A.
Except as otherwise provided below, no animal shall be allowed in
a body art establishment.
B.
Section 308-37A does not apply to any guide animal, signal animal, or service animal, accompanied by a totally or partially blind person or deaf person, a person whose hearing is impaired, or a disabled person; any dog accompanied by a person licensed to train guide dogs; or any dog accompanied by a uniformed employee of a private patrol service during and within the course and scope of their employment as a patrol person.
No person shall smoke, or otherwise use tobacco, eat, or drink
at or in the workstation, instrument storage area, cleaning area,
or toilet room.
Except as set forth in these regulations, no person shall commit
or permit any act that may expose any person to disease or illness
or otherwise contaminate any instrument or area in a body art establishment
used for body art procedure.
A.
Time to complete; appropriate person. An exposure incident report
shall be completed by the close of the business day during which an
exposure has or might have taken place in the conduct of any body
art procedure. This report must be completed by the person involved
or the practitioner with knowledge of such incident.
B.
Contents of report. Each exposure incident report shall contain:
(1)
A copy, where applicable, of the application and consent form for
body art procedure completed by any client involved in the exposure
incident;
(2)
A full description of the exposure incident, including the portion
of the body involved therein;
(3)
The instrument(s) or other equipment implicated;
(4)
A copy of the practitioner permit of the involved practitioner;
(5)
The date and time of exposure and approximate duration;
(6)
A copy of any medical history released to the body art establishment
or practitioner; and
(7)
Information regarding any recommendation to refer to a physician
or waiver to consult a physician by the client or persons involved.
A.
Time to complete; appropriate person. The operator of a body art
establishment shall provide a written report of any injury, infection
complication, or disease that is or claimed to be the result of a
body art procedure to the Board and to the client within five working
days of its occurrence or knowledge thereof.
B.
Contents of report. The injury or complication report shall include:
(1)
The name and address of the affected client;
(2)
The name and address of the body art establishment involved;
(3)
The nature of the injury, infection complication, or disease;
(4)
The name and address of the affected client's health care provider,
if any; and
(5)
Any other information considered relevant to the situation.
A.
Time. The establishment shall retain the records enumerated in § 308-42B in a secure place for a minimum of three years, unless a longer time is required. Such records shall be made available to the Board upon request.
B.
General records. Every body art establishment must retain the following
establishment information:
(1)
Official name of the establishment;
(2)
Hours of operation;
(3)
Name(s) and address(s) of operator(s);
(4)
Complete description of all body art procedures performed;
(5)
Inventory of all instruments and body jewelry, all sharps, and all
inks used for any body art procedures including names of manufactures
and serial or lot numbers, if applicable. Invoices or packing slips
shall satisfy this requirement;
(6)
Material safety data sheet, when available, of each ink and dye used
by the establishment;
(7)
Copies of waste-hauler manifests;
(8)
Copies of commercial biological monitoring test results;
(9)
Copies of exposure incident reports (kept permanently); and
(10)
Copy of these regulations.
C.
Employee records. Every body art establishment must retain the following
employee information:
(1)
Full legal name(s) and exact duties;
(2)
Date of birth;
(3)
Home address;
(4)
Telephone numbers where the employee may be reached at home or work;
(5)
Identification photograph;
(6)
Dates of employment at establishment or for operator, whichever is
applicable or both;
(7)
Hepatitis B vaccination status or declination notification; and
(8)
Training records.
D.
Required client confidential records to be maintained. Every body
art establishment must retain the following client information, but
the establishment must keep such client information confidential at
all times except as to inquiry by the Easton Board of Health:
(1)
Full legal name;
(2)
Age and copy of valid photo-identification;
(3)
Home address;
(4)
Date of procedure(s);
(5)
Name of the practitioner who performed the procedure(s);
(6)
Description of the procedure(s) performed and the location(s) 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.
Every body art establishment shall prominently display the following
A.
A disclosure statement, a model of which shall be available from
the Easton Board of Health during normal business hours.
B.
The name, address, and telephone number of the Easton Board of Health.
C.
An emergency plan, which shall include:
(1)
A plan for contacting police, fire, or emergency medical services;
(2)
A telephone in good working order that is easily available and accessible
to all employees and clients during all hours of operation; and
(3)
A sign at or adjacent to the telephone indicating the correct emergency
telephone numbers.
D.
An occupancy and use permit issued by the Easton Building Inspector.
E.
A current Board of Health establishment license.
F.
Each practitioner's Board of Health permit.
Every area of a body art establishment shall be kept in good
repair, clean, and free of all vermin (including insects, rodents)
and maintained to prevent contamination of clients and other persons.
A.
Maintain free from contamination. All instruments and surfaces of
equipment used for body art procedures including, but not limited
to devices, containers, cabinets, storage compartments, chairs, tables,
counters, and dispensers shall be maintained clean, fully operative,
in good repair, and free from contamination.
B.
Improper use and alteration prohibited. All instruments manufactured
for performing any specific body art procedure shall be so designated,
used, and approved and shall not be altered, contaminated, or improperly
used. Instruments used for body piercing shall be constructed of stainless
surgical-grade steel, and designed and manufactured for such use.
C.
Reuse of single-use instruments prohibited, even on same client.
Instruments intended for single-use shall not be reused, even on the
same client. There are no exceptions to this requirement.
(1)
After use, all single-use sharps shall be immediately disposed in
approved sharps containers as provided under Title 105, Code Massachusetts
Regulations, Chapter 480.000, "Storage and Disposal of Infectious
or Physically Dangerous Medical or Biological Waste" (State Sanitary
Code, Chapter VIII).
(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. Soap shall be dispensed and applied to the area of skin surfaces in a manner that will prevent contamination of the original soap container and its contents as specified in § 308-46A.
A.
Immersion immediately into solution. Every contaminated reusable
instrument or component thereof, including but not limited to needles,
needle bars, needle tubes, needle caps, body piercing tubes, rotary
pens, and coil machines, shall be immersed in water or other approved
liquid solution in the cleaning area until cleaned and sterilized.
Such immersion shall be done immediately following any use or other
contamination.
B.
Washing. Before sterilization, every such instrument shall be thoroughly
washed by scrubbing with an appropriate soap or disinfectant solution
and hot water (as defined in these regulations as at least 110°
F.) in accordance with manufacture's instructions to remove contamination
(including blood and tissue residue).
C.
Ultrasonic cleaning. Upon completion of the washing process as set forth in § 308-47B, every such instrument shall be cleaned using an ultrasonic cleaning unit in accordance with the manufacturer's instructions.
D.
Packaging process. Upon completion of the cleaning process as set forth in § 308-47C, every such instrument shall be packaged into procedure setup packages with color change indicators designed to indicate complete sterilization thereof, initial of the person responsible for sterilizing the instruments, and the date of such sterilization. Instruments must be packaged individually.
E.
Sterilization process. Upon completion of the packaging process as set forth in § 308-47D, every such instrument shall be properly sterilized in a steam autoclave.
F.
Contamination of packaging. If a package becomes wet or is opened
or compromised so as to allow for the possibility of the contamination
of the contents of the package, any instrument therein shall be deemed
contaminated and again shall be washed, cleaned, packaged, and sterilized
as indicated above.
G.
Storage of sterilized instruments. Sterilized instruments shall be
stored in a dry, clean cabinet or tightly covered container, each
of which shall be used for that purpose exclusively.
I.
Prohibition of liquid sterilants. Liquid sterilants shall not be
used for the sterilization of any reusable instrument.
A.
Storage. All instruments must be stored in an instrument storage
area in a manner to prevent contamination. Identical instruments shall
be exclusively stored together, unless intermingled storage with different
instruments does not represent a hazard as determined by the Board.
B.
Labeling. All storage containers, cabinets, shelves, and other storage
areas in the instrument storage area shall be properly labeled as
to their contents, including but not limited to identification of
contaminated or soiled contents as appropriate.
A.
Use manufacturer's instruction. Every ultrasonic cleaning unit
and steam autoclave shall be used, cleaned, and maintained according
to manufacturer's specifications.
B.
Monthly testing for spore destruction required. Every steam autoclave
shall be tested with a commercial biological monitoring (spore) system
test in a manner and frequency consistent with the manufacturer's
instructions, but no less than once every month, to monitor the efficacy
of the unit's eradication of all living organisms, including
spores.
(1)
Each operator of a body art establishment shall demonstrate, by monthly
spore destruction testing, that the autoclave being used is capable
of attaining sterilization. An independent laboratory shall verify
these tests.
(2)
The Board shall not renew or issue a license to the establishment until documentation of the autoclave's ability to destroy spores is provided to the Board as part of the renewal or application request. The test records must be retained by the operator for three years as provided in § 308-42, Records retention.
All germicides, disinfectants, chemicals, and cleansers must
be used according to the manufacturer's requirements, used only
for the purpose approved and intended by the manufacturer, and properly
labeled and stored to prevent contamination and hazard.
A.
Mechanical washing and heat drying required. After each use, reusable
cloth items (for example, protective clothing or garments) shall be
mechanically washed with detergent and mechanically heat dried.
(1)
If washing is conducted in the body art establishment, all applicable
plumbing codes shall apply.
(2)
If reusable cloth items should 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, alternatively, a temperature of 120° F. with
the use of a sufficient amount of chlorine disinfectant.
B.
Storage requirements. Clean linen shall be stored in a manner to
prevent contamination. Containers used shall be clearly labeled as
to contents and used for no other purpose. Linens that have become
soiled or contaminated shall not be used until properly laundered
and shall be handled and stored to prevent hazard.
All waste shall be removed from the body art establishment on a daily basis and placed in an approved secured receptacle for pickup and removal as provided in § 308-31 of these regulations.
