[HISTORY: Adopted by the Board of Health
of the Town of Eastham 3-5-2020. Amendments noted where applicable.]
This chapter is adopted under the authority of MGL c. 111, § 31.
The purpose of this chapter is to protect the health, safety,
and welfare of the residents of, and the visitors to, the Town of
Eastham through the control of infection and the spread of diseases
including, but not limited to, hepatitis B virus (HBV), hepatitis
C virus (HCV) and human immunodeficiency virus (HIV). This chapter
protects the public health by prescribing minimal standards for the
practice of body art through general sanitation of the premises; proper
sterilization of all instruments and equipment; and requiring training
in the standard procedures for the prevention of disease transmission.
This will ensure that the practice of body art in the Town of Eastham
shall be conducted with the highest professional standards.
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
the surrounding area. These instructions will include information
about when to seek medical treatment, if necessary.
OSHA Regulation 29 CFR 1910.1030.
The Board of Health of the Town of Eastham.
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 in the commonwealth,
such as implants under the skin, which shall not be performed in a
body art establishment.
A specified place or premises that has been granted a permit
by the Board, whether public or private, where the practices of body
art are performed, whether for profit or not.
A specified person who has been granted a permit by the Board
to perform body art in a body art establishment that has been granted
a valid permit by the Board.
The puncturing or penetration of the skin of a person with
pre-sterilized single-use needles and the insertion of pre-sterilized
jewelry or other adornment thereto in the opening. This definition
includes piercing of the outer perimeter of the ear, but does not
include piercing of the earlobe with pre-sterilized single-use stud-and-clasp
ear-piercing systems.
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.
Any person who has requested a body art procedure at a body
art establishment.
Any liquid, or semi-liquid, blood or other potentially infectious
materials; contaminated items that would release blood or other potentially
infectious materials in a liquid or semi-liquid state if compressed;
items that are caked with dried blood or other potentially infectious
materials and are capable of releasing these materials during handling;
sharps and any waste containing blood and other potentially infectious
materials, as defined in 29 CFR 1910.1030 (latest edition), known
as "Occupational Exposure to Bloodborne Pathogens," or as defined
as "infectious or physically dangerous medical or biological waste"
in accordance with 105 CMR 480.000: Minimum Requirements for the Management
of Medical or Biological Waste (State Sanitary Code Chapter VIII).
See "Tattooing."
The Massachusetts Department of Public Health or its authorized
representatives.
Any product registered as a disinfectant by the U.S. Environmental
Protection Agency.
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 pre-sterilized
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.
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 of 110°
F. to 130° F. or 43° C. to 54° C.
Hand pieces, needles, needle bars, and other instruments
that may come in contact with a client's body or may be exposed
to body fluids during body art procedures.
The 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 personal ornament inserted into a newly pierced area,
which must be made of surgical implant-grade stainless steel; solid
fourteen-karat (14K) or eighteen-karat (18K) white or yellow gold,
niobium, titanium, or platinum; or dense, low-porosity plastic, which
is free of nicks, scratches, or irregular surfaces and has been properly
sterilized prior to use.
Any person under the age of 18 years.
Any person who alone, jointly, or severally with others,
owns, has care, charge, or control of any body art establishment as
agent or leasee of the owner or as an independent contractor, but
is not a body art practitioner.
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 registered by the Board of Registration in
Medicine pursuant to MGL c. 112, § 2 as a qualified physician.
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.
A process of reducing the numbers of microorganisms on cleaned
surfaces and equipment to a safe level as judged by public health
standards and which has been approved by the Department.
Effective disinfectant treatment by a process using intermediate
disinfectants for enough time to reduce the bacteria count including
pathogens to a safe level on semi-critical or noncritical equipment.
Altering the 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 purposefully
or accidentally cut or penetrate the skin or mucosa including, but
not limited to, needles, needle devices, lancets, scalpel blades,
razor blades, and broken glass.
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.
A set of guidelines and controls, published by the Centers
for Disease Control and Prevention (CDC). This method of infection
control requires the employer and 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. For guidelines and controls see:
Schillie S, Vellozzi C, Reingold A, et al. "Prevention of Hepatitis
B Virus Infection in the United States: Recommendations of the Advisory
Committee on Immunization Practices." MMWR Recomm Rep 2018;67(No.
RR-1):1-31. DOI: http://dx.doi.org/10.15585/mmwr.rr6701a1.
Schillie S, Murphy, Sawyer M, et al. "CDC Guidance for Evaluating
Health-Care Personnel for Hepatitis B Virus Protection and for Administering
Postexposure Management." MMWR Recomm Rep 2013;62(No. RR-10):1-19.
Kuhar D, Henderson D, Struble, K, et al. "Updated U.S. Public
Health Service guidelines for the management of occupational exposures
to HIV and recommendations for postexposure prophylaxis." MMWR 2005;
54(No.RR09); p. 1-17.
CDC. "Recommendations for the prevention and control of hepatitis
C virus (HCV) infection and HCV-related chronic disease." MMWR 1998;
47(No. RR-19).
CDC. "Updated U.S. Public Health Service Guidelines for the
Management of Occupational Exposures to HBV, HCV, and HIV and Recommendations
for Postexposure Prophylaxis." MMWR 2001; 50(RR11); 1-42.
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 chapter shall apply to any person who operates a body art
establishment or engages in the practice of body art as herein defined,
except:
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)
All walls, floors, ceilings, and procedure surfaces within the body
art establishment shall be smooth, free from open holes or cracks,
light-colored, washable, and in good repair. Walls, floors, and ceilings
shall be maintained in a clean condition. All procedure surfaces,
including client chairs/benches, shall be of such construction as
to be easily cleaned and sanitized after each client.
(2)
All body art establishments shall be completely separated by solid
partitions, or by walls extending from floor to ceiling, from any
room used for human habitation; any food establishment or room where
food is prepared; any hair salon; any retail sales; or any other such
activity that may cause potential contamination of work surfaces.
(3)
Effective measures shall be taken by the body art operator and/or
practitioner to protect against entrance into the establishment and
against the breeding or presence on the premises of insects, vermin,
and rodents. Insects, vermin, and rodents shall not be present in
any part of the establishment, its appurtenances, or appertaining
premises.
(4)
There shall be a minimum of 45 square feet of floor space for each
practitioner in the establishment. 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 dividers,
curtains, or partitions, at a minimum.
(5)
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.
(6)
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,
shall be provided within the body art establishment. One hand sink
shall serve no more than three body art practitioners.
(7)
There shall be a minimum of one lavatory, excluding any service sinks,
and one working toilet in a body art establishment.
(8)
At least one covered, foot-operated waste receptacle shall be provided
in each practitioner area and each toilet room. Receptacles in the
practitioner area shall be emptied daily, and solid waste shall be
removed from the premises at least weekly. All refuse containers shall
be lidded, cleanable, and kept clean.
(9)
All instruments and supplies shall be stored in clean, dry, and covered
containers.
(10)
Practitioners who use ear-piercing systems shall conform to
the manufacturer's directions for use and all applicable U.S.
Food and Drug Administration (FDA) requirements.
(11)
Reusable cloth items shall be mechanically washed with detergent
and dried after each use. The cloth items shall be stored in a dry,
clean environment until used.
B.
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.
C.
Information to be kept on file. The following information shall be
kept on file on the premises of a body art establishment and shall
be available for inspection by the Board:
(3)
A complete description of all body art procedures performed.
(4)
Aftercare instructions for 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 the names
of the manufacturers and serial or lot numbers, if applicable. Invoices
or orders shall satisfy this requirement.
(6)
A copy of the service agreement for the sterilizer.
(7)
Copies of all signed and dated release forms.
(8)
A copy of this chapter.
D.
It shall be unlawful for any person to perform body art procedures
unless such procedures are performed in a body art establishment with
a current permit.
E.
Each body art practitioner shall be a minimum of 18 years of age.
F.
Each body art practitioner shall perform all body art procedures
in accordance with standard precautions set forth by the U.S. Centers
for Disease Control and Prevention.
G.
Smoking, eating, or drinking are prohibited in the area where body
art procedures are performed.
H.
Operators and/or practitioners shall refuse service to any person
who, in the opinion of the operator and/or practitioner, is under
the influence of alcohol or drugs.
I.
The practitioner shall maintain a high degree of personal cleanliness,
conform to hygienic practices, and wear clean clothes when performing
body art procedures. Before performing body art procedures, the practitioner
shall 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.
J.
In performing body art procedures, the practitioner shall wear disposable
single-use gloves. Gloves shall be changed if they become 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 before the next set of gloves is donned. Under no
circumstances shall a single pair of gloves be used on more than one
person. The use of disposable single-use gloves shall not preclude
or substitute for handwashing procedures as part of a good personal
hygiene program.
(1)
If, while performing a body art procedure, the practitioner's glove is pierced, torn, or otherwise contaminated, the procedure delineated in Subsection I above shall be repeated immediately. The contaminated gloves shall be immediately discarded and the hands washed thoroughly (see Subsection I above) before a fresh pair of gloves is applied. 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 new sterilized instrument or item before the procedure resumes.
K.
Contaminated waste, as defined in this chapter, that may release
liquid blood or body fluids when compressed or may release dried blood
or body fluids when handled shall be placed in an approved "red" bag
marked with the International Biohazard Symbol. It shall then be disposed
in accordance with 105 CMR 480.000: Minimum Requirements for the Management
of Medical or Biological Waste (State Sanitary Code Chapter VIII)
or, at a minimum, in compliance with 29 CFR 1910.1030, "Bloodborne
pathogens." Used sharps ready for disposal shall be disposed of in
approved sharps containers. Contaminated waste that does not release
liquid blood or body fluids when compressed or may release dried blood
or body fluids when handled may be placed in a covered receptacle
and disposed of through normal, approved disposal methods. Storage
of contaminated waste on site shall not exceed 30 days, as specified
in 29 CFR 1910.1030.
L.
No practitioner shall perform any body art procedure upon a client
who appears to be under 25 years of age without the client presenting
a valid state-issued picture identification card or driver's
license with an appropriate photograph to confirm that the client
is 18 years of age or older. No practitioner shall perform any body
art procedure upon a client under the age of 18 years without the
presence, consent, and proper identification of a parent, legal custodial
parent, or legal guardian. Nothing in this section is intended to
require a practitioner to perform any body art procedure on a person
under 18 years of age regardless of parental or guardian consent.
M.
The skin of the client shall be free of rash or visible infection.
No body art procedure shall be performed upon any client affected
with boils, infected wounds, open sores, abrasions, weeping dermatological
lesions, or acute respiratory infections.
N.
The skin of the practitioner shall be free of rash or infection.
No person, operator, or 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 the person, operator,
or practitioner could contaminate body art equipment, supplies, or
working surfaces with body substances or pathogenic organisms.
O.
Proof shall be provided upon request by the Board that all practitioners
in a body art establishment have either completed or were offered
and declined, in writing, the Hepatitis B vaccination series. This
offering should be included as a pre-employment requirement.
A.
All establishments shall prominently display, and give to each client,
a disclosure statement, provided by the Department, which advises
the public of the risks and possible consequences of body art procedures.
B.
Verbal and written instructions, provided by the Department, for
the aftercare of the body art procedure site shall be provided to
each client by the operator or practitioner upon completion of the
procedure.
(1)
(2)
These documents shall be signed and dated by both parties, with a
copy given to the client and the operator and/or practitioner retaining
the original with all other required records.
C.
The facility permit holder shall also post in public view the address
and phone number of the Board and the procedure for filing a complaint.
A.
Prior to performing any body art procedure, the body art practitioner
shall request the client to complete the following release form, containing
the following health information in a "yes/no" format:
(1)
History of diabetes.
(2)
History of hemophilia (bleeding).
(3)
History of skin diseases, skin lesions, or skin sensitivities to
soaps, disinfectants.
(4)
History of allergies or adverse reactions to pigments, dyes, or other
sensitivities.
(5)
History of epilepsy, seizures, fainting, or narcolepsy.
(6)
The use of medications, such as anticoagulants, which thin the blood
and/or interfere with blood clotting.
(7)
Any other pertinent medical information.
B.
The release form shall contain the following statement:
If you answered "Yes" to any of the previous questions,
please be aware that the performance of any body art procedure may
jeopardize your health. Please consult with your personal physician
as to the advisability and risks of any body art procedure.
In signing this form, I acknowledge that the above
information is accurate and true, that I am aware of the risks associated
with the body art procedure desired, and release the operator and/or
practitioner from any liability associated with the performance of
said body art procedure.
The operator and/or practitioner shall have the client sign
and date the release form, in duplicate, confirming that the above
information was obtained. The owner and/or practitioner shall give
the duplicate release form to the client and retain the original for
their records.
C.
Each operator and/or practitioner shall keep records of all body
art procedures administered, including date, time, identification
and location of the body art procedure(s) performed, and the practitioner's
name. All client records shall be confidential and shall be made available
to the Board upon notification.
D.
Nothing in this section shall be construed to require the practitioner
to perform a body art procedure upon a client.
A written report of any injury, infection complication, or disease
to a client as a result of a body art procedure, or complaint of injury,
infection complication, or disease, shall be forwarded by the owner
and/or practitioner to the Board and to the Department with a copy
to the complainant or injured client within five working days of its
occurrence or knowledge thereof. The report shall include:
A.
The name of the affected client.
B.
The name and location of the body art establishment involved.
C.
The nature of the injury, infection complication, or disease.
D.
The name and address of the affected client's health care provider,
if any.
E.
Any other information considered relevant to the situation.
A.
The body art establishment shall keep a record of all clients who
have had body art procedures performed. The record shall include:
(1)
The name, date of birth, and address of the client.
(2)
The date of the procedure.
(3)
The name of the practitioner who performed the procedure(s).
(4)
The type and location of the procedure(s) performed.
(5)
The signature of the client.
(6)
If the client is a minor, proof of parental or guardian presence
and consent.
(7)
The original copy of the signed and dated release form.
B.
Such records shall be retained for a minimum of three years and shall
be available to the Board upon request. The Board and the body art
establishment shall keep such records confidential.
A.
Before a body art procedure is performed, the immediate skin area
and the areas of skin surrounding where the 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 autoclaved
after each use. Following shaving, the skin and the surrounding area
shall be washed with soap and water. The washing pad shall be discarded
after a single use.
B.
In the event of bleeding, all products used to stop the bleeding
or to absorb blood shall be single-use, discarded immediately after
use in appropriate covered containers, and disposed of in accordance
with 105 CMR 480.000.
A.
All non-single-use, nondisposable instruments used for body art shall
be cleaned thoroughly after each use by scrubbing with an appropriate
soap or disinfectant solution and hot water, a solution of household
chlorine bleach as recommended by the CDC, or by following the manufacturer's
instructions to remove blood and tissue residue, and shall be placed
in an ultrasonic unit operated in accordance with the manufacturer's
instructions.
B.
After being cleaned, all non-disposable instruments used for body
art shall be packed individually in peel-packs and subsequently sterilized.
All peel-packs shall contain either a sterilizer indicator or an internal
temperature indicator. Peel-packs shall be dated with an expiration
date not to exceed six months.
C.
All cleaned, nondisposable instruments used for body art shall be
sterilized in a steam autoclave. The sterilizer shall be used, cleaned,
and maintained in accordance with the manufacturer's instructions.
A copy of the manufacturer's recommended procedures for the operation
of the sterilization unit shall be available for inspection by the
Board.
D.
Sterile equipment shall not be used if the package has been breached
or after the expiration date without first repackaging and resterilizing.
Sterilizers shall be located away from workstations or areas frequented
by the public. If the body art establishment uses only single-use,
disposable instruments and products and uses sterile supplies, an
autoclave shall not be required.
E.
Each holder of a permit to operate a body art establishment shall
demonstrate that the sterilizer 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 sterilizer'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 shall
be made available to the Department upon request. If at any time,
the results of the spore destruction tests indicate that the sterilizer
is not attaining sterilization, the operator and/or practitioner shall
immediately cease operation and inform the Board.
F.
All instruments used for body art procedures shall remain stored
in sterile packages until just prior to the performance of a body
art procedure. When assembling instruments for body art procedures,
the practitioner shall wear disposable medical gloves and use medically
recognized techniques to ensure that the instruments and gloves are
not contaminated.
G.
All inks, dyes, pigments, needles, and equipment shall be specifically
manufactured for performing body art procedures and shall be used
in accordance with the manufacturer's instructions.
H.
The mixing of approved inks, dyes, or pigments, or their dilution,
with potable water is acceptable. Immediately before a tattoo is applied,
the quantity of the ink, dye, or pigment to be used shall be transferred
from the container and placed in a single-use paper or plastic cup.
Upon completion of the tattoo, these cups and their contents shall
be discarded.
A.
All products applied to the skin, including, but not limited to,
needles and body art stencils, shall be single-use and disposable.
B.
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 and in accordance with 105 CMR 480.000.
C.
Petroleum jellies, soaps, and other products used in the application
of stencils shall be dispensed and applied on the area to be tattooed
with sterile gauze or other sterile applicator to prevent contamination
of the original container and its contents. The applicator or gauze
shall be used only once and then discarded.
A.
Body art establishments shall submit a scale drawing and floor plan
of the proposed establishment for a plan review by the Board as part
of the permit application process.
B.
Body art establishment permit.
(1)
No person, firm, partnership, joint venture, association, business
trust, corporation, or organized group of persons may operate a body
art establishment without a valid body art establishment permit from
the Board.
(2)
Any person operating a body art establishment shall obtain an annual
permit from the Board. The Board shall set a reasonable fee for such
permit.
(3)
A permit for a body art establishment shall not be transferable from
one person or place to another.
C.
Body art practitioner permit.
(1)
No person shall practice body art procedures without first obtaining
a body art practitioner permit from the Board. The Board shall set
a reasonable fee for such permits.
(2)
The body art practitioner permit shall be valid from the date of
issuance and shall automatically expire in one year from the date
of issuance unless revoked sooner by the Board.
(3)
An application for a body art practitioner permit shall include:
(a)
Name.
(b)
Date of birth.
(c)
Gender.
(d)
Residence address.
(e)
Mailing address, if different.
(f)
Phone number.
(g)
Place(s) of employment as a practitioner.
(h)
Training and/or experience.
(i)
Proof of attendance at a bloodborne pathogen training program,
or its equivalent, approved by the Board.
(4)
The applicant shall provide documentation of attendance and completion
of courses approved by the Board, or completion of an examination,
on the following subjects:
(5)
Examples of courses approved by the Board include "Preventing Disease
Transmission" (American Red Cross) and "Bloodborne Pathogen Training"
(U.S. OSHA).
(6)
Training or courses provided by professional body art organizations
or associations or by equipment manufacturers may also be submitted
to the Board for approval.
(7)
Proof of liability insurance.
D.
No permit shall be issued unless, following reasonable investigation
by the Board, the body art establishment or practitioner has demonstrated
compliance with the provisions of this chapter.
E.
All permits shall be conditioned upon the continuing compliance with
the provisions of this chapter.
F.
All permits shall be posted in a prominent and conspicuous area where
clients may readily observe them.
A.
All complaints shall be in writing.
B.
The Board shall investigate all complaints received about an establishment's
and/or practitioner's acts or practices which may violate any
of the provisions of this chapter.
C.
If the Board finds that an investigation is not warranted because
the alleged act(s) or practice(s) are not in violation of this chapter,
the Board shall notify the complainant of this finding and the reasons
on which it is based.
D.
If the Board finds that an investigation is warranted because the
alleged act(s) or practice(s) may be in violation of this chapter,
the Board, after an appropriate investigation, shall apply whatever
enforcement action deemed proper to remedy the situation and shall
notify the complainant of its action.
E.
Investigation of complaints may lead to enforcement actions including,
but not limited to, revocation, suspension, or refusal to renew a
permit by the Board.
A.
The Board may deny a permit on any of the following grounds:
(1)
Failure to conform to any provision of this chapter;
(2)
Any actions or omissions which would indicate that the health or
safety of the public would be at risk should a permit be approved;
(3)
Any previous violation of this chapter;
(4)
Any attempt to practice or obtain a permit through fraud, deceit,
or misrepresentation;
(5)
Criminal conduct which the Board determines to be of such a nature
as to render the establishment or practitioner unfit to practice body
art as evidenced by criminal proceedings resulting in conviction,
guilty plea, plea of nolo contendre, or admission of sufficient facts;
(6)
Any other just and sufficient cause which the Board may determine
would render the establishment or practitioner unfit to practice body
art;
(7)
Practicing body art while the ability to practice is impaired by
alcohol, drugs, physical disability, or mental instability;
(8)
Being habitually drunk or being dependent on, or a habitual user
of, narcotics, barbiturates, amphetamines, hallucinogens, or other
drugs having similar effects;
(9)
Knowingly permitting, aiding, or abetting an unauthorized person
to perform activities requiring a permit; or
(10)
Having been disciplined in another jurisdiction in any way by
the proper permitting authority for reasons substantially the same
as those set forth in this chapter.
B.
The Board may deny a permit only after a hearing conducted by the
Board.
C.
Applicants denied a permit may reapply six months after denial.
A.
The Board may revoke or refuse to renew a permit on the following
grounds, each of which, in and of itself, shall constitute full and
adequate grounds for revocation or the refusal to renew:
(1)
Fraud or misrepresentation in obtaining a permit, or its renewal;
(2)
Criminal conduct which the Board determines to be of such a nature
as to render the establishment or practitioner unfit to practice body
art as evidenced by criminal proceedings resulting in conviction,
guilty plea, plea of nolo contendre, or admission of sufficient facts;
(3)
A violation of any provision of this chapter;
(4)
Any other just and sufficient cause which the Board may determine
would render the establishment or practitioner unfit to practice body
art;
(5)
Practicing body art while the ability to practice is impaired by
alcohol, drugs, physical disability, or mental instability;
(6)
Being habitually drunk or being dependent on, or a habitual user
of, narcotics, barbiturates, amphetamines, hallucinogens, or other
drugs having similar effects;
(7)
Knowingly permitting, aiding, or abetting an unauthorized person
to perform activities requiring a permit;
(8)
Continuing to practice while their 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 this chapter; or
(10)
The refusal to practice body art on a person because of such
person's race,
B.
The Board may revoke or refuse to renew a permit only after a hearing
conducted by the Board.
The Board may summarily suspend a permit pending a final hearing
on the merits of the question of revocation if, based upon the evidence
before it, the Board determines that an establishment and/or 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.
Right to a hearing. Unless otherwise specified in this chapter, any
person or persons served any order pursuant to any provision of this
chapter may request a hearing before the Board by filing a written
petition, provided that such petition is filed with the Board within
seven days of receipt of such an order.
B.
Hearing notice. Upon receipt of a petition, the Board shall inform
the petitioner and any other affected parties, in writing, of the
date, time, and place of the hearing and of their right to inspect
and copy the Board's file concerning the matter to be heard.
C.
Time of hearing. The hearing shall commence not later than 21 calendar
days after the date the order was received.
D.
Hearing procedures. At the hearing, the petitioner and any other
affected parties shall be given an opportunity to be heard, to present
witnesses or documentary evidence, and to show cause why an order
should be modified or withdrawn.
E.
Final decisions after a hearing.
(1)
The Board shall sustain, modify, or withdraw the order and shall
inform the petitioner, in writing, of its decision within seven days
after the conclusion of the hearing. If the Board sustains or modifies
the order, it shall be carried out within the time period allotted
in the original order or in the modification.
(2)
If a written petition for a hearing is not filed with the Board within
seven days of receipt of the order or, if after a hearing, the order
has been sustained in whole or in part, each day's failure to
comply with the order as issued or modified shall constitute an additional
offense.
F.
Appeal of the final decisions. Any person aggrieved by the final
decision of the Board may seek relief therefrom within 30 days in
any court of competent jurisdiction, as provided for by the laws of
this commonwealth.
A.
Any person who shall violate any provision of this chapter for which
penalty is not otherwise provided in any of the General Laws of the
Commonwealth or in any other provision of this chapter shall, upon
conviction, be fined not less than $10 nor more than $500.
B.
Any person who shall fail to comply with any order issued pursuant
to any provision of this chapter shall, upon conviction, be fined
not less than $10 nor more than $500.
If any provision of this regulation is declared invalid by a
court of competent jurisdiction, such invalidity shall not affect
any remaining provisions of this regulation. Any part of these regulations
subsequently invalidated by a new state law or modification of an
existing state law shall automatically be brought into conformity
with the new or amended law and shall be deemed to be effective immediately.
