Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H247 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1117 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 247
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce J. Ayers
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act regulating body art.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Bruce J. Ayers1st Norfolk1/18/2023 1 of 45
16	16	HOUSE DOCKET, NO. 1117 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 247
18	18	By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 247) of Bruce J.
19	19	Ayers for legislation to prohibit the practice of body piercing, so-called, unless licensed by the
20	20	Department of Public Health. Consumer Protection and Professional Licensure.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 308 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act regulating body art.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 111N the
32	32	2following chapter:-
33	33	3 111O. Regulation of Body Art
34	34	4 Section 1. As used in this chapter, the following words shall have the following
35	35	5meanings:
36	36	6 "Aftercare instructions", written instructions, approved by the department, given to a
37	37	7person upon whom body art has been performed, specific to the body art procedure rendered or
38	38	8performed, concerning the proper care to be given to the area of the body upon which the body
39	39	9art has been performed and concerning the surrounding area of the body. 2 of 45
40	40	10 "Antiseptic", an agent that destroys disease-causing microorganisms on human skin or
41	41	11mucosa.
42	42	12 "Apprentice License", license authorized by the department to a person qualified to enter
43	43	13the body art practitioner license apprenticeship program.
44	44	14 "Autoclave", an apparatus for sterilization utilizing steam pressure at specific temperature
45	45	15over a designated period of time.
46	46	16 "Autoclaving", the process that results in the destruction of all forms of microbial life,
47	47	17including highly resistant bacterial spores, by the use of an autoclave for a minimum of 30
48	48	18minutes at 17 pounds of pressure PSI, at a temperature of 250 degrees Fahrenheit.
49	49	19 "Body art", the practice of physical body adornment, alteration or modification by means
50	50	20including, but not limited to, piercing, tattooing, branding, braiding, beading, implantation or
51	51	21scarring.
52	52	22 "Body art establishment", any facility that has been inspected and approved by the
53	53	23department for use in conducting of body art and for which a current permit is issued by the
54	54	24department in accordance with this chapter.
55	55	25 "Body piercing", the form of body art requiring or consisting of the puncturing or
56	56	26penetration of the skin or of a membrane of a person for the purpose of the temporary or
57	57	27permanent placement or insertion of jewelry or other adornment or device therein.
58	58	28 "Braiding", the form of body art requiring or consisting of the cutting of strips of skin of
59	59	29a person, which strips are then to be intertwined with one another and placed onto such person so 3 of 45
60	60	30as to cause or allow the incised and interwoven strips of skin to heal in such intertwined
61	61	31condition.
62	62	32 "Branding", the form of body art consisting of or requiring the inducement of a burn that
63	63	33results in the scarring of the skin of a person by means of the use of a heated instrument or
64	64	34object.
65	65	35 "Cleaning area", the area in a body art establishment used in the sterilization, sanitation
66	66	36or other cleaning of instruments or other equipment used for the practice of body art.
67	67	37 "Contaminated or contamination", the presence of or a reasonable possibility of the
68	68	38presence of blood, bodily fluids, infectious or potentially infectious matter on an inanimate
69	69	39object.
70	70	40 "Contaminated waste", any liquid or semi-liquid blood or other potentially infectious
71	71	41material; contaminated items that would release blood or other potentially infectious material in
72	72	42a liquid or semi-liquid state if compressed; items on which there is dried blood or other
73	73	43potentially infectious material and which are capable of releasing these materials during
74	74	44handling; sharps and any wastes containing blood or other potentially infectious materials, as
75	75	45defined in 29 CFR 1910:1030, 105 CMR 480.000 et seq, or in this chapter.
76	76	46 "Cosmetic tattooing", "permanent cosmetics", "micro pigment implantation" or "dermal
77	77	47pigmentation", the form of body art requiring the implantation of permanent pigment around the
78	78	48eyes, lips and cheeks of the face and hair imitation.
79	79	49 "Customer or client", a person upon whom one or more forms of body art is to be
80	80	50performed, and shall include a minor client. 4 of 45
81	81	51 "Customer waiting area", the area in a body art establishment for use and occupation by
82	82	52persons and clients prior to and after the conduct of body art.
83	83	53 "Department", the department of public health.
84	84	54 "Disinfect", the destruction of pathogenic microorganisms using a liquid chemical
85	85	55germicide.
86	86	56 "Disinfectant", liquid chemical germicide.
87	87	57 "Dermis", the deeper, thicker portion on the skin lying beneath the epidermis, including
88	88	58the subcutaneous layer.
89	89	59 "Ear piercing" the puncturing of the outer perimeter or lobe of the ear using a pre-
90	90	60sterilized single use stud and clasp ear piercing system following manufacturer instructions.
91	91	61 "Epidermis", the outer layer of skin which is composed of 4 recognizable layers of cells
92	92	62usually a total of about 0.1 mm thick.
93	93	63 "Equipment", all machinery, fixtures, containers, vessels, tools, devices, implements,
94	94	64furniture, display cases, storage units, sinks, and all other apparatus and appurtenances used in
95	95	65connection with the operation of a body art establishment.
96	96	66 "Exposure", an event whereby there is an eye, mouth or other mucous membrane, non-
97	97	67intact skin or parenteral contact with the blood or bodily fluids of another person or contact of an
98	98	68eye, mouth or other mucous membrane, non-intact skin or parenteral contact with other
99	99	69potentially infectious matter. 5 of 45
100	100	70 "Exposure control plan", a plan drafted by an operator pursuant to the requirements of the
101	101	71United States Occupational Safety and Health Administration to eliminate or minimize the
102	102	72potential for an exposure.
103	103	73 "Exposure incident report", a written report detailing the circumstances of an exposure.
104	104	74 "Germicide or germicidal solution", liquid chemical germicide.
105	105	75 "Hand sink", a sink supplied with hot and cold potable water under pressure used solely
106	106	76for washing hands, arms, or other portions of the body.
107	107	77 "Hot water", water which is heated to attain and maintain a temperature of between 110
108	108	78degrees and 130 degrees Fahrenheit.
109	109	79 "Infectious waste", contaminated waste.
110	110	80 “Ink”, “Dye” or “Pigment”, the metal or salt-based substance injected into the
111	111	81subcutaneous portion of the skin in the act or process of creating a tattoo.
112	112	82 "Instrument" or "Instrument used for body art", those hand pieces, needles, needle bars
113	113	83and other instruments that may come in contact with a client's body or possible exposure to
114	114	84bodily fluids during body art procedures.
115	115	85 "Instrument sink", a sink used exclusively for the cleaning of instruments.
116	116	86 "Instrument storage area", the area in a body art establishment used for the storage of
117	117	87linens, equipment and instruments used for body art. 6 of 45
118	118	88 "Invasive", a procedure causing entry into the body either by incision or by the insertion
119	119	89of an instrument into or through the skin or mucosa, or by any other means intended to puncture,
120	120	90break or compromise the skin or mucosa.
121	121	91 “Janitorial sink”, a sink of adequate size equipped with hot and cold water under pressure
122	122	92so as to permit the cleaning of the body art establishment and any equipment used for cleaning.
123	123	93 "Jewelry", any device or adornment inserted into a pierced or incised area or portion of
124	124	94the body.
125	125	95 "Light-colored", a light reflectance value of 70 per cent or greater.
126	126	96 "Liquid chemical germicide", a substance registered with the United States
127	127	97Environmental Protection Agency for use in the destruction of pathogenic microorganisms or an
128	128	98approximate 1:100 dilution of household chlorine bleach in clean water mixed fresh daily.
129	129	99 "Minor" or "minor client", a person of less that 18 years of age as of that person's last
130	130	100birth date.
131	131	101 "Mobile body art establishment", any trailer, truck, car, van, camper or other motorized
132	132	102or non-motorized vehicle, a shed, tent, movable structure, bar, home or other facility wherein, or
133	133	103concert, fair, party or other event whereat one desires to or actually does conduct body art
134	134	104procedures, excepting only a licensed body art establishment.
135	135	105 "Operator", any person alone or jointly with other persons who owns, controls, operates
136	136	106or manages a body art establishment.
137	137	107 "Parenteral", the invasion of the skin barrier or mucous membranes. 7 of 45
138	138	108 "Permit", a document issued by the department pursuant to this chapter authorizing the
139	139	109use of a facility for the conducting of body art.
140	140	110 "Physician", a person licensed by the commonwealth in accordance with section 2 of
141	141	111chapter 112.
142	142	112 "Practitioner", a person who has received a license to perform body art by the department
143	143	113pursuant to this chapter.
144	144	114 "Practitioner License", license issued by the department to a person qualified to engage in
145	145	115the practice of body art in accordance with this chapter.
146	146	116 "Procedure surface", any surface of an inanimate object that contacts an unclothed part of
147	147	117a person upon whom body art is to be performed.
148	148	118 "Prohibited forms of body art" means those forms of body art prohibited under this
149	149	119chapter and set forth in section 56.
150	150	120 "Sanitize", the process of reducing the number of microorganisms on a surface to a safe
151	151	121level using a liquid chemical germicide.
152	152	122 "Sanitizer", liquid chemical germicide.
153	153	123 "Scarification", a form of body art that requires the use of an instrument to cut a design
154	154	124into the skin to produce a scar.
155	155	125 "Sharps", any object (sterile or not) that may purposefully or accidentally cut or penetrate
156	156	126the skin or mucosa of a person including, but not limited to, needles, scalpel blades, razor blades
157	157	127and lancets. 8 of 45
158	158	128 "Sharp's container", a puncture-resistant, leak-proof container that can be closed for
159	159	129handling, storage, transportation or disposal and is labeled with the international biohazard
160	160	130symbol.
161	161	131 "Single-use", products or items that are intended for one-time, one-person use and are to
162	162	132be disposed of after such use including, but not limited to, cotton swabs or balls, tissues or paper
163	163	133products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel
164	164	134blades, stencils, ink cups and protective gloves.
165	165	135 "Sterilization unit", a unit designed to and which is effective at killing all
166	166	136microorganisms, including bacterial spores and which is approved by the department for use for
167	167	137sterilization in a body art establishment.
168	168	138 "Sterilize", to effectively kill all microorganisms, including bacterial spores.
169	169	139 "Tattoo", the form of body art consisting of the injection of ink, dye or other medium to
170	170	140form or create an indelible mark, figure or decorative design in the subcutaneous portion of the
171	171	141skin.
172	172	142 "Tattooing", the act or process of creating a tattoo.
173	173	143 "Tattoo gun", an electric, vertically vibrating tool used for tattooing.
174	174	144 "Temporary body art establishment", mobile body art establishment.
175	175	145 "Three dimensional body art" or "Beading" or "Implantation", the form of body art
176	176	146consisting of or requiring the placement, injection or insertion of an object, device or other thing
177	177	147made of matters such as steel, titanium, rubber, latex, plastic, glass or other inert materials,
178	178	148beneath the surface of the skin of a person, not including body piercing. 9 of 45
179	179	149 "Ultrasonic cleaning unit", a unit approved by the department and physically large
180	180	150enough to fully submerge instruments in liquid, which unit removes all foreign matter from the
181	181	151instruments by means of high frequency oscillations transmitted through the contained liquid.
182	182	152 "Universal precautions" or "Standard precautions", the set of guidelines and controls,
183	183	153published by the Center for Disease Control as "guidelines for prevention of transmission of
184	184	154human immunodeficiency virus and hepatitis B virus to health-care and public-safety workers"
185	185	155in Morbidity and Mortality Weekly Report by the Center for Disease Control (CDC) June 23,
186	186	1561989, Vol. 38, NO. S-6, and as "recommendations for preventing transmission of human
187	187	157immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive
188	188	158procedures" in Morbidity and Mortality Weekly Report July 12, 1991, Vol. 40, No. RR-8, each
189	189	159as amended or updated. This method of infection control requires the employer and the employee
190	190	160to assume that all human blood and specified human body fluids are infectious for HIV, HBV
191	191	161and other blood pathogens. Precautions include hand washing, gloving, personal protective
192	192	162equipment, injury prevention, and proper handling and disposal of needles, other sharp
193	193	163instruments, and blood and body fluid contaminated products.
194	194	164 "Workstation", an area within a body art facility designated for use in the conducting of
195	195	165body art.
196	196	166 Section 2. (a) No person shall conduct any form of body art unless such person holds a
197	197	167valid practitioner license issued by the department pursuant to this chapter.
198	198	168 (b) No person shall establish a facility for the conduct of a business consisting of or
199	199	169including the performance of one or more forms of body art upon the person of another without a 10 of 45
200	200	170valid permit to operate such facility as a venue within which to conduct body art issued by the
201	201	171department in accordance with this chapter.
202	202	172 (c) The following persons are exempt from the provisions of this chapter:
203	203	173 (i) physicians who practice body art as a part of patient treatment; provided, however,
204	204	174that such body art is performed in a medically acceptable manner; and
205	205	175 (ii) individuals who pierce only the lobe of the ear with a pre-sterilized, single-use stud
206	206	176and clasp ear piercing system without the use of a so-called piercing gun.
207	207	177 (d) The requirements of this chapter to obtain a practitioner license and a body art facility
208	208	178permit are separate from and in addition to the requirements of section 5 of chapter 110. An
209	209	179applicant for a body art establishment permit shall comply with the requirements section 5 of
210	210	180chapter 110. Prior to the issuance of a body art establishment permit an applicant therefore shall
211	211	181demonstrate to the department compliance therewith by way of presentment to the department
212	212	182the original of the business certificate issued by the city clerk pursuant to section 5 of chapter
213	213	183110.
214	214	184 Section 3. (a) A person seeking registration under this chapter so as to obtain a
215	215	185practitioner license shall submit a completed application provided by the department and shall
216	216	186pay a fee of $250. A practitioner license shall be valid for no more than 1 year. The department
217	217	187may renew a practitioner license under this chapter and each applicant for such renewal shall pay
218	218	188a renewal fee of $250. All practitioner licenses shall expire on December 31 of the year of
219	219	189issuance. 11 of 45
220	220	190 (b) An applicant for a practitioner license shall demonstrate to the department his or her
221	221	191successful compliance with all training, disclosure, consent and educational requirements of this
222	222	192chapter relative to the form of body art for which such applicant seeks a practitioner license prior
223	223	193to the issuance or renewal of a practitioner license by the department.
224	224	194 (c) An applicant for a practitioner license shall provide to the department, and shall
225	225	195provide to the owner of any body art establishment in which the applicant intends to perform or
226	226	196in which he does perform body art, valid documentation of his hepatitis B virus (HBV)
227	227	197vaccination status stating:
228	228	198 (i) Certification of completed vaccination;
229	229	199 (ii) Laboratory evidence of immunity;
230	230	200 (iii) Documentation stating the vaccine is contraindicated for medical reasons.
231	231	201Contraindication requires a dated and signed licensed health care professional's statement
232	232	202specifying the name of the practitioner license applicant employee and that the vaccine cannot be
233	233	203given; or,
234	234	204 (iv) Certificate of vaccination declination of HBV, i.e. for medical or religious reasons as
235	235	205provided in section 15 of chapter 76.
236	236	206 Section 4. A body art practitioner shall maintain a high degree of personal cleanliness,
237	237	207conform to hygienic practices and wear clean clothes when conducting body art. If the clothes of
238	238	208a body art practitioner are or become contaminated, clean clothing shall be donned prior to
239	239	209commencement of any further body art. 12 of 45
240	240	210 Section 5. (a) Every applicant for a practitioner license or a renewal of a practitioner
241	241	211license, in order to be qualified for such license, shall provide to the department evidence of
242	242	212satisfaction of the following minimal training requirements:
243	243	213 (i) For a practitioner license enabling one to perform body piercing, the completion of a
244	244	214complete course in anatomy and physiology, (i.e. anatomy and physiology I and II) with a grade
245	245	215of C or better at a college accredited by the New England Association of Schools and Colleges,
246	246	216or comparable accrediting entity. This course work shall include instruction on the systems of the
247	247	217integumentary system (skin).
248	248	218 (ii) For a practitioner license that enables one to perform tattooing, branding and
249	249	219scarification, but not body piercing, the successful completion of a complete course in anatomy
250	250	220and physiology, (i.e. anatomy and physiology I and II) with a grade of C or better at a college
251	251	221accredited by the New England Association of Schools and Colleges, or comparable accrediting
252	252	222entity. This course work shall include instruction on the systems of the integumentary system.
253	253	223Such other course or program as the department shall deem appropriate and acceptable may be
254	254	224substituted for the course in anatomy and physiology otherwise required of an applicant for a
255	255	225practitioner license that enables one to perform tattooing, branding and scarification, but not
256	256	226body piercing.
257	257	227 (iii) For all body art practitioners, the successful completion of a course on prevention of
258	258	228disease transmission and blood borne pathogens taught by an instructor trained and sufficiently
259	259	229knowledgeable to teach this OSHA course. Such knowledge shall include the requirements of 29
260	260	230CFR 190.1030. 13 of 45
261	261	231 (iv) For all body art practitioners, current certification in American Red Cross basic first
262	262	232aid or its equivalent and advanced cardio-pulmonary resuscitation.
263	263	233 (v) Evidence satisfactory to the department of at least 2 years actual experience in the
264	264	234practice of performing body art of the kind for which the applicant seeks a practitioner license to
265	265	235perform, whether such experience was obtained within or outside of the commonwealth, or
266	266	236evidence of a completed apprenticeship program as approved by the commonwealth or the
267	267	237department, with instruction in the kind of body art for which the applicant seeks a practitioner
268	268	238license to perform.
269	269	239 (b) Any course taken by an applicant to fulfill the requirements set forth in this chapter
270	270	240concerning exposure control and blood borne pathogen training shall meet the requirements of
271	271	24129 CFR 1910.1030 et seq, as amended from time to time, and, at a minimum, shall provide
272	272	242instruction in the following subject matter:
273	273	243 (i) A general explanation of the epidemiology and symptoms of blood borne diseases and
274	274	244all communicable diseases potentially transmitted through body art;
275	275	245 (ii) An explanation of the modes of transmission of blood borne pathogens and other
276	276	246communicable diseases potentially transmitted through body art;
277	277	247 (iii) An explanation of the appropriate methods for recognizing tasks and other activities
278	278	248that may involve exposure to blood for the body art practitioner or the client or recipient;
279	279	249 (iv) An explanation of the use and limitations of methods that will prevent or reduce
280	280	250exposure to the body art practitioner and the client or recipient of blood borne pathogens and
281	281	251other communicable diseases; 14 of 45
282	282	252
283	283	253 (v) Information on different types, proper use, and removal of gloves and proper hand
284	284	254washing techniques;
285	285	255 (vi) Information on the proper selection and use of autoclaveants and antiseptics;
286	286	256 (vii) Information on the HBV vaccine, including information on its efficacy, safety,
287	287	257method of administration, and the benefits of vaccination against HBV;
288	288	258 (viii) An explanation of what constitutes an exposure incident, the risk of disease
289	289	259transmission following an exposure incident, and the options for post-exposure evaluation and
290	290	260follow-up if an exposure incident occurs involving blood borne pathogens; and,
291	291	261 (ix) An opportunity for interactive questions and answers with the instructor of the
292	292	262training session.
293	293	263 Upon conclusion of a course as describe above, an examination based on the information
294	294	264covered in the course shall be administered to each attendee of the course by the entity
295	295	265administering the course, with documentation of the results for each attendee provided to him or
296	296	266her. The practitioner license applicant shall provide the results of such examination to the
297	297	267department.
298	298	268 Section 6. An applicant for a practitioner license shall sign a statement provided by the
299	299	269department consenting to and agreeing to abide by all of the provisions of this chapter.
300	300	270 Section 7. (a) If an applicant for a practitioner license demonstrates compliance with
301	301	271clause (i) of subsection (a) of section 5 and all other provisions of this chapter, excepting only
302	302	272clause (ii) of subsection (a) of section 5, than the department is hereby authorized to issue a 15 of 45
303	303	273practitioner license pursuant to the provisions of this chapter which authorizes the applicant to
304	304	274conduct body art consisting only of body piercing.
305	305	275 (b) If an applicant for a practitioner license does not demonstrate compliance with clause
306	306	276(i) of subsection (a) of section 5, but does demonstrate compliance with clause (ii) of subsection
307	307	277(a) of section 5 and with all other provisions of this chapter, than the department is hereby
308	308	278authorized to issue a practitioner license pursuant to the provisions of this chapter that authorizes
309	309	279the applicant to conduct body art consisting only of tattooing, branding and scarification.
310	310	280 Section 8. (a) A body art practitioner shall only perform those forms of body art for
311	311	281which he or she holds a practitioner license issued by the department.
312	312	282 (b) A body art practitioner shall only conduct body art within a facility with a current
313	313	283body art establishment permit, and which establishment is in compliance with all provisions of
314	314	284this chapter. No body art practitioner shall conduct any form of body art in a mobile or
315	315	285temporary body art establishment or establish or operate a mobile or temporary body art
316	316	286establishment.
317	317	287 Section 9. A body art practitioner or an operator shall post in an area of the body art
318	318	288establishment accessible to the department and to clients the original of the current practitioner
319	319	289license of the body art practitioner.
320	320	290 Section 10. A body art practitioner shall not conduct any form of body art while under the
321	321	291influence of alcohol or drugs.
322	322	292 Section 11. A body art practitioner shall not:
323	323	293 (i) Tattoo a minor client; 16 of 45
324	324	294 (ii) Brand a minor client;
325	325	295 (iii) Scar or perform scarification upon a minor client;
326	326	296 (iv) Pierce the genitalia of a minor client;
327	327	297 (v) Pierce a client under 14 years of age with the exception of ear piercing; or
328	328	298 (vi) Perform or engage in any of the activities prohibited under section 56.
329	329	299 Section 12. A body art practitioner shall only conduct body art under sterile conditions.
330	330	300 Section 13. The skin of a body art practitioner shall be free of rash, any lesion or visible
331	331	301sign of infection. A body art practitioner shall not conduct any form of body art upon any area of
332	332	302a client that evidences the presence of any rash, lesion or visible sign of infection.
333	333	303 The skin area or mucosa of a client to receive any form of body art shall be free of rash,
334	334	304any lesion or from any visible sign of infection.
335	335	305 Section 14. (a)The department shall establish a practitioner license apprenticeship
336	336	306program requiring that all participants in such program adhere to and abide by all relevant
337	337	307provisions of this chapter excepting only section 5.
338	338	308 (b) As a minimum requirement of the practitioner license apprenticeship program
339	339	309established by the department, the department shall require that each participant in such program
340	340	310shall be required to complete the requirements in clauses (i) through (iv) of subsection (a) of
341	341	311section 5 and subsection (b) of section 5 prior to a participant in such program conducting any
342	342	312form of body art upon a client or the person of another. 17 of 45
343	343	313 (c) The department is hereby authorized to issue an apprentice license to participants in
344	344	314the practitioner license apprenticeship program provided each such participant qualifies for the
345	345	315same pursuant to the provisions of this chapter and the practitioner license apprenticeship
346	346	316program.
347	347	317 (d) Before a person acting under an apprentice license conducts any form of body art
348	348	318upon a client, that client shall be advised that the person to conduct such body art is in fact an
349	349	319apprentice and is acting only under an apprentice license.
350	350	320 (e) Before a person acting under an apprentice license conducts any form of body art
351	351	321upon a client, such person shall obtain the client's written consent. This written consent shall be
352	352	322physically affixed to the application and consent form for body art required pursuant to section
353	353	32315 and such written consent shall be maintained therewith.
354	354	324 Section 15. Every client shall complete an application and consent form approved by the
355	355	325department prior to having any body art performed upon or to their body.
356	356	326 Every application and consent form shall contain a minimum of the following:
357	357	327 (i) General information regarding body art, including, at a minimum, the following
358	358	328statements:
359	359	329 (a) Tattoos should be considered permanent; and
360	360	330 (b) The removal of tattoos and scars would require surgery or other medical procedure
361	361	331that may result in scarring or additional scarring of the skin;
362	362	332 (ii) Information as to the side effects of body art, including, but not limited to,
363	363	333hypertrophic scarring, possible adverse reaction to ink, dye or pigment, possible change in color 18 of 45
364	364	334of ink, dye or pigment over time, a decreased ability of physician to locate skin melanoma in
365	365	335regions concealed by tattoos, brands, scars and other forms of body art, possible nerve damage,
366	366	336febrile illness, tetanus, systemic infection, and keloid formation;
367	367	337 (iii) Client information, including the name, type of body art being performed, age and
368	368	338valid identification; provided, however, that in the case of a minor client, the parent's or legal
369	369	339guardian's name, proof of parentage or legal guardianship through a copy of a birth certificate or
370	370	340court order of guardianship respectively, or a notarized document signed by the parent or legal
371	371	341guardian attesting to the parent's or legal guardian's relationship to the minor client, and the
372	372	342consent to the conduct of the contemplated body art upon the minor client;
373	373	343 (iv) Instructions requiring the client to adhere to the exposure control plan as such plan
374	374	344relates to the client's conduct in the body art establishment;
375	375	345 (v) The address and phone number of the department and instructions for the client, or in
376	376	346the case of a minor client, the minor client and his or her parent or legal guardian, to contact the
377	377	347department with any questions or concerns regarding safety, sanitization or sterilization
378	378	348procedures;
379	379	349 (vi) The name of the body art practitioner who is to conduct the body art upon the client
380	380	350or minor client and that practitioner's department registration number;
381	381	351 (vii) The manufacturer codes, if any, the identity of the manufacturer, and lot numbers of
382	382	352any ink, dye or pigment to be used in the body art;
383	383	353 (viii) Signature of client; provided, however, that in the case of a minor client, a parent or
384	384	354legal guardian shall sign the consent form in the presence of the body art practitioner; 19 of 45
385	385	355 (ix) The signature of body art practitioner;
386	386	356 (x) The date of all signatures; and,
387	387	357 (xi) The date of the body art procedure, including a daily estimate of progress for the
388	388	358conduct of body art requiring multiple days to complete.
389	389	359 Section 16. (a) A client shall inform the body art practitioner of any known chronic
390	390	360medical or communicable conditions, including, but not limited to diabetes; history of
391	391	361hemophilia or bleeding; history of skin disease, skin lesions or skin sensitivities to soap,
392	392	362disinfectants, etc.; history of allergies or adverse reactions to pigments or dyes or other skin
393	393	363sensitivities; history of epilepsy, seizures, fainting or narcolepsy; the taking of medications such
394	394	364as aspirin or other anticoagulants, which thin the blood or interfere with blood clotting; or a
395	395	365history of or suspicion of adverse reaction to latex or products containing latex.
396	396	366 (b) A client shall inform the body art practitioner of a known pregnancy or possibility of
397	397	367pregnancy.
398	398	368 (c) The body art practitioner shall require the client to sign a release form confirming that
399	399	369the above information was obtained or attempted to be obtained and the client refused to disclose
400	400	370the same.
401	401	371 Section 17. No person shall receive any form of body art activity who is under the
402	402	372influence of drugs or alcohol.
403	403	373 Section 18. All clients shall obtain, read and follow aftercare instructions appropriate for
404	404	374the form of body art conducted upon such person. 20 of 45
405	405	375 Aftercare Instructions shall be approved by the department and shall include, at a
406	406	376minimum the following:
407	407	377 (i) Responsibilities and proper care following the procedure;
408	408	378 (ii) Restrictions, if any, upon the client;
409	409	379 (iii) Signs and symptoms of infection; and,
410	410	380 (iv) Instructions to contact a physician if possible signs of infection occur.
411	411	381 Section 19. (a) No minor client shall receive a tattoo, be branded, be scarred, or have his
412	412	382or her genitalia pierced.
413	413	383 (b) No body art practitioner shall pierce the genitalia of a minor child.
414	414	384 (c) No client under fourteen years of age shall be pierced with the sole exception of ear
415	415	385piercing.
416	416	386 Section 20. A person seeking registration under this chapter so as to obtain a body art
417	417	387establishment permit shall submit a completed application provided by the department and shall
418	418	388pay a fee of $250. A body art establishment permit shall be valid for no more than one year. The
419	419	389department may renew a body art establishment permit under this chapter and each applicant for
420	420	390such renewal shall pay to the a renewal fee of $250. All body art establishment permits shall
421	421	391expire on December 31 of the year of issuance.
422	422	392 Section 21. The operation of a body art establishment or the conduct of any body art
423	423	393under a practitioner license therein shall not occur before 9:00 a.m. nor after 9:00 p.m. Sunday
424	424	394through Thursday and nor before 9:00 a.m. nor after 10:00 p.m. on Friday and Saturday. 21 of 45
425	425	395 Section 22. Every operator or applicant for a body art establishment permit shall submit
426	426	396to the department scaled plans and specifications of the proposed facility wherein any body art is
427	427	397intended to be conducted demonstrating the compliance of the facility with this chapter. The
428	428	398department may require an on-sight inspection of the proposed facility to determine and ensure
429	429	399compliance with the requirements of this chapter prior to the issuance by the department of a
430	430	400body art establishment permit pursuant to this chapter.
431	431	401 Section 23. (a) Each body art establishment shall have at least 1 workstation.
432	432	402 (b) Every workstation shall have a minimum of 60 square feet.
433	433	403 (c) The area within each workstation shall be completely screened from view from any
434	434	404person outside such workstation.
435	435	405 (d) A workstation shall be used for no other purpose.
436	436	406 (e) Each workstation shall be separated from any other area of the body art facility,
437	437	407including other workstations within such body art facility, by a wall or other solid barrier
438	438	408extending from the floor to a minimum height of 8 feet.
439	439	409 (f) A workstation shall be maintained in a clean and sterile condition.
440	440	410 Section 24. (a) Every body art establishment shall have therein a cleaning area. Every
441	441	411cleaning area shall have an area for the placement and use of an autoclave or other sterilization
442	442	412unit located or positioned so as to be a minimum of 36 inches from a required ultrasonic cleaning
443	443	413unit.
444	444	414 (b) Every body art establishment shall have therein an instrument storage area exclusive
445	445	415of the cleaning area. The instrument storage area shall be equipped with cabinets for the storage 22 of 45
446	446	416of all instruments and equipment. The required cabinets shall be located a sufficient distance
447	447	417from the cleaning area so as to prevent contamination of the instruments and equipment stored
448	448	418therein.
449	449	419 (c) Every body art establishment shall have therein a customer waiting area exclusive of
450	450	420and separate from any workstation, instrument storage area or cleaning area.
451	451	421 Section 25. Every workstation, instrument storage area, toilet room, and cleaning area
452	452	422shall be constructed and maintained as follows so as to provide a durable, smooth, nonabsorbent
453	453	423and washable surface:
454	454	424 (i) Floors shall be constructed of commercially rated continuous sheet vinyl, smooth
455	455	425sealed cement, ceramic tile with sealed grout, or other similar materials approved by the
456	456	426department and shall be maintained in good repair free of any holes or cracks;
457	457	427 (ii) Walls shall be covered with a semi-gloss or gloss enamel paint, or constructed of
458	458	428fiberglass reinforced panel, ceramic tile with sealed grout or other similar materials approved by
459	459	429the department and shall be maintained in good repair free of any holes or cracks;
460	460	430 (iii) Ceilings shall be covered with semi-gloss or gloss enamel paint, or approved
461	461	431commercially rated panels or tiles and maintained in good repair free of any holes, cracks or
462	462	432falling matter.
463	463	433 All such floors, walls and ceilings shall be light-colored.
464	464	434 Section 26. All electrical wiring shall be installed and maintained in accordance with
465	465	435state and local wiring codes. 23 of 45
466	466	436 All electrical outlets in all workstations and cleaning areas shall be equipped with
467	467	437approved ground fault protected receptacles.
468	468	438 Section 27. Every workstation shall be well ventilated and have a minimum light service
469	469	439maintained at all times during the conducting of body art at an equivalent of not less than 20 foot
470	470	440candles as measured 36 inches above the floor, except that a minimum of 100 foot candles shall
471	471	441be provided on the area of the client's body subject to the conduct of body art, in any area where
472	472	442instruments or sharps are assembled, and all cleaning areas.
473	473	443 Every workstation, cleaning area and every area in a body art establishment where linens,
474	474	444instruments, sharps or other equipment are exposed, sanitized or sterilized shall be equipped
475	475	445exclusively with readily cleanable light fixtures with light bulbs, lenses or globes made of
476	476	446shatterproof material.
477	477	447 Section 28. (a) All plumbing and plumbing fixtures shall be installed in compliance with
478	478	448local plumbing codes.
479	479	449 (b) To the extent permitted by applicable federal, state and local laws, all liquid wastes
480	480	450shall be discharged through the plumbing system into the public sewerage system or into a
481	481	451department-approved private sewage disposal system.
482	482	452 (c) An adequate pressurized potable water supply shall be provided to every body art
483	483	453establishment.
484	484	454 (d) The public water supply entering a body art establishment shall be protected by a
485	485	455testable, reduced pressure back flow preventor installed in accordance with 142 CMR 248, as
486	486	456amended from time to time. 24 of 45
487	487	457 Section 29. (a) Every body art establishment shall provide toilet rooms with adequate
488	488	458lighting and ventilation to the outside for use by employees and clients, which shall be available
489	489	459to clients during business hours. The number and construction of toilet rooms shall be in
490	490	460accordance with local building and plumbing codes. Every water closet or toilet stall shall be
491	491	461enclosed and have a well-fitting, self-closing door. An adequate supply of toilet tissue shall be
492	492	462provided in a permanently installed dispenser in each water closet or toilet stall. Toilet rooms
493	493	463shall not be used for the storage of instruments or other supplies used for body art.
494	494	464 (b) A body art establishment permanently located within a retail shopping center, or
495	495	465similar setting housing multiple operations within 1 enclosed structure having shared entrance
496	496	466and exit points, shall not be required to provide a separate toilet room within such body art
497	497	467establishment if department-approved toilet facilities are located in the retail shopping center
498	498	468within 300 feet of the body art establishment so as to be readily accessible to any client or body
499	499	469art practitioner.
500	500	470 (c) A hand sink shall be provided within or adjacent to any toilet room and in each
501	501	471workstation. Every hand sink shall be equipped with an adequate supply of hot and cold water
502	502	472under pressure with fixtures to allow for washing of hands, liquid hand cleanser, single-use
503	503	473sanitary towels in devices for dispensing, and a waste container of washable construction. A
504	504	474hand sink shall not be used as a janitorial sink.
505	505	475 (d) At least 1 janitorial sink shall be provided in every body art establishment for use in
506	506	476cleaning the body art establishment and proper disposal of liquid wastes in accordance with all
507	507	477applicable federal, state and local laws. 25 of 45
508	508	478 (e) Every cleaning area shall have an instrument sink. Every instrument sink shall be of
509	509	479adequate size and equipped with hot and cold water under pressure so as to permit the cleaning
510	510	480of instruments.
511	511	481 (f) Every toilet room, all plumbing and all plumbing fixtures shall be kept clean, fully
512	512	482operative, and in good repair.
513	513	483 Section 30. Each operator shall create, update as needed, and comply with an exposure
514	514	484control plan.
515	515	485 The exposure control plan for a body art establishment shall be submitted by the operator
516	516	486to the department for review so as to meet all of the requirements of OSHA regulations, to
517	517	487include, but not limited to 29 CFR 1910.1030 et seq, as amended from time to time.
518	518	488 A copy of the body art establishment's exposure control plan shall be maintained at the
519	519	489body art establishment at all times and shall be made available to the department upon request.
520	520	490 Section 31. A body art establishment shall be required to have a telephone in good
521	521	491working order and easily accessible to all employees and clients during all hours of operation for
522	522	492the purpose of contacting police, fire or emergency medical assistance or ambulance services in
523	523	493the event of an emergency or perceived emergency. A legible sign shall be posted at or adjacent
524	524	494to the telephone indicating the correct emergency telephone numbers and the number of the
525	525	495department.
526	526	496 Section 32. No operator shall permit the use of a body art establishment:
527	527	497 (i) For the sale of food or beverages, whether to be consumed at the body art
528	528	498establishment or off-site; 26 of 45
529	529	499 (ii) As a barbershop or hair salon;
530	530	500 (iii) As a nail salon;
531	531	501 (iv) As a bar, with or without a license for the sale of alcoholic beverages;
532	532	502 (v) As a bowling alley;
533	533	503 (vi) For human habitation;
534	534	504 (vii) As a tanning salon;
535	535	505 (viii) As a massage parlor; or
536	536	506 (ix) For any other use which, in the opinion of the department, may cause the
537	537	507contamination of instruments, equipment, a procedure surface or workstation.
538	538	508 Section 33. If an applicant for a body art establishment permit demonstrates to the
539	539	509department compliance with this chapter, the department is hereby authorized to issue a body art
540	540	510establishment permit pursuant to the provisions of this chapter.
541	541	511 Section 34. The operator of a body art establishment shall post in an area of the body art
542	542	512establishment accessible to the department and to clients the original of the current body art
543	543	513establishment permit issued by the department.
544	544	514 Section 35. No person affected with boils, infected wounds, open sores, abrasions,
545	545	515weeping dermatological lesions or acute respiratory infection shall work in any area of, or in any
546	546	516capacity in, a body art establishment which would create a likelihood that that person could
547	547	517contaminate equipment, instruments, supplies, procedure surfaces, workstations or other 27 of 45
548	548	518otherwise compromise or could reasonably be expected to compromise the sterility of the body
549	549	519art establishment with body substances or pathogenic organisms.
550	550	520 Section 36. The procedure surface and the surface of all furniture and counter tops
551	551	521located in a workstation, instrument storage area and cleaning area shall be made of materials
552	552	522that are, or shall be treated so as to be, smooth, non-absorbent, non-porous, easily cleanable and
553	553	523able to withstand repeated cleaning and disinfecting. Such surfaces shall be maintained in a good
554	554	524condition free from holes and cracks.
555	555	525 Section 37. (a) Every body art establishment shall have at a minimum the following:
556	556	526 (i) One or more ultrasonic cleaning units sold for cleaning purposes under approval of the
557	557	527United States Food and Drug Administration. Every ultrasonic cleaning unit shall be clearly
558	558	528labeled "biohazardous" and shall be installed or placed in the cleaning area at a minimum
559	559	529distance of 36 inches from the required autoclave or other sterilization unit.
560	560	530 (ii) One or more autoclave or other sterilization unit sold for medical sterilization
561	561	531purposes under approval of the United States Food and Drug Administration; and,
562	562	532 (b) Every operator and body art practitioner shall be knowledgeable in the required
563	563	533washing, cleaning and sterilization procedures including the proper operation of the ultrasonic
564	564	534cleaning unit and autoclave or other sterilization unit.
565	565	535 Section 38. Every workstation shall have a foot-operated, covered, cleanable, waste
566	566	536receptacle for disposal of trash and other debris.
567	567	537 Every workstation shall have an approved sharps container exclusively used for the
568	568	538disposal of contaminated waste. 28 of 45
569	569	539 Section 39. (a) Every body art establishment or body art practitioner shall maintain an
570	570	540adequate supply of reusable, launderable linens or single-use linens, such as drapes, lap cloths
571	571	541and aprons, to be used in conducting body art.
572	572	542 (b) If used in body art, rotary pens, also known as cosmetic machines, shall have
573	573	543detachable, disposable, sterile combo couplers and shall have detachable, disposable casings or
574	574	544casings designed and manufactured to be easily cleaned and sterilized.
575	575	545 (c) All inks, dyes and pigments used to alter the color of skin in the conduct of body art
576	576	546shall be specifically manufactured for such purpose, approved, properly labeled as to its
577	577	547ingredients, manufacturer and lot number in accordance with applicable United States Food and
578	578	548Drug Administration requirements, and shall not be contaminated or adulterated. The mixing of
579	579	549such inks, dyes or pigments or the dilution of the same with potable sterile water is acceptable,
580	580	550unless prohibited or not recommended by the product manufacturer.
581	581	551 Inks, dyes and pigments prepared by or at the direction of a body art practitioner for use
582	582	552in body art shall be made exclusively of non-toxic and non-contaminated ingredients approved
583	583	553by the department or the United States Food and Drug Administration.
584	584	554 (d) Equipment, instruments and supplies intended for single-use shall not be used more
585	585	555that one time.
586	586	556 Section 40. Jewelry shall be sterilized, free from polishing compounds, free from nicks,
587	587	557scratches, burrs or irregular surface conditions. Jewelry of 16 gage girth or thicker shall not have
588	588	558raised external threads or threading. Jewelry shall be in good condition, designed and
589	589	559manufactured for insertion into the intended body part of the client. 29 of 45
590	590	560 The use of previously worn jewelry or jewelry brought into the body art establishment by
591	591	561the client or another is prohibited.
592	592	562 Only jewelry manufactured of surgical implant stainless steel of American Society for
593	593	563Testing and Material Standards grade F138, surgical implant solid 14K or 18K white or yellow
594	594	564gold, niobium, surgical implant titanium of Ti6A4V ELI, American Society for Testing and
595	595	565Material Standards F-136-98, platinum or other materials considered by the department to be
596	596	566equally bio-compatible and capable of adequate cleaning and sterilization shall be inserted into a
597	597	567client.
598	598	568 Section 41. No operator, body art practitioner or other person shall utilize or have
599	599	569available in a body art establishment any:
600	600	570 (i) Instruments or materials, such as styptic pencils or devices, alum, or any similar
601	601	571material, used to check the flow of blood;
602	602	572 (ii) Liquid sterilants for the attempted sterilization of any re-usable instrument or
603	603	573component;
604	604	574 (iii) Rotary pens that are designed or manufactured with a sponge type material at the
605	605	575opening of the chamber for the purpose of prohibiting the backflow of pigment and body fluid
606	606	576into the machine;
607	607	577 (iv) Multiple-use instruments or components that are designed in such a manner that
608	608	578restrict or prevent proper washing, cleaning or sterilization;
609	609	579 (v) Drugs, chemicals or agents that require a licensed medical practitioner's authorization
610	610	580for use, application or dispensation; 30 of 45
611	611	581 (vi) Suturing kits or suturing devices, scalpels, cauterizing tools or devices, or other tools,
612	612	582devices or instruments used for or in conjunction with any prohibited body art, and not otherwise
613	613	583properly used for any allowed body art;
614	614	584 (vii) Piercing needles or piercing tapers for the sale or use by one not a body art
615	615	585practitioner; or
616	616	586 (viii) Needles used in the practice of play piercing.
617	617	587 Section 42. No body art practitioner shall conduct any form of body art upon an animal.
618	618	588 No animal, except one actually serving as any guide animal, signal animal or service
619	619	589animal accompanied by a totally or partially blind person or deaf person or a person whose
620	620	590hearing is impaired or handicapped person, shall be allowed in a body art establishment.
621	621	591 Section 43. No person shall smoke, or otherwise use any form of tobacco, eat or drink at
622	622	592or in a workstation, instrument storage area or cleaning area. Only in the case of medical need
623	623	593may fluids be consumed by a client.
624	624	594 Section 44. (a) Except as set forth in these regulations, no operator, body art practitioner
625	625	595or other person shall deliberately expose any client or person to disease or illness or otherwise
626	626	596knowingly contaminate any instrument or area in a body art establishment without then
627	627	597sterilizing the instrument or area.
628	628	598 (b) An exposure incident report shall be completed by the close of the business day
629	629	599during which an exposure has or might have taken place by the involved or knowledgeable body
630	630	600art practitioner for every exposure incident occurring in the conduct of any body art. Each
631	631	601exposure incident report shall contain: 31 of 45
632	632	602 (i) A copy of the application and consent form for body art completed by any client or
633	633	603minor client involved in the exposure incident;
634	634	604 (ii) A full description of the exposure incident, including the portion of the body involved
635	635	605therein;
636	636	606 (iii) The name or description of any instrument or other equipment implicated;
637	637	607 (iv) A copy of the practitioner license of the involved body art practitioner.
638	638	608 (v) Date and time of exposure;
639	639	609 (vi) A copy of any medical history released to the body art establishment or body art
640	640	610practitioner; and
641	641	611 (vii) Information regarding any recommendation to refer to a physician or waiver to
642	642	612consult a physician by persons involved.
643	643	613 Section 45. (a) Every operator shall have and retain at the body art establishment for
644	644	614inspection by the department the following information for the time period specified below, to be
645	645	615updated as needed to remain current:
646	646	616 (i) One copy of the exposure control plan for the body art establishment submitted to the
647	647	617department;
648	648	618 (ii) Employment records covering the last 3 years of operation that indicate the
649	649	619employee’s name, home address, home phone number, identification photograph, state
650	650	620identification card number, physical description as detailed on state identification card, date of
651	651	621birth, types of body art procedures conducted, dates of employment at the body art 32 of 45
652	652	622establishment, body art practitioner registration number, hepatitis B vaccination status or
653	653	623declination notification;
654	654	624 (iii) Body art practitioner independent operator records for the last 3 years that indicate
655	655	625the operator’s name, home address, phone number, state identification card number, physical
656	656	626description as detailed on state identification card, date of birth, types of body art procedures
657	657	627conducted, dates operating at the body art establishment, body art practitioner registration
658	658	628number, hepatitis B vaccination status or declination notification;
659	659	629 (iv) Client records for the last 2 years, which shall include copies of all application and
660	660	630consent forms for body art;
661	661	631 (v) Waste hauler manifests for contaminated waste transport and disposal over the last 3
662	662	632years;
663	663	633 (vi) Documentation for the last 3 years to verify training of exposure control plan to all
664	664	634employees and body art practitioner independent operators conducting body art at such
665	665	635establishment;
666	666	636 (vii) Commercial biological monitoring spore system test results for the last 3 years; and
667	667	637 (viii) At least 1 copy of the most current version of the text of this chapter and any state
668	668	638regulations concerning the practice of body art.
669	669	639 (b) Every operator shall have and permanently retain at the body art establishment for
670	670	640inspection by the department all exposure incident reports. The disposal or destruction of these
671	671	641reports is prohibited. 33 of 45
672	672	642 Section 46. Every area of a body art establishment shall be kept in good repair, clean and
673	673	643free of all vermin and maintained so as to prevent contamination of clients and other persons.
674	674	644 All instruments, equipment and procedure surfaces used for body art, including, but not
675	675	645limited to, devices, containers, cabinets, storage compartments, chairs, tables, counters, and
676	676	646dispensers shall be maintained clean, fully operative, and in good repair and free from
677	677	647contamination.
678	678	648 All instruments manufactured for performing any specific body art shall be so designated,
679	679	649used and approved, and shall not be modified, adulterated, contaminated or improperly used.
680	680	650Instruments used for body piercing shall be constructed of stainless surgical-grade steel, and
681	681	651designed and manufactured for such use.
682	682	652 Section 47.(a) Every contaminated reusable instrument or component thereof, including,
683	683	653but not limited to, needles, needle bars, needle tubes, needle caps, body piercing tubes, rotary
684	684	654pens, and coil machines, shall be immersed in water or other approved liquid solution in the
685	685	655cleaning area until cleaned and sterilized.
686	686	656 (b) Prior to sterilization, every such instrument shall be thoroughly washed by scrubbing
687	687	657with an appropriate disinfectant and hot water in accordance with manufacturer's instructions so
688	688	658as to remove contamination and foreign matter.
689	689	659 (c) Upon completion of the washing process as set forth in subsection (b), every such
690	690	660instrument shall be cleaned using an ultrasonic cleaning unit in accordance with manufacturer's
691	691	661instructions. 34 of 45
692	692	662 (d) Upon completion of the cleaning process as set forth in subsection (c), every such
693	693	663instrument shall be packaged into procedure set-up packages with color change indicators
694	694	664designed to indicate complete sterilization thereof, initials of the person responsible for
695	695	665sterilizing the instruments and date of such sterilization. Instruments may be packaged
696	696	666individually or with other instruments to the extent permitted under the package manufacturer's
697	697	667instructions.
698	698	668 (e) Upon completion of the packaging process as set forth in subsection (d), every such
699	699	669instrument shall be properly sterilized by properly autoclaving in an approved autoclave or
700	700	670sterilized in another type of sterilization unit according to manufacturer's instructions.
701	701	671 (f) If a package becomes wet, is opened or is otherwise compromised so as to allow the
702	702	672possible contamination of the contents of the package, any instrument therein shall be deemed
703	703	673contaminated and shall again be washed, cleaned, packaged and sterilized as indicated above
704	704	674prior to use.
705	705	675 (g) Sterilized instruments shall be stored in a dry, clean cabinet or tightly covered
706	706	676container. Cabinets and containers designated for the storage of sterilized instruments shall be
707	707	677used for that purpose exclusively.
708	708	678 (h) Every sterilized package shall be deemed expired 6 months after the date of
709	709	679sterilization. Every instrument therein shall again be washed, cleaned, packaged and sterilized
710	710	680consistent with the provisions of this section prior to use.
711	711	681 (i) Liquid sterilants shall not be used for the sterilization of any reusable instrument. 35 of 45
712	712	682 Section 48. (a) All instruments shall be stored in the instrument storage area in a manner
713	713	683so as to prevent contamination. Identical instruments shall be exclusively stored together, unless
714	714	684intermingled storage with different instruments does not represent a hazard as determined by the
715	715	685department.
716	716	686 (b) All germicides, disinfectants, chemicals, and cleansers shall be used according to the
717	717	687manufacturer's requirements, used only for the purpose approved and intended by the
718	718	688manufacturer and properly labeled and stored so as to prevent contamination and hazard.
719	719	689 (c) Clean linen shall be stored in a manner so as to prevent contamination. Containers
720	720	690used for the storage of such linen shall be clearly labeled as to the contents and used for no other
721	721	691purpose. Linens that have become soiled or contaminated shall be disposed of, or not be used,
722	722	692until properly laundered. Contaminated linen shall be labeled, handled, stored, transported, and
723	723	693laundered or disposed of so as to prevent hazard in a manner approved by the department.
724	724	694 Any other protective clothing, garment or cloth items worn during or used during in body
725	725	695art and intended for reuse shall be mechanically washed with detergent and dried after each use.
726	726	696The items shall be stored in a clean, dry manner and protected from contamination until used.
727	727	697Should such items become contaminated directly or indirectly with bodily fluids, the items shall
728	728	698be washed in accordance with standards applicable to hospitals and medical care facilities, at a
729	729	699temperature of 160 degrees Fahrenheit or a temperature of 120 degrees Fahrenheit with the use
730	730	700of chlorine disinfectant.
731	731	701 (d) All storage containers, cabinets, shelves and other storage areas in the instrument
732	732	702storage area shall be properly labeled as to their contents, including, but not limited to,
733	733	703identification of contaminated or soiled contents as appropriate. 36 of 45
734	734	704 Section 49. Every ultrasonic cleaning unit and autoclave or sterilization unit shall be used
735	735	705and maintained according to manufacturer's specifications. Each ultrasonic cleaning unit,
736	736	706autoclave or other sterilization unit shall be emptied and thoroughly cleaned and disinfected at
737	737	707least once each day that the unit is used.
738	738	708 Every autoclave or sterilization unit shall be tested with a commercial biological
739	739	709monitoring spore system test in a manner and frequency consistent with the manufacturer's
740	740	710instructions, but no less than once every week, to monitor the efficacy of the eradication of all
741	741	711living organisms, including spores, by the autoclave or other sterilization unit.
742	742	712 Biological monitoring spore system testing of the autoclave or other sterilization unit
743	743	713shall be performed by an independent commercial testing laboratory contracted by the operator
744	744	714or body art practitioner. A provision shall be included in the contact between the operator or
745	745	715body art practitioner with the commercial testing laboratory requiring the commercial testing
746	746	716facility to notify the department of any failure of the autoclave or other sterilization unit to
747	747	717eradicate all living organisms, including spores.
748	748	718 Section 50. All waste shall be removed from the body art establishment on a daily basis
749	749	719and placed in an approved secured receptacle for pickup and removal.
750	750	720 All contaminated waste in solid form and sharps, shall be disposed of through use of an
751	751	721approved waste hauler in accordance with all applicable state and federal and local laws. The
752	752	722frequency of disposal shall be determined by the department, but shall be no less than every 30
753	753	723days.
754	754	724 Section 51. (a) The conduct of body art shall occur only upon a client or minor client in a
755	755	725workstation under sterile conditions. 37 of 45
756	756	726 Only the client, a the parent or legal guardian of a minor client, the guide or service
757	757	727animal of a client, the body art practitioner conducting the body art and an assistant or apprentice
758	758	728to the body art practitioner, with the express permission of the client, shall be permitted in the
759	759	729workstation during the conduct of body art.
760	760	730 (b) All surfaces in a workstation which come in contact with a client or which become
761	761	731contaminated or which may reasonably have become contaminated shall be cleaned with water
762	762	732and soap or other appropriate cleaning compound immediately following the conduct of body art
763	763	733upon a client.
764	764	734 The workstation, including, but not limited to the client's chair, table, tray, procedure
765	765	735surface and similar surfaces shall be thoroughly sanitized with an approved disinfectant
766	766	736immediately before and immediately after the conduct of body art upon a client.
767	767	737 (c) A body art practitioner shall clean his or her hands and forearms thoroughly by
768	768	738washing with antibacterial soap and warm water and promptly dry the same with single-use
769	769	739paper towels or like material prior to conducting any body art.
770	770	740 A body art practitioner shall wear new, clean, single-use examination gloves while
771	771	741assembling all instruments and other supplies intended for use in the conduct of body art and
772	772	742during the conduct of body art upon a client. New, clean, single-use non-latex examination
773	773	743gloves shall be used during the preparation for and the conduct of any body art upon a client with
774	774	744a known or a suspected latex allergy.
775	775	745 If an examination glove is pierced, torn or contaminated through contact with any part of
776	776	746the client not subject to the conduct of body art or such other surface so as to present the
777	777	747possibility of contamination, any person other than the client, or otherwise exposed to an 38 of 45
778	778	748unsanitary or non-sterile surface, both gloves shall be promptly removed and discarded into an
779	779	749appropriate waste receptacle. The body art practitioner shall don new gloves before proceeding
780	780	750with the conduct of body art.
781	781	751 If the gloves of a body art practitioner are removed at any time during assembly of
782	782	752instruments or supplies, or the conduct of body art, the body art practitioner shall clean his or her
783	783	753hands and don new gloves in accordance with this section.
784	784	754 The use of single-use examination gloves does not preclude or substitute for the above
785	785	755hand washing requirement.
786	786	756 (d) Every body art practitioner shall use linens, properly cleaned in accordance with these
787	787	757regulations, or new single-use drapes, lap cloths, and aprons for each element of body art
788	788	758conducted upon a client.
789	789	759 Every substance used in the conduct of body art shall be dispensed from containers so as
790	790	760to prevent contamination or the possibility of contamination of the unused portion. Immediately
791	791	761before tattooing a client, a sufficient quantity of the ink, dye or pigment to be used shall be
792	792	762transferred from its original bottle or container into sterile, single-use disposable cups, caps or
793	793	763containers.
794	794	764 Upon sanitization of the workstation, the instrument tray shall be covered with an
795	795	765uncontaminated single-use paper towel, tray cover or similar material.
796	796	766 Every instrument required for the conduct of body art upon a client shall be placed and
797	797	767arranged on the instrument tray in a manner so as to prevent contamination of sterilized 39 of 45
798	798	768instruments. All sterilized instruments shall remain in sterile packages until opened in front of
799	799	769the client.
800	800	770 Sharps containers shall be easily accessible to the body art practitioner and located as
801	801	771close as is feasible to the immediate area where the sharps will be used.
802	802	772 (e) All instruments used in the conduct of body art shall be without contamination, and
803	803	773shall be properly cleaned, sanitized and sterilized in accordance with this chapter.
804	804	774 All instruments and other equipment or supplies used in the conduct of body art that are
805	805	775designed or intended for single-use shall only be used once.
806	806	776 All sharps shall be properly disposed of immediately following use in a sharps container.
807	807	777 All product applied to the skin, including body art stencils, shall be single-use and shall
808	808	778be used only once.
809	809	779 Products used in the application of body art stencils shall be dispensed and applied to the
810	810	780area of the client upon which the body art is to be performed with sterile gauze or other sterile
811	811	781applicator so as to prevent contamination of the container and contents of the product in use. The
812	812	782gause or other applicator shall be used only once.
813	813	783 Only single-use disposable razors shall be used in the conducting of body art and such
814	814	784single-use disposable razors shall not be used more than one time.
815	815	785 Section 52. Disposable items such as gloves, wipes, cotton balls, Q-tips, water cups, rinse
816	816	786cups that are used alone or in an ultrasonic cleaning unit, drapes, lap cloths, aprons and other
817	817	787single-use items that have come into contact with any person, client, workstation, instrument
818	818	788trays, counters, towels or linens used for the conduct of body art, or have otherwise become 40 of 45
819	819	789contaminated shall be promptly discarded during or upon completion of the conduct of body art
820	820	790into an appropriate waste receptacle in accordance with this chapter.
821	821	791 Section 53. The following shall be deemed to be multiple body art procedures on a single
822	822	792client, each requiring proper washing, cleaning, sanitization and sterilization of instruments,
823	823	793workstations and other equipment and areas as set forth under these regulations:
824	824	794 (i) Creating 2 or more tattoos on different areas of the body of a single client;
825	825	795 (ii) The use of more than one needle or scalpel during the conduct of body art upon a
826	826	796single client; or
827	827	797 (iii) Creating one tattoo and the use of one needle or scalpel on a single client.
828	828	798 Section 54. Cosmetic tattooing, permanent cosmetics, micro pigment implantation or
829	829	799dermal pigmentation, are all prohibited unless performed by a medical doctor licensed by the
830	830	800commonwealth or such other person that receives a license, permit or registration by the
831	831	801commonwealth specifically to perform such activities.
832	832	802 If a person obtains such a license, permit or registration from the commonwealth, such
833	833	803person may conduct such body art provided all requirements of this chapter are complied with,
834	834	804excepting only subsection (a) of section 2.
835	835	805 Section 55. The use of a piercing gun is prohibited at all times.
836	836	806 Section 56. The following body art practices are prohibited:
837	837	807 (i) Piercing of the uvula, tracheal area, neck, ankle, gums, webbed area of the hand or
838	838	808foot, lingual frenum, clitoris, anus, or eyelid; 41 of 45
839	839	809 (ii) Piercing between the ribs or vertebrae;
840	840	810 (iii) Any form of chest or deep muscle piercings, excluding piercing of a nipple;
841	841	811 (iv) The form of body piercing known as pocketing;
842	842	812 (v) Piercing or skewering of a testicle;
843	843	813 (vi) Deep piercing of the penis or trans-penis piercing in any area from the corona glandis
844	844	814to the pubic bone;
845	845	815 (vii) Piercing through the scrotum, deep piercing of the scrotum or trans-scrotal piercing;
846	846	816 (viii) Deep piercing of the vagina, including but not limited to triangles;
847	847	817 (ix) Cutting, splitting or other bifurcation of the tongue unless performed by a medical
848	848	818doctor licensed by the commonwealth;
849	849	819 (x) Braiding of the skin unless performed by a medical doctor licensed by the
850	850	820commonwealth;
851	851	821 (xi) Three dimensional body art, including beading and implantation unless performed by
852	852	822a medical doctor licensed by the commonwealth;
853	853	823 (xii) Filing, shaping or the intentional fracturing or extraction of a tooth unless performed
854	854	824by a dentist licensed by the commonwealth;
855	855	825 (xiii) Cutting, notching, sculpting or other modification of cartilage unless performed by
856	856	826a doctor licensed by the commonwealth; 42 of 45
857	857	827 (xiv) The intentional amputation of any part of the body unless performed by a doctor
858	858	828licensed by the commonwealth;
859	859	829 (xv) The modification of the genitalia by means of sub-incision, bifurcation, castration,
860	860	830male or female nullification or other surgical means unless performed by a doctor licensed by the
861	861	831commonwealth; or
862	862	832 (xvi) The introduction of saline solution or other liquid or semi-liquid substance into the
863	863	833body of another for the purposed of causing a modification of the body unless performed by a
864	864	834medical doctor licensed by the commonwealth.
865	865	835 Section 57. (a) Variance may be granted from a particular section or provision of this
866	866	836chapter by the department with respect to a particular case only when, in the sole opinion of the
867	867	837department:
868	868	838 (i) The enforcement of the subject section or provision would do manifest injustice; and
869	869	839 (ii) The applicant for a practitioner license or body art establishment permit, as the case
870	870	840may be, has proved to the satisfaction of the department that the same degree of protection
871	871	841required under this chapter can be achieved without the strict application or enforcement of the
872	872	842subject section or provision.
873	873	843 (b) Every request for a variance pursuant shall be made in writing to the department and
874	874	844shall state the specific section, subsection or provision from which variance is sought.
875	875	845 Every variance granted by the department shall be in writing and the original of the
876	876	846variance document shall be posted, in the case of a variance relating to a practitioner license,
877	877	847with the posting of the practitioner license as required by section 9 and in the case of a variance 43 of 45
878	878	848relating to a body art establishment permit, with the posting of the body art establishment permit
879	879	849as required by section 34.
880	880	850 A copy or duplicate original of all variance documents issued by the department shall be
881	881	851held on file in an office of the department.
882	882	852 A variance document issued by the department shall contain information so as to
883	883	853reasonably inform the public of the nature of the variance, the need therefore, the specific section
884	884	854or provision of this chapter from which variance was granted and the name of the subject body
885	885	855art practitioner or body art establishment.
886	886	856 Information advising as to whether the subject variance is unlimited in time or duration or
887	887	857has a fixed expiration date shall be detailed in all variance documents issued by the department.
888	888	858 (c) Any variance granted by the department may be subject to such qualification,
889	889	859expiration, revocation, modification or suspension as the department shall deem appropriate.
890	890	860 Section 58. A practitioner license shall be suspended by the department immediately
891	891	861upon written notice of such suspension to the subject body art practitioner when, in the sole
892	892	862discretion of the department, the department has reason to believe that, due to a condition or
893	893	863practice of the body art practitioner, an imminent threat to the public health or welfare exists.
894	894	864 When the condition or practice believed to cause such threat to the public health or
895	895	865welfare is abated or corrected to the satisfaction of the department, the department may terminate
896	896	866the suspension of the practitioner license of the subject body art practitioner and reinstate the
897	897	867same upon written notice to the body art practitioner and the practitioner license of such body art 44 of 45
898	898	868practitioner shall remain in full force and effect until the expiration of the same or until a
899	899	869subsequent suspension, termination, revocation or modification thereof.
900	900	870 In all other instances of a violation of this chapter by a body art practitioner, the
901	901	871department shall serve upon the subject body art practitioner written order of notice detailing the
902	902	872condition, event or practice determined by the department to be in violation of this chapter and
903	903	873such written order of notice shall instruct the body art practitioner that he or she shall have 5
904	904	874business days to abate or correct such condition, event or practice to the satisfaction of the
905	905	875department.
906	906	876 Should a body art practitioner, subject to an order of notice pursuant to this section fail to
907	907	877abate or correct the condition, event or practice which is the subject of an order of notice, or to
908	908	878otherwise comply with an order of notice, the department may suspend, terminate, revoke or
909	909	879modify the license held by such body art practitioner.
910	910	880 Section 59. A body art establishment permit shall be suspended by the department
911	911	881immediately upon written notice of such suspension to the subject operator when, in the sole
912	912	882discretion of the department, due to a condition of or practice in the body art establishment, the
913	913	883department has reason to believe that an imminent threat to the public health and or welfare
914	914	884exists.
915	915	885 When the condition or practice believed to cause such threat to the public health and or
916	916	886welfare is abated or corrected to the satisfaction of the department, the department may terminate
917	917	887the suspension of the body art establishment permit of the subject operator and reinstate the same
918	918	888upon written notice to the subject operator and the body art establishment permit of such body art 45 of 45
919	919	889establishment shall remain in full force and effect until the expiration of the same or until a
920	920	890subsequent suspension, termination, revocation or modification thereof.
921	921	891 In all other instances of a violation of this chapter by an operator or in a body art
922	922	892establishment, the department shall serve upon the subject operator written order of notice
923	923	893detailing the condition, event or practice determined by the department to be in violation of this
924	924	894chapter and such order of notice shall instruct the operator that he or she shall have 5 business
925	925	895days to abate or correct such condition, event or practice to the satisfaction of the department.
926	926	896 Should an operator, subject to an order of notice pursuant to this section fail to abate or
927	927	897correct the condition, event or practice which is the subject of an order of notice, or to otherwise
928	928	898comply with an order of notice, the department may suspend, terminate, revoke or modify the
929	929	899body art establishment permit held by such operator.
930	930	900 Section 60. (a) Whoever violates any provision of this chapter may be penalized by
931	931	901indictment or on a criminal complaint brought in the district court.
932	932	902 The fine for a violation of any provision of this chapter shall be no less than $300 per
933	933	903offense. Each day that a violation continues shall be deemed to be a separate offense.
934	934	904 (b) Whoever violates any provision of this chapter, may be penalized by a non-criminal
935	935	905disposition as provided in section 21D of chapter 40.
936	936	906 Section 61. The department shall promulgate any rules, regulations or standards
937	937	907necessary to implement this chapter.