The purpose of this regulation is to provide minimum requirements
to be met by any person performing body art upon any individual and
for any establishment where body art is performed. These requirements
shall include, but not be limited to, general sanitation of premises
wherein body art is to be performed and sterilization of instruments.
These rules and regulations are necessary to protect the health, safety
and welfare of the public by preventing diseases.
These regulations are promulgated under the authority granted
to the Board of Health under MGL c. 111, § 31.
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 20 CFR 1910.1030, entitled "Occupational
Exposure to Bloodborne Pathogens."
The Board of Health that has jurisdiction in the community
in which a body art establishment is located including the Board or
officer having like powers and duties in towns where there is no 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, microblading, 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.
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 semi-liquid blood or other potentially infectious material;
contaminated items that would release blood or other potentially infectious
material in a liquid or semi-liquid 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," "micro pigment implantation"
or "dermal pigmentation," 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,
nonintact skin or parenteral contact with the blood or bodily fluids
of another person or contact of an eye, mouth or other mucous membrane,
nonintact 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 110° 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.
A form of semi-permanent cosmetic tattooing that requires
the use of a small tool with very small needles, instead of using
a traditional tattoo gun, which are used to manually draw delicate
linework while also depositing pigment under the skin.
Any person under the age of 18 years.
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, or jointly or severally with
others, owns, or controls an establishment, but is not a body art
practitioner.
Board approval in writing to either 1) operate a body art
establishment or 2) as a body art practitioner within a body art establishment.
Board 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'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, leakproof 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
matter, 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.
