A.
This chapter has been enacted by the Health Officer and approved
by the Board of Selectmen for the Town of Hudson, under the authority
granted in RSA 147:1, Local Regulations, NH RSA 31:39M, effective
July 1, 1989, and amended August 14, 1989, with an effective date
of October 14, 1989, and by the authority set forth in RSA 314-A,
effective July 1, 1994.
B.
The purpose of this chapter is to protect the safety, health and
welfare of the general public and not to protect the personal or property
interest of individuals. Nothing in this chapter shall be deemed to
be the making of a promise or the undertaking of a special duty towards
or relationship with any person who gets a tattoo or is body-pierced;
nor shall the provisions of or failure to provide such licenses or
to undertake particular inspections or types of inspections be deemed
to create a special relationship or duty towards any person upon which
any action in negligence or other tort might be founded.
C.
This chapter is based on the following legislative findings:
(1)
There is a risk of harm to the public from the practice of tattooing,
including the application of permanent makeup by tattooing, and from
body piercing. The risk arises from the characteristics of these practices,
the characteristics of clients served and the characteristics of the
workplace environment and supervisory practices.
(2)
Tattooing and body piercing are invasive procedures in which the
skin is penetrated by a foreign object. If proper sterilization and
antiseptic procedures are not followed by tattooists and body piercers,
there is a risk of transmission of blood-borne or other infections.
(3)
Tattooing and body piercing may cause allergic reactions in persons
sensitive to dyes or metals used in ornamentation.
(4)
The public can be protected from this risk by requiring the use of
universal precautions related to the transmission of blood-borne infections
and by disclosure requirements to facilitate informed choice.
For the purpose of this chapter, the following words and phrases
when used herein shall be construed as follows:
As defined in NH RSA 128:3, whereas the Health Officer shall
be the Secretary and Executive Officer of and with the Board of Selectmen,
shall constitute the local "Board of Health" for the town.
The technique whereby various body parts are pierced and
surgical steel rings or studs are inserted. Body sites may include,
but may not be limited to, ear, nose, cheek, tongue, navel, forehead,
nipples and genitals.
Any person who actually performs the work of body piercing.
Any room or space where the body piercing is practiced or
where the business of body piercing is conducted, or any part thereof.
Any person who controls, operates, conducts or manages any
body piercing establishment, whether actually performing the work
of body piercing or not.
The technique whereby a heated metal form is placed on the
skin for the purpose of inducing permanent scarring in the shape of
the design attached to the end of the branding iron handle.
An inspection report made by the Health Officer or his/her
duly appointed agent prior to issuing a body piercing and/or tattoo
establishment license indicating that the establishment complies with
the requirements of this chapter.
Any disease caused by an infectious agent which may be transmitted
directly or indirectly from one individual to another.
A card or letter valid for one (1) year issued to a tattoo
artist or person performing body piercing by a medical physician,
licensed to practice in New Hampshire or Massachusetts, after satisfactory
tests for Tuberculosis and after a satisfactory examination for apparent
communicable diseases, particularly in respect to arms and hands.
The tattooing of permanent makeup onto the face of a client,
to include but not necessarily be limited to eyebrows, eyeliner, lip
liner, lip color, cheek blush, eye shadow and beauty marks.
An indelible mark or figure fixed upon the surface of the
body by the insertion of pigment under the skin or by the production
of scars.
Any person who actually performs the work of tattooing.
Any room or space where tattooing is practiced or where the
business of tattooing is conducted, or any part thereof.
Any person who controls, operates, conducts or manages any
tattoo establishment, whether actually performing the work of tattooing
or not.
Precautionary guidelines issued by the National Centers for
Disease Control (CDC) for use in the prevention of transmission of
infectious diseases from contact with potentially infected body fluids.
Universal precautions apply to blood and other body fluids containing
visible blood. Universal precautions also apply to semen and vaginal
secretions, tissues and body fluids such as cerebrospinal fluid and
pleural fluid. Universal precautions do not apply to feces, nasal
secretions, sputum, tears, urine and vomitus unless they contain visible
blood. They require the use of, but not limited to, protective clothing,
goggles, masks and latex gloves.
