[HISTORY: Section 14 of the Plainville Board of Health Regulations,
effective 5-2-2001; amended in its entirety 1-23-2019. Subsequent amendments noted where applicable.]
Whereas body art and cosmetic tattooing is becoming prevalent
and popular throughout the commonwealth; and whereas knowledge and
practice of universal precautions, sanitation, personal hygiene, sterilization
and aftercare requirements on the part of the practitioner should
be demonstrated to prevent the transmission of disease or injury to
the client and/or practitioner; now, therefore the Board of Health
of the Town of Plainville passes these rules and regulations for the
practice of body art in the Town of Plainville as part of our mission
to protect the health, safety and welfare of the public.
These regulations are promulgated under the authority granted
to the Board of Health by MGL c. 111, § 31.
As used in this chapter, the following terms shall have the
meanings indicated:
Written instructions given to the client, specific to the
body art procedure(s) rendered, about caring for the body art and
surrounding area, including information about when to seek medical
treatment, if necessary.
Any person who applies to the Board of Health for either
a body art establishment permit or practitioner permit.
An apparatus for sterilization utilizing steam pressure at
a specific temperature over a period of time.
A process which results in the destruction of all forms of
microbial life, including highly resistant spores, by the use of an
autoclave for a minimum of 30 minutes at 20 pounds of pressure (PSI)
at a temperature of 270° F.
OSHA guidelines contained in 29 CFR 1910.1030, entitled "Occupational
Exposure to Blood-Borne Pathogens."
Board of Health.
The practice of physical body adornment by permitted establishments
and practitioners using, but not limited to, the following techniques:
body piercing; tattooing; cosmetic tattooing; branding; and scarification.
This definition does not include practices that are considered medical
procedures by the Board of Registration in Medicine, such as implants
under the skin, which procedures are prohibited.
A 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.
A specifically identified individual who has been granted
a permit by the Board to perform body art in an establishment that
has been granted a permit by the Board.
Puncturing or penetrating the skin of a client with presterilized
single-use needles and the insertion of 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.
The cutting of strips of skin of a person, which strips are
then to be intertwined with one another and placed onto such person
so as to cause or allow the incised and interwoven strips of skin
to heal in such intertwined condition.
Inducing a pattern of scar tissue by use of a heated material
(usually metal) to the skin, making a serious burn, which eventually
becomes a scar.
The area in a body art establishment used in the sterilization,
sanitation or other cleaning of instruments or other equipment used
for the practice of body art.
A member of the public who requests a body art procedure
at a body art establishment and who provides a proper state-issued
photo identification.
Waste as defined in 105 CMR 480.000, Storage and Disposal
of Infectious or Physically Dangerous Medical or Biological Waste,
State Sanitary Code, Chapter VIII and/or 29 CFR 1910.1030. This includes:
any liquid or semiliquid blood or other potentially infectious material;
contaminated items that would release blood or other potentially infectious
material in a liquid or semiliquid state if compressed; items on which
there is dried blood or other potentially infectious material and
which are capable of releasing these materials during handling; sharps
and any wastes containing blood or other potentially infectious materials.
Also known as "permanent cosmetics," "micropigment implantation,"
"dermal pigmentation," or "mirco-blading"; means the implantation
of permanent pigment around the eyes, lips and cheeks of the face
and hair imitation.
A product registered as a disinfectant by the U.S. Environmental
Protection Agency (EPA).
The destruction of disease-causing microorganisms on inanimate
objects or surfaces, thereby rendering these objects safe for use
or handling.
The puncturing of the lobe of the ear with a presterilized
single-use stud-and-clasp ear piercing system following the manufacturer's
instructions.
All machinery, including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks,
and all other apparatus and appurtenances used in connection with
the operation of a body art establishment.
An event whereby there is an eye, mouth or other mucus membrane,
non-intact skin or parenteral contact with the blood or bodily fluids
of another person or contact of an eye, mouth or other mucous membrane,
non-intact skin or parenteral contact with other potentially infectious
matter.
A lavatory equipped with hot and cold running water under
pressure, used solely for washing hands, arms, or other portions of
the body.
Water that attains and maintains a temperature 100° F.
to 130° F.
Hand pieces, needles, needle bars, and other instruments
that may come in contact with a client's body or may be exposed
to bodily fluids during any body art procedure.
Entry into the client's body either by incision or insertion
of any instruments into or through the skin or mucosa, or by any other
means intended to puncture, break, or otherwise compromise the skin
or mucosa.
Any ornament inserted into a newly pierced area, which must
be made of surgical implant-grade stainless steel; solid 14k or 18k
white or yellow gold, niobium, titanium, or platinum; or a dense,
low porosity plastic, which is free of nicks, scratches, or irregular
surfaces and has been properly sterilized prior to use.
A light reflectance value of 70% or greater.
Any person under the age of 18.
Any trailer, truck, car, van, camper or other motorized or
nonmotorized vehicle, a shed, tent, movable structure, bar, home or
other facility wherein, or concert, fair, party or other event whereat,
one desires to or actually does conduct body art procedures.
Any person who individually, jointly or severally with others,
owns, or controls an establishment, but is not a body art practitioner.
Board of Health approval in writing to either 1) operate
a body art establishment or 2) operate as a body art practitioner
within a body art establishment. Board of Health 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 of Health's jurisdiction.
An individual, any form of business or social organization
or any other nongovernmental legal entity, including but not limited
to corporations, partnerships, limited liability companies, associations,
trusts or unincorporated organizations.
An individual licensed as a qualified physician by the Board
of Registration in Medicine pursuant to MGL c. 112, § 2.
Any surface of an inanimate object that contacts the client's
unclothed body during a body art procedure, skin preparation of the
area adjacent to and including the body art procedure, or any associated
work area which may require sanitizing.
Clean and free of agents of infection or disease.
The application of a U.S. EPA registered sanitizer on a cleaned
surface in accordance with the label instructions.
Altering skin texture by cutting the skin and controlling
the body's healing process in order to produce wounds, which
result in permanently raised wheals or bumps known as "keloids."
Any object, sterile or contaminated, that may intentionally
or accidentally cut or penetrate the skin or mucosa, including, but
not limited to, needle devices, lancets, scalpel blades, razor blades,
and broken glass.
A puncture-resistant, leak-proof container that can be closed
for handling, storage, transportation, and disposal and that is labeled
with the International Biohazard Symbol.
Products or items that are intended for one-time, one-person
use and are disposed of after use on each client, including, but not
limited to, cotton swabs or balls; tissues or paper products; paper
or plastic cups; gauze and sanitary coverings; razors; piercing needles;
scalpel blades; stencils; ink cups; and protective gloves.
The use of a physical or chemical procedure to destroy all
microbial life, including highly resistant bacterial endospores.
The indelible mark, figure or decorative design introduced
by insertion of dyes or pigments into or under the subcutaneous portion
of the skin.
Any method of placing ink or other pigment into or under
the skin or mucosa by the aid of needles or any other instrument used
to puncture the skin, resulting in permanent coloration of the skin
or mucosa. This term includes all forms of cosmetic tattooing.
The same as "mobile body art establishment."
The form of body art consisting of or requiring the placement,
injection or insertion of an object, device or other thing made of
matters such as steel, titanium, rubber, latex, plastic, glass or
other inert materials, beneath the surface of the skin of a person.
This term does not include body piercing.
A unit approved by the Board, physically large enough to
fully submerge instruments in liquid, which removes all foreign matter
from the instruments by means of high frequency oscillations transmitted
through the contained liquid.
A set of guidelines and controls, published by the Centers
for Disease Control and Prevention (CDC) as "Guidelines for Prevention
of Transmission of Human Immunodeficiency Virus (HIV) and Hepatitis
B Virus (HBV) to Health Care and Public Safety Workers" in Morbidity
and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38, No. S-6,
and as "Recommendations for Preventing Transmission of Human Immunodeficiency
Virus and Hepatitis B Virus to Patients During Exposure Prone Invasive
Procedures" in MMWR, July 12, 1991, Vol. 40, No. RR-8. This method
of infection control requires the employer and the employee to assume
that all human blood and specified human body fluids are infectious
for HIV, HBV, and other blood pathogens. Precautions include hand
washing; gloving; personal protective equipment; injury prevention;
and proper handling and disposal of needles, other sharp instruments,
and blood- and body-fluid-contaminated products.
A.
Physicians licensed in accordance with MGL c. 112, § 2,
who perform body art procedures as part of patient treatment are exempt
from these regulations.
B.
Individuals who pierce only the lobe of the ear with a presterilized
single-use stud-and-clasp ear piercing system are exempt from these
regulations.
A.
No body art, piercing of genitalia, branding or scarification shall
be performed on a person under the age of 18, except piercing of the
ear lobe.
B.
Body piercing, other than piercing the genitalia, may be performed
on a minor 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 parent/guardian and client; a
birth certificate of the minor; and/or official documentation with
an embossed commonwealth seal from a probate court identifying the
legal guardian. No body art shall be performed upon a person under
the age of 18.
C.
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;
piercing of the urethra, male or female.
D.
The following practices are hereby prohibited unless performed by
a medical doctor licensed by the Commonwealth of Massachusetts: tongue
splitting or incising; braiding; three-dimensional beading/implantation;
tooth filing/fracturing/removal/tattooing; cartilage modification;
amputation; genital modification; introduction of saline or other
liquids.
E.
No use of an "ear gun," "nasal gun," or the like which causes tissue
crush injury (making an individual more prone to infection) and is
difficult to sterilize shall be allowed.
F.
No body art shall be performed upon an animal.
G.
No customer should be allowed to perform their own piercing/insertions
or body artwork anywhere on the premises.
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)
Facility must be in an area zoned for this type of business.
(2)
Walls, floors, chairs, tabletops, furniture, ceilings, and procedure
surfaces shall be smooth, durable, free of open holes or cracks, light
colored, washable, nonporous 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. Carpet is not
permitted as a floor covering in the work area where the body art
is applied.
(3)
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. Each body artist's
studio shall have a separate area not used for any other purposes
and physically separate from other areas so as to eliminate potential
contaminants.
(4)
Work areas shall not be used as a corridor for access to other rooms.
(5)
The establishment shall take all measures necessary to ensure against
the presence or breeding of insects, vermin, and rodents within the
establishment.
(6)
Each operator area shall have a minimum of 45 square feet of floor
space for each practitioner on duty. 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.
(7)
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, where
instruments and sharps are assembled and all cleaning areas.
(8)
All electrical outlets in operator areas and cleaning areas shall
be equipped with approved ground fault (GFCI) protected receptacles.
(9)
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 with soap
and hand towel dispenser located in each area body art is applied.
(10)
There shall be a sharps container in each operator area and
each cleaning area. Only medical grade sharps containers that are
puncture resistant, with tight-fitting lids are acceptable. A copy
of the contract for "red bag waste" shall be on file with the Local
Board of Health at all times.
(11)
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. A sign shall be posted in
the bathroom that forbids insertion or handling of piercing/jewelry.
(12)
Adequate ventilation (such as air conditioner, etc.) to keep
area dry and air circulating is required. For the purpose of this
regulation, "adequate ventilation" shall mean free and unrestricted
circulation of fresh air throughout the body art studio. Use of HEPA
ventilation system is highly recommended.
(13)
The public water supply entering a body art establishment shall
be protected by a testable, reduced-pressure backflow preventer installed
in accordance with 142 CMR 248, as amended from time to time.
(14)
At least one covered, foot-operated waste receptacle shall be
provided in each operator area and each toilet room. Receptacles in
the operator area shall be emptied daily. Solid waste shall be stored
in covered, leak-proof, rodent-resistant containers and shall be removed
from the premises at least weekly. Waste receptacles shall have a
disposable liner bag.
(15)
At least one janitorial sink shall be provided in each body
art establishment for use in cleaning the establishment and proper
disposal of noncontaminated liquid wastes in accordance with all applicable
federal, state and local laws. Said sink shall be of adequate size,
equipped with hot and cold running water under pressure and permit
the cleaning of the establishment and any equipment used for cleaning.
(16)
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.
(17)
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.
(18)
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.
(19)
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.
(20)
Smoking, eating, or drinking is prohibited in the area where
body art is performed, with the exception of nonalcoholic fluids being
offered to a client during or after a body art procedure.
B.
Requirements for single-use items including inks, dyes and pigments.
(1)
Single-use items shall not be used on more than one client for any
reason. After use, all single-use sharps shall be immediately disposed
of in approved sharps containers pursuant to 105 CMR 480.000.
(2)
All products applied to, or that come into contact with, the skin,
such as but not limited to body art stencils, applicators, gauze and
razors, shall be single-use and disposable.
(3)
Hollow bore needles or needles with cannula shall not be reused.
(4)
All inks, dyes, pigments, solid core needles, and equipment shall
be specifically manufactured for performing body art procedures and
shall be used according to manufacturer's instructions.
(5)
Inks, dyes or pigments may be mixed and may only be diluted with
water from an approved potable source. Immediately before a tattoo
is applied, the quantity of the dye to be used shall be transferred
from the dye bottle and placed into single use paper cups or plastic
cups. Upon completion of the tattoo, these single-use cups or caps
and their contents shall be discarded.
C.
Sanitation and sterilization measures and procedures.
(1)
All nondisposable instruments used for body art, including all reusable
solid core needles, pins and stylets, shall be cleaned thoroughly
after each use by scrubbing with an appropriate soap or disinfectant
solution and hot water (to remove blood and tissue residue), and shall
be placed in an ultrasonic unit sold for cleaning purposes under approval
of the U.S. Food and Drug Administration and operated in accordance
with manufacturer's instructions.
(2)
After being cleaned, all nondisposable instruments used for body
art shall be packed individually in sterilizer packs and subsequently
sterilized in a 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.
(3)
The autoclave shall be used, cleaned, and maintained according to
manufacturer's instruction. A copy of the manufacturer's
recommended procedures for the operation of the autoclave must be
available for inspection by the Board. Autoclaves shall be located
away from workstations or areas frequented by the public.
(4)
Each holder of a permit to operate a body art establishment shall
demonstrate that the autoclave used is capable of attaining sterilization
by monthly spore destruction tests. These tests shall be verified
through an independent laboratory. The permit shall not be issued
or renewed until documentation of the autoclave's ability to
destroy spores is received by the Board. These test records shall
be retained by the operator for a period of three years and made available
to the Board upon request.
(5)
All instruments used for body art procedures shall remain stored
in sterile packages until just prior to the performance of a body
art procedure. After sterilization, the instruments used in body art
procedures shall be stored in a dry, clean cabinet or other tightly
covered 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 of Health. 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 Plainville 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.
(1)
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 of Health upon request:
(a)
Establishment information, which shall include:
[1]
Establishment name;
[2]
Hours of operation;
[3]
Owner's name and address;
[4]
A complete description of all body art procedures performed;
[5]
An inventory of all instruments and body jewelry, all sharps,
and all inks used for any and all body art procedures, including names
of manufacturers and serial or lot numbers, if applicable. Invoices
or packing slips shall satisfy this requirement;
[6]
A material safety data sheet, when available, for each ink and
dye used by the establishment;
[7]
Copies of all waste hauler manifests;
[8]
Copies of commercial biological monitoring tests;
[9]
Exposure Incident Report (kept permanently); and
[10]
A copy of these regulations.
(b)
Employee information, which shall include:
[1]
Full legal names and exact duties;
[2]
Date of birth;
[3]
Home address;
[4]
Home/work phone numbers;
[5]
Identification photograph;
[6]
Dates of employment;
[7]
Hepatitis B vaccination status or certificate of vaccination
declination;
[8]
Training records; and
[9]
Copies of practitioner's licenses issued by the Board.
(c)
Client information.
[1]
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;
[h]
If the client is a minor proof of parental or guardian
identification, presence and consent including a copy of the photographic
identification of the parent or guardian. (No body art will be performed
on a person under the age of 18, except piercing of the ear lobe.)
[2]
Client information shall be kept confidential at all times.
(2)
Exposure control plan. Each establishment shall create, update, and
comply with an exposure control plan. The plan shall be submitted
to the Board of Health for review so as to meet all of the requirements
of OSHA regulations, to include, but not limited to, 29 CFR 1910.1030,
OSHA Blood-Borne 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.
(3)
No person shall establish or operate a mobile or temporary body art
establishment.
Practitioners are required to comply with the following minimum
health standards:
A.
Only appropriate jewelry should be used in piercing. Appropriate
jewelry is made of implant-grade, high quality surgical stainless
steel (316 E series), solid 14K or 18K gold, niobium, titanium, platinum.
Appropriate jewelry has no nicks, scratches or irregular surfaces
that might endanger the tissue. Ear studs or other jewelry designed
for ear piercings are not appropriate jewelry for other body parts
and must not be used by artists.
B.
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.
C.
A practitioner shall refuse service to any person who may be under
the influence of alcohol or drugs.
D.
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.
E.
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;
(g)
Hepatitis or HIV infection; and
(h)
Pregnancy.
(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 Subsection L.
F.
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 antibacterial soap, then rinse hands and dry with disposable
paper towels or under heat dryer. This shall be done as often as necessary
to remove contaminants.
G.
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 F before the next set of gloves is put on. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable single-use gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program.
H.
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.
I.
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.
J.
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.
K.
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.
L.
The practitioner shall provide each client with verbal and written
instructions on the aftercare of the body art site.
(1)
(2)
A copy shall be provided to the client. A model set of aftercare
instructions shall be made available to the Board.
M.
Contaminated waste shall be stored, treated and disposed of in accordance
with 105 CMR 480.000, Storage and Disposal of Infectious or Physically
Dangerous Medical or Biological Waste, State Sanitary Code, Chapter
VIII.
A.
An exposure incident report shall be completed by the close of the
business day during which an exposure has or might have taken place
by the involved or knowledgeable body art practitioner for every exposure
incident occurring in the conduct of any body art activity.
B.
Each exposure incident report shall contain:
(1)
A copy of the application and consent form for body art activity
completed by any client or minor client involved in the exposure incident;
(2)
A full description of the exposure incident, including the portion
of the body involved therein;
(3)
Instrument(s) or other equipment implicated;
(4)
A copy of body art practitioner license of the involved body art
practitioner;
(5)
Date and time of exposure;
(6)
A copy of any medical history released to the body art establishment
or body art practitioner; and
(7)
Information regarding any recommendation to refer to a physician
or waiver to consult a physician by persons involved.
A written report of any injury, infection complication or disease
as a result of a body art procedure, or complaint of injury, infection
complication or disease, shall be forwarded by the operator to the
Board of Health 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; and
E.
Any other information considered relevant to the situation.
A.
The Board of Health 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, including temporary or permanent revocation
of the practitioner and/or establishment permit, and shall notify
the complainant of its action in this manner.
A.
No person may operate a body art establishment except with a valid
permit from the Board of Health. The Board of Health shall establish
the fee schedule for the establishment permit.
B.
Applications for a permit shall be made on forms prescribed by and
available from the Board of Health. 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
until the following December 31, unless revoked sooner by the Board
of Health.
D.
The Board of Health shall require that the applicant provide, at
a minimum, the following information in order to be issued an establishment
permit:
(2)
The manufacturer, model number, model year, and serial number, where
applicable, of the autoclave used in the establishment;
(3)
A signed and dated acknowledgement that the applicant has received,
read and understood the requirements of the Board's body art
regulations;
(4)
A drawing of the floor plan of the proposed establishment to scale
for a plan review by the Board, as part of the permit application
process, a floor plan showing the layout of the entire establishment,
location of all equipment, lavatories, floors, walls and ceiling surfaces,
work areas and other pertinent information relative to the body art
studio;
(5)
Exposure control plan; and
(6)
Such additional information as the Board may reasonably require.
E.
Mobile body art studios shall not be allowed to operate in the Town
of Plainville.
F.
A permit for a body art establishment shall not be transferable from
one place or person to another.
A.
No person shall practice body art or perform any body art procedure
without first obtaining a practitioner permit from the Board of Health.
The Board of Health shall establish the fee schedule for the practitioner
permit.
B.
A practitioner shall be a minimum of 18 years of age.
C.
A practitioner permit shall be valid from the date of issuance until
the following December 31, unless revoked sooner by the Board of Health.
E.
Hepatitis B immunity.
(1)
Hepatitis B vaccination is essentially required.
(2)
An applicant for a body art practitioner license shall provide to
the Board of Health, and shall provide to the owner of any body art
establishment in which the applicant intends to perform or in which
he/she does perform body art activity, valid documentation of his
Hepatitis B (HBV) vaccination status stating:
(a)
Certification of competed vaccination series. Immunity to Hepatitis
B virus typically requires three vaccination shots over a six-month
period. Temporary employment may begin after the second vaccination
shot if the practitioner is involved in a vaccination program with
the third vaccination shot planned over the next several months. The
name, title, and telephone number of the vaccine administrator(s)
shall be present and legible; or
(b)
Laboratory evidence of immunity; or
(c)
Documentation stating the vaccine is contraindicated for medical
reasons. Contraindication requires a dated and signed licensed health
care professional's statement specifying the name of the body
art practitioner license applicant employee and that the vaccine cannot
be given; or
(d)
Certificate of vaccination declination of HBV, i.e., for medical
or religious reasons as provided in MGL c. 76, § 15.
F.
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 approved by Board.
(a)
Training for all practitioners shall be approved by the Board
and, at a minimum, shall include the following:
[1]
Certification of completion of blood-borne 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; and
[2]
Current certification in first aid and cardiopulmonary resuscitation
(CPR).
(b)
Examples of courses approved by the Board of Health include
"Preventing Disease Transmission" (American Red Cross) and "Blood-Borne
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 of Health for approval.
(3)
The applicant for a body piercing practitioner permit shall provide
documentation, acceptable to the Board, that s/he completed a course
on anatomy and physiology with a grade of C or better at a college
accredited by the New England Association of Schools and Colleges,
or comparable accrediting entity. This course must include instruction
on the system of the integumentary system (skin).
(4)
The applicant for a tattoo (including branding) 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, program or experience as the Board shall deem appropriate
and acceptable may be substituted for the anatomy course.
(5)
The applicant for all practitioners shall submit evidence satisfactory
to the Board 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.
G.
A practitioner's permit shall be conditioned upon continued
compliance with all applicable provisions of these rules and regulations;
a signed and dated acknowledgement that the applicant has received,
read and understood the requirements of the Board of Health's
body art regulations.
A.
The Board of Health 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 of Health's regulations
governing the practice of body art;
(5)
Practicing body art while the ability to practice is impaired by
alcohol, drugs, physical incapacity or mental instability;
(6)
Being habitually drunk or being dependent on, or a habitual user
of, narcotics, barbiturates, amphetamines, hallucinogens, or other
drugs having similar effects;
(7)
Knowingly permitting, aiding or abetting an unauthorized person to
perform activities requiring a permit;
(8)
Continuing to practice while his/her permit is lapsed, suspended,
or revoked;
(9)
Having been disciplined in another jurisdiction in any way by the
proper permitting authority for reasons substantially the same as
those set forth in the Board of Health's regulations; and
(10)
Other just and sufficient cause which the Board may determine
would render the establishment, practitioner or applicant unfit to
practice body art.
B.
The Board of Health shall notify an applicant, establishment or practitioner in writing of any violation of the Board's regulations, for which the Board intends to deny, revoke, or refuse to renew a permit. The applicant, establishment or practitioner shall have seven days after receipt of such written notice in which to comply with the Board's regulations. The Board may deny, revoke or refuse to renew a permit, if the applicant, establishment or practitioner fails to comply after said seven days subject to the procedure outlined in § 728-15.
C.
Applicants denied a permit may reapply at any time after denial.
The Board may summarily suspend a permit pending a final hearing
on the merits on the question of revocation if, based on the evidence
before it, the Board determines that an establishment and/or a practitioner
is an immediate and serious threat to the public health, safety or
welfare. The suspension of a permit shall take effect immediately
upon written notice of such suspension by the Board.
A.
The owner of the establishment or practitioner shall be given written
notice of the Board's intent to hold a hearing for the purpose
of suspension, revocation, denial or refusal to renew a permit. This
written notice shall be served through a certified letter sent return
receipt requested or by constable. The notice shall include the date,
time and place of the hearing and the owner of the establishment 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.
The Board may impose either or both of the following:
A.
Criminal. The fine for a violation of any provision of these rules
and regulations shall be not less than $10 nor more than $100 per
offense. Each day that a violation continues shall be deemed to be
a separate offense.
These rules and regulations shall be effective as of May 2,
2001, amended January 23, 2019.
