations,
the Board shall investigate, and if a finding is made that the act or practice
is in violation of the Board's regulations, then the Board shall apply whatever
enforcement action is appropriate to remedy the situation and shall notify
the complainant of its action in this manner.
A.
No person may operate a body art establishment except
with a valid permit from the Board.
B.
Applications for a permit shall be made on forms prescribed
by and available from the Board. An applicant shall submit all information
required by the form and accompanying instructions. The term "application"
as used herein shall include the original and renewal applications.
C.
An establishment permit shall be valid from the date
of issuance and for no longer than one year unless revoked sooner by the Board.
D.
The Board shall require that the applicant provide, at
a minimum, the following information in order to be issued an establishment
permit:
(2)
The manufacturer, model number, model year, and serial
number, where applicable, of the autoclave used in the establishment.
(3)
A signed and dated acknowledgement that the applicant
has received, read and understood the requirements of the Board's body art
regulations.
(4)
A drawing of the floor plan of the proposed establishment
to scale for a plan review by the Board, as part of the permit application
process.
(5)
Exposure Report Plan.
(6)
Such additional information as the Board may reasonably
require.
E.
The annual fee for the body art establishment permit
shall be $500 plus $125 for each additional practitioner beyond the first
person. Checks should be made payable to the Nashoba Associated Boards of
Health.
F.
A permit for a body art establishment shall not be transferable
from one place or person to another.
A.
No person shall practice body art or perform any body
art procedure without first obtaining a practitioner permit from the Board.
The Board shall set a reasonable fee for such permits.
B.
A practitioner shall be a minimum of 18 years of age.
C.
A practitioner permit shall be valid from the date of
issuance and shall expire no later than one year from the date of issuance
unless revoked sooner by the Board.
E.
Practitioner training and experience.
(1)
In reviewing an application for a practitioner permit,
the Board may consider experience, training and/or certification acquired
in other states that regulate body art.
(2)
Training.
(a)
Training for all practitioners shall be approved by the Board
and, at a minimum, shall include the following:
(b)
Examples of courses approved by the Board include "Preventing
Disease Transmission" (American Red Cross) and "Bloodborne Pathogen Training"
(U.S. OSHA). Training/Courses provided by professional body art organizations
or associations or by equipment manufacturers may also be submitted to the
Board for approval.
(3)
The applicant for a body piercing practitioner permit
shall provide documentation, acceptable to the Board, that s/he completed
a course on anatomy and physiology with a grade of C or better at a college
accredited by the New England Association of Schools and Colleges, or comparable
accrediting entity. This course must include instruction on the system of
the integumentary system (skin).
(4)
The applicant for a tattoo, branding or scarification
practitioner permit shall provide documentation, acceptable to the Board,
that s/he completed a course on anatomy and physiology with a grade of C or
better at a college accredited by the New England Association of Schools and
Colleges, or comparable accrediting entity. This course must include instruction
on the system of the integumentary system (skin). Such other course or program
as the Board shall deem appropriate and acceptable may be substituted for
the anatomy course.
(5)
The applicant for all practitioners shall submit evidence
satisfactory to the Board for at least two years' actual experience in the
practice of performing body art activities of the kind for which the applicant
seeks a body art practitioner permit to perform, whether such experience was
obtained within or outside of the commonwealth.
F.
A practitioner's permit shall be conditioned upon continued
compliance with all applicable provisions of these rules and regulations.
A.
The Board may suspend a permit, deny a permit, revoke
a permit or refuse to renew a permit on the following grounds, each of which,
in and of itself, shall constitute full and adequate grounds for suspension,
denial, revocation or refusal to renew:
(1)
Any actions which would indicate that the health and
safety of the public would be at risk;
(2)
Fraud, deceit, or misrepresentation in obtaining a permit,
or its renewal;
(3)
Criminal conduct which the Board determines to be of
such a nature as to render the establishment, practitioner or applicant unfit
to practice body art as evidenced by criminal proceedings resulting in a conviction,
guilty plea, or plea of nolo contendere or an admission of sufficient facts;
(4)
Any present or past violations of the Board's regulations
governing the practice of body art;
(5)
Practicing body art while the ability to practice is
impaired by alcohol, drugs, physical disability or mental instability;
(6)
Being habitually drunk or being dependent on, or a habitual
user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs
having similar effects;
(7)
Knowingly permitting, aiding or abetting an unauthorized
person to perform activities requiring a permit;
(8)
Continuing to practice while his/her permit is lapsed,
suspended, or revoked;
(9)
Having been disciplined in another jurisdiction in any
way by the proper permitting authority for reasons substantially the same
as those set forth in the Board's regulations; and
(10)
Other just and sufficient cause which the Board may determine
would render the establishment, practitioner or applicant unfit to practice
body art.
B.
The Board shall notify an applicant, establishment or practitioner in writing of any violation of the Board's regulations, for which the Board intends to deny, revoke, or refuse to renew a permit. The applicant, establishment or practitioner shall have seven days after receipt of such written notice in which to comply with the Board's regulations. The Board may deny, revoke, or refuse to renew a permit if the applicant, establishment or practitioner fails to comply after said seven days, subject to the procedure outlined in § 276-15.
C.
Applicants denied a permit may reapply at any time after
denial.
The Board may summarily suspend a permit pending a final hearing on
the merits on the question of revocation if, based on the evidence before
it, the Board determines that an establishment and/or a practitioner is an
immediate and serious threat to the public health, safety or welfare. The
suspension of a permit shall take effect immediately upon written notice of
such suspension by the Board.
A.
The owner of the establishment or practitioner shall
be given written notice of the Board's intent to hold a hearing for the purpose
of suspension, revocation, denial or refusal to renew a permit. This written
notice shall be served through a certified letter sent return receipt requested
or by constable. The notice shall include the date, time, and place of the
hearing and the owner of the establishment's or practitioner's right to be
heard. The Board shall hold the hearing no later than 21 days from the date
the written notice is received.
