State of Massachusetts
Model Regulations for
Body Art Establishments January 23, 2001
Section:
1. Purpose and Scope
2. Definitions
3. Exemptions
4. Restrictions
5. Operation of Body Art Establishments
6. Standards of Practice
7. Injury Reports
8. Complaints
9. Application for Body Art Establishment Permit
10. Application for Body Art Practitioner Permit
11. Grounds for Denial of Permit, Revocation of Permit or
Refusal to Renew Permit
12. Grounds for Suspension of Permit
13. Procedure for Hearings
14. Unauthorized Practice of Body Art
15. Severability
1. Purpose and Scope
The purpose of the Model Regulations for Body Art
Establishments is to set forth a model
regulatory scheme for use by communities where Boards of
Health seek to enact regulations
governing the practice of body art.
2. Definitions
Aftercare means 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.
Applicant means any person who applies to the Board of
Health for either a body art
establishment permit or practitioner permit.
Autoclave means an apparatus for sterilization utilizing
steam pressure at a specific
temperature over a period of time.
Autoclaving means 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 thirty
minutes at 20 pounds of pressure (PSI) at a temperature of
270 degrees Fahrenheit.
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Bloodborne Pathogens Standard means OSHA Guidelines
contained in 29 CFR
1910.1030, entitled "Occupational Exposure to
Bloodborne Pathogens.”
Board of Health or Board means 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.
Body Art means 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 are
prohibited.
Body Art Establishment or establishment means 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.
Body Art Practitioner or practitioner means 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.
Body Piercing means 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.
Branding means 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.
Client means a member of the public who requests a body art
procedure at a body art
establishment.
Contaminated Waste means 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.
Department means the Department of Public Health or its
authorized representatives.
Disinfectant means a product registered as a disinfectant
by the U.S. Environmental
Protection Agency (EPA).
Disinfection means the destruction of disease-causing
microorganisms on inan-imate
objects or surfaces, thereby rendering these objects safe
for use or handling.
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Ear piercing means the puncturing of the lobe of the ear
with a presterilized single-use
stud-and-clasp ear-piercing system following the
manufacturer's instructions.
Equipment means 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.
Hand Sink means a lavatory equipped with hot and cold
running water under pressure,
used solely for washing hands, arms, or other portions of
the body.
Hot water means water that attains and maintains a
temperature 110º-130ºF.
Instruments Used for Body Art means 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.
Invasive means 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.
Jewelry means 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.
Minor means any person under the age of eighteen (18)
years.
Operator means any person who individually, or jointly or
severally with others, owns,
or controls an establishment, but is not a body art
practitioner.
Permit means Board approval in writing to either (1)
operate a body art establish-ment
or (2) operate 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 model
regulations. Said permit is exclusive of the
establishment’s compliance with other
licensing or permitting requirements that may exist within
community or political
subdivision comprising the Board’s jurisdiction.
Person means an individual, any form of business or social
organization or any other
non-governmental legal entity, including but not limited to
corporations, partnerships,
limited-liability companies, associations, trusts or
unincorporated organizations.
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Physician means an individual licensed as a qualified
physician by the Board of
Registration in Medicine pursuant to M.G.L. c. 112 § 2.
Procedure surface means 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.
Sanitary means clean and free of agents of infection or
disease.
Sanitize means the application of a U.S. EPA registered
sanitizer on a cleaned surface in
accordance with the label instructions.
Scarification means 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.
Sharps means 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.
Sharps Container means 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.
Single Use Items means 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.
Sterilize means the use of a physical or chemical procedure
to destroy all microbial life
including highly resistant bacterial endospores.
Tattoo means the indelible mark, figure or decorative
design introduced by insertion of
dyes or pigments into or under the subcutaneous portion of
the skin.
Tattooing means 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.
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Ultrasonic Cleaning Unit means 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.
Universal Precautions means 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, Vo1.38 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, Vo1.40, 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.
3. Exemptions
(A) Physicians licensed in accordance with M.G.L. 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.
4. Restrictions
(A) No tattooing, piercing of genitalia, branding or
scarification shall be performed
on a person under the age of 18.
(B) Body piercing, other than piercing the genitalia, may
be performed on a person
under the age of 18 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.
5. Operation of Body Art Establishments
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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) Walls, floors, ceilings, and procedure surfaces shall
be smooth, free of
open holes or cracks, light-colored, washable, and in good
repair.
Walls, floors, and ceilings shall be maintained in a clean
condition. All
procedure surfaces, including client chairs/benches, shall
be of such
construction as to be easily cleaned and sanitized after
each client.
(2) 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.
(3) The establishment shall take all measures necessary to
ensure against
the presence or breeding of insects, vermin, and rodents
within the
establishment.
(4) Each body art station shall have a minimum of 45 square
feet of floor
space for each practitioner. Each establishment shall have
an area that
may be screened from public view for clients requesting
privacy.
Multiple body art stations shall be separated by a dividers
or partition at
a minimum.
(5) The establishment shall be well ventilated and provided
with an artificial
light source equivalent to at least 20 foot candles 3 feet
off the floor,
except that at least 100 foot candles 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
stored in fixed dispensers shall be readily accessible
within the
establishment. Each operator area shall have a hand sink.
(7) 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.
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(8) At least one covered, foot operated waste receptacle
shall be provided
in each operator area and each toilet room. Receptacles in
the operator
area shall be emptied daily. Solid waste shall be stored in
covered,
leakproof, rodent-resistant containers and shall be removed
from the
premises at least weekly.
(9) At least one janitorial sink shall be provided in each
body art
establishment for use in cleaning the establishment and
proper disposal
of non-contaminated liquid wastes in accordance with all
applicable
Federal, state and local laws. Said sink shall be of
adequate size
equipped with hot and cold running water under pressure and
permit the
cleaning of the establishment and any equipment used for
cleaning.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) Smoking, eating, or drinking is prohibited in the area
where body art is
performed, with the exception of 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.
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(2) All products applied to the skin, such as but not
limited to body art
stencils, applicators, gauze and razors, shall be single
use and
disposable.
(3) Hollow bore needles or needles with a 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
caps. 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 non-disposable 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 operated in accordance with
manufacturer's
instructions.
(2) After being cleaned, all non-disposable instruments
used for body art
shall be packed individually in sterilizer packs and
subsequently
sterilized in a steam autoclave. 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 (6)
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
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received by the Board. These test records shall be retained
by the
operator for a period of three (3) 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 sterile
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 techniques to ensure that the instruments and
gloves are not
contaminated.
(9) 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.
(D) Posting Requirements
The following shall be prominently displayed:
(1) A Disclosure Statement, a model of which shall be
available from the
Department. 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 local Board
of Health that
has jurisdiction and the procedure for filing a complaint.
(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;
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(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
The establishment shall maintain the following records in a
secure place for a minimum
of three (3) years, and such records shall be made
available to the Board upon request:
(1) Establishment information, which shall include:
(a) establishment name;
(b) hours of operation;
(c) owner's name and address;
(d) a complete description of all body art procedures
performed;
(e) 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;
(f) A Material Safety Data Sheet, when available, for each
ink and dye
used by the establishment; and
(g) a copy of these regulations.
(2) Employee information, which shall include:
(a) full names and exact duties;
(b) date of birth;
(c) home address;
(d) home /work phone numbers; and
(3) Client Information, which shall include:
(a) name;
(b) date of birth;
(c) address of the client;
(d) date of the procedure;
(e) name of the practitioner who performed the procedure(s);
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(f) description of procedure(s) performed and the location
on the
body;
(g) a signed consent form as specified by 6(D )(2); and,
(h) if the client is a person under the age of 18, proof of
parental or
guardian identification, presence and consent including a
copy of the
photographic identification of the parent or guardian.
(4) Client information shall be kept confidential at all
times.
(F) The establishment shall require that all body art
practitioners have either
completed, or were offered and declined, in writing, the
hepatitis B vaccination
series. Records documenting compliance with this
requirement shall be
provided to the Board upon request.
6. Standards of Practice
Practitioners are required to comply with the following
minimum health standards:
(A) 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.
(B) A practitioner shall refuse service to any person who
may be under the influence
of alcohol or drugs.
(C) Practitioners who use ear-piercing systems must conform
to the manufacturers
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.
(D) 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.;
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(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; and
(g) any other conditions such as hepatitis or HIV.
(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 section
6(K).
(E) A practitioner shall maintain the highest degree of
personal cleanliness, conform
to best standard hygienic practices, and wear clean clothes
when performing
body art procedures. Before performing body art procedures,
the practitioner
must thoroughly wash their hands in hot running water with
liquid soap, then
rinse hands and dry with disposable paper towels. This
shall be done as often
as necessary to remove contaminants.
(F) 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 section (E) before the next set of
gloves is put on. Under no
circumstances shall a single pair of gloves be used on more
than one person.
The use of disposable single-use gloves does not preclude
or substitute for
handwashing procedures as part of a good personal hygiene
program.
(G) 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.
(H) 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.
(I) Preparation and care of a client’s skin area must
comply with the following:
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(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.
(J) 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.
(K) The practitioner shall provide each client with verbal
and written instructions on
the aftercare of the body art site. The written
instructions shall advise the client:
(1) on the proper cleansing of the area which received the
body art;
(2) to consult a health care provider for:
(a) unexpected redness, tenderness or swelling at the site
of the body
art procedure;
(b) any rash;
(c) unexpected drainage at or from the site of the body art
procedure;
or
(d) a fever within 24 hours of the body art procedure; and
(3) of the address, and phone number of the establishment.
A copy shall be provided to the client. A model set of
aftercare instructions
shall be made available by the Department.
(L) Contaminated waste shall be stored, treated and
disposed in accordance with
105 CMR 480.000: Storage and Disposal of Infectious or
Physically
Dangerous Medial or Biological Waster, State Sanitary Code,
Chapter VIII.
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7. Injury Reports
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 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;
(E) any other information considered relevant to the
situation.
8. Complaints
(A) The Board shall investigate complaints received about
an establishment or
practitioner’s practices or acts, which may violate any
provision of the Board's
regulations.
(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 and shall notify the
complainant of its action
in this manner.
9. Application for Body Art Establishment Permit
(A) No person may operate a body art establishment except
with a valid permit from
the Board.
(B) Applications for a permit shall be made on forms
prescribed by and available
from the Board. An applicant shall submit all information
required by the form
and accompanying instructions. The term “application”
as used herein shall
include the original and renewal applications.
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(C) An establishment permit shall be valid from the date of
issuance and shall
automatically expire in one (1) year from the date of
issuance unless revoked
sooner by the Board.
(D) The Board shall require that the applicant provide, at
a minimum, the following
information in order to be issued an establishment permit:
(1) Name, address, and telephone number of:
(a) the body art establishment;
(b) the operator of the establishment; and
(c) the body art practitioner(s) working at the
establishment;
(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;
and,
(5) Such additional information as the Board may reasonably
require.
(E) The Board shall set a reasonable fee for such permit.
(F) A permit for a body art establishment shall not be
transferable from one place or
person to another.
10. Application for Body Art Practitioner Permit
(A) No person shall practice body art or perform any body
art procedure without
first obtaining a practitioner permit from the Board. The
Board shall set a
reasonable fee for such permits.
(B) A practitioner shall be a minimum of 18 years of age.
(C) A practitioner permit shall be valid from the date of
issuance and shall
automatically expire in two (2) years from the date of
issuance unless revoked
sooner by the Board.
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(D) Application for a practitioner permit shall include:
(1) name;
(2) date of birth;
(3) residence address;
(4) mailing address;
(5) phone number;
(6) place(s) of employment as a practitioner; and
(7) training and/or experience as set out in (E) below.
(E) Practitioner Training and Experience
(1) In reviewing and application for a practitioner permit,
the Board may
consider experience, training and/or certification acquired
in other states
that regulate body art.
(2) Training for all practitioners shall be approved by the
Board and, at a
minimum, shall include the following:
(a) bloodborne pathogen training program (or equivalent)
which
includes infectious disease control; waste disposal;
handwashing
techniques; sterilization equipment operation and methods;
and
sanitization, disinfection and sterilization methods and
techniques; and
(b) First Aid and cardiopulmonary resuscitation (CPR).
Examples of courses approved by the Board include
"Preventing
Disease Transmission" (American Red Cross) and "Bloodborne
Pathogen Training" (U.S. OSHA). Training/courses
provided by
professional body art organizations or associations or by
equipment
manufacturers may also be submitted to the Board for
approval.
(3) The applicant for a body piercing practitioner permit
shall provide
documentation, acceptable to the Board, that s/he completed
a course
on anatomy, completed an examination on anatomy, or
possesses an
equivalent combination of training and experience deemed
acceptable to
the Board.
(4) The applicant for a tattoo practitioner permit shall
provide
documentation, acceptable to the Board, that s/he completed
a course
on skin diseases, disorders and conditions, including
diabetes, or
completed an examination on skin diseases, disorders and
conditions,
17
including diabetes, or possesses a combination of training
and
experience deemed acceptable to the Board.
(F) A practitioner’s permit shall be conditioned upon
continued compliance with all
applicable provisions of these model regulations.
11. Grounds for Denial of Permit, Revocation of Permit, or
Refusal to Renew
Permit
(A) The Board may 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 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’s
regulations governing the
practice of 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 his/her permit is lapsed,
suspended, or
revoked; and
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(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's regulations.
(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 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 (7) 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 (7) days.
(C) Applicants denied a permit may reapply at any time
after denial.
12. Grounds for Suspension of Permit
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.
13. Procedure for Hearings
(A) Suspension of a Permit
(1) After a Board suspension of a permit, a hearing shall
be initiated
pursuant to 801 CMR 1.00 et seq. (Standard Adjudicatory
Rules of
Practice and Procedure), no later than twenty-one (21)
calendar days
after the effective date of the suspension.
(2) Upon written request to the Board of Health, the
establishment or
practitioner shall be afforded an opportunity to be heard
concerning the
suspension of the permit by the Board.
(3) In cases of suspension of a permit, the hearing officer
shall determine
whether the Board has proved by a preponderance of the
evidence that
19
there
existed immediately prior to or at the time of the suspension an
immediate
and serious threat to the public health, safety or welfare. The
hearing
officer shall issue a written decision, which contains a summary
of
the testimony and evidence considered and the reasons for the
decision.
(B)
Denial, Revocation, or Refusal to Renew a Permit
(1)
If the Board determines that a permit shall be denied, revoked, or not
renewed
pursuant to the Board's regulations, the Board shall initiate a
hearing
in accordance with 801 CMR 1.00 et seq.
(2)
Following the hearing, the hearing officer shall issue a written
(3)
decision that contains a summary of the testimony and evidence
considered
and the reasons for the decision.
14.
Unauthorized Practice of Body Art
The
Board shall refer to the appropriate District Attorney, Attorney General, or
other law
enforcement
official any incidents of unauthorized practice of body art.
15.
Severability
If
any provision contained in the model regulations is deemed invalid for any
reason, it shall be
severed and shall not affect
the validity of the remaining provisions.
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