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HomeMy WebLinkAbout2018-06-28 Board of Health Supplemental Materials (6) ADDENDUM TO THE NORTH ANDOVER'S BODY ART REGULATIONS FOR IMPLEMENTATION AND ENFORCEMENT APPROVED: Brian J. LaGrasse Director of Public Health Revised:June .28, .2018 Introduction The following requirements have been developed to accompany the North Andover's Body Art Regulations. The Regulation and this Addendum govern all forms of body art in Not Andover, including the practitioners performing the body art and the establishments where they practice. Body art includes, but is not limited to, body piercing, tattooing, cosmetic tattooing/permanent cosmetics, micropigmentation, microblading or any other form of introducing dye sub dermally. As authorized by the Board of Health,this addendum is intended to provide additional requirements and clarification of the Regulation. Definitions The following definitions will be in addition to the definitions in Section 2 of the regulations: Microblading: A form of semipermanent tattoo procedure using hair like incision strobes using a nanoblade instead of a tattoo gun. A nanoblade consists of tiny needles and is dipped into a pigment and glided along the skin, only penetrating into the upper skin creating hair life strokes or shading. This is typically used for eyebrows but can be used on other parts of the body and also used for semi- permanent cosmetics. Permeant Cosmetics: A cosmetic technique which employs tattoos (permanent pigmentation of the dermis) as a means of producing designs that resemble makeup, such as eye lining and other permanent enhancing colors to the skin of the body, face, lips, eye brows and eyelids. It is also used to restore or enhance the breast's areola, such as after breast surgery. Permanent Cosmetics is also called Permanent Makeup, Derma pigmentation, Micro i mentation and Cosmetic Tattooin . Licenses,Permits, and Registrations The following will be included in Section I0(A) 1. All body art practitioners (including tattoo artists,piercers, cosmetologists and aestheticians performing body art, microblading,micropigmentation,permanent cosmetics, etc.) must hold a valid license from the North Andover Health Department to practice in North Andover. Practitioners may only practice in a business with a valid Body Art Facility/Establishment permit. Providing Body Art procedures of any kind without a license or outside of a permitted establishment is prohibited. Body Art Practitioner License The following Section Replaces Section IO(E) in its entirety. Minimal Training Requirements: 1. A �pprcnticeshipLicense (New Practitioners Only) A. If a Body Art Practitioner Applicant has not previously held a Body Art Practitioners License in North Andover or another city/town within the Commonwealth of Massachusetts or in another state with equivalent requirements for a minimum of two years,then the applicant must first apply for an Apprenticeship License. Equivalent requirements are subject to approval by the Health Department. B. A Body Art Practitioner Apprenticeship Applicant must comply with items 2, 3, 4 and 5 below and must apply to the Board of Health for a License to Apprentice in North Andover. C. Applicants must complete a one year apprenticeship under a Body Art Practitioner with a valid North Andover Body Art Practitioners License. D. A Body Art Practitioner mentoring an apprentice must be a licensed Body Art Practitioner in North Andover for a minimum of two years. E. Any Body Art Practitioner Apprenticeship License established by the Board shall require that all practitioner apprentices adhere to and abide by all relevant provisions of this Body Art Regulation. 2. Anatomy and Physiology Course A. An Anatomy and Physiology course or other relevant courses by accredited schools deemed acceptable to the Department that incorporate a general explanation of principals of Human Anatomy and Physiology; B. A general explanation of the skin system and symptoms of any skin disease potentially caused through Body Art activity, and C. An opportunity for interactive questions and answers with the instructor of the training session. Course must be in person and may not be online, 3. Blood Borne Pathogen Training Course A. Any course taken by an applicant to fulfill the requirements set forth in the Body Art Regulation concerning exposure control and blood borne pathogen training shall meet the requirements of 29 CFR 1910.1030 et seq., as amended from time to time and at a minimum, shall provide instruction in the following subj cot matter: 1. A general explanation of the Epidemiology and symptoms of blood borne diseases and all communicable diseases potentially transmitted through Body Art activity; 2. An explanation of the modes of transmission of blood borne pathogens and other communicable diseases potentially transmitted through Body Art activity; 3. An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood for the Body Art Practitioner and/or the Client/recipient; 4. An explanation of the use and limitations of methods that will prevent or reduce exposure to the Body Art Practitioner and/or the Client/recipient of blood borne pathogens and other communicable diseases; 5. Information on different types, proper use, and removal of gloves and proper hand washing techniques; 6. Information on the proper selection and use of Autoclave and Antiseptics; 7. Information on the HBV vaccine, including information on its efficacy, safety, method of administration, and the benefits of vaccination against HBV; 8. An explanation of what constitutes an exposure incident, the risk of disease transmission following an exposure incident, and the options for post-exposure evaluation and follow-up if an exposure incident occurs involving Blood borne pathogens; and, 9. An opportunity for interactive questions and answers with the instructor of the training session. Course must be in person and may not be online. 4. First Aid and CardiopulrnonM Resuscitation(CPR} Any accredited First Aid and CPR class offered that is equivalent to the American Red Cross (ARC) First Aid/CPR class. The ARC class covers CPR, asthma emergencies, anaphylaxis,burns, choking, diabetic emergencies, external bleeding, heart attack, poisoning,neck/head/spinal injuries, stroke and seizures. 5. Experience Requirements Any of the following may be used to document satisfactory evidence of actual experience in the body art field for which the applicant seeks a license to perform: A. Copies of license(s) issued by another state or a city/town in another state showing the applicant has been licensed and practiced in that state for at least two years. B. Copies oflicense(s) issued by another city/town within the Commonwealth of Massachusetts showing the applicant has been licensed and practiced for at least two years. C. Copies of license(s) issued in another country showing the applicant has been licensed and practiced for at least two years. D. All locations where previous Body Art Practitioner Licenses were obtained must have similar training and experience requirements to these regulations. All previous licenses are subject to review and approval by the Health Department. E. if an apprentice in North Andover or another community, you must submit a signed letter from the licensed body art practitioner (including a copy of that artist's license) stating that the applicant has satisfactorily completed an apprenticeship equivalent to at least one year of full time employment(1,800 hours) or longer in a permitted Body Art Establishment including observation of work being performed on 75 clients by a licensed practitioner and directly supervised by the licensed practitioner for 25 clients. This letter must be accompanied by a copy of the applicant's body art apprentice license. Falsification of letter or any documentation will result in immediate revocation of Establishment, Practitioner and Apprenticeship licenses. F. Applicants for permanent cosmetics only(microblading, micropigmentation, permanent makeup, etc.)must also provide the following: a. Certificate of successful completion/passing a training course of at least 100 hours of instruction time and certified/accredited by either the American Academy of Micropigmentation(AAM) or the Society of Permanent Cosmetic Professionals (SPCP). Online courses do not meet this criteria. The applicant must also provide documentation of the training course including the training institution contact information, documentation of AAM or SPCP certification/accreditation, and a copy of the course curriculum (schedule or table of contents only, not complete materials) showing that the course content includes, at a minimum: 1. Overview of relevant anatomy and physiology. 2. Sanitation, hygiene, and disinfection including infection control and needle stick procedures. 3. Taking a client's medical history and contraindications to body art. 4. Equipment operation and maintenance. 5. Anesthetics. 6. Color theory and aesthetics. 7. Detailed training on each procedure. 8. Hands-on practice of at least 3 complete procedures (two eyebrows is a single procedure) on living clients. If the Board finds that an investigation is not required because the alleged act or practice is not in violation of the Board's regulations,then the Board shall notify the complainant of this finding and the reasons on which it is based. (C)If the Board finds that an investigation is required, because the alleged act or practice may be in violation of the Board's regulations,the Board shall investigate and if a finding is made that the act or practice is in violation of the Board's regulations,then the Board shall apply whatever enforcement action is appropriate to remedy the situation and shall notify the complainant of its action in this manner. 9.Application for Body Art Establishment Permit (A)No person may operate a body art establishment except with a valid permit from the Board, The Board shall set a reasonable fee for such permit, (B) Applications for a permit shall be.made on forms prescribed by and available from the Board. An applicant shall submit all information required by the form and accompanying instructions.The term"application"as used herein shall include the original and renewal applications. (C)A practitioner permit shall be valid from the date of issuance and shall automatically expire on December 31St of each year. Applications for renewal must be submitted at least ten(10) days prior to the expiration date unless revoked sooner by the by the Board. (D)The Board shall require that the applicant provide, at a minimum, the following information in order to be issued an establishment permit: (1)Name, address, and telephone number of: (a)the body art establishment; (b)the operator of the establishment; and (c)the body art practitioner(s)working at the establishment; (2)The manufacturer,model number,model year, and serial number, where applicable,of the autoclave used in the establishment; (3)A signed and dated acknowledgement that the applicant has received, read and understood the requirements of the Board's body art regulations; (4)A drawing of the floor plan of the proposed establishment to scale for a plan review by the Board, as part of the permit application process; and, (5)Such additional information as the Board may reasonably require. (E) A permit for a body art establishment shall not be transferable from one place or person to another. (F)Mobile body arts establishments shall not be allowed in North Andover. 10.Application for Body Art Practitioner Permit (A)No person shall practice body art or perform any body art procedure without first obtaining a practitioner permit from the Board. The Board shall set a reasonable fee for such permits. (B)A practitioner shall be a minimum of 18 years of age. (C)A practitioner permit shall be valid from the date of issuance and shall automatically expire on December 315 of each year, Applications for renewal must be submitted at least ten(10)days prior to the expiration date unless revoked sooner by the by the Board. (D)Application for a practitioner permit shall include: (1)name; (2) date of birth; (3)residence address; (4)mailing address; (5)phone number; (6)place(s) of employment as a practitioner; and (7)training and/or experience as set out in(E) below. (E)Practitioner Training and Experience (1) In reviewing and application for a practitioner permit,the Board may consider experience,training and/or certification acquired in other states that regulate body art, (2)Training for all practitioners shall be approved by the Board and,at a minimum,shalt include the following: (a) blood borne pathogen training program(or equivalent)which includes infectious disease control;waste disposal;hand washing techniques; sterilization equipment operation and methods; and sanitization, disinfection and sterilization methods and techniques; and (b)First Aid and cardiopulmonary resuscitation(CPR), Examples of courses approved by the Board include "Preventing Disease Transmission" (American Red Cross) and "Bloodborne Pathogen Training" (U.S. OSFIA). Training)courses provided by professional body art organizations or associations or by equipment manufacturers may also be submitted to the Board for approval. (3)The applicant for a body piercing practitioner permit shall provide documentation, acceptable to the Board,that s/he completed a course on anatomy, completed an examination on anatomy, or possesses an equivalent combination of training and experience deemed acceptable to the Board. (4)The applicant for a tattoo practitioner permit shall provide documentation,acceptable to the Board,that s/he completed a course on skin diseases,disorders and conditions, including diabetes, or completed an examination on skin diseases, disorders and conditions, including diabetes, or possesses a combination of training and experience deemed acceptable to the Board. (F)A practitioner's permit shall be conditioned upon continued compliance with all applicable provisions of these model regulations. 11. Grounds for Denial of Permit,Revocation of Permit, or Refusal to Renew Permit (A)The Board may deny a permit,revoke a permit or refuse to renew a permit on the following grounds, each of which, in and of itself, shall constitute full and