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1.
Purpose
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 City
of Melrose passes these rules and regulations for the
practice of body art in the City of Melrose as part of our
mission to protect the health, safety and welfare of the
public.
2.
Authority
These regulations are promulgated
under the authority granted to the Board of Health under
Massachusetts General Law 111, section 31.
3.
Definitions
Aftercare means written instructions given to the client,
specific to the body art procedure(s) rendered, about
caring for the body art and surrounding area, including
information about when to seek medical treatment, if
necessary.
Applicant means any person who applies to the Board of Health
for either a body art establishment permit or practitioner
permit.
Autoclave means an apparatus for sterilization utilizing steam
pressure at a specific temperature over a period of time.
Autoclaving means a process which results in the destruction of
all forms of microbial life, including highly resistant
spores, by the use of an autoclave for a minimum of thirty
minutes at 20 pounds of pressure (PSI) at a temperature of
270 degrees Fahrenheit.
Bloodborne Pathogens Standard
means OSHA Guidelines contained in 29 CFR 1910.1030,
entitled "Occupational Exposure to Bloodborne
Pathogens.”
Board of Health or Board
means the Melrose Board of Health.
Body Art means the practice of physical body adornment by
permitted establishments and practitioners using, but not
limited to, the following techniques: body piercing,
tattooing, cosmetic tattooing, branding, and
scarification. This definition does not include practices
that are considered medical procedures by the Board of
Registration in Medicine, such as implants under the skin,
which procedures are prohibited.
Body Art Establishment or Establishment
means a location, place, or business that has been granted
a permit by the Board, whether public or private, where
the practices of body art are performed, whether or not
for profit.
Body Art Practitioner
or Practitioner means a specifically identified
individual who has been granted a permit by the Board to
perform body art in an establishment that has been granted
a permit by the Board.
Body Piercing means puncturing or penetrating the skin of a client
with presterilized single‑use needles and the
insertion of presterilized jewelry or other adornment into
the opening. This
definition excludes piercing of the earlobe with a
presterilized single-use stud-and-clasp system
manufactured exclusively for ear-piercing.
Braiding means the cutting of strips of skin of a person,
which strips are then to be intertwined with one another
and placed onto such person so as to cause or allow the
incised and interwoven strips of skin to heal in such
intertwined condition.
Branding means inducing a pattern of scar tissue by use of a
heated material (usually metal) to the skin, making a
serious burn, which eventually becomes a scar.
Cleaning area means the area in a Body Art Establishment used in
the sterilization, sanitation or other cleaning of
instruments or other equipment used for the practice of
body art.
Client means a member of the public who requests a body art
procedure at a body art establishment.
Contaminated Waste means waste as defined in 105 CMR 480.000:
Storage and Disposal of Infectious or Physically Dangerous
Medical or Biological Waste, State Sanitary Code, Chapter
VIII and/or 29 Code of Federal Regulation part 1910.1030. This includes
any liquid or semi-liquid blood or other potentially
infectious material; contaminated items that would release
blood or other potentially infectious material in a liquid
or semi-liquid state if compressed; items on which there
is dried blood or other potentially infectious material
and which are capable of releasing these materials during
handling; sharps and any wastes containing blood or other
potentially infectious materials.
Cosmetic Tattooing, also known as permanent cosmetics, micro
pigment implantation or dermal pigmentation, means the
implantation of permanent pigment around the eyes, lips
and cheeks of the face and hair imitation.
Disinfectant means a product registered as a disinfectant by the
U.S. Environmental Protection Agency (EPA).
Disinfection means the destruction of disease-causing
microorganisms on inan-imate objects or surfaces, thereby
rendering these objects safe for use or handling.
Ear piercing means the puncturing of the lobe of the ear with a
presterilized single-use stud-and-clasp ear-piercing
system following the manufacturer's instructions.
Equipment means all machinery, including fixtures, containers,
vessels, tools, devices, implements, furniture, display
and storage areas, sinks, and all other apparatus and
appurtenances used in connection with the operation of a
body art establishment.
Exposure means an event whereby there is an eye, mouth or
other mucus membrane, non-intact skin or parental contact
with the blood or bodily fluids of another person or
contact of an eye, mouth or other mucous membrane,
non-intact skin or parenteral contact with other
potentially infectious matter.
Hand Sink means a lavatory equipped with hot and cold running
water under pressure, used solely for washing hands, arms,
or other portions of the body.
Hot water means water that attains and maintains a temperature
110º-130ºF.
Instruments Used for Body Art
means hand pieces, needles, needle bars, and other
instruments that may come in contact with a client's body
or may be exposed to bodily fluids during any body art
procedure.
Invasive means entry into the client’s body either by
incision or insertion of any instruments into or through
the skin or mucosa, or by any other means intended to
puncture, break, or otherwise compromise the skin or
mucosa.
Jewelry means 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.
Light colored means a light reflectance value of 70 percent or
greater.
Minor means any person under the age of eighteen (18)
years.
Mobile Body Art Establishment
means any trailer, truck, car, van, camper or
other motorized or non-motorized vehicle, a shed,
tent, movable structure, bar,
home or other
facility wherein, or concert, fair, party or other event whereat
one desires to or actually does conduct body art
procedures.
Operator means any person who individually, or jointly or
severally with others, owns, or controls an establishment,
but is not a body art practitioner.
Permit means Board approval in writing to either (1)
operate a body art establish-ment 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.
Person means an individual, any form of business or social
organization or any other non‑governmental legal
entity, including but not limited to corporations,
partnerships, limited‑liability companies,
associations, trusts or unincorporated organizations.
Physician means an individual licensed as a qualified
physician by the Board of Registration in Medicine
pursuant to M.G.L. c. 112 § 2.
Procedure surface means any surface of an inanimate object that
contacts the client's unclothed body during a body art
procedure, skin preparation of the area adjacent to and
including the body art procedure, or any associated work
area which may require sanitizing.
Sanitary means clean and free of agents of infection or
disease.
Sanitize
means the application of a U.S. EPA registered sanitizer
on a cleaned surface in accordance with the label
instructions.
Scarification means altering skin texture by cutting the skin and
controlling the body’s healing process in order to
produce wounds, which result in permanently raised wheals
or bumps known as keloids.
Sharps means any object, sterile or contaminated, that may
intentionally or accidentally cut or penetrate the skin or
mucosa, including, but not limited to, needle devices,
lancets, scalpel blades, razor blades, and broken glass.
Sharps Container means a puncture-resistant, leak-proof
container that can be closed for handling, storage,
transportation, and disposal and that is labeled with the
International Biohazard Symbol.
Single Use Items means products or items that are intended for
one-time, one-person use and are disposed of after use on
each client, including, but not limited to, cotton swabs
or balls, tissues or paper products, paper or plastic
cups, gauze and sanitary coverings, razors, piercing
needles, scalpel blades, stencils, ink cups, and
protective gloves.
Sterilize means the use of a physical or chemical procedure to
destroy all microbial life including highly resistant
bacterial endospores.
Tattoo means the indelible mark, figure or decorative
design introduced by insertion of dyes or pigments into or
under the subcutaneous portion of the skin.
Tattooing means 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.
Temporary Body Art Establishment means
the same as Mobile Body Art Establishment.
Three
dimensional “3D” Body Art or Beading or Implantation
means the form of body art consisting of or requiring the
placement, injection or insertion of an object, device or
other thing made of matters such as steel, titanium,
rubber, latex, plastic, glass or other inert materials,
beneath the surface of the skin of a person.
This term does not include Body Piercing.
Ultrasonic Cleaning Unit
means a unit approved by the Board, physically large
enough to fully submerge instruments in liquid, which
removes all foreign matter from the instruments by means
of high frequency oscillations transmitted through the
contained liquid.
Universal
Precautions
means 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, Vo1.38 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, Vo1.40, 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.
4.
Exemptions
(A)
Physicians licensed in accordance with M.G.L.
c. 112 § 2 who perform body art procedures as part of
patient treatment are exempt from these regulations.
(B) Individuals who pierce only the
lobe of the ear with a presterilized single use
stud and clasp ear piercing system are
exempt from these regulations.
5.
Restrictions
(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 “trans-penis”
piercing in any area from the corona glandis to the pubic
bone; so called “deep” piercing of the scrotum –
meaning piercing through the scrotum, or “transcrotal”
piercing; so called “deep” piercing of the vagina.
(E)
The following practices hereby prohibited unless
performed by a medical doctor licensed by the Commonwealth
of Massachusetts: tongue splitting; braiding; three
dimensional/beading/implementation
tooth filing/fracturing/removal/tatooing; cartilage
modification; amputation; genital modification; introduction
of saline or other liquids.
6.
Operation of Body Art Establishments
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 a
dividers or partition at a minimum.
(5)
The establishment shall be well ventilated and provided with an
artificial light source equivalent to at least 20 foot
candles 3 feet off the floor, except that at least 100 foot
candles shall be provided at the level where the body art
procedure is being performed, and where instruments
and sharps are assembled and all cleaning areas.
(6)
All electrical outlets in operator areas and cleaning areas shall be
equipped with approved ground fault (GFCI) protected
receptacles.
(7)
A separate, readily accessible hand sink with hot and cold running water
under pressure, preferably equipped with wrist or
foot operated controls and supplied with liquid soap,
and disposable paper towels stored in fixed dispensers shall
be readily accessible within the establishment.
Each operator area shall have a hand sink.
(8)
There shall be a sharps container in each operator area and each
cleaning area.
(9)
There shall be a minimum of one toilet room containing a toilet and
sink. The toilet
room shall be provided with toilet paper, liquid hand soap
and paper towels stored in a fixed dispenser.
A body art establishment permanently located within a
retail shopping center, or similar setting housing multiple
operations within one enclosed structure having shared
entrance and exit points, shall not be required to provide a
separate toilet room within such body art establishment if
Board-approved toilet facilities are located in the retail
shopping center within 300 feet of the body art
establishment so as to be readily accessible to any client
or practitioner.
(10)
The public water supply entering a body art establishment shall be
protected by a testable, reduced pressure back flow
preventor installed in accordance with 142 Code of
Massachusetts Regulation 248, as amended from time to time.
(11)
At least one covered, foot operated waste receptacle shall be provided
in each operator area and each toilet room.
Receptacles in the operator area shall be emptied
daily. Solid
waste shall be stored in covered, leakproof,
rodent-resistant containers and shall be removed from the
premises at least weekly.
(12)
At least one janitorial sink shall be provided in each body art
establishment for use in cleaning the establishment and
proper disposal of non-contaminated liquid wastes in
accordance with all applicable Federal, state and local
laws. Said sink
shall be of adequate size to accommodate the cleaning
equipment 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 non-alcoholic fluids being offered to a client during or after a body art
procedure.
(B)
Requirements for Single Use Items Including Inks,
Dyes and Pigments
(1)
Single-use items shall not be used on more than one client for any
reason. After use, all single-use sharps shall be
immediately disposed of in approved sharps containers
pursuant to 105 CMR 480.000.
(2)
All products applied to the skin, such as but not limited to body art
stencils, applicators, gauze and razors, shall be single use
and disposable.
(3)
Hollow bore needles or needles with cannula shall not be reused.
(4)
All inks, dyes, pigments, solid core needles, and equipment shall be
specifically manufactured for performing body art procedures
and shall be used according to manufacturer's instructions.
(5)
No reusable cloth items shall be used.
(C)
Sanitation and Sterilization Measures and
Procedures
(1)
All non-disposable instruments used for body art, including all reusable
solid core needles, pins and stylets, shall be 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 non-disposable instruments used for body art
shall be packed individually in sterilizer packs and
subsequently sterilized in a steam autoclave sold for
medical sterilization purposes under approval of the U.S.
Food and Drug Administration. All sterilizer packs shall
contain either a sterilizer indicator or internal
temperature indicator. Sterilizer packs must be dated with
an expiration date not to exceed six (6) months.
(3)
The autoclave shall be used, cleaned, and maintained according to
manufacturer's instruction.
A copy of the manufacturer's recommended procedures
for the operation of the autoclave must be available for
inspection by the Board.
Autoclaves shall be located away from workstations or
areas frequented by the public.
(4)
Each holder of a permit to operate a body art establishment shall
demonstrate that the autoclave used is capable of attaining
sterilization by monthly spore destruction tests.
These tests shall be verified through an independent
laboratory. The
permit shall not be issued or renewed until documentation of
the autoclave’s ability
to destroy spores is received by the Board.
These test records shall be retained by the operator
for a period of three (3) years and made available to the
Board upon request.
(5)
All instruments used for body art procedures shall remain stored in
sterile packages until just prior to the performance of a
body art procedure. After
sterilization, the instruments used in body art procedures
shall be stored in a dry, clean cabinet or other tightly
covered container reserved for the storage of such
instruments.
(6)
Sterile instruments may not be used if the package has been breached or
after the expiration date without first repackaging and
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 number of the Melrose 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 local building official.
(5)
A current establishment permit.
(6)
Each practitioner’s permit.
(E) Establishment
Recordkeeping
The establishment shall
maintain the following records in a secure place for a
minimum of three (3) 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)
a record 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.
(2)
Employee information, which shall include:
(a)
full legal names and exact duties;
(b)
date of birth;
(c)
home address;
(d)
home /work phone numbers;
(e)
identification photograph;
(f) dates
of employment;
(g) Hepatitis
B vaccination status or declination notification; and
(h) training records
(3)
Client Information, which shall include:
(a)
name;
(b)
age and valid photo identification
(c)
address of the client;
(d)
date of the procedure;
(e)
name of the practitioner who performed the procedure(s);
(f)
description of procedure(s) performed and the location on the
body;
(g)
a signed consent form as specified by 7(D )(2); and,
(h) if the client is a person under the age of 18, proof of
parental or guardian identification, presence and consent
including a copy of the photographic identification of the
parent or guardian.
Client information shall be kept confidential at all
times.
(4)
Exposure Control Plan
Each establishment shall create, update, and comply
with an Exposure Control Plan.
The Plan shall be submitted to the Board for review
so as to meet all of the requirements of OSHA regulations,
to include, but not limited to, 29 Code of Federal
Regulation 1910.1030 OSHA Bloodborne Pathogens Standards et
seq, as amended from time to time.
A copy of the Plan shall be maintained at the Body
Art Establishment at all times and shall be made available
to the Board upon request.
(F)
No person shall establish or operate a Mobile or Temporary Body Art Establishment
7.
Standards of Practice
Practitioners
are required to comply with the following minimum health
standards:
(A)
A practitioner shall perform all body art procedures
in accordance with Universal Precautions set forth by the
U.S Centers for Disease Control and Prevention.
(B)
A practitioner shall refuse service to any person who
may be under the influence of alcohol or drugs.
(C)
Practitioners who use ear‑piercing systems must
conform to the manufacturers directions for use, and to
applicable U.S. Food and Drug Administration requirements.
No practitioner shall use an ear piercing system on
any part of the client’s body other than the lobe of the
ear.
(D) Health History and Client Informed Consent.
Prior to performing a body art procedure on a client,
the practitioner shall:
(1)
Inform the client, verbally and in writing that the
following health conditions
may increase health risks associated with receiving a
body art procedure:
(a)
history of diabetes;
(b)
history of hemophilia (bleeding);
(c)
history of skin diseases, skin lesions, or skin
sensitivities to soaps, disinfectants etc.;
(d)
history of allergies or adverse reactions to pigments, dyes,
or other sensitivities;
(e)
history of epilepsy, seizures, fainting, or narcolepsy;
(f)
use of medications such as anticoagulants, which thin the
blood and/or interfere with blood clotting; and
(g) any other conditions such
as hepatitis or HIV.
(2)
Require that the client sign a form confirming that
the above information was provided, that the client does not
have a condition that prevents them from receiving body art,
that the client consents to the performance of the body art
procedure and that the client has been given the aftercare
instructions as required by section 7(K).
(E)
A practitioner shall maintain the highest degree of
personal cleanliness, conform to best standard hygienic
practices, and wear clean clothes when performing body art
procedures. Before performing body art procedures, the
practitioner must thoroughly wash their hands in hot running
water with liquid soap, then rinse hands and dry with
disposable paper towels.
This shall be done as often as necessary to remove
contaminants.
(F)
In performing body art procedures, a practitioner
shall wear disposable single-use gloves.
Gloves shall be changed if they become pierced, torn,
or otherwise contaminated by contact with any unclean
surfaces or objects or by contact with a third person.
The gloves shall be discarded, at a minimum, after
the completion of each procedure on an individual client,
and hands shall be washed in accordance with section (E)
before the next set of gloves is put on.
Under no circumstances shall a single pair of gloves
be used on more than one person.
The use of disposable single-use gloves does not
preclude or substitute for handwashing procedures as part of
a good personal hygiene program.
(G)
The skin of the practitioner shall be free of rash or
infection. No
practitioner affected with boils, infected wounds, open
sores, abrasions, weeping dermatological lesions or acute
respiratory infection shall work in any area of a body art
establishment in any capacity in which there is a
likelihood that that person could contaminate body art
equipment, supplies, or working surfaces with body
substances or pathogenic organisms.
(H)
Any item or instrument used for body
art that is contaminated during the procedure shall be
discarded and replaced immediately with a new disposable
item or a new sterilized instrument or item before the
procedure resumes.
(I)
Preparation and care of a client’s skin area must
comply with the following:
(1)
Any skin or mucosa surface to receive a body art
procedure shall be free of rash or any visible infection.
(2)
Before a body art procedure is
performed, the immediate skin area and the areas of skin
surrounding where 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. The
written instructions shall advise the client:
(1)
on the proper cleansing of the area which received
the body art;
(2)
to consult a health care provider for:
(a)
unexpected redness, tenderness or swelling at the site of
the body art procedure;
(b)
any rash;
(c) unexpected drainage at or
from the site of the body art procedure; or
(d)
a fever within 24 hours of the body art procedure; and
(3)
of the address, and phone number of the
establishment.
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 Waster, State
Sanitary Code, Chapter VIII.
8.
Exposure Incident Report
The
Body Art Practitioner shall complete an Exposure Incident
Report by the close of the business day for every exposure
incident.
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, signed by
the Body Art Practitioner.
9.
Injury and/or Complication Reports
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.
10.
Complaints
(A)
The Board shall investigate complaints received about
an establishment or practitioner’s practices or acts,
which may violate any provision of the Board's regulations.
(B) If the Board finds that an
investigation is not required because the alleged act or
practice is not in violation of the Board's regulations,
then the Board shall notify the complainant of this finding
and the reasons on which it is based.
(C) If the Board finds that an
investigation is required, because the alleged act or
practice may be in violation of the Board's regulations, the
Board shall investigate and if a finding is made that the
act or practice is in violation of the Board's regulations,
then the Board shall apply whatever enforcement action is
appropriate to remedy the situation and shall notify the
complainant of its action in this manner.
11.
Application
for Body Art Establishment Permit
(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:
(1) Name, address, and
telephone number of:
(a)
the body art establishment;
(b)
the operator of the establishment; and
(c) the body art practitioner(s) working at the
establishment;
(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;
(3) A drawing of the floor plan of the proposed establishment to scale for a
plan review by the Board, as part of the permit application
process; and,
(4) Exposure Report Plan
(5)
Such additional information as
the Board may reasonably require.
(E)
The annual
fee for the Body Art Establishment Permit shall be $100 per
operator area.
(F)
A permit
for a body art establishment shall not be transferable from
one place or person to another.
12.
Application
for Body Art Practitioner Permit
(A)
No person shall practice body art or perform any body
art procedure without first obtaining a practitioner permit
from the Board. The fee shall be $100 per year.
(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.
(D)
Application for a practitioner permit shall include:
(1)
name;
(2)
date of birth;
(3)
residence address;
(4)
mailing address;
(5)
phone number;
(6)
place(s) of employment as a practitioner; and
(7)
training and/or experience as set out in (E) below.
(E)
Practitioner Training and Experience
(1) In reviewing an application for a practitioner
permit, the Board may consider experience, training and/or
certification acquired in other states that regulate body
art.
(2)
Training for all practitioners shall be approved by
the Board and, at a minimum, shall include the following:
(a) bloodborne pathogen
training program (or equivalent) which includes infectious
disease control; waste disposal; handwashing techniques;
sterilization equipment operation and methods; and
sanitization, disinfection and sterilization methods and
techniques; and
(b)
Current certification in First
Aid and cardiopulmonary resuscitation (CPR).
Examples of courses approved by the Board include
"Preventing Disease Transmission" (American Red
Cross) and "Bloodborne Pathogen Training" (U.S.
OSHA). Training/courses provided by professional body art
organizations or associations or by equipment manufacturers
may also be submitted to the Board for approval.
(3) The applicant for a body 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).
(5) 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.
(6)
The applicant for all practitioners shall
submit evidence satisfactory to the Board of at least two
years actual experience in the practice of performing body
art activities of the kind for which the applicant seeks a
body art practitioner permit to perform, whether such
experience was obtained within or outside of the
Commonwealth.
(F)
A practitioner’s permit shall be conditioned upon
continued compliance with all applicable provisions of these
rules and regulations.
13.
Grounds for Suspension, Denial, Revocation, or Refusal to
Renew Permit
(A)
The Board may suspend a permit, deny a permit, revoke
a permit or refuse to renew a permit on the following
grounds, each of which, in and of itself, shall constitute
full and adequate grounds for suspension, denial, revocation
or refusal to renew:
(1) any actions which would indicate that the health or safety of the public
would be at risk;
(2) fraud, deceit or misrepresentation in obtaining a permit, or its
renewal;
(3) criminal conduct which the Board determines to be of such a nature as to
render the establishment, practitioner or applicant unfit to
practice body art as evidenced by criminal proceedings
resulting in a conviction, guilty plea, or plea of nolo
contendere or an admission of sufficient facts;
(4) any present or past violation of the Board’s regulations governing the
practice of body art;
(5)
practicing body art while the ability to practice is impaired by
alcohol, drugs, physical disability or mental instability;
(6) being habitually drunk or being dependent on, or a habitual user of
narcotics, barbiturates, amphetamines, hallucinogens, or
other drugs having similar effects;
(7) knowingly permitting, aiding or abetting an
unauthorized person to perform activities requiring a
permit;
(8) continuing to practice while his/her permit is lapsed, suspended, or
revoked; and
(9)
having been disciplined in another jurisdiction in any way by the proper
permitting authority for reasons substantially the same as
those set forth in the Board's regulations.
(10)
other just and sufficient cause which the Board may determine would
render the establishment, practitioner or applicant unfit to
practice body art;
(B)
The Board shall notify an applicant, establishment or
practitioner in writing of any violation of the Board's
regulations, for which the Board intends to deny, revoke, or
refuse to renew a permit.
The applicant, establishment or practitioner shall
have seven (7) days after receipt of such written notice in
which to comply with the Board's regulations.
The Board may deny, revoke or refuse to renew a
permit, if the applicant, establishment or practitioner
fails to comply after said seven (7) days subject
to the procedure outlined in Section 15.
(C)
Applicants denied a permit may reapply at any time
after denial.
14.
Grounds
for Suspension of Permit
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
15.
Procedure for Hearings
The owner
of the establishment or practitioner shall be given written
notice of the Board’s intent to hold a hearing for the
purpose of suspension, revocation, denial or refusal to
renew a permit. This
written notice shall be served through a certified letter
sent return receipt requested or by constable. The notice
shall include the date, time and place of the hearing and
the owner of the establishment or practitioner’s right to
be heard. The
Board shall hold the hearing no later than 21 days from the
date the written notice is received.
In the case
of a suspension of a permit as noted in Section 13, a
hearing shall be scheduled no later than 21 days from the
date of the suspension.
16.
Severability
If
any provision contained in the model regulations is deemed
invalid for any reason, it shall be severed and shall not
affect the validity of the remaining provisions.
17.
Fine
for Violation
The
fine for a violation of any provision of these Rules and
Regulations shall be $100 per offense.
Each day that a violation continues shall be deemed
to be a separate offense.
18.
Effective
Date
These
rules and regulations shall be effective as of February 1,
2001.
Public
Hearing
November 8, 2000
Passed
by the Board of Health January
24, 2001
Copy
sent to DEP January 29, 2001
Summary
published in Melrose Free Press
February 1, 2001
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