Body Art Establishments

Chapter 295
BODY ART

[HISTORY: Adopted by the Board of Health of the Town of Ashland as revised through 9-26-2002. Amendments noted where applicable.]

§ 295-1. Purpose.

Whereas body art is becoming prevalent and popular throughout the Commonwealth; and whereas knowledge and practice of universal precautions, sanitation, personal hygiene, sterilization and aftercare requirements on the part of the practitioner should be demonstrated to prevent the transmission of disease or injury to the client and/or practitioner, now, therefore the Board of Health of the Town of Ashland passes these rules and regulations for the practice of body art in the Town of Ashland as part of our mission to protect the health, safety and welfare of the public.

§ 295-2. Authority.

These regulations are promulgated under the authority granted to the Board of Health under Massachusetts General Law 111, Section 31.

§ 295-3. Definitions.

AFTERCARE -- 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 -- Any person who applies to the Board of Health for either a body art establishment permit or practitioner permit.

AUTOCLAVE -- An apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time.

AUTOCLAVING -- 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.

BLOODBORNE PATHOGENS STANDARD -- OSHA Guidelines contained in 29 CFR 1910.1030 entitled "Occupational Exposure to Bloodborne Pathogens."

BOARD OF HEALTH or BOARD -- The Ashland Board of Health or its agents that has jurisdiction in the community in which the 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 -- The practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine, such as implants under the skin, which procedures are prohibited.

BODY ART ESTABLISHMENT or ESTABLISHMENT -- 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 -- 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 -- 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.

BRAIDING -- 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.

BRANDING -- 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.

CLEANING AREA -- The areas 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.

CLIENT -- A member of the public who requests a body art procedure at a body art establishment.

CONTAMINATED WASTE -- Waste as defined in 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VII and/or 29 Code of Federal Regulation Part 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; 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 other potentially infectious materials.

COSMETIC TATTOOING, 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.

DISINFECTANT -- A product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA).

DISINFECTION -- The destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.

EAR PIERCING -- 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 -- All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sink, and all other apparatus and appurtenances used in connection with the operation of a body art establishments.

EXPOSURE -- An event whereby there is an eye, mouth or other mucus membrane, non-intact skin or parental contact with the blood or body fluids of another person or contact of an eye, mouth or other mucous membrane, non-intact skin or parenteral contact with other potentially infectious matter.

HAND SINK -- 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 -- Water that attains and maintains a temperature 110°-130°F.

INSTRUMENTS USED FOR BODY ART -- 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 -- 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 -- Any ornament inserted into 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.

LIGHT COLORED -- A light reflective value of 70 percent or greater.

MINOR -- Any person under the age of eighteen (18) years.

OPERATOR -- Any person who individually, or jointly or severally with others, owns, or controls an establishment, but is not a body art practitioner.

PERMIT -- Board approval in writing to either (1) operate a body art establishment or (2) operate as a body art practitioner within a body art establishment. Board 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.

PERSON -- 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, associates, trusts or unincorporated organizations.

PHYSICIAN -- An individual licensed as a qualified physician by the Board of Registration in Medicine pursuant to M.G.L. c. 112, § 2.

PROCEDURES SURFACE -- Any surface of an inanimate object that contacts the client's unclothed during a body art procedure, skin preparation of the area adjacent to and including the body art procedure, or any associated work area.

SANITARY -- Clean and free of agents of infection or disease.

SANITIZE -- The application of a U.S. EPA registered sanitizer on a cleaned surface in accordance with the label instructions.

SCARIFICATION -- Altering skin texture by cutting the skin and controlling the body's healing process in order to produce wounds, which results in permanently raised wheals or bumps known as keloids.

SHARPS -- 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 CONTAINERS -- 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 -- 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 -- The use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores.

TATTOO -- The indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.

TATTOOING -- 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.

TEMPORARY BODY ART ESTABLISHMENTS -- The same as "mobile body art establishment."

THREE DIMENSIONAL "3D" BODY ART or BEADING or IMPLANTATION -- The form of body art consisting of or requiring the placement, injection or insertion of an object, device or other thing made of matters such as steel, titanium, rubber, latex, plastic, glass or other materials, beneath the surface of the skin of a person. This term does not include body piercing.

ULTRASONIC CLEANING UNIT -- A unit approve 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 -- A set of guidelines and controls, published by the Center 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 "Recommendation 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 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 fluid-contaminated products.

§ 295-4. 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.

§ 295-5. 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 19 provided that the person is accompanied by a person properly identified parent, legal custodial parent or legal guardian who has signed a form consenting such procedure. "Properly identified" shall mean a valid photo identification of the adult and a birth certificate of the minor.

C. No body art shall be performed on an animal.

D. The following body piercing are herby prohibited: piercing of the uvula; piercing of the tracheal area; piercing of the neck; piercing of the ankle; piercing between the ribs or vertebrae; piercing of the web area of the hand or foot; piercing of the lingual frenulum (tongue web); piercing of the clitoris; any form of chest or deep muscle piercing, excluding the nipple; piercing the anus; piercing of an eyelid, whether top or bottom; piercing of the gums; piercing or skewering of the testicle; so called "deep" piercing of the penis - meaning piercing through the shaft of the penis, or "trans-penis" piercing in any area from the corona glandis to the pubic bone; so called "deep" piercing of the scrotum - meaning piercing through the scrotum, or "transcrotal" piercing, so called "deep" piercing of the vagina.

E. The following practices hereby prohibited unless performed by a medical doctor licensed by the Commonwealth of Massachusetts: tongue splitting; braiding; three dimensional/beading/implantation tooth filing/fracturing/removal/tattooing; cartilage modification; amputation; genital modification; introduction of saline or other liquids.

§ 295-6. Operation of body art establishments.

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, durable, free of open holes or cracks, light-colored, washable, and in good repair. Walls, floors and ceilings shall be maintained in clean condition. All procedure surfaces, including client chairs/benches, shall be 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, and 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. Pest control records are to be available during normal business hours.

(4) Each operator area shall have a minimum of 45 square feet of floor space for each practitioner. Each establishment shall have an area that may be screened for public view for clients requesting privacy. Multiple body art stations shall be separated by a divider or partition at a minimum.

(5) The establishment shall be well ventilated and provided with an artificial light source equivalent to at least 20 footcandles 3 feet off the floor, except that at least 100 footcandles shall be provided at the level where the body art procedure is being performed, where instruments and sharps are assembled and all cleaning areas.

(6) All electrical outlets in operator areas and cleaning shall be equipped with approved ground fault (GFCI) protected receptacles.

(7) A separate, readily accessible hand sink with hot and cold running water under pressure, 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.

(8) There shall be a sharps container in each operator area and each cleaning area.

(9) There shall be minimum of one toilet room containing a toilet and sink. The toilet room shall be provided with toilet paper, liquid hand soap and paper towels stored in a fixed dispenser. A body art establishment permanently located within a retail shopping center, or similar setting housing multiple operations within one enclosed structure having shared entrance and exit points, shall not be required to provide a separate toilet room within such body art establishment if Board-approval toilet facilities are located in the retail shopping center within 300 feet of the body art establishment so as to be readily accessible to any client or practitioner.

(10) The public water supply entering a body art establishment shall be protected by a testable, reduced pressure back flow preventor installed in accordance with 142 Code of Massachusetts Regulation 248, as amended from time to time.

(11) At lest 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, or as needed to prevent overflow. Solid waste shall be stored in covered, leak proof, rodent-resistant containers.

(12) A least one janitorial sink shall be provided in each body art establishment for use in cleaning the establishment and proper disposal of noncontaminated liquid wastes in accordance with all applicable federal, state and local laws. Said sink shall be of adequate size equipped with hot and cold running water under pressure and permit the cleaning of the establishment and any equipment used for cleaning.

(13) 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.

(14) 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.

(15) 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.

(16) 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.

(17) Smoking, eating, or drinking is prohibited in the area where body art is performed, with the exception of nonalcoholic fluids being offered to a client during or after a body art procedure.

B. Requirements for single use items including inks, dyes and pigments.

(1) Single-use items shall not be used on more than one client for any reason. After use, single-use sharps shall be immediately disposed of in approved sharps containers pursuant to 105 CMR 480.000.

(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 cannula shall not be reused.

(4) All inks, dyes, pigments, solid core needles, and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer's instructions.

(5) Inks, dyes or pigments may be mixed and may only be diluted with water from an approved potable source. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper cups or plastic cups. Upon completion of the tattoo, these single-use cups or caps and their contents shall be discarded.

C. Sanitation and sterilization measures and procedures.

(1) All nondisposable instruments used for body art, including all reusable solid core needles, pins, and stylets, shall be cleaned thoroughly after use by scrubbing with an appropriate soap or disinfectant solution and hot water, (to remove blood and tissue residue), and shall be placed in an ultrasonic unit sold for cleaning purposes under approval of the U.S. Food and Drug Administration and operated in accordance with manufacturer's instructions.

(2) After being cleaned, all nondisposable instruments used for body art shall be packed individually in sterilizer packs and subsequently sterilized in a steam autoclave sold for medical sterilization purposes under approval of the U.S. Food and Drug Administration. All sterilizer packs shall contain either a sterilizer indicator or internal temperature indicator. Sterilizer packs must be dated within 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. Cleaning and log books are to be available.

(4) Each holder of a permit to operate a body art establishment shall demonstrate that the autoclave is capable of attaining sterilization by monthly spore destruction tests. These tests shall be verified through an independent laboratory. The permit shall not be issued or renewed until documentation of the autoclave's ability to destroy spores is received by the Board. These test records shall be retained by the operator for a period of three (3) years and made available to the Board of Health upon request.

(5) All instruments used for body art procedures shall remain stored in sterile packages until just prior or 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 are to be stored 6" off the floor.

(6) Sterile instruments may not be used if the package has been breached or after the expiration date without first repackaging and resterilizing.

(7) If the body art establishment uses only single-use, disposable instruments and products, and uses sterile supplies, an autoclave shall not be required.

(8) When assembling instruments used for body art procedures, the operator shall wear disposable medical gloves and use medically recognized sterile techniques to ensure that the instruments and gloves are not contaminated.

(9) Reusable cloth items shall be mechanically washed with detergent and mechanically dried after each use. The cloth items shall be stored in a dry, clean environment until used. Should such items become contaminated directly or indirectly with bodily fluids, the items shall be washed in accordance with standards applicable to hospitals and medical care facilities, at a temperature of 160° F with the use of chlorine disinfectant.

D. Posting requirements. The following shall be prominently displayed:

(1) A disclosure statement, a model of which shall be available from the Board. A disclosure statement shall 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 Ashland Board of Health office.

(3) An emergency plan, including:

(a) A plan for the purpose of contacting the police, fire or emergency medical services in the event of an emergency.

(b) A telephone in good working order shall be easily available and accessible to all employees and clients during all hours of operation; and

(c) A sign at or adjacent to the telephone indicating the correct emergency telephone numbers.

(4) An occupancy and use permit as issued by the local building official.

(5) A current establishment permit.

(6) Each practitioner's permit.

(7) It is the responsibility of the operator of the body art establishment to be in possession of most recent regulation.

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 ink used for any and all body art procedures, including name of manufacturers and serial or lot number, if applicable. Invoices or packing slips shall satisfy this requirement;

(f) Copies of waste hauler manifests;

(g) Copies of commercial biological monitoring tests;

(h) Exposure incident report (kept permanently);

(i) A copy of these regulations;

(j) MSDS for all materials.

(2) Employee information, which shall include:

(a) Full legal names and exact duties;

(b) Date of birth;

(c) Home address;

(d) Home/work phone numbers;

(e) Identification photograph;

(f) Dates of employment;

(g) Hepatitis B vaccination status of declination notification; and

(h) Training records.

(3) Client information, which shall include:

(a) Name;

(b) Age and valid photo identification;

(c) Address of the procedure;

(d) Date of the procedure;

(e) Name of the practitioner who performed the procedure(s);

(f) Description of procedure(s) performed and the location of the body;

(g) A signed consent form as specified by § 295-7(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.
Client information shall be kept confidential at all times.

(4) Exposure control plan. Each establishment shall create, update, and comply with an exposure control plan. The plan shall be submitted to the Board for review so as to meet all of the requirements of OSHA regulations, to include, but not limited to, 29 Code of Federal Regulation 1910.1030 OSHA Bloodborne Pathogens Standards et seq., as amended from time to time. A copy of the plan shall be maintained at the body art establishment at all times and shall be made available to the Board upon request.

F. No person shall establish or operate a mobile or temporary body art establishment.

G. 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.

§ 295-7. 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. Center 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 manufacturer's directions for use, and to applicable U.S. Food and Drug Administration requirements. No practitioner shall use an ear-piercing system on any part of the client's body other than the lobe of the ear.

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 disease, skin lesions, or skin sensitivities to soaps, disinfectants etc.;

(d) History of allergies or adverse reactions to pigment, 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 Subsection 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, 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 Subsection 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 hand washing 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 new sterilized instrument or item before the procedure resumes.

I. Preparation and care of a client's skin area must comply with the following:

(1) Any skin area 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 the 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-use blades shall be used. Blades shall be discarded after each use, and reusable holders shall be cleaned and autoclaved after each 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 content. 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 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 Board.

L. Contaminated waste shall be stored, treated and disposed in accordance with 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII.

M. It is the responsibility of the operator of the body art establishment to be in possession of most recent regulation.

§ 295-8. Exposure incident report.

A. An exposure incident report shall be completed by the close of the business day during which an exposure has or might have taken place by the involved or knowledgeable body art practitioner for every exposure incident occurring on the conduct of any body art activity.

B. Each exposure incident report shall contain:

(1) A copy of the application and consent form for body art activity completed by any client or minor client involved in the exposure incident;

(2) A full description of the exposure incident, including the portion of the body involved therein;

(3) Instrument(s) or other equipment implicated;

(4) A copy of body art practitioner license of the involved art practitioner;

(5) Date and time of exposure;

(6) A copy of any medical history released to the body art establishment or body art practitioner; and

(7) Information regarding any recommendation to refer to a physician or waiver to consult a physician by persons involved.

(8) Corrective action plan.

§ 295-9. Injury and/or complication report.

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;

F. Name of body art practitioner.

§ 295-10. 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 further 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.

§ 295-11. 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 renewal applications.

C. An establishment permit shall be valid from the date of issuance and for no longer than one year unless suspended, 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) Copy of photo ID;

(c) The operator of the establishment; and

(d) The body art practitioner(s) working at the establishment.

(2) The manufacturer, model number, model year, and serial number 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) Exposure report plan.

(6) Such additional information as the Board may reasonably require.

E. The annual fee for the body art establishment permit shall be $100.00.

F. A permit for a body art establishment shall not be transferable from one place or person to another.

§ 295-12. Application for body art practitioner permit.

A. No person shall practice body art or perform any body art procedure within the Town of Ashland 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 the issuance and shall expire no later than one year from the date of issuance unless revoked, suspended or sooner by the Board.

D. Application for a practitioner permit shall include:

(1) Name;

(2) Date of birth;

(3) Residence address;

(4) Mailing address;

(5) Phone number;

(6) Copy of a photo ID;

(7) Place(s) of employment as a practitioner; and

(8) Training and/or experience as set out in Subsection E below.

E. Practitioner training and experience.

(1) In reviewing an application for a practitioner permit, the Board may consider experience, training and/or certification acquired in this or 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, disinfection and sterilization methods and techniques; and

(b) Current certification in 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 and physiology with a grade of C or better at a college accredited by the New England Association of Schools and Colleges, or comparable accrediting entity. This course must include instruction on the system of the integumentary system (skin).

(4) The applicant for a tattoo practitioner permit shall provide documentation, acceptable to the Board, that s/he completed a course on anatomy and physiology with a grade of C or better at an accredited by the New England Association of Schools and Colleges, or comparable accrediting entity. This course must include instruction on the system of the integumentary system (skin). Such other course or program as the Board shall deem appropriate and acceptable may be substituted for the anatomy course.

(5) The applicant for all practitioners shall submit evidence satisfactory to the Board of at least two years actual experience in the practice of performing body art activities of the kind for which the applicant seeks a body art practitioner permit to perform, whether such experience was obtained within or outside of the commonwealth.

F. A practitioner's permit shall be conditioned upon continued compliance with all applicable provisions of these rules and regulations.

§ 295-13. Grounds for suspension, denial, revocation, or refusal to renew permit.

A. The Board may suspend a permit, deny a permit, revoke a permit or refuse to renew a permit on the following grounds, each of which, in and of itself, shall constitute full and adequate grounds for suspension, denial, revocation or refusal to renew.

(1) Any actions which would indicate that the health or safety of the public would be at risk;

(2) Fraud, deceit or misrepresentation in obtaining a permit, or its renewal;

(3) Criminal conduct which the Board determines to be of such a nature as to render the establishment , practitioner or applicant unfit to practice body art as evidenced by criminal proceedings resulting in a conviction, guilty plea, or plea of nolo contendere or an admission of sufficient facts;

(4) Any present or past violation of the Board'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 dependant 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

(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 suspend, 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 subject to the procedure outlined in § 295-15.

C. Applicants denied a permit may reapply at any time after denial.

§ 295-14. Emergency closure.

The practitioner's permit shall be suspended immediately upon notice to the holder (without a hearing) when the Board of Health or its agents has reason to believe that an imminent health hazard exits.

§ 295-15. Grounds for suspension of permit.

The Board may summarily suspend a permit pending a final hearing on the merits of the question and 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.

§ 295-16. Procedure for hearings.

The owner of the establishment or practitioner shall be given written notice of the Board's intent to hold a hearing for the purpose of suspension, refusal to renew a permit. This written notice shall be served through a certified letter sent return receipt requested or by constable. The notice shall include the date, time and place of the hearing and the owner of the establishment or practitioner's right to be heard. The Board shall hold the hearing no later than 21 days from the date the written notice was received.

§ 295-17. Severability.

If any provision contained in these regulations is deemed invalid for any reason, it shall be severed and shall not affect the validity of the remaining provisions.

§ 295-18. Violations and penalties.

A. In all other instances of violation of the provisions of this administrative regulation the Ashland 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 noncriminal ticket and/or court complaint.

B. The fine for a violation of any provision of these rules and regulations shall be for each offense:

First offense	$100.00
Second offense	$200.00
Third offense	$300.00

C. Each day that a violation continues shall be deemed to be separate offense.

§ 295-19. Noncriminal disposition.

In accordance with MGL Chapter 40, Section 21D and the (local enabling legislation), whoever violates any provisions of these rules and regulations may be penalized by noncriminal disposition.

§ 295-20. Effective date.

These rules and regulations shall be effective as of January 10, 2002.

Chapter 56
TATTOOING, PIERCING, BRANDING AND SCARIFICATION

[HISTORY: Adopted by the Board of Trustees of the Village of Lake George 5-28-2003 by L.L. No. 7-2003. Amendments noted where applicable.]

§ 56-1. Purpose.

A. The Village of Lake George hereby finds and declares the need to protect its residents and visitors through greater supervision of tattooing, tattoo studios, and body piercing studios, and by prohibiting branding and scarification within the Village of Lake George. The Village of Lake George recognizes that the threat of AIDS/HIV and hepatitis contamination through shared needles and other aspects of the tattoo and body piercing processes have the potential for negatively affecting the health and safety of the general public. The Village of Lake George also recognizes that there has been an alarming expansion of the foregoing businesses into criminal activity involving minors. The Village of Lake George realizes its obligation to protect the health and safety of its people and hereby regulates such industries.

B. The purpose of this chapter is to protect the public health, welfare, safety, peace and tranquility of the residents and visitors of Lake George Village by regulating the operation and establishment of tattoo studios and body piercing studios and by prohibiting branding and scarification within the Village of Lake George.

§ 56-2. Title.

This chapter shall hereafter be known and cited as the "Tattoo, Body Piercing, Branding, and Scarification Local Law."

§ 56-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BODY PIERCING -- The piercing of any part of the body, except the ear.

BODY PIERCING SPECIALIST -- Any person who performs body piercing to the body of any other person.

BODY PIERCING STUDIO -- Any premises in which the body piercing specialist conducts such practice.

BRANDING -- The use of heat, cold or any chemical compound to imprint permanent markings on human skin by any means other than tattooing.

MINOR -- Any person under the age of 18 years of age.

SCARIFICATION -- The cutting or tearing of human skin for the purpose of creating a permanent mark or design on the skin.

TATTOO -- A mark on the body of a person made with indelible ink or pigments injected beneath the outer layer of the skin.

TATTOO STUDIO -- Any premises in which the tattooist conducts such practice.

TATTOOIST -- Any person who applies a tattoo to the body of any other person.

§ 56-4. License required.

No person shall be a body piercing specialist or tattooist and no person, firm, corporation, partnership, or other association shall operate a body piercing studio or tattoo studio within the Village of Lake George without first obtaining a license from the Village Clerk as provided herein on an annual basis premised on the calendar year.

§ 56-5. Application for license.

A. Form. Every person desiring to procure a license, as herein provided, shall file with the Village Clerk a written application upon a blank form prepared and furnished by the Village, together with two photographs of the applicant taken within 30 days of filing said application form.

B. Contents. The application shall contain the following information:

(1) Name and home address of the applicant.

(2) Age of the applicant.

(3) Professional training and qualifications of the applicant.

(4) Location of premises upon which the business will be conducted.

(5) A copy of the permit required by Article 4-A of the New York State Public Health Law as well as any other applicable certifications issued from appropriate state and federal agencies.

(6) Where applicable, type of piercing equipment to be used.

(7) Method of sterilization or disinfection used by the applicant on piercing equipment and customers.

(8) Whether the applicant has ever been convicted of a felony or misdemeanor. The details of said conviction(s).

(9) A diagram, drawn to scale, showing the dimensions of the premises where such business will be conducted and delineating the floor space specifically designated for retail business, general, and that for retail services, commercial.

C. Proof of general liability insurance to accompany application. Such application shall be accompanied with proof of general liability insurance for said establishment in the amount of no less than $100,000.

D. Proof of inoculation for Hepatitis B virus. Such application shall be accompanied with proof of inoculation against the Hepatitis B virus.

E. Issuance, refusal of license; license fee. Upon filing with the Village Clerk an application and proof of liability insurance as provided for herein, together with the license fee as set by resolution from time to time by the Board of Trustees of the Village of Lake George for the first year's license, the Village Clerk shall act on such application and approve or disapprove of same. No application shall be refused except for just cause and for the protection of public safety, health or good order. The Village Clerk shall state the grounds for such refusal in writing and mail the same, together with the fee, back to the applicant.

F. Posting of license. Every person licensed in accordance with the provisions of this chapter shall immediately post such license and a copy of this chapter, furnished by the Village Clerk, and shall keep the same posted while in force in a conspicuous public location in the premises where tattooing and/or body piercing are authorized to occur.

G. Application fee: $250.

§ 56-6. Duties of licensee.

A. All body piercing specialists, tattooists, body piercing studios, and tattoo studios shall maintain a register of customers, to include the following information:

(1) The name, address and age of the customer. The manner and proof of identity and the manner and proof of age of the customer shall be recorded.

(2) A description of the tattoo and body piercing on the body.

(3) A statement signed by the customer acknowledging that he or she may be temporarily prohibited from donating blood under applicable rules and regulations of the American Red Cross or other regulatory agencies.

B. The information contained in Subsection A(1) through (3) above shall be recorded in the customer register prior to the commencement of the tattoo or body piercing procedure or any preparation thereof.

C. All tattooists and body piercing specialists operating in the Village of Lake George shall obtain a copy of a publication entitled "Guidelines for the Prevention of Blood-Borne Disease During Tattooing," distributed by the Bureau of Disease Control of the New York State Department of Health, dated August 1993 (or subsequent additions or publications of same). Said materials shall be posted in a conspicuous and public place within the establishment. Failure to comply with these guidelines shall constitute a violation of this chapter.

§ 56-7. Method of operation.

A. All body piercing and tattooing shall be performed outside the public view. Each person and establishment regulated hereunder shall perform all tattooing and body piercing in a designated enclosed area within the confines of the establishment licensed hereunder and out of public view.

B. All licensees hereunder shall require each person who has received a tattoo or a body piercing to remain within the licensed premises for a minimum period of 20 minutes or until all wounds/blood are dried or clotted, whichever is longer. Each licensee regulated hereunder shall post in a conspicuous and public place within the establishment a notice informing the public of the foregoing requirement.

§ 56-8. Prohibited locations. [Amended 7-15-2003 by L.L. No. 8-2003]

A. No tattoo studio or body piercing studio shall be permitted within 500 feet of any school.

B. No tattoo studio or body piercing studio shall be permitted within the Village of Lake George where a customer entrance of such establishment is on the same street as any geographic boundary of property owned by a bona fide religious institution where such property is utilized for religious services on a regular basis as of the date of the enactment of this amendment.

§ 56-9. Prohibitions.

A. No person or establishment licensed hereunder shall tattoo a minor in the Village of Lake George. All licensees hereunder shall conspicuously post a sign in their business window stating that tattooing or body piercing of a person under the age of 18 is prohibited by New York State Penal Law.

B. No person shall tattoo or body pierce a person who is visibly intoxicated.

C. Branding and/or scarification is prohibited within the Village of Lake George.

§ 56-10. Business premises.

All persons and establishments licensed hereunder shall perform such operations inside an establishment that has, at a minimum, 60% of the space of such premises devoted to retail business, general, and no more than 40% of such floor space to be devoted to retail services, commercial, as such terms are defined in § 70-10 of the Lake George Village Code.

§ 56-11. Inspection by the Village/Town Consolidated Public Health Officer.

The Lake George Village/Town Consolidated Public Health Officer or designee shall have the power to inspect the establishments and businesses regulated hereunder two times per year or, upon request of the Village Board of Trustees, immediately thereafter.

§ 56-12. Enforcement provisions.

The Code Enforcement Officer of the Village of Lake George and the Village/Town Consolidated Public Health Officer shall be the primary enforcement officers of this chapter.

§ 56-13. Revocation of license.

A. Grounds, hearing required. The Lake George Village Board of Trustees may, at any time for just cause or for any violation of this chapter, and after giving notice to the licensee and an opportunity to be heard, revoke any license granted under the provisions of this chapter.

B. Service of notice. Notice of such hearing and the reason therefor in writing shall be served by the Village Clerk upon the person named in the application by mailing same to the address given on the application.

C. Effect of revocation. Whenever any license shall be revoked, no refund of any unearned portion therefor shall be made, and no license shall be granted to conduct such business to any person whose license has been revoked within a period of one year from the date of revocation.

§ 56-14. Penalties for offenses.

Any person, firm, corporation, partnership, or other association violating any provision of this chapter shall be punished by a fine not exceeding $500 for the first offense, and $500 for each offense thereafter. Each day that an offense continues to exist as defined hereunder shall be deemed a separate offense.

§ 56-15. Separability.

Each separate provision of this chapter shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.

§ 56-16. Effective date.

This chapter shall take effect immediately upon the filing in the office of the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.