Town of Southwick, MA Body Art

Walls, floors, ceiling 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.

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 surface.

The establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin and rodents within the establishment.

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 divider or partition at a minimum.

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.

All electrical outlets in operator areas and cleaning areas shall be equipped with approved ground fault (GFCI) protected receptacles.

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.

There shall be a sharps container in each operator area and each cleaning area.

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 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. Fish aquariums shall be allowed in waiting rooms and non-procedural 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.

Requirements for single use items including inks, dyes and pigments.

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.

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.

Hollow bore needles or needles with cannula shall not be reused.

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.

Inks, dyes or pigments may be mixed and may only be diluted with sterile water. 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.

Sanitation and sterilization measures and procedures.

All non-disposable instruments used for body art, including all reusable solid core needles, pins and stylets, shall be clean 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.

After being cleaned, all non-disposable instruments used for body art shall be packed individually in sterilizer packs and subsequently sterilized with 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 months.

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.

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.

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.

Sterile instruments may not be used if the package has been breached or after the expiration date without first re-packaging and re-sterilizing.

If the body art establishment uses only single-use, disposable instruments, products and supplies, an autoclave shall not be required.

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.

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.

Posting requirements. The following shall be prominently displayed:

A disclosure statement, a model of which shall be available from the Board, shall also be given to each client, advising him/her of the risks and possible consequences of body art procedures.

The name, address and phone number of the Southwick Board of Health.

An emergency plan, including:

A plan for the purpose of contacting police, fire or emergency medical services in the event of an emergency;

A telephone in good working order shall be easily available and accessible to all employees and clients during all hours of operation;

A sign at or adjacent to the telephone indicating the correct emergency telephone numbers.

An occupancy and use permit as issued by the local building official.

A current body art establishment permit.

Each practitioner's permit.

Procedures and policies manual. A procedures and policies manual shall be provided to all practitioners by the facility management or operator. This requirement can be fulfilled by providing to each body art practitioner a copy of these regulations. Each body art establishment operator and/or practitioner must carry a current government issued photo identification at all times when practicing body art or when an establishment is opened for business and must present such identification to Board of Health inspectors upon request.

Establishment recordkeeping. 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:

Establishment information, which shall include:

Establishment name;

Hours of operation;

Owner's name and address;

A complete description of all body art procedures performed;

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 these requirements;

A Safety Data Sheet, when available, as required by law;

Copies of waste hauler manifests;

Exposure Incident Report (kept permanently);

A copy of these regulations.

Employee information, which shall include:

Full legal names and exact duties;

Date of birth;

Home address;

Home/work phone numbers;

Identification photograph;

Dates of employment;

Hepatitis B vaccination status or declination notification;

Training records.

Client information, which shall include:

Name;

Age and valid photo identification;

Address of the client;

Date of the procedure;

Name of the practitioner who performed the procedure(s);

Description of procedure(s) performed and the location on the body;

A signed consent form as specific by § 402-8D(2); and

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.

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.

No person shall establish or operate a mobile or temporary body art establishment.

§ 402-8 Standards of practice.

Practitioners are required to comply with the following minimum health standards:

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.

A practitioner shall refuse service to any person who may be under the influence of alcohol or drugs.

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.

Health history and client informed consent. Prior to performing a body art procedure on a client, the practitioner shall:

Inform the client, verbally and in writing that the following health conditions may increase health risks associated with receiving a body art procedure:

History of diabetes;

History of hemophilia;

History of skin diseases, skin lesions or skin sensitivities to soaps, disinfectants, etc.;

History of allergies or adverse reactions to pigments, dyes or other sensitivities;

History of epilepsy, seizures, fainting or narcolepsy;

Use of medications such as anticoagulants, which thin the blood and/or interfere with blood clotting;

Any other conditions such as hepatitis or HIV.

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.

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.

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 handwashing procedures as part of a good personal hygiene program.

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.

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.

Preparation and care of a client's skin area must comply with the following:

Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible infection.

Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where a 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. Following shaving, the skin and surrounding area shall be washed with soap and water. The washing pad shall be discarded after a single use.

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.

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.

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:

On the proper cleansing of the area which received the body art;

To consult a health care provider for;

Unexpected redness, tenderness or swelling at the site of the body art procedure;

Any rash;

Unexpected drainage at or from the site of the body art procedure;

A fever within 24 hours of the body art procedure;

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 to the Board.

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 Waste, State Sanitary Code, Chapter VIII.

§ 402-9 Exposure incident report.

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.

Each exposure incident report shall contain:

A copy of the application and consent form for body art activity completed by any client or minor client involved in the exposure incident;

A full description of the exposure incident, including the portion of the body involved therein;

Instrument(s) or other equipment implicated;

A copy of the body art practitioner license of the involved body art practitioner;

Date and time of exposure;

A copy of any medical history released to the body art establishment or body art practitioner;

Information regarding any recommendation to refer to a physician or waiver to consult a physician by persons involved.

§ 402-10 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 or 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:

The name of the affected client;

The name and location of the body art establishment involved;

The nature of the injury, infection complication or disease;

The name and address of the affected client's health care provider, if any;

Any other information considered relevant to the situation.

§ 402-11 Complaints.

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.

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.

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 the action in this manner.

§ 402-12 Application for a body art establishment permit.

No person may operate a body art establishment except with a valid permit from the Board.

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.

A body art establishment permit shall be valid from the date of issuance and for no longer than one year unless revoked sooner by the Board.

The Board shall require that the applicant provide, at a minimum, the following information in order to be issued an establishment permit:

Name, address and telephone number of:

The body art establishment;

The operator of the establishment;

The body art practitioner(s) working at the establishment;

The manufacturer, model number, model year and serial number, where applicable, of the autoclave used in the establishment;

A signed and dated acknowledgement that the applicant has received, read and understood the requirements of the Board's rules and regulations for body art establishments and practitioners;

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;

Exposure report plan;

Such additional information as the Board may reasonably require.

There shall be an annual fee for the body art establishment permit.

A body art establishment permit shall not be transferable from one place or person to another.

§ 402-13 Application for a body art pracitioner permit.

No person shall practice body art or perform any body art procedure without first obtaining a body art practitioner permit from the Board. The Board shall set a reasonable fee for such permits.

A practitioner shall be a minimum of 18 years of age.

A body art 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.

Application for a body art practitioner permit shall include:

Name;

Date of birth;

Residence address;

Mailing address;

Phone number;

Place(s) of employment as a practitioner;

Training and/or experience as set out in Subsection E below.

There shall be annual fee for a body art practitioner permit.

Practitioner training and experience.

In reviewing an application for a body art practitioner permit, the Board may consider experience, training and/or certification acquired in other states that regulate body art.

Training for all practitioners shall be approved by the Board and, at a minimum, shall include the following:

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;

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.

The applicant for a body art practitioner permit shall provide documentation, acceptable to the Board, that he/she 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).

The applicant for a tattoo, branding or scarification practitioner permit shall provide documentation, acceptable to the Board, that he/she 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. Such other course or program as the Board shall deem appropriate and acceptable may be substituted for the anatomy course.

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.

A body art practitioner's permit shall be conditioned upon continued compliance with all applicable provisions of these rules and regulations.

§ 402-14 Body art apprenticeship standards.

No person shall practice as an apprentice with respect to any body art procedure without first obtaining an apprentice body art permit from the Board. The permit is renewable annually until completion of the apprenticeship for a fee.

Application of an apprentice body art permit shall include:

Name;

Date of birth;

Residence address;

Mailing address;

Telephone number;

Place(s) of prior employment as a practitioner, if any;

Prior criminal record(s) declaration;

Present photo identification at time of application;

Name and address of approved trainer;

(10)

Signed letter of acceptance from the trainer;

(11)

Proof of all pre-apprenticeship training requirements;

(12)

Copy of informed consent documentation to be used as documentation of the number and type of procedures performed.

An apprentice shall be a minimum of 18 years of age.

Apprenticeship length and practice.

Tattoo apprentice:

The apprenticeship period shall be a minimum of two years (equivalent to 4,040 hours) of supervised training plus an additional one year probationary period (to match the three years of practice for new practitioners.

There will be no maximum amount of time for the apprenticeship. The apprentice's approved trainer will be responsible for submitting a letter to the Board stating their recommendation for a full or probationary permit. This will allow the apprenticeship to extend until proficiency of practice is demonstrated to the approved trainer and the Board.

Apprenticeship training and experience requirements training shall be subject to approval by the Board, approval should be obtained in advance and, at a minimum, shall include evidence of successfully completing the following pre-apprenticeship training requirements:

Bloodborne pathogen training program (or equivalent) which includes infectious disease control; waste disposal; hand washing techniques; sterilization equipment operation and methods; and sanitization, disinfection and sterilization methods and techniques;

Current certification in basic first aid and cardiopulmonary resuscitation (CPR);

Aftercare procedures.

Training shall be subject to approval by the Board. Approval should be obtained in advance and, at a minimum, shall include evidence of successfully completing the following procedures during the apprenticeship period:

Client consultation;

Client health information;

Client disclosure form;

Client preparation;

Client informed consent;

Sanitation and safety precautions;

Implement selection and use;

Proper use of equipment;

Material selection and use;

Needles;

Pigments;

Machine;

Construction;

Adjustment;

Power supply;

Art, drawing and portfolio.

Body piercer apprentice:

The apprenticeship period shall be a minimum of one year (equivalent to 2,020 hours) supervised training plus an additional two year probationary period to match the three years of practice required for a new practitioner.

There is no maximum amount of time for the apprenticeship. The apprentice's approved trainer will be responsible for submitting a letter to the Board stating their recommendation for a full or probationary permit. This will allow the apprenticeship to extend until proficiency of practice is demonstrated to the approved trainer and the Board.

Apprenticeship training and experience requirements. Training shall be subject to approval by the Board, and should be obtained in advance. Training shall include evidence of successfully completing the following pre-apprenticeship training requirements:

Provide documentation, acceptable to the Board, of a completed course on anatomy, or possess an equivalent combination of training and experience deemed acceptable to the Board;

Current certification in basic first aid and cardiopulmonary resuscitation (CPR);

Aftercare procedures.

Client consultation;

Client health information;

Client disclosure form;

Client preparation;

Client informed consent;

Sanitation and safety precautions;

Implement selection and use;

Proper use of equipment;

Material selection and use;

(j)

Grade of jewelry;

(k)

Metals to use.

Body art apprentice demonstration of proficiency and probationary permits.

After the initial apprenticeship year, all body art apprentices are eligible to apply for a probationary permit under the following conditions:

The approved trainer must submit a statement to the Board recommending probationary status.

The approved trainer will submit a statement that the apprentice is able to perform all allowable procedures or submits a statement that the apprentice is unable to perform a defined type of procedure without active supervision. Included in this statement will be documentation of the types and number of procedures performed by the apprentice during the training period.

After being granted a probationary permit, the apprentice will be able to perform all allowable procedures for pay.

Informed consent forms provided to clients shall be kept on file at the body art establishment and provided to the Board on request as proof of the number and type of procedures performed.

Application for full permit.

Upon completion of the required probationary period, the approved trainer must submit a statement to the Board recommending full practitioner status.

All components of § 402-13 will be applicable for this application.

Informed consent forms provided to clients shall be kept on file at the body art establishment and provided to the Board on request as proof of the number and type of procedures performed.

§ 402-15 Body art trainer standards.

A trainer must apply to the Board prior to accepting an apprentice. Requirements at the time of application include:

A trainer must demonstrate licensure for a minimum of the most recent three consecutive years with no documented violations.

A trainer is responsible for developing and maintaining a log of the hours worked and actions performed by the apprentice. A blank copy of the log will be provided at the time of application.

Trainers shall develop an informed consent form that includes a statement that the procedure is being performed by an apprentice. A copy of this form will be provided at the time of application.

A trainer is assuming responsibility for the apprentice throughout the training period. It is the trainer's responsibility to ensure all procedures and practices are conducted in compliance with all applicable codes.

A trainer is responsible for providing the Board with all necessary paperwork at the end of the apprenticeship.

Each trainer may have no more than one apprentice at any given time.

During the initial training period (at least one year for a body piercer; at least two years for a tattoo artist), the trainer's permit shall be held responsible for any complaints lodged against the apprentice. During the probationary period, the trainer's permit will continue to be held responsible for any procedure for which active supervision is required.

§ 402-16 Guest artists; temporary body art permits.

A temporary body art permit may be issued by the Board under the body art establishment permit where the temporary body art permit holder will be practicing. It is the responsibility of the body art establishment to ensure all temporary body art permit holders adhere to these regulations. Any violations by the temporary body art permit holder will be considered a violation by the establishment. The holder of a temporary body art permit may not conduct a body art procedure unless there is a holder of a body art permit in the establishment at the time the body art procedure is performed by the holder of the temporary body art permit.

A temporary body art permit may be issued by the Board under the following conditions:

Application for a temporary practitioner permit shall include:

Name;

Date of birth;

Residence address;

Mailing address;

Telephone number;

Place(s) of prior employment as a practitioner;

Training and/or experience as set out below;

Present photo identification at time of application;

Name and address of approved employer;

(j)

Copy of current body art license;

(k)

Copy of current bloodborne pathogen training certificate and CPR/first aid training certificate.

The applicant will provide evidence to the Board of at least three years of continuous licensure as a body art practitioner. If a practitioner has practiced in a state that does not license individual practitioners, the applicant must submit evidence satisfactory to the Board of both uninterrupted practice and expertise in the body art activities for which they are applying.

The permit will be valid for a fourteen-day period. No individual may obtain more than four temporary body art permits in a calendar year.

There will be a temporary body art permit fee.

§ 402-17 Grounds for suspension, denial, revocation or refusal to renew permit.

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, or revocation or refusal to renew:

Any actions which would indicate that the health or safety of the public would be at risk;

Fraud, deceit or misrepresentation in obtaining a permit, or its renewal;

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, of plea of nolo contendere or an admission of sufficient facts;

Any present or past violation of the Board's regulations governing the practice of body art;

Practicing body art while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability;

Being habitually drunk or being dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effects;

Knowingly permitting, aiding or abetting an unauthorized person to perform activities requiring a permit;

Continuing to practice while his/her permit is lapsed, suspended or revoked;