§ 402-6. 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 a clean condition. All procedure surfaces, including client chairs/benches, shall be of such construction as to be easily cleaned and sanitized after each client.

(2) 

Solid partitions or walls extending from floor to ceiling shall separate the establishment's space from any other room used for human habitation, any food establishment or room where food is prepared, any hair salon, any retail sales, or any other such activity that may cause potential contamination of work surfaces.

(3) 

The establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin, and rodents within the establishment.

(4) 

Each 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 from public view for clients requesting privacy. Multiple body art stations shall be separated by a dividers or partition at a minimum.

(5) 

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

(6) 

All electrical outlets in operator areas and cleaning areas 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, preferably equipped with wrist- or foot-operated controls and supplied with liquid soap, and disposable paper towels stored in fixed dispensers shall be readily accessible within the establishment. Each operator area shall have a hand sink.

(8) 

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

(9) 

There shall be a minimum of one toilet room containing a toilet and sink. The toilet room shall be provided with toilet paper, liquid hand soap and paper towels stored in a fixed dispenser. 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-approved 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 backflow preventor installed in accordance with 142 Code of Massachusetts Regulation 248, as amended from time to time.

(11) 

At least one covered, foot-operated waste receptacle shall be provided in each operator area and each toilet room. Receptacles in the operator area shall be emptied daily. Solid waste shall be stored in covered, leakproof, rodent-resistant containers and shall be removed from the premises at least weekly.

(12) 

At 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, all 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 each use by scrubbing with an appropriate soap or disinfectant solution and hot water, (to remove blood and tissue residue), and shall be placed in an ultrasonic unit 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 with an expiration date not to exceed six months.

(3) 

The autoclave shall be used, cleaned, and maintained according to manufacturer's instruction. A copy of the manufacturer's recommended procedures for the operation of the autoclave must be available for inspection by the Board. Autoclaves shall be located away from workstations or areas frequented by the public.

(4) 

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

(5) 

All instruments used for body art procedures shall remain stored in sterile packages until just prior to the performance of a body art procedure. After sterilization, the instruments used in body art procedures shall be stored in a dry, clean cabinet or other tightly covered container reserved for the storage of such instruments.

(6) 

Sterile instruments may not be used if the package has been breached or after the expiration date without first repackaging and re-sterilizing.

(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. or a temperature of 120° 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 also be given to each client, advising him/her of the risks and possible consequences of body art procedures.

(2) 

The name, address and phone number of the Southwick Board of Health.

(3) 

An emergency plan, including:

(a) 

A plan for the purpose of contacting police, fire or emergency medical services in the event of an emergency;

(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 body art establishment permit.

(6) 

Each practitioner's permit.

E. 

Establishment recordkeeping. The establishment shall maintain the following records in a secure place for a minimum of three years, and such records shall be made available to the Board upon request:

(1) 

Establishment information, which shall include:

(a) 

Establishment name.

(b) 

Hours of operation.

(c) 

Owner's name and address.

(d) 

A complete description of all body art procedures performed.

(e) 

An inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if applicable. Invoices or packing slips shall satisfy this requirement.

(f) 

A Material Safety Data Sheet, when available, as required by law.

(g) 

Copies of waste hauler manifests.

(h) 

Copies of commercial biological monitoring tests.

(i) 

Exposure Incident Report (kept permanently).

(j) 

A copy of these regulations.

(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 or declination notification; and

(h) 

Training records.

(3) 

Client information.

(a) 

Client information, which shall include:

[1] 

Name;

[2] 

Age and valid photo identification;

[3] 

Address of the client;

[4] 

Date of the procedure;

[5] 

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

[6] 

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

[7] 

A signed consent form as specified by § 402-7D(2); and

[8] 

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.

(b) 

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 Regulations 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.