DRAFT
Body ART
Regulations:
TOWN OF BOARD OF HEALTH
RATIONALE: The Town of ____________________ is
promulgating rules and regulations, which 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 public’s health by preventing diseases, specifically including, but not
limited to transmission of hepatitis B and/or human immunodeficiency virus
(aids).
In addition, these rules and regulations shall
establish procedures for registration with the ___________________ Board of
Health (BoH) of all persons performing body art, for the requirement of minimal
training standards for the prevention of disease transmission and for knowledge
of anatomy and physiology, for regular inspection of premises wherein body art
is performed, and for revocation of the registration of any person or
establishment deemed in violation of the rules and regulations promulgated
under this section. An annual, non-transferable registration fee set the
Town/City of __________________ shall be paid by any person or establishment
registered under this section.
Authority.
The Board of
Health, Town/City of _______________________ Massachusetts acting under the Authority of Massachusetts General
Laws Chapter 111, section 31, 122 and Chapter 140, section 51, adopts the following rules and regulations
governing the licensing and practice of body art and the operation of an
establishment for body art.
SECTION 1- DEFINITION
1. Body Art; shall mean any method of inserting a
needle into the body to place jewelry in the perforation produced by the needle
and/or indelible colors, so as to leave permanent marks or designs.
Establishments and/or individuals involved in the piercing of ear(s) (only)
using approved ear piercing guns are subject only to the General Rules and
Regulations found under Section 2 of this regulation.
2. Body Artist; shall mean any person who performs
piercing or tattooing of any part of body other than the ear which is pierced
by use of an appropriate piercing gun or needle.
3. Body Art
Certificate of Registration (Permit); means issuance of a written instrument
authorizing the person named therein to engage in the work of body art.
4. Operator
shall mean any person who owns, controls, operates, conducts or manages any
body art establishment, whether actually performing the work of art or not.
5. Minor;
shall mean any person under the age of eighteen (18).
6. 'Art
Studio; shall mean any room or space where piercing or tattooing is practiced
or where the business of piercing or tattooing is conducted or any part
thereof.
7. Antibacterial Solution; means any solution used
to retard the growth of bacteria approved for application to human skin and
includes all products so labeled.
8. Germicidal
Solution; means any solution which destroys germs, and is so labeled.
9. Sterilization; means holding in an autoclave for
thirty (30) minutes, at twenty (20) pounds pressure, at a temperature of 275
degrees Fahrenheit.
10. Sanitary; means clean and free of agents of
infection or disease.
11. Sanitized; means effective bacterial treatment
by a process that provides sufficient concentration of chemicals for enough
time to reduce the bacteria count including pathogens to a safe level on
equipment.
12. BoH; means the __________________________ Board
of Health and it’s Agent(s).
13. Registration; means permit.
SECTION 2 - GENERAL RULES AND REGULATIONS REGARDING
BODY ART.
1. No minors
shall receive body art, shall mean any person under the age of eighteen years,
unless accompanied by a parent or legal guardian who has signed a consent form.
2. No art
of the genitalia of minors shall be allowed.
3. No
piercing or tattooing of animals shall be allowed in body art studios.
4. Pre-procedural
consultation to discuss body art, its risks and potential complications shall
be required with each client. An informed consent form shall be signed by all
clients. Clients shall be supplied a copy of the consent form and the consent
form shall be kept on file by the body artist for a minimum 1 year.
5. Clients
should be told to consult with their physician regarding any medical condition
which could be exacerbated by the body art procedures (i.e., hemophilia, open
sores, etc.).
6. Patrons
who admit to or are obviously under the influence of alcohol or other judgment
altering drugs shall not receive a body art.
7. Body
artist shall not be under the influence of any substance, legal or illegal
which might impair their judgement or ability to properly perform body art.
8. Patrons
shall receive verbal and written instructions on the cleaning, use of
antiseptics and other specific instructions for each piercing and or tattooing
before and after the procedure, including the signs and symptoms of
complications.
9. Appropriate
disinfectants must be used to disinfect the surface of the skin in the area to
have the body art, prior to the procedure.
10. Infections and adverse
reactions of any kind suspected from the application of body art procedure
which become known to the body artist shall be reported to the
_________________ Board of Health within 24 hours and the patron referred to a
physician for examination.
11. Body artists who receive
needle stick injuries and/or any potential exposure to blood-borne pathogens on
the job shall follow OSHA guidelines on the reporting and follow up on needle
stick injuries. OSHA guidelines for needle stick follow up shall be posted in
employee area. (Code of Federal Regulations 29 CFR 1910.1030 (f)).
12. It is
required that body artist receive the series of Hepatitis B vaccinations and
tetanus doses or booster shot. A physicians statement shall be on file with the
local, Board of Health and on record at the facility for review by the Health
Department.
13. The gun
used for the piercing of ear(s) only must be disinfected with an EPA-approved
disinfectant such as madicide or a similar product.
14. Failure to comply with any of the above
regulations may result in immediate revocation of registration (permit) and or
fines per day of violation.
SECTION 3 BODY ART REGISTRATION (PERMIT).
1. No person,
or body artist shall perform body art, display a sign or in any other way
advertise or purport to be a body artist unless that person holds a valid
certificate of registration, (permit) with the _________________________- Board
of Health.
2. An
applicant for registration or renewal shall pay a fee as established by the
___________________ Board of Health and shall show to the satisfaction of the
BoH that the applicant:
a. Has
complied with the applicable rules on the _____________________________Board of
Health.
b. Upon
application, has provided evidence in the form of a drivers license/state
identification card or federal identification card that applicant is not less
than 21 years of age. A photocopy of the I.D. shall be on file.
c. Upon
application, has signed a form consenting to abide by the rules and regulations
and recommended procedures on the prevention of disease transmission in body
art, sanitation, sterilization, handling of infections, universal body fluid
precautions, sharp and biologic waste disposal and wound care as stated in the
Federal Register of EPA Rules and Regulations on Blood borne Pathogens.
d.
Upon
application, shall notify the _________________ Board of Health in writing of
the regular address of the place where the person performs or intends to
perform body art and shall keep the registration certificate conspicuously
posted in the place of business at all times. Body art shall operated only out
of facilities licensed to perform body art. Body art shall be required to
demonstrate proper sanitary procedures and to develop and submit their policy
on infection control to the _________________________Board of Health.
SECTION 4- MINIMAL TRAINING
Body art and their employees must show evidence or
current certification and completing of courses in the first two areas below,
prior to receipt of a certificate of registration, (permit).
1. Basic
Training in First Aid and advanced CPR as well as proof of attendance at
required renewal courses.
2. Completion
of a course on Prevention of Disease Transmission and Blood borne Pathogens,
conducted by an instructor trained and sufficiently knowledgeable to teach this
OSHA course. Such knowledge shall include the requirements of standards 29 CFR
19010.1030.
3. Body art
registration, (Permit) shall expire on December 31 of each year.
4. The place
of business shall meet all other Health department requirements.
5. Liability
Insurance is strongly recommended for Body Artists.
6. Body
artists must present evidence of at least one year of apprenticeship experience
with no history of their artistry causing short or long term health problems.
Apprentices must register with the Health Board when beginning the
apprenticeship and have completed items 1 & 2 of section 4.
SECTION 5- FACILITIES AND EQUIPMENT
1. FACILITY
a. Facilities
must be located in area zoned for this type of business.
b. Studio
design, furniture, lighting, plumbing, water and sewage must be in accordance
with State Codes and local ordinances.
c. With the
exception of service animals (e.g. guide dogs); no animals should be allowed on
the premises.
d. The floor
and all other surfaces shall be, at all times maintained in a clean condition.
The walls and ceilings shall be kept clean in good repair at all times. Light
fixtures, decorative materials and similar equipment attached to the walls or
ceilings shall be kept clean.
e. Adequate
ventilation (such as air conditioning, etc.) to keep the area dry and air
circulating should be used. “Adequate Ventilation”; shall mean a free and
unrestricted circulation of fresh air throughout the body art studio and the
expulsion of foul or stagnant air.) The use of a H.E.P.A. ventilation system is
highly recommended.
f. Convenient,
clean, and sanitary toilet and hand washing facilities shall be made accessible
to customers. A sign shall be posted in the bathroom which forbids insertion or
handling or piercing/jewelry. The plumbing fixtures and toilet room shall be
maintained in a sanitary manner and in good repair. Single service hand towels
or mechanical means for hand drying shall be provided.
g. In
accordance with state regulations proper biologic waste and sharp disposal of
single-use items and needles exposed to body fluids shall be required. Only
medical grade sharps containers that are puncture-resistant, with
tight-fitting-lids acceptable. A contact for “red bag waste” shall be on file
with the local Board of Health.
h. Body
artists shall be equipped with appropriate sterilizing equipment.(i.e. a
working steam autoclave). Autoclaves must be spore tested monthly by
independent laboratories to insure they are working adequately.
i. Body
artists shall be equipped with appropriate cleansing equipment. (i.e. a working
ultrasonic cleaner.)
2. WORK AREA
a. Each body
artist’s studio shall have a separate work area not used for any other purpose.
b. No one
shall have body art conducted on him or her at any other location in the studio
other than the work area.
c. No
customer should be allowed to perform their own piercing/insertions or body
artwork anywhere on the premises.
d. Work areas
shall not be used as a corridor for access to other rooms.
e. The area
where body art is to be applied must be performed in a separate room.
f. The
floors, chairs and tabletops where body art equipment and body art work is done
should be non-porous. Carpet is not permitted as a floor covering in the work
area where the body art is applied.
g. The work
area should be well lighted. Work areas shall have at least fifty (50) foot
candles of light measured at the height of the worktable.
h. Facilities
shall be equipped with sinks and basins with hot and cold running water for the
exclusive use of the body artist for washing their hands and preparing their
clients for body piercing. The bathroom sinks shall not act as the sink for
this operation.
i. A covered
waste receptacle with disposable liner bags shall be located in the work area.
j. No person
shall smoke, consume any food or drink in the work area.
k. No other
activities, (such as hair styling, etc.) shall be performed in any room
designated for body art.
SECTION 6- OPERATION PROCEDURES FOR STUDIOS FOR BODY
ART.
1. SANITARY
PROCEDURES BEFORE BODY ART PROCEDURE.
Body Artist Shall:
a. Complete
all business transactions.
b. Complete
client consent forms and provide a copy to the client.
Regarding Artists Jewelry:
a. Client and
artists should have appropriate size and quality jewelry chosen before the
procedure begins.
b. 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 which might endanger the tissues.
c. Ear studs
or other jewelry designed for ear piercing are not appropriate jewelry for
other body parts and must not be used by artists.
2. HAND
WASHING; GENERAL HEALTH
Before working on each patron, the body artist
shall:
a. Inspect
hands for small cuts and abrasions.
b. Refrain
from body art or handling equipment if they have open sores, weeping dermatitis
or lesions on hands or arms until the condition has cleared.
c. Refrain
from body art, piercing or tattooing until the condition has cleared, if they
have a cold, flu or other communicable disease.
d. Wash
hands, wrists and up to elbows with antibacterial solution.
e. Dry hands
thoroughly with single use disposable towel such as a paper towel or air dry
under a heat dryer.
f. Put on
medical-grade latex (or its equivalent) gloves.
SECTION 7-
BODY ARTIST PROCEDURES
Body Artist Shall:
a. Set up
equipment in front of client.
b. Sealed
autoclave bags containing any equipment required to be sterile, shall be opened
in front of the client, and the autoclave bag discarded.
c. All
jewelry contaminated with only airborne pathogens (not previously worn or
contaminated) should be disinfected with a non-hazardous hard-surface
disinfectant approved by the E.P.A. All jewelry contaminated or potentially
contaminated with blood borne pathogens (previously worn by another person)
should be autoclaved, stored in sterile indicator bags, sealed and dated.
d. All
needles and or indelible colors used in piercing or tattooing must be
pre-sterilized, used on one person, in one sitting, for single piercing and
immediately disposed of in a medical sharps container.
e. All
forceps, tubes, etc. must be pre-sterilized stored in sterile indicator bags,
sealed and dated, used on one person, in one sitting. After one such use, they
must be autoclaved and stored in sterile indicator bags, sealed and dated.
SECTION 8- DISINFECTIONS ROUTINE
Body Artist Shall:
a. Put on
fresh (non Latex) gloves for disinfection routine.
b. Move in
such manner to avoid re-contamination of surfaces.
c. Discard
disposable items and remove from areas.
d. Remove
plastic barrier film (if used) and disinfect surface areas, drawer pulls,
cabinetry, telephones, lamps, chairs) sinks, ultrasonic tanks, tables, chairs,
floor area and any other surfaces that might have become contaminated.
e. Dispose of
single use (disposable) lap cloths.
f. Remove
gloves, wash hands and discard gloves.
g. Double bag
or use bio-hazard bags and discard materials after each client.
h. Discard
materials in medically appropriate manner.
1. All
reusable non-sterilizable implements such as marking pen should be nonporous
and disinfected after each use with an EPA approved hard-surface disinfection
liquid.
2. Non-spray wipes for surfaces and liquids for
soaking jewelry are preferred over spray disinfectants which may disperse
pathogens into the air.
J. Cleansing
with ultrasonic cleaners should be the rule for removal of bacitracin or other
triple antibiotic solutions, blood and other particles from a used contaminated
implement (i.e. jewelry, forceps, insertion tapers, and pliers) followed by
steam autoclave.
k. Steam
autoclave must be used on all equipment~that may come in contact with the
client or the jewelry (i.e. receiving tubes) rubber bands, insertion tapers,
forceps, files, gauge wheels, pliers, etc.). Equipment shall be bagged, dated
and sealed and stored in a non-porous, dark dry cool place such as a medical
Credenza) etc. Spore indicators shall be used with each load to ensure spore
eradication. Instruments shall be autoclaved at a temperature of 273 degrees F
under pressure of 20 PSI for 30 minutes from start.
l. Autoclaves shall be spore tested by independent
laboratories at lease once every month to induce efficacy. Immersion in cold
germicidal solutions provides incomplete sterilization and is inappropriate.
Appropriate ear piercing guns should only be used for piercing ear(s) and shall
not be used for piercing any other body part.
m. Iodine,
antiseptics and other ointments used shall be applied with single use
applicators. Applicators that have touched a client once may not be used to
retrieve antiseptics, iodine, etc. from containers and shall be disposed of
after single use.
DISPOSAL OF WASTE IN ACCORDANCE WITH INFECTIOUS
WASTE REGULATIONS.
1. Bar
setups, piercing needles) razor blades or other sharp instruments which are not
to be sterilized shall be disposed of in medically approved sharp containers
that are puncture resistant and have tight fitting lids.
2. Containers
of sharp wastes shall be sent to a facility where they are either incinerated
or otherwise rendered non-hazardous.
3. Disposable
waste shall be placed in easily cleanable, closed containers with tight fitting
lids, to prevent leakage or spoilage.
4. Waste
containers shall be kept closed when not in use.
5. Disposable
waste shall be handled, stored, and disposed of to minimize direct exposure of
personnel to waste materials.
6.
Only
waste haulers licensed by the _____________________ Board of Health's may be
used for disposal of waste materials.
7.
A
copy of the contract with a waste hauler shall be provided upon request to the
Health Agent.
SECTION 8- MOBILE ESTABLISHMENTS:
1. Mobile
body art studios shall not be allowed to operate in the Town of
_________________.
SECTION 9- FEES
1. A
registration (permit) fee in the amount established by the Town of
_________________ shall be required of all persons registering as body artist.
2. Payment of fees shall be made at the
________________________ Board of Health Department, _______________________
Street, ______________________, MA. CHECK MADE PAYABLE TO THE TOWN OF
_________________________.
3. A REGISTRATION FEE OF $100.00 PER FACILITY AND
$25.00 PER OPERATOR IS HEREBY ESTABLISHED. FEES ARE UP TO YOUR BOARD.
SECTION 10- ENFORCEMENT PROCEDURES:
The Body Artist registration shall be suspended
immediately upon notice to the holder (without a hearing) when BoH has reason
to believe that an imminent health hazard exists.
1. In all
other instances of violation of the provisions of this administrative
regulation the _______________________ Board of Health shall serve the
registrant (PERMIT HOLDER) a written notice specifying the violation(s) and
afford the registrant or certificate holder a reasonable opportunity to correct
the same and or the issuance of a non-criminal ticket and or court complaint.
a. Whenever a
registrant has failed to comply with any written notice issued under the
provisions of this administrative regulation the Registration.
b. The holder
of the body art registration (permit) shall be notified in writing that the
registration or certificate shall be suspended at the end of ten (10) days
following the service of the notice unless a request for a hearing is made
within the (10) day period. This does not prohibit the BoH to suspend a permit
after a hearing.
c. Any person
whose registration has been suspended may make a request in writing for
reinstatement of the registration.
d. For
serious or repeated violations of any of the requirements of this
administrative regulation or for interference with the BoH in the performance
of its duties, or for persons found guilty of any crime related to body art,
the body art registration may be permanently revoked after an opportunity for a
hearing has been provided.
e. Every
person who shall perform body art without a certificate of registration may be
penalized by indictment or on complaint brought in the district court. Except
as may be otherwise provided by law and 'as the district court may see fit to
impose, the maximum penalty for each violation, or offense brought in such a
manner, shall be three hundred dollars per violation per day.
f.
Body
Art of minors - Every person who shall perform body art on any minor under the
age of eighteen, (18) without the written consent and presence of a parent or
legal guardian for parts other than the genitalia areas of minors which shall
not be pierced or tattoo, may be penalized by indictment or on complaint
brought in the district court. Except as may be otherwise provided by law and
as the district court may see fit to impose, the maximum penalty for each
violation, or offense brought in such a manner, shall be three hundred dollars,
per violation per day.
g. TICKET ENFORCEMENT UNDER G.L. c. 40 s 21D:
Board of Health Body Art regulation.
A.
Fine
allowed: one hundred dollars ($100.)
B.
Enforcement
Agent: Board of Health Agent
C. Fine Schedule: first offense, twenty five dollars ($25.00); second offense, fifty dollars ($50.00); third and subsequent offenses, one hundred dollars ($100.00)
SECTION 11 - SEVERABILITY
If any section, paragraph, sentences, clause, phrase
or word of this ordinance shall be declared invalid for any reason whatsoever,
that decision shall not affect any other portion of these regulations.
SECTION 12 Effective Date:
December
, 2000
By vote of the: Board of
Health
._______________________________
._______________________________
._______________________________
Application for Body Art Certificate of Registration, (Permit) in the
Town of _________________
Complete and return this form with registration fee
(made payable to: Town of _________________.
_____________________________ Board of Health
Town Hall ________________ Street
__________________________, MA 01
Upon satisfactory review of the application and
receipt of the registration fee, a numbered registration certificate, (Permit)
will be issued by the _________________________ Board of Health.
New Application _______ Renewal__________
1. Name:______________________________________________
(Last
Name) (First Name) (Middle)
2. Date of
Birth:_______________________
(Month) (Day) (Year)
3. Identification
Card:___________________________________
State Drivers License or State Identification Card
4. Facility
Name:_______________________________________
5. Facility
Address:_____________________________________
6. Facility
Telephone:___________________________________
7. Provide
the following:
A. Evidence of
course completion in Preventing Disease Transmission. (Applicant must show a
dated certificate of completion from either American Red Cross or Association
of Professional Body Artist.
B. Evidence of
current certification in First Aid/CPR. (Applicant must show a dated
certificate of completion of a course in First Aid/CPR which demonstrates the
required course was completed within the last two (2) years).
C. Proof of
completion of a course in Anatomy and Physiology
D. Proof of
one (1) year of apprenticeship training.
APPLICANT/BODY ARTIST STATEMENT OF CONSENT:
I understand that this registration expires on
December 31 of this year. I understand that any notice required to be given by
the _____________________Board of Health to me may be given by mailing the
notice to the address of the last place of business facility address) of which
I have notified the _______________________ Board of Health. I have received a
copy of the __________________ Board of Health's regulations and recommended
infection control procedures regarding body piercing. I agree to abide by these
regulations and procedures. I agree to work only out of facilities that are in
compliance with ____________________ Board of Health requirements. I agree to
post the following valid and updated documents conspicuously in my place of
business at all times:
Certificate of Registration for all body art working
in the facility, A signed copy of an agreement to comply with ________________
Board of Health Rules and Regulations for Body Art, which contains the
Recommended Procedures and Infection Control Practices for Body Art.
A signed copy of compliance with
______________________ Board of Health Recommended Procedures and Infection
Control Practices for Body Art.
I hereby certify, under pains and penalties of
perjury, that to the best of my knowledge, the information provided on this
application is complete and accurate and not misrepresented in any way.
Date
Signature:_____________________________
Name and Title
(print)_______________________________
Office Use Only: [ ]
Approved Effective
Date: _________________ Registration
Fee Paid: _____________
[ ] Disapproved, Comment:
_________________________________________
CLIENT'S CONSENT FORM
A client consent form for receiving body art MUST
contain at least the following information and must be kept on file by the Body
Art for a minimum of three years.
Clients Name:__________________________________
Record of Clients Form of Identification NOTE: for
your own protection, make a photocopy of both sides of the identification
card). Photo ID only. IF YOU HAVE ANY DOUBTS ABOUT THE AUTHENTICITY OF THE
IDENTIFICATION, DO NOT CONDUCT A BODY ART PROCEDURE ON THE CLIENT!
Signed statements from the client which include the
following:
I certify that I am at least 18 years of age and
have provided legitimate identification to validate this.
I am not currently under the influence of alcohol or
drugs that might impair my judgment.
I have:
[ ] reviewed ordinance section on sanitary
procedures for body art,
[ ]been informed of the risks of receiving body art,
including the possibility of allergic reaction to jewelry and materials,
[ ]been given a care/instruction sheet on how to
take care of my body art,
[ ]been informed of procedures for reporting any
complications with the body art to the body artist and to medical personnel.
Client's Signature:
_________________________________