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2019-07-25 Board of Health Minutes
North Andover Board of Health Meeting Minutes Thursday—July 25, 2019 7:00 p.m. 120 Main Street, 2°d Floor Selectmen's Meeting Room North Andover, MA 01845 Present: Frank MacMillan Jr.,Joseph McCarthy,Patrick Scanlon,Daphne Alva-LaFluer,Brian LaGrasse, Caroline Ibbitson,Stephen Casey Jr. I. CALL TO ORDER The meeting called to order at 7:10 pm. II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARINGS IV. APPROVAL OF MINUTES—minutes from June 27,2019 under review V. OLD BUSINESS VI. NEW BUSINESS VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Tobacco Regulation Discussion—Brian LaGrasse discusses the process of a public hearing meeting. See Appendix A.Public Hearing Procedures.Any changes to the drafted tobacco regulations will be brought to the attention of Ron Beauregard,Tobacco Control,and Cheryl Sbarro,MAHP Attorney. The recommended changes will be available on the town website. The drafted regulations will be accessible through a link and a form will be available to submit questions and comments to be directed to the Board before the meeting. There will be a sign up form to allow for speaking. The main changes will be additional flavor restrictions,which will include mint,menthol and wintergreen. Other areas of discussion will be for permit caps,which will limit the sale of vapes,liquid nicotine and like products to a specific location and number. At this time,the Board has not voted on the regulation changes. The Board has engaged in discussion only. The Board is not obligated to vote at the time of the open meeting. The meeting will be used to gather information from the public,hear comments, deliberate,edit changes to the regulations and then,the updated regulations will be voted on later. Joe McCarthy asks if lawsuit between six municipalities and Cumberland Farms is over flavor bans. See Appendix B—Billerica,Five other Towns, Sued over Tobacco Bans. Brian LaGrasse explains that the flavor restrictions are in fact part of the lawsuit between the municipalities and convenience stores. Frank MacMillan has amended the draft regulations to a hard permit cap;it would reflect the existing number of licenses and be site specific. If a retail store did not renew the tobacco permit,it would go back to the town to be distributed by the Health Department. Currently,the Town of North Andover has 15 tobacco permits. See Appendix C—Draft Town of North Andover Board of Health Regulating the Sale and Use of Tobacco Products. 2019 North Andover Board of Health Meeting Page 1 of 2 Board of Health Members:Dr.Francis P.MacMillan,Jr.,MD,Chairman/Town Physician;Joseph McCarthy,Member/Clerk; Michelle Davis,RN,Member;Daphnee Alva-LaFleur,Member;Patrick Scanlon,DO,Member Health Department Staff: Brian LaGrasse,Health Director;Stephen Casey Jr.,Health Inspector;Caroline Ibbitson,Public Health Nurse;Toni K. Wolfenden,Health Department Assistant B. Body Art Regulations—Stephen Casey presents a general overview of the Body Art Regulations. Steve examined five towns/cities. General definitions,requirements for training apprentices,fines for violations,exposure control plans and reporting will be added to the new regulations. Additional requirements will also be added for practioners and apprentices. See Appendix D- General Overview and Draft-North Andover Board of Health Regulations for Body Are Establishments and Practioners. Brian LaGrasse has asked the Board to please review and any changes will be discussed in Fall of 2019 with a public hearing in late Fall of 2019. Frank recommends changing the wording of Section 18. To remove the Northampton City Ordinance Chapter 23, Section 5. C. Camp Regulations—Caroline Ibbitson discusses updated information for Camp Regulations,which will be reviewed later. D. Influenza Clinics—All shipments will be delayed a month because of the late flu season. H3N2 surfaced in March/April. The vaccine is formulated in February/March. Due to this,the World Health Organization pushed the time back,which has delayed the manufacturers,resulting in the flu clinics being delayed. See Appendix E—Flu News. VIII. CORRESPONDENCE/NEWSLETTERS IX. ADJOURNMENT MOTION made by Joseph McCarthy to adjourn the meeting.Patrick Scanlon seconded the motion and all were in favor.The meeting adjourned at 8:10 pm. Prepared by: Toni K. Wolfenden, Health Dept.Assistant Reviewed bv: All Board of Health Members&Brian LaGrasse, Health Director Signed by: 0;�V7tV7 �P/a7/9 sep McCart6, Clerk of th oard Date Signed Documents Used At Meeting: Meeting Agenda—July 25,2019 Billerica,5 other Towns,sued over tobacco bans—Lowellsun Local Tobacco Regulations Public Hearing Procedures Draft—Town of North Andover Board of Health Regulating the Sale and Use of Tobacco Products General Overview—Body Art Draft—North Andover Board of Health Regulations for Body Art Establishments and Practitioners Flu News North Andover Board of Health Meeting Agenda Thursday,July 25, 2019 7:00 p.m. 120 Main Street,2nd Floor Selectmen's Meeting Room North Andover, MA 01845 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES IV. PUBLIC HEARINGS V. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Tobacco Regulation Discussion B. Body Art Regulation Discussion VI. CORRESPONDENCE/NEWSLETTERS VII. ADJOURNMENT 2019 North Andover Board of Health Meeting-Meeting Agenda Page 1 of 1 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Dr.Frank MacMillan,Jr.,Chairman/Town Physician;Joseph McCarthy,Member/Clerk;Michelle Davis,RN,Member;Daphnee Alva-L.aFleur,Member;Patrick Scanlon,D.O.,Member Health Department Staff:Brian LaGrasse, Health Director;Stephen Casey Jr.,Health Inspector; Caroline Ibbitson,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant 9 Things to consider and to follow for the Tobacco Regulations Revisions public hearing procedures: •Make sure the hearing notice is correctly done. •Make a motion to open the hearing. •Remind people to state name, address and business, if applicable. • Listen to their testimony. If you set a time limit, stick to it! •Minimize responding to audience comments or questions, or giving your opinion, AS SUCH COMMENTS WILL END UP IN ANY LAWSUIT. • Make a motion to close the hearing. • If there is a write-in period, set a deadline to receive comments. •Chances are they will be asked if there will be another hearing, BoH members should think about this ahead of time. • If no future hearing is to be held, remind them the public can always attend future meetings but can't testify. •AT A BOARD OF HEALTH MEETING THAT IS NOT A HEARING: It is common that one person in the audience asks if they can address the board and the BOH lets it happen. If it is a non-tobacco issue, their call. But we have an industry that is waiting to catch a slip up by a BOH. Unless that person is (1) on the agenda or (2) the BOH typically has a Public Comment section to every agenda, DON'T let anyone testify! And the reason for the BOH to say "no" is that it gives an unfair advantage to that person when no one else has been notified that they too could have spoken. That is what a public hearing is for. Note that this does not apply to the BOH's own agents —which includes the Tobacco Control Director. • If they are going to deliberate right at the end of the hearing, they should not take any comments from the audience, again, because they will have to let everyone speak and in effect will be re-opening the hearing. LEGAL NOTICE On Sept. 26, 2019 at 7pm in Selectmen's Room, 2nd floor, Town Hall, 120 Main St., North Andover, the Board of Health will hold a public hearing on proposed changes to tobacco/vape regulations, including restricting sales of tobacco/vape flavored with mint, menthol and wintergreen, restricting all vape sales, with or without flavor, and limiting the number of stores selling tobacco. The public is invited to attend and make comments. Draft regulations can be obtained at North Andover Health Dept.,120 Main St., North Andover or call (978) 688-9540. Notice to all Retailers in North Andover Who Sell Tobacco Products On Thursday, September 26, 2019 at 7 p.m. in the Selectmen's Room, 2°°floor, Town Hall, 120 Main St., North Andover, the Board of Health will hold a public hearing on proposed changes to its regulations governing the sale of tobacco products and smoking. You are invited to attend and make comments. Proposed changes to the North Andover Board of Health tobacco control regulations include, but are not limited to, the following: 1) Prohibit the sale of tobacco and vape products flavored with mint, menthol and wintergreen, except in adult-only retail tobacco stores (i.e. smoke and vape shops)where a.) persons under the age of 21 are prohibited entry at all times, b.) sales are limited primarily to tobacco/vape and tobacco/vape paraphernalia, and c.) no food products requiring a retail food permit are sold. 2) Prohibit the sale of all electronic cigarettes and all other vape products, with or without flavors, except in adult-only retail tobacco stores (i.e. smoke and vape shops)where a.) persons under the age of 21 are prohibited entry at all times, b.) sales are limited primarily to tobacco/vape and tobacco/vape paraphernalia, and c.) no food products requiring a retail food permit are sold. 3) Mandate that retailers require a government-issued photographic identification card be presented by all persons appearing under the age of 40 who wish to purchase tobacco products. 4) Cap the total number of establishments holding a tobacco sales permits. 5) Cap the total number of establishments holding a tobacco sales permit that operate as "adult-only retail tobacco stores" (i.e. smoke and vape shops). 6) Prohibit smoking and vaping in all "adult-only retail tobacco stores" (i.e. smoke and vape shops) 7) Provide further restrictions on discounts on tobacco and vape products prices. 8) Provide further restrictions of out-of-package sales of tobacco and vape products If you would like to view the proposed regulations or obtain copies, please visit the North Andover Health Department, 120 Main St., North Andover or call (978) 688-9540. 7/ 1 Study:Millions should stop (htt ://www.lokg9 3� Natick's'heart'sCorched f taking aspirin ttp: wwwW sun xonn to ays (http://www.lowellsun.com/todaysf c (http://www.lowellsun.com/todaysf boost- boost preservation? heart-scorched? millions-should-stop-taking- .,ro fi. ?source=ton stories bar) source=too odes bar) _ r �� n /� /3, Lowell,MA I Now:65° lowellsun:'C;'com(http://www.lowellsu)t.com)weatner: (http://www.lowelisun.comAveather) High:70° (http://www.lowellsun.com/weather) Low:61° LOCAL (/LOCAL) (http://www.lowellsun.com/weather) 5-Day Forecast i (http://www.lowelisun.comtweather) HOT TOPICS: Lowell Folk Festival(http://www.lowellsi n.com/folkfest) Lowell Spinners(http://www.lowelisun.com/spinners) LC) AL Billerica, 5 other towns, sued over tobacco bans Cumberland Farms claims bans are unlawful By Jonathan Ng Boston Herald UPDATED: 06/29/2019 07:26:56 AM EDT Six Massachusetts municipal health boards are unlawfully enforcing bans over tobacco and vape products,according to a lawsuit filed this °. week by Cumberland Farms. The convenience store and gas station operator is suing the boards of health in Barnstable,Billerica,Framingham,Sharon,Somerville and ill ktIMPI, T: Walpole for allegedly overstepping its authority in limiting the sale of (/portlet/article/html/image lsplay-.-.jsp? smoking products to"smoking bars"and"adult-only retail tobacco contentItemRelationshipId=861 3) stores,"which convenience stores do not qualify. Cumberland Farms is suing six Massachusetts town,including Billerica,over claims they are "The defendants have recently enacted regulations suddenly unlawfully enforcing bans on tobacco prohibiting Cumberland Farms from selling existing tobacco and and TON products.(Matt Stone/ P $ g g BOSTON HERALD) electronic cigarettes,while at the same time arbitrarily allowing other retailers to continue to sell the same exact merchandise,"according to the 4o-page lawsuit filed in Suffolk Superior Court. Cumberland Farms,which has 2o6 stores in Massachusetts,said in a statement to the Herald that it "was reluctant to file the lawsuit,but we ultimately had no choice because an increasing number of local boards,and these six in particular,have adopted the framework of a so-called'model'regulation that was developed and advocated by a nonprofit organization that has no public accountability." "This case is about local governments exceeding their police powers by penalizing convenience retailers and rewarding smoke shops,"the statement continues."The boards in this case have strayed far beyond the limits of what they are permitted to do under state law,and we are asking the Superior NEXT ARTICLE IN NEWS x Court to overturn these unlawful regulations." (/NEWS) Study:Millions should stop taking aspirin Advertisement (http://www.lowellsun.com/todaysheadlines/c millions-should-stop-taldng-aspirin? source=JPopUp) »Continue to article... (http:/ANww.lowelisun.comttodayshead lines/ci_32743462/study- mi(lions-should-stop-taki ngaspirin?source=JPopUp) Study:Millions should stop (http://www.lo 4A 3� Natick's'heart'scorched F taking aspirin ttp: wwWT— . we sun.co�Jaysr (http://www.lowelisun.com/todaysI c (http://www.lowelisun.com/todays-I boost-preservation? heart-scorched? millions-should-stop-takine- . . . . ---ri.,.,Isource=too stories bar) source=too stories bar)_. - r t In Somerville,the city began enforcing its ban in April.Barnstable's ban goes into effect Saturday,and the remaining municipalities'restrictions will go into effect over the next several months.Cumberland Farms is asking the court to issue a preliminary injunction against the municipalities from enforcing their regulations until a final decision is made. Charles McLaughlin,the assistant town attorney for Barnstable,told the Herald,"We are still digesting this complaint.The board of health has tremendous discretion on taking appropriate steps to protect public health and welfare.Barnstable years ago was the lead municipality in the state to take action and bar public smoking and successfully defended that so there's no doubt that will be front and center in this case." Denise Taylor,a spokeswoman for the city of Somerville,told the Herald,"We never comment on pending litigation."Representatives for Billerica,Framingham,Sharon and Walpole could not immediately be reached for comment. SUBSCRIBE TO HOME DELIVERY AND SAVE! (HTTPS://CHECKOUT.LOWELLSUN.COM!) TAKE ACTION Got a tip? (mailto:news@lowellsun.com? subject=NewsTip) Send us a photo (mailto:news@lowellsu n.com? §-q¢ject=Photo) Visit community links() Have a correction? (mailto:news@loweilsu n.com? subject=Correction%20on%20http://www.lowellsun.com/local/ci 32706838/biliedca- 5-other-towns-sued-over-tobacco- bans) Welcome to your discussion forum:Sign in with a Disqus account or your social networking account for your NEXT ARTICLE IN NEWS(/NEWS) x comment to be posted immediately,provided it meets the guidelines.(READ HOW Study:Millions should stop taking aspirin (http://www.lowelisun.com/ci 17056329).)Comments made here are the sole responsibility of the person posting (http://www.lowellsun.com/todaysheadlines/c them;these comments do not reflect the opinion of The Sun.So keep it civil. millions-should-stop-taking-aspirin? source=JPopUp) »Continue to article... (http://www.lowellsun.com/todayshead li nes/ci_32743462/study- mi(lions-should-stop-taking-aspirin?source=JPopUp) .�. nihW Mil i sttcald stop htt //www.lo (I ��� ' Natick's'heart'scorched taking aspirin ( p up: www.owe isun.com to ays (bLttp://www.lowelisun.com/today.Lt c (http://www.lowelisun.com/todaysI boost- boost-preservation? heart-scorched? ;i��"ecommdhWs-should-stoo-takine- .,�o�on�ati� ,)source=too stories bar) Sort source=ton stories bar) - r Start the discussion... LOG IN WITH OR SIGN UP WITH DISCIUS�? Name Be the first to comment. S0,`, LOWELLSUN For migrants,a light in the darkness House Republicans vow tough questions comment-a day ago for Mueller at hearing • Cricket5l—Dionne,you really have a ton of 5 comments•a day ago dwiw problems,not the least of which is e Porto,H) , rsa- —If your capable,read hyphenating words that do not require a Ell the Mueller Report and don't take the lazy hyphen.Next,stop calling them'migrants'and call way out and rely on other's opinions.Then let's them what they really are:Illegal Foreign see who's the fool. Nationals.Let the nuns take all of them in,feed and clothe them for the rest of their lives,and deal with all the diseases they're bringing in.Willful mistreatment of children and families?No one held a gun to their heads when they dragged their(and other peoples'kids)across the border illegally.If things are so bad here while they're awaiting their claims for'sanctuary,'go the hell home;they weren't invited here and don't belong here....and in your liberal,walnut sized brain,Trump is racist? Do a little research on his track record before you shove your old foot into your old mouth. Again.Omar(not her legal name)has committed immigration fraud,tax fraud and is a bigamist,but guess that's fine with that walnut in your noggin. Try her,convict her,jail her,deport her;that's the progression of what should happen to this America hating Muz.Hope you enjoy the'mean and ghastly' times your ilk has created. Bicyclist struck,seriously injured in Equifax to pay up to$700M in data Lowell breach settlement 2 comments•a day ago —These VeoRide bikes are sadly going . Ro.Dr.—Not enough.Chances are likely to lead to more of these.People don't own 3 that if you're reading this and have owned them and therefore don't value other's property, any bank accounts or credit cards that you've had and at times that not giving a damn about your personal information stolen.How much of this someone else's property results in hurting yourself. settlement money is going to you to recoup for your loss of personal information or to allow you to setup monitoring services to protect yourself NEXT ARTICLE IN NEWS X between now and the rest of your life?Equifax (/NEWS) deserves to be burned to the ground for their loss Study:Millions should stop taldng aspirin of consumer data and the credit bureaus on a (http://www.lowellsun.com/todaysheadlines/c whole need to be re-scrutinized for their impact millions-should-stop-taking-aspirin? and place in our society. source=JPopUp) ®Subscribe Q Add Disqus to your siteAdd DisqusAdd »Continue to article... 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(http://www.lowelIsun.co(fj4p*w,x wmogtpllso y7�ysheadlines/ci_32743462/study- mi(lions-should-stop-taking-aspirin?source=JPopUp) Town of North Andover Board of Health REGULATING THE SALE and USE OF TOBACCO PRODUCTS SECTION 1 PURPOSE It is the intention of the North Andover Board of Health to regulate the sale of tobacco products-aKA- primarily to reduce youth and underage access to nicotine afid nieetkie and to advance public health. SECTION 2 DEFINITIONS For the purpose of this regulation, the following words shall have the following meanings: 2.1 BLUNT WRAP: Any tobacco product manufactured or packaged as a wrap or as a hollow tube made wholly or in part from tobacco that is designed or intended to be filled by the consumer with loose tobacco or other fillers. 2.2 BUSINESS AGENT: An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment. 2.3 CIGAR: Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco with or without a tip or mouthpiece not otherwise defined as a cigarette under Massachusetts General Law,Chapter 64C, Section 1,Paragraph 1. 2.4 CHARACTERIZING FLAVOR: A distinguishable taste or aroma, other than the taste or aroma of tobacco, menthol, mint ^r wintergreen imparted or detectable either prior to or during consumption of a tobacco Or riGet;no delivery product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint or wintergreen ,herb or spice; provided, however, that no tobacco product er- shall be determined to have a characterizing flavor solely because of the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product or the provision of ingredient information. 2.5 COMPONENT PART: Any element of a tobacco , including, but not limited to, the tobacco, filter, paper, mouthpiece, heating element battery and/or electronic circuits but not including any constituent. 2.6 CONSTITUENT: Any ingredient, substance, chemical or compound, other than tobacco, water added to a tobacco product or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco eF niGGti^e deliyeFy product during the processing, manufacturing or packaging of the tobacco product. Such term shall include a smoke constituent from a tobacco product and a vapor or aerolization constituent from a RiGE40% deli e; tobacco product. 2.7 DISTINGUISHABLE: Perceivable by either the sense of smell or taste. 2.8 E-CIGARETTE: An electr c nicotine delivery product composed of a mouthpiece, heating element,battery and/or elec is circuits that provides a vapor of liquid nicotine to the user,or relies on vaporization of solid tin or any liquid. This term shall include such devices whether they are manufactured as a-cigar es,a-cig s,a-pipes or under any other product name. 2.9 EDUCATIONAL INSTITUTION: Any public or private college,school,professional school,scientific or technical institution,university or other institution furnishing a program of higher education. -�-8 ELECTRONIC CIGARETTE: Any electronic device composed of a mouthpiece,heating element battery and/or electronic circuits that provides vapor of liquids,regardless of nicotine content,or relies on vaporization of any solid or liquid substance,regardless of nicotine content. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars,e-pipes or under any other product name.An electronic cigarette includes any component or part of an electronic cigarette, regardless of nicotine content,that rely on vaporization or aerosolization, including but not limited to,pods,vape juice containers and cartridges. 2.10 EMPLOYEE: Any individual who performs services for an employer. 2.11 EMPLOYER: Any individual,partnership,association,corporation,trust or other organized group of individuals, including North Andover or any agency thereof,which uses the services of one(1) or more employees. 2.12 ENCLOSED: A space bounded by walls,with or without windows or fenestrations, continuous from floor to ceiling and enclosed by one(1)or more doors,including but not limited to an office,function room or hallway. 2.13 FLAVORED TOBACCO PRODUCT: Any tobacco product or component part thereof that contains a constituent that has or produces a characterizing flavor. A public statement,claim or indicia made or disseminated by the manufacturer of a tobacco product,or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product,that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product. 3 14—FLAVOR 0 NICOTINE DELI VER44 PRODUCT2 , a > b eluding bar-ettes as defined , f b defined her-ein. 2.15 HEALTH CARE INSTITUTION: An individual,partnership,association,corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed,or subject to licensing,by the Massachusetts Department of Public Health under M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods and services and subject to the provisions of 247 CMR 6.00.Health care institution includes,but is not limited to,hospitals,clinics, health centers,pharmacies,drug stores,doctor offices and dentist offices. 2.46 NIC- 1TT TC T1CT TVCDV PRODUCT-! Any ffl..,..F,.Wfe.i ...-+:,.le e 13F-.,.1,,..t.,-,ode.,h@11.,O. a a 2.17 NON-RESIDENTIAL ROLL-YOUR-OWN(RYO)MACHINE:A mechanical device made available for use(including to an individual who produces cigars, cigarettes, smokeless tobacco,pipe tobacco, or roll-your-own tobacco solely for the individual's own personal consumption or use)that is capable of making cigarettes, cigars or other tobacco products. RYO machines located in private homes used for solely personal consumption are not Non-Residential RYO machines. 2.18 OUTDOOR SPACE: An outdoor area,open to the air at all times and cannot be enclosed by a wall or side covering. 2.19 PERMIT HOLDER: Any person engaged in the sale or distribution of tobacco 444,er�products directly to consumers who applies for and receives a tobacco eaa ;iAA-6tie aeliver- product sales permit or any person who is required to apply for a tobacco and nieetiHe ael:..en.product sales permit pursuant to these regulations,or his or her business agent. 2.20 PERSON: An individual,employer, employee,retail store manager or owner,or the owner or operator of any establishment engaged in the sale or distribution of tobacco of flieeti e aehVen, products directly to consumers. 2.21 RETAIL TOBACCO STORE: An establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers,but not for resale, tobacco products and paraphernalia,in which the sale of other products is merely incidental, and in which the entry of persons under the age of 21 is prohibited at all times,and maintains a valid permit for the retail sale of tobacco products as required to be issued by the North Andover Board of Health. 2.22 SELF SERVICE DISPLAY: Any display from which customers may select a tobacco product er-a rieeti e aeliyef.~.-,.due without assistance from an employee or store personnel, excluding vending machines. 2.23 SMOKING(or smoke): The lighting of a cigar,cigarette,pipe or other tobacco product or possessing a lighted cigar,cigarette,pipe or other tobacco or non-tobacco product designed to be combusted and inhaled. 2.24 SMOKING BAR: An establishment that primarily is engaged in the retail sale of tobacco products for consumption by customers on the premises and is required by Mass. General Law Ch. 270,Section 22 to maintain a valid permit to operate a smoking bar issued by the Massachusetts Department of Revenue. "Smoking Bar"shall include,but not be limited to,those establishments that are commonly known as"cigar bars"and"hookah bars". 2.25 TOBACCO PRODUCT: Gigafe4es ^ho.t iiig t,.a,.ee pipe tebaeee bidis iae- *,.,..,eee it any fits m tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by other means, including, but not limited to: cigarettes, cigars, little cigars, chewing tobacco,pipe tobacco, snuff-, or electronic cigarettes, electronic cigars, electronic pipes, electronic hookah, liquid nicotine, "e-liquids"or other similar products, regardless of nicotine content, that rely vaporization or aerosolization. "Tobacco Product" includes any component or part of a tobacco product. "Tobacco Product" does not include any product that has been approved by the United States Food and Drug Administration either as a tobacco use cessation product or for other medical purposes and which is being marketed and sold or prescribed solely for the approved purpose. 2.26 VENDING MACHINE: Any automated or mechanical self service device,which upon insertion of money,tokens or any other form of payment,dispenses or makes cigarettes,any other tobacco product o-*rieet:.,e Peliver-y n.,.duc4. SECTION 3 TOBACCO PRODUCT SALES TO PERSONS UNDER THE AGE OF 21 PROHIBITED 3.1 No person shall sell or otherwise distribute tobacco of:meet:,,, deli efy-products to persons under the age of 21. 3.2 REQUIRED SIGNAGE In conformance with and in addition to Massachusetts General Law,Chapter 270,Section 7,a copy of Massachusetts General Laws,Chapter 270, Section 6,shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell tobacco products at retail. The notice shall be made available from the North Andover Board of Health. The notice shall be at least 48 square inches and shall be posted conspicuously by the permit holder in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four(4)feet or greater than nine(9)feet from the floor. The notice shall also disclose current referral information about smoking cessation,as well as notice that the sale of tobacco products, e ,.gage.,, to someone under the age of 21 is prohibited,and that the use of e- cigarettes is prohibited where smoking is prohibited in the Town of North Andover. 3.3 IDENTIFICATION: Each person selling or distributing tobacco products or nicotine delivery products shall verify the age of the purchaser by means of a valid government- issued photographic identification containing the bearer's date of birth that the purchaser is 21 years old or older. Verification is required for any person who appears to be under the age of-24 40. 3.4 All retail sales of tobacco .,ieetine dekko...,products must be face-to-face between the seller and the buyer(except for the purchase of tobacco from vending machines)and all retail sales of tobacco^r-nieet ae deliv Fy products must occur at a location with a valid tobacco product sales permit. SECTION 4 TOBACCO PRODUCT SALES PERMIT 4.1 No person shall sell or otherwise distribute tobacco ^-n:e-Re«:ne aelivep.products at retail within North Andover without first obtaining a Tobacco Product Sales Permit issued annually by the North Andover Board of Health. Only owners of establishments with a permanent,non- mobile location in North Andover are eligible to apply for a permit and sell tobacco products or n_" deliver3Lproducts at the specified location in North Andover. 4.2 As part of the Tobacco A4 a NJP_AtiAR P Sales Permit application process,the applicant will be provided with the North Andover Board of Health regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation and that the applicant is responsible for instructing any and all employees who will be responsible for tobacco and nieetine- deli erfproduct sales regarding federal,state and local laws regarding the sale of tobacco and this regulation. 4.3 Each applicant who sells tobacco is required to provide proof of a current tobacco sales license issued by the Massachusetts Department of Revenue before a Tobacco ara Nieetine De4y i=) Product Sales Permit can be issued. 4.4 The fee for a Tobacco ....a Mre-eat:...,De4ven,-Product Sales Permit shall be in accordance with the most current Board of Health fee schedule. All such permits shall be renewed annually by June 3011 of every year. 4.5 A separate permit is required for each location where a retail establishment is selling tobacco or- tine dek-,o.-.,products. 4.6 Each Tobacco Product Sales Permit shall be displayed at the retail establishment in a conspicuous place. 4.7 No Tobacco aad Nieetine De y, Product Sales Permit holder shall allow any employee to sell tobacco products until such employee reads this regulation and federal and state laws regarding the sale of tobacco and signs a statement,a copy of which will be placed on file in the office of the employer,that he/she has read the regulation and applicable state and federal laws. 4.8 A Tobacco -;a Nieetine„o':.,�Product Sales Permit is non-transferable 4.9 Issuance of a Tobacco aana Nireatinea Peh-- Product Sales Permit shall be conditioned on an applicant's consent to unannounced,periodic inspections of his/her retail establishment to ensure compliance with this regulation. 4.10 Issuance and holding of a Tobacco Product Sales Permit shall be conditioned on an applicant's on-going compliance with current Massachusetts Department of Revenue requirements and policies including,but not limited to,minimum retail prices of tobacco products. 4.11 A Tobacco and Nieatiae Pelii e Product Sales Permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or has not satisfied any outstanding permit suspensions. Permit Capping Option Samples: a. "Basic" Cap: At any given time, there shall be no more than [number(XX)1 Tobacco Product Sales Permits issued in North Andover. [This phrase needs to be removed if NOT using subsection B and left in if using Subsection B: "reduced by the number of permits not renewed pursuant to subsection (b) below."1 No permit renewal will be denied based on the requirements of this subsection except any permit holder who has failed to renew his or her permit within thirty(30) days of expiration will be treated as a first-time permit applicant. NOTE: This is the "basic" cap. When a town has the maximum number of permittees allowed, a waiting list should be started with the name and contact information of prospective tobacco retailers who are waiting to be contacted when a permit frees up. OR b. "Advanced" Cap: As of[date], any permit not renewed either because a retailer no longer sells tobacco products, as defined herein, or because a retailer closes the retail business, shall be returned to the North Andoverr Board of Health and shall be permanently retired by the Board of Health and the total allowable number of Tobacco Product Sales Permits under paragraph (a) shall be reduced by the number of the retired permits. NOTE: This is the"advanced" cap which has a maximum number of permits to be issued, does not provide for a waiting list, and automatically reduces the cap number when a retailer chooses to stop selling_ tobacco and returns their permit to the town. The only way a new retailer can obtain a permit would be to buy an existing business. The conditions for this occurrence are set out in subsection f. c. Dual Cap: At any given time,of the allowed Permit number in subsection (a) above, there shall be no more than [number(XX)[ Tobacco Product Sales Permits issued to Adult-Only Retail Tobacco Stores, per the definition,in North Andover. No permit renewal will be denied based on the requirements of this subsection except anv permit holder who has failed to renew his or her permit within thirty(30) days of expiration will be treated as a first-time permit applicant. NOTE: This is a subcap that can be used with either the"basic" cap above in subsection a, or the "advanced" cap in subsection b. It would provide a maximum number of permits within the general cap number that can go to qualifying "adult-only Retail Tobacco Stores (which includes both tobacconists and vape shops). d. New Retailers near Schools: A Tobacco Product Sales Permit shall not be issued to any new applicant for a retail location within five hundred (500) feet of a public or private elementary or secondary school as measured by a straight line from the nearest point of the property line of the school to the nearest point of the property line of the site of the applicant's business premises. NOTE: This bars NEW retailers from selling tobacco near a school, regardless of the cap polices e. New Retailers near Existing Retailers: A Tobacco Product Sales Permit shall not be issued to any new applicant for a retail location within five hundred (500) feet of a retailer with a valid Tobacco Product Sales Permit as measured by a straight line from the nearest point of the property line of the retailer with a valid Tobacco Product Sales Permit to the nearest point of the property line of the site of the applicant's business premises. NOTE: This bars NEW retailers from selling tobacco near an existing tobacco permit holder, regardless of the cap policy used. f. Required Paragraph!: Applicants who purchase or acquire an existing business that holds a valid Tobacco Product Sales Permit at the time of the sale or acquisition of said business must apply within sixty(60) days of such sale or acquisition for the permit held by the Current Permit Holder if the Applicant intends to sell tobacco products, as defined herein. Such applicant may choose to apply for a Tobacco Product Sales Permit for an Adult-Only Retail Tobacco Store if the Current Permit Holder possessed the same or if a Tobacco Product Sales Permit for an Adult-Only Retail Tobacco Store is available per subsection(b). NOTE: This provision should be included no matter which of the above five options are used by a board of health. It permits a buyer to "capture" the seller's permit regardless of the tvpe of capping policy enacted. SECTION 5 CIGAR SALES REGULATED: 5.1 No retailer,retail establishment,or other individual or entity shall sell or distribute or cause to be sold or distributed a cigar unless the cigar is contained in an original package of at least four(4)cigars. A package of four or more cigars must be priced at the retail market price or at five($5.00)dollars, whichever price is higher. 5.2 This Section shall not apply to: (a) The sale or distribution of any cigar having a retail price of two dollars and fifty cents($2.50)or more. (b) A person or entity engaged in the business of selling or distributing cigars for commercial purposes to another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of North Andover. 5.3 The North Andover Board of Health may adjust from time to time the amounts specified in this Section to reflect changes in the applicable Consumer Price Index by amendment of this regulation. SECTION 6 THE SALE OF FLAVORED TOBACCO PRODUCTS AND F-LANIORF44- MIGO TINE DE IVERV nnnnirC-T PROHIBITED No person shall sell or distribute or cause to be sold or distributed any flavored tobacco products er- f4avar-ed iiieetine delivefy pr-ediiet except in smoking bars and retail tobacco stores. SECTION 7 THE SALE OF BLUNT WRAPS No person or entity shall sell or distribute blunt wraps within North Andover, except that retail tobacco stores are permitted to sell or distribute blunt wraps. SECTION 8 FREE DISTRIBUTION AND COUPON REDEMPTION delivery pr-e&ets. No means,ins#umeats er-de,�4ees that allow for-the r-edemptien of tebaeee pr-aduets or- 1. No person shall distribute, or cause to be distributed, any free samples of tobacco products, as defined herein; 2. Accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product, as define herein, without charge or less than the listed or non-discounted price in exchange for the purchase of any other tobacco product. 3. Sell a tobacco product, as define herein, to consumers through any multi pack discounts (e.g. "budget one free") or otherwise provide or distribute to consumers any tobacco product, as define herein, without charge or for less than the listed non-discounted price in exchange for the purchase of any other tobacco product. SECTION 9 OUT-OF-PACKAGE SALES The sale or distribution of tobacco products as defined herein in any form other than an original factory-wrapped package is prohibited. No person may sell or cause to be sold or distribute or cause to be distributed,any cigarette package that contains fewer than twenty(20)cigarettes, including single cigarettes. 1. The sale or distribution of tobacco products, as defined herein, in any form other than an original factory-wrapped package is prohibited, includingthe repackaging or dispensing of any tobacco product, as defined herein, for retail sale. No person may sell or cause to be sold or distribute or cause to be distributed any cigarette package that contains fewer than twenty (20) cigarettes, including single cigarettes. 2. Permit holders who sell Liquid Nicotine Containers must comply with the provisions of 310 CMR 30.000 and must provide the jcity/town] Board of Health with a written plan for disposal of said product, including disposal plans for any breakage, spillage or expiration of the product. 3. All permit holders must comply with 940 CMR 21.05 which reads: "It shall be an unfair or deceptive act or practice for any person to sell or distribute nicotine in a liquid or gel substance in Massachusetts after March 15, 2016 unless the liquid or gel product is contained in a child-resistant package that, at a minimum, meets the standard for special packaging as set forth in 15 U.S. C.�&1471 through 1476 and 16 CFR §1700 et. Seq." 4. No permit holder shall refill a cartridge that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer or retailer. SECTION 10 SELF SERVICE DISPLAYS 10.1 All self-service displays of tobacco products are prohibited. All humidors including,but not limited to,walk-in humidors must be locked. 10.1(a) EXEMPTION: Self-service displays that are located in facilities where the retailer ensures that no person younger than twenty-one(21)years of age is present,or permitted to enter,at any time. SECTION 11 TOBACCO VENDING MACHINES 11.1 All tobacco product vending machines are prohibited. 11.1(a) EXEMPTION: Vending machines are permitted if equipped with a lock out device,in an establishment with a valid pouring liquor license, and located in facilities where the retailer ensures that no person younger than twenty-one(21)years of age is present,or permitted to enter, at any time. A lock-out device locks out sales from the vending machine unless a release mechanism is triggered by an employee. The release mechanism must not allow continuous operation of the vending machine and must be out of the reach of all consumers and in a location accessible only to employees. SECTION 12 NON-RESIDENTIAL ROLL-YOUR-OWN (RYO) MACHINES All Non-Residential Roll-Your-Own (RYO) Machines are prohibited. SECTION 13 RESTRICTIONS ON THE SALE OF TOBACCO AND ncl nicov PRODUCTS AT HEALTH CARE INSTITUTIONS: The North Andover Board of Health strongly encourages health care institutions that sell tobacco aa4- �dialiver-y-products to store these products in a manner that is hidden from the view of customers and the general public. The North Andover Board of Health reserves the right to enact regulations eliminating the sale of tobacco products at health care institutions if said institutions are unsuccessful in storing these products in the aforementioned manner. SECTION 14 PROHIBITION OF THE SALE OF TOBACCO AND NICOTINE DE P.W4 PRODUCTS BY EDUCATIONAL INSTITUTIONS: No educational institution located in North Andover shall sell or cause to be sold tobacco dehvei-yproducts. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution. SECTION 15 VIOLATIONS/ENFORCEMENT/PENALITIES 15.1 It shall be the responsibility of the permit holder and/or his or her business agent to ensure compliance with all sections of this regulation pertaining to his or her distribution of tobacco products.The violator shall receive: a) In the case of a first violation,a fine of one hundred(100)dollars; b) In the case of a second violation within twenty-four(24)months of the date of the first violation, a fine of two hundred(200)dollars and the Tobacco and,.Tieetiiie Dee Product Sales Permit may be suspended for seven(7)consecutive business days. c) In the case of a third violation within a twenty-four(24)month period,a fine of three hundred (300)dollars and the Tobacco and Nieetine Pee f Product Sales Permit may be suspended for thirty(30)consecutive business days. d) In the case of more than three violations within a twenty-four(24)month period,a fine of three hundred(300)dollars per additional violation and the Tobacco-Ana rrece-t.no Delivery Product Sales Permit may be revoked. 15.2 Refusal to cooperate with inspections pursuant to this regulation shall result in the suspension of the Tobacco And-Ni^^'4~e r`e4ve^-Product Sales Permit for thirty(30)consecutive business days. 15.3 In addition to the monetary fines set above,any permit holder who engages in the sale or distribution of tobacco^r-aieetine deliv t-1 products directly to a consumer while his or her permit is suspended shall be subject to the suspension of all Board of Health issued permits for thirty(30) consecutive business days. 15.4 The North Andover Board of Health shall provide notice of the intent to suspend or revoke a Tobacco and RTieetine Delivery Product Sales Permit,which notice shall contain the reasons therefore and establish a time and date for a hearing which date shall be no earlier than seven(7)days after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision,and the reasons therefore in writing. After a hearing,the North Andover Board of Health may suspend or revoke the Tobacco Product Sales Permit if the Board finds that a violation of this regulation occurred. For purposes of such suspensions or revocations,the Board shall make the determination notwithstanding any separate criminal or non-criminal proceedings brought in court hereunder or under the Massachusetts General Laws for the same offense. All tobacco products and meet..,°deliver-y p.-edt ets shall be removed from the retail establishment upon suspension or revocation of the Tobacco and i`ieetine Pe4yef Product Sales Permit. Failure to remove all tobacco and nieetine a ':veff products shall constitute a separate violation of this regulation. 15.5 Non-Criminal Disposition: Whoever violates any provision of this regulation may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws,Chapter 40, Section 2 1 D or by filing a criminal complaint at the appropriate venue. Each day any violation exists shall be deemed to be a separate offense. 15.6 Enforcement: Enforcement of this regulation shall be by the North Andover Board of Health or its designated agent(s). Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the North Andover Board of Health or its designated agent(s), and the Board may investigate. SECTION 16 OTHER APPLICABLE LAWS This regulation shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety and fire codes,regulations or statutes. SECTION 17 PROHIBITING SMOKING IN WORKPLACES AND PUBLIC PLACES 17.1 The Board of Health adopts the Massachusetts Smoke-Free Workplace Law (Massachusetts General Law Chapter 270, Sections 21 and 22)by reference and any future revisions as a local regulation. 17.2 Pursuant to Massachusetts General Laws Chapter 270, Section 22 0)smoking is also hereby prohibited in the following locations: a) retail tobacco store,except that smoking will be permitted in this establishment if it is housed in a freestanding building that is not occupied by any other business, residence or workplace. b) smoking bar c) outdoor spaces of restaurants,bars,taverns and any other outdoor space where food and/or alcoholic beverages,and/or non-alcoholic beverages are sold to the public and served to the public,or otherwise consumed or carried by the public. 17.3 The use of e-cigarettes is prohibited wherever smoking is prohibited per Massachusetts General Laws Chapter 270, Section 22 and Section 4.17.002 of this regulation. SALE OF ELECTRONIC CIGARETTES PROHIBITED: No person shall sell or distribute or cause to be sold or distributed any electronic cigarettes, except in smoking bars and retail tobacco stores. SECTION IS THROUGH 21 Reserved for future regulations,amendments,etc. SECTION 22 SEVERABILITY If any provision of these regulations is declared invalid or unenforceable,the other provisions shall not be affected thereby but shall continue in full force and effect. SECTION 23 This regulation supersedes the prior regulation titled"Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco,"as adopted on January 1,2002 and thereafter amended. Effective Date: This regulation was adopted on This regulation shall take effect on General Overview After examining the North Andover Body Art Regulations and determining items/sections we wished to add to or create,I examined multiple regulations in other Massachusetts municipalities and tried to adopt items where appropriate. • The municipalities examined were o Topsfield o Andover o Northampton o Provincetown • New information we added pertained to o General definitions o Requirements for body art trainers o Fines for violations o Exposure control plans o Exposure incident reporting o Non-criminal disposition o Possible probationary periods • Other areas in our regulation that were already existing but added to involved o Requirements for the practitioner o Apprentice training requirements o Operation of the body art facility (physical requirements, sanitation requirements,recordkeeping,etc.) o Permitting requirements We also combined all the information from the Addendum Brian created into the Town regulation to make it all one document. There may be some overlapping areas or information between existing and added information.There is also a list of some questions attached to the packets to think about after reading. r North Andover Board of Health Regulations for Body Art Establishments and Practitioners Blue Font - From our Addendum or other local regulations Sections: 1. Authorization and Rationale 2. Definitions 3. Exemptions 4. Restrictions 5. Operation of Body Art Establishments 6.Standards of Practice 7. Injury Reports 8. Complaints 9. Application for Body Art Establishment Permit 10. Application for Body Art Practitioner Permit 11. Apprenticeship &Trainer standards 12.Grounds for Denial of Permit,Revocation of Permit or Refusal to Renew Permit 13.Grounds for Suspension of Permit 14. Procedure for Hearings 15. Unauthorized Practice of Body Art 16. Severability 17. Fines for Violations 18. Non-criminal Disposition 1. Authorization and Rationale Pursuant to the provisions of Chapter 111,Section 31 of the General Laws of the Commonwealth of Massachusetts,the North Andover Board of Health adopted these regulations on the 25th day of August 2005,to be effective immediately. The North Andover Board of Health finds it necessary to license the practice of body arts,which is becoming prevalent and popular throughout the Commonwealth,in order to protect the public health by preventing the transmission of disease or occurrence of injury. These regulations provide for,but are not limited to,minimum performance standards for the training and education of body artists,performance of appropriate sanitation and hygiene procedures,following universal precautions,and assuring clean maintenance of establishment premises. 2. Definitions Aftercare: means written instructions given to the client,specific to the body art procedure(s) rendered,about caring for the body art and surrounding area,including information about when to seek medical treatment,if necessary. Applicant:means any person who applies to the Board of Health for either a body art establishment permit or practitioner permit. (+) Apprentice:means any person who applies to the Board of Health for either a body art establishment permit or practitioner permit Autoclave: means an apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time. Autoclaving: means a process which results in the destruction of all forms of microbial life,including highly resistant spores,by the use of an autoclave for a minimum of thirty minutes at 20 pounds of pressure (PSI) at a temperature of 270 degrees Fahrenheit. Bloodborne Pathogens Standard: means OSHA Guidelines contained in 29 CFR 1910.1030,entitled"Occupational Exposure to Bloodborne Pathogens." Board of Health or Board: means the Board of Health that has jurisdiction in the community in which a body art establishment is located including the Board or officer having like powers and duties in towns where there is no Board of Health. Body Art: means the practice of physical body adornment by permitted establishments and practitioners using,but not limited to,the following techniques:body piercing, tattooing,cosmetic tattooing,branding,and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine,such as implants under the skin,which are prohibited. Body Art Establishment or establishment:means a location,place,or business that has been granted a permit by the Board,whether public or private,where the practices of body art are performed,whether or not for profit. Body Art Practitioner or practitioner:means a specifically identified individual who has been granted a permit by the Board to perform body art in an establishment that has been granted a permit by the Board. Body Piercing:means puncturing or penetrating the skin of a client with presterilized single-use needles and the insertion of presterilized jewelry or other adornment into the opening. This definition excludes piercing of the earlobe with a presterilized single-use stud-and-clasp system manufactured exclusively for ear-piercing. Branding: means inducing a pattern of scar tissue by use of a heated material(usually metal) to the skin,making a serious burn,which eventually becomes a scar. (+) Cleaning Area: means the area in a Body Art Establishment used in the sterilization, sanitation or other cleaning of instruments or equipment used for the practice of body art Client: means a member of the public who requests a body art procedure at a body art establishment. (+) Communicable Disease or Condition: means diseases or conditions diagnosed by a licensed physician as being contagious or transmissible which include,but are not limited to,the following:Chickenpox,Diphtheria,Measles,Meningococcal Disease, Mumps, Pertussis (whooping cough),Plague,Poison oak (form of contact dermatitis), Rubella,Scabies,Staphylococcal skin infections (boil,infected wounds),Streptococcal infections (strep throat),Tinea (ring worm),Tuberculosis or other disease designated as Communicable by the Mass Dept. of Public Health Contaminated Waste: means waste as defined in 105 CMR 480.000:Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste,State Sanitary Code, Chapter VIII. This includes any liquid or semi-liquid blood or other potentially infectious material;contaminated items that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed;items on which there is dried blood or other potentially infectious material and which are capable of releasing a r these materials during handling;sharps and any wastes containing blood or other potentially infectious materials. Critical Items: those aspects of a procedure which,if violated,constitute an imminent hazard to health and/or safety. Critical violation: one or more of the following findings: autoclave not in proper working order or in proper use,lack of a monthly spore test properly recorded,non- disposable instruments and/or equipment improperly sterilized or stored,reuse of single-use articles,improper hazardous waste disposal methods,improper operator scrub technique before and after a procedure,improper glove technique during a procedure,no hepatitis vaccination program in place. Department: means the Department of Public Health or its authorized representatives. Disinfectant: means a product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA). Disinfection:means the destruction of disease-causing microorganisms on inanimate objects or surfaces,thereby rendering these objects safe for use or handling. Ear piercing_means the puncturing of the lobe of the ear with a presterilized single-use stud-and-clasp ear-piercing system following the manufacturer's instructions. Equipment: means all machinery,including fixtures,containers,vessels,tools,devices, implements,furniture,display and storage areas,sinks,and all other apparatus and appurtenances used in connection with the operation of a body art establishment. (+) Exposure: means an event whereby there is an eye,mouth or other mucus membrane,non-intact skin or parenteral contact with the blood or bodily fluids of another person or contact of an eye,mouth or other mucus membrane,non-intact skin or parenteral contact with other potentially infectious matter. (+) Facility: means an establishment in which practitioners perform the act of body piercing or tattooing and includes all areas used by a body arts practitioner and clients, including but not limited to treatment areas and waiting/reception areas. Hand Sink: means a lavatory equipped with hot and cold running water under pressure, used solely for washing hands,arms,or other portions of the body. Hot water:means water that attains and maintains a temperature 110°-130°F. Instruments Used for Body Art: means hand pieces,needles,needle bars,and other instruments that may come in contact with a client's body or may be exposed to bodily fluids during any body art procedure. Invasive: means entry into the client's body either by incision or insertion of any instruments into or through the skin or mucosa,or by any other means intended to puncture,break, or otherwise compromise the skin or mucosa. ewe : means any ornament inserted into a newly pierced area,which must be made of surgical implant-grade stainless steel;solid 14k or 18k white or yellow gold,niobium, titanium,or platinum;or a dense,low-porosity plastic,which is free of nicks,scratches, or irregular surfaces and has been properly sterilized prior to use. (+) Light Colored: means a light reflectance value of 70 percent or greater. (+) Linens:means cloths or towels used for such things as draping or protecting tables. MicrobladinQ: A semi-permanent tattoo procedure using hair like incision strokes 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 like 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. (VIA ADDENDUM) Micropigg entation: See Permanent Makeup/Cosmetics Minor:means any person under the age of eighteen(18) years. Operator:means any person who individually,or jointly or severally with others, owns, or controls an establishment,but is not a body art practitioner. Permanent Makeup/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, DermapiQmentation, Micropigmentation, and Cosmetic Tattooing(FROM ADDENDUM) Permit:means Board approval in writing to either (1) operate a body art establishment or (2) operate as a body art practitioner within a body art establishment. Board approval shall be granted solely for the practice of body art pursuant to these regulations.Said permit is exclusive of the establishment's compliance with other licensing or permitting requirements that may exist within community or political subdivision comprising the Board's jurisdiction. Person:means an individual,any form of business or social organization or any other non-governmental legal entity,including but not limited to corporations,partnerships, limited-liability companies,associations,trusts or unincorporated organizations. Physician:means an individual licensed as a qualified physician by the Board of Registration in Medicine pursuant to M.G.L. c. 112§2. Procedure surface: means any surface of an inanimate object that contacts the client's unclothed body during a body art procedure,skin preparation of the area adjacent to and including the body art procedure,or any associated work area which may require sanitizing. Sanitary: means clean and free of agents of infection or disease. Sanitize:means the application of a U.S. EPA registered sanitizer on a cleaned surface in accordance with the label instructions. Scarification: means altering skin texture by cutting the skin and controlling the body's healing process in order to produce wounds,which result in permanently raised wheals or bumps known as keloids. Sharps: means any object,sterile or contaminated,that may intentionally or accidentally cut or penetrate the skin or mucosa,including,but not limited to,needle devices, lancets,scalpel blades,razor blades,and broken glass. Sharps Container:means a puncture-resistant,leak-proof container that can be closed for handling,storage,transportation,and disposal and that is labeled with the International Biohazard Symbol. Single Use Items:means products or items that are intended for one-time,one-person use and are disposed of after use on each client,including,but not limited to,cotton swabs or balls,tissues or paper products,paper or plastic cups,gauze and sanitary coverings,razors,piercing needles,scalpel blades,stencils,ink cups,and protective gloves. Sterilize: means the use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores. Tattoo: means the indelible mark,figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin. Tattooing: means any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing. (+) Trainer: means any Town of North Andover licensed practitioner who has been approved to supervise an apprentice. Ultrasonic Cleaning Unit: means a unit physically large enough to fully submerge instruments in liquid,which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid. Universal Precautions:means a set of guidelines and controls,published by the Centers for Disease Control and Prevention(CDC),as "Guidelines for Prevention of Transmission of Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) to Health-Care and Public-Safety Workers" in Morbidity and Mortality Weekly Report) (MMWR),June 23,1989,Vo1.38 No. S-6,and as "Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures" in MMWR,July 12,1991,Vo1.40,No. RR- 8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV,HBV, and other blood pathogens. Precautions include hand washing; gloving;personal protective equipment;injury prevention; and proper handling and disposal of needles,other sharp instruments,and blood and body fluid-contaminated products. 3. Exemptions (A) Physicians licensed in accordance with M.G.L.c. 112§2 who perform body art procedures as part of patient treatment are exempt from these regulations. (B) Individuals who pierce only the lobe of the ear with a pre-sterilized single-use stud- and-clasp ear-piercing system are exempt from these regulations. 4. Restrictions (A) No tattooing,piercing of genitalia,branding or scarification shall be performed on a person under the age of 18. (B) Body piercing,other than piercing the genitalia,may be performed on a person under the age of 18 provided that the person is accompanied by a properly identified parent,legal custodial parent or legal guardian who has signed a form consenting to such procedure. Properly identified shall mean a valid photo identification of the adult and a birth certificate of a minor. (C) No body art of any kind shall be performed upon an animal. (D)The following body piercings are hereby prohibited:piercing of the uvula;piercing of the tracheal area;piercing of the neck;piercing of the ankle;piercing between the ribs or vertebrae; piercing of the web area of the hand or foot; piercing of the lingual frenum (tongue web); piercing of the clitoris; any form of chest or deep muscle piercings, excluding the nipple; piercing of the anus; piercing of an eyelid,whether top or bottom; piercing of the gums; piercing or skewering of a testicle; so-called"deep" piercing of the penis-meaning piercing through the shaft of the penis, or"trans-penis" piercing in any area from the corona glandis to the pubic bone; so called "deep" piercing of the scrotum -meaning piercing through the scrotum,or"trans-scrotal" piercing;and finally so called "deep" piercing of the vagina. (E) The following practices are hereby prohibited unless performed in a medical facility by a medical doctor licensed by the Commonwealth of Massachusetts:tongue splitting; braiding;three dimensional/beading/implementation;tooth filing/fracturing/removal/tattooing;cartilage modification;amputation;genital modification;introduction of saline or other liquids into the body. (F) No person other than a licensed physician, dentist,or doctor of osteopathy shall employ the use of a federally controlled substance,including topical,oral,parenteral or inhaled anesthetics while providing body arts procedures. Topical anesthetics that are licensed for sale over-the-counter use may be used at the discretion of the practitioner for the desensitization of the skin as long as the manufacturer's directions are followed carefully (G)No person shall perform a body arts procedure in the presence of evidence of unhealthy conditions in the area of the body to receive the procedure. (H)No person may perform a body arts procedure in the presence of any critical violation as defined herein. (I) Patrons who admit to or are obviously under the influence of alcohol or other judgment altering drugs shall not be given a body art procedure. (J) Body art practitioners shall not be under the influence of alcohol or any other substance,legal or illegal,which might impair their judgment or ability to properly perform body art. (K) No person shall perform their own body art procedures. (L)Violation of any of these restrictions shall result in the suspension or revocation the practitioner's license and/or the establishment's permit,and shall cause the violator to be subject to additional penalties and fines as defined in this document or as determined by the Board. Repeated violations (three or more) shall result in permanent revocation of licenses and/or permits. 5. 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(floors may have short nap commercial carpet),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. All toilet facilities and workstation sinks shall be maintained in good working order and kept clean at all times. (+) No laminate flooring is allowed in treatment areas. (+) No acoustic ceiling tiles are allowed in treatment areas. (3)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. (4) The establishment shall take all measures necessary to ensure against the presence or breeding of insects,vermin,and rodents within the establishment. (5) Each body art station shall have a minimum of 45 square feet of floor space for each practitioner. Each establishment shall have an area that may be screened from public view for clients requesting privacy. Multiple body art stations shall be separated by a dividers or partition at a minimum. (6) The establishment shall be well ventilated and provided with an artificial light source equivalent to at least 20 foot candles 3 feet off the floor,except that at least 100 foot candles shall be provided at the level where the body art procedure is being performed, and where instruments and sharps are assembled and all cleaning areas. (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. (+) There shall be a sharps container in each operator area and each cleaning area. (8) 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. (9) 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,leak proof,rodent-resistant containers and shall be removed from the premises at least weekly. (10) At least one janitorial sink shall be provided in each body art establishment for use in cleaning the establishment and proper disposal of non-contaminated liquid wastes in accordance with all applicable Federal,state and local laws. Said sink shall be of adequate size equipped with hot and cold running water under pressure and permit the cleaning of the establishment and any equipment used for cleaning. (11) 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. (12) 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. (13) 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. (14) 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. (15) Smoking,eating,or drinking is prohibited in the area where body art is performed, with the exception of non-alcoholic fluids being offered to a client during or after a body art procedure. (16) No alcohol shall be served or stored on the premises. (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 a cannula shall not be reused. (4) All inks, dyes,pigments,solid core needles,and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer's instructions. (5) Inks, dyes or pigments may be mixed and may only be diluted with distilled or sterile water. Immediately before a tattoo is applied,the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper cups or plastic caps. Upon completion of the tattoo,these single-use cups or caps and their contents shall be discarded. (C) Sanitation and Sterilization Measures and Procedures (1) All non-disposable instruments used for body art,including all reusable solid core needles,pins and stylets,shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water, (to remove blood and tissue residue),and shall be placed in an ultrasonic unit operated in accordance with manufacturer's instructions. All disinfecting/cleaning solutions or agents shall be maintained at adequate strengths to maintain effectiveness,be free of foreign material and be available for immediate use at all times the establishment is open. Each holder of a permit to operate a body art establishment shall demonstrate, through recording logs or other verifiable means, that the disinfecting solutions in use maintain adequate strength and effectiveness. (2) After being cleaned,all non-disposable instruments used for body art shall be packed individually in sterilizer packs and subsequently sterilized in a steam autoclave. All sterilizer packs shall contain either a sterilizer indicator or internal temperature indicator.Sterilizer packs must be dated with an expiration date not to exceed six (6) months. (3) The autoclave shall be used,cleaned,and maintained according to manufacturer's instruction. A daily log will be maintained to demonstrate appropriate sterilization temperatures are reached. 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 (3) years and made available to the Board upon request. (5) All instruments used for body art procedures shall remain stored in sterile packages until just prior to the performance of a body art procedure. After sterilization,the instruments used in body art procedures shall be stored in a dry,clean cabinet or other tightly covered container reserved for the storage of such instruments. (6)Sterile instruments may not be used if the package has been breached or after the expiration date without first repackaging and re-sterilizing. (7) If the body art establishment uses only sterile single-use, disposable instruments and products,and uses sterile supplies,an autoclave shall not be required. (8) When assembling instruments used for body art procedures,the operator shall wear disposable medical gloves and use medically recognized techniques to ensure that the instruments and gloves are not contaminated. (9) Used linens and cloth items shall be stored in covered containers until laundered. Reusable cloth items shall be mechanically washed with detergent and dried after each use. The cloth items shall be stored in a dry,clean environment until used.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 use of chlorine disinfectant. (+New Section) Communicable&Blood Borne Disease Establishment owners and practitioners shall be responsible for adhering to the following standards: a. No practitioner shall provide any body arts services or work in an establishment while having a disease or condition which has been diagnosed by a physician to be communicable. (See definitions) b. No practitioner shall diagnose or treat any suspected communicable disease or condition. c. Any practitioner providing body arts services or working in an establishment while being diagnosed with or suspected of having acquired an immunodeficiency virus and related immunodeficiency condition or hepatitis B virus shall observe and follow all current Center for Disease Control(CDC) standards. (D) Posting Requirements The following shall be prominently displayed: (1) A Disclosure Statement,a model of which is available from the Massachusetts Department of Public Health. 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 address and phone number of the North Andover Board of Health,which has jurisdiction and the procedure for filing a complaint. (3) An Emergency Plan,including: (a) A plan for the purpose of contacting police,fire or emergency medical services in the event of an emergency; (b) A telephone in good working order shall be easily available and accessible to all employees and clients during all hours of operation; (c) A sign at or adjacent to the telephone indicating the correct emergency telephone numbers. (4) An occupancy and use permit as issued by the local building official. (5) A current establishment permit. (6) Each practitioner's permit. (+)And in addition a Procedures and Policies Manual shall be provided to all practitioners by the facility management. This requirement can be fulfilled by providing to each practitioner a copy of the Northampton Body Art Regulations.Each body arts establishment permit holder and/or practitioner must carry a current government issued photo ID at all time when practicing body arts or when an establishment is opened for business,and must present such ID to the BOH inspectors upon request. (E) Establishment Recordkeeping The establishment shall maintain the following records in a secure place for a minimum of three (3) years,and such records shall be made available to the Board upon request: (1) Establishment information,which shall include: (a) Establishment name; (b) Hours of operation; (c) Owner's name and address; (d) A complete description of all body art procedures performed; (e) An inventory of all instruments and body jewelry,all sharps,and all inks used for any and all body art procedures,including names of manufacturers and serial or lot numbers,if applicable. Invoices or packing slips shall satisfy this requirement; (f) A Material Safety Data Sheet,when available,for each ink and dye used by the establishment;and (g) A copy of these regulations. (+) A copy of commercial biological monitoring tests (+) Waste hauler manifests (+) Exposure incident reports (2) Employee information,which shall include: (a) Full names and exact duties; (b) Date of birth; (c) Home address; (d) Home/work phone numbers (+) Photo identification (+) Dates of employment (+) Training records;and (3) Client Information,which shall include: (a) Name; (b) Date of birth and valid photo identification; (c) Address of the client; (d) Date of the procedure; (e) Name of the practitioner who performed the procedure(s); (f) Description of procedure(s) performed and the location on the body; (g) A signed consent form as specified by 6(D)(2);and, (h) If the client is a person under the age of 18,proof of parental or guardian identification,presence and consent including a copy of the photographic identification of the parent or guardian. (4) Client information shall be kept confidential at all times. (+) Exposure Control Plan Each establishment shall create,update,and comply with an Exposure Control Plan. The Plan shall be submitted to the Board for review so as to meet all of the requirements of OSHA regulations,to include,but not limited to,29 Code of Federal Regulation 1910.1030 OSHA Blood borne 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)Vaccination The establishment shall require that all body art practitioners have either completed, or were offered and declined,in writing,the hepatitis B vaccination series. Records documenting compliance with this requirement shall be provided to the Board upon request. 6. Standards of Practice Practitioners are required to comply with the following minimum health standards: (A) A practitioner shall perform all body art procedures in accordance with Universal Precautions set forth by the U.S Centers for Disease Control and Prevention. (B) A practitioner shall refuse service to any person who may be under the influence of alcohol or drugs or who exhibits signs of recent intravenous drug use. (C) Practitioners who use ear-piercing systems must conform to the manufacturer's directions for use, and to applicable U.S. Food and Drug Administration requirements. No practitioner shall use an ear piercing system on any part of the client's body other than the lobe of the ear. (D) Health history and client informed consent. Prior to performing a body art procedure on a client,the practitioner shall: (1) Inform the client,verbally and in writing that the following health conditions may increase health risks associated with receiving a body art procedure: (a) History of diabetes; (b) History of hemophilia (bleeding); (c) History of skin diseases,skin lesions,or skin sensitivities to soaps,disinfectants etc.; (d) History of allergies or adverse reactions to pigments,dyes,or other sensitivities; (e) History of epilepsy,seizures,fainting,or narcolepsy; (f) Use of medications such as anticoagulants,which thin the blood and/or interfere with blood clotting;and (g) Any other conditions such as hepatitis or HIV. (2) Require that the client sign a form confirming that the above information was provided,that the client does not have a condition that prevents them from receiving body art,that the client consents to the performance of the body art procedure and that the client has been given the aftercare instructions as required by section 6(K). (E) A practitioner shall maintain the highest degree of personal cleanliness,conform to best standard hygienic practices,and wear clean clothes when performing body art procedures. Before performing body art procedures,the practitioner must thoroughly wash their hands in hot running water with liquid soap,then rinse hands and dry with disposable paper towels.This shall be done as often as necessary to remove contaminants. (F) In performing body art procedures,a practitioner shall wear disposable single use gloves. Gloves shall be changed if they become pierced, torn,or otherwise contaminated by contact with any unclean surfaces or objects or by contact with a third person.The gloves shall be discarded,at a minimum, after the completion of each procedure on an individual client,and hands shall be washed in accordance with section (E)before the next set of gloves is put on. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable single-use gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program. When gloves are removed during a procedure,hands should be washed and a fresh pair of gloves used. Torn or perforated gloves should be removed immediately,hands washed and fresh gloves shall be used. (G) The skin of the practitioner shall be free of rash or infection.No practitioner affected with boils,infected wounds,open sores,abrasions,weeping dermatological lesions or acute respiratory infection shall work in any area of a body art establishment in any capacity in which there is a likelihood that that person could contaminate body art equipment,supplies,or working surfaces with body substances or pathogenic organisms. (H) Any item or instrument used for body art that is contaminated during the procedure shall be discarded and replaced immediately with a new disposable item or a new sterilized instrument or item before the procedure resumes. (I) Preparation and care of a client's skin area must comply with the following: (1) Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible infection. (2) Before a body art procedure is performed,the immediate skin area and the areas of skin surrounding where body art procedure is to be placed shall be washed with soap and water or an approved surgical skin preparation. If shaving is necessary, single-use disposable razors or safety razors with single-service blades shall be used. Blades shall be discarded after each use,and reusable holders shall be cleaned and autoclaved after use. Following shaving,the skin and surrounding area shall be washed with soap and water. The washing pad shall be discarded after a single use. (3) In the event of bleeding,all products used to stop the bleeding or to absorb blood shall be single use,and discarded immediately after use in appropriate covered containers,and disposed of in accordance with 105 CMR 480.000. (J) Petroleum jellies,soaps,and other products used in the application of stencils shall be dispensed and applied on the area to receive a body art procedure with sterile gauze or other sterile applicator to prevent contamination of the original container and its contents.The applicator or gauze shall be used once and then discarded. (+)Body pencils/pens used in body arts shall have the tip removed, the body&tip of the pen disinfected,and the tip sharpened to remove the exposed edge after use on a client and prior to use on another client. (+) Plastic or acetate stencils used to transfer the tattoo design to the clients skin shall be thoroughly cleansed and rinsed in an EPA approved high-level disinfectant according to the manufacturer's instructions and then dried with a single-use paper product. (+) The use of styptic pencils or alum solids to stem the flow of blood is prohibited. (+) Upon completion of tattooing,the skin shall be cleansed,excluding the area around the eyes,with a clean single-use paper product saturated with an FDA approved antiseptic solution. (K) The practitioner shall provide each client with verbal and written instructions on the aftercare of the body art site. A copy shall be provided to the client. A model set of aftercare instructions is available from the Massachusetts Department of Public Health. The written instructions shall advise the client: (1) On the proper cleansing of the area which received the body art; (2) To consult a health care provider for: (a) Unexpected redness,tenderness or swelling at the site of the body art procedure; (b) Any rash; (c) Unexpected drainage at or from the site of the body art procedure;or (d) A fever within 24 hours of the body art procedure; (3) Of the address,and phone number of the establishment. (L) Contaminated waste shall be stored,treated and disposed in accordance with 105 CMR 480.000:Storage and Disposal of Infectious or Physically Dangerous Medial or Biological Waster,State Sanitary Code,Chapter VIII. (+) Exposure Incident Report-NEW SECTION An Exposure Incident Report shall be completed by the close of the business day during which an exposure has or might have taken place by the involved or knowledgeable body art practitioner for every exposure incident occurring in the conduct of any body art activity. Practitioners must inform clients of possible exposure immediately following any exposure incident and refer clients for immediate medical consultation. Records of exposure incidents shall be maintained per OSHA Blood borne Pathogen Standards. Each Exposure Incident Report shall contain: (+) A copy of the application and consent form for body art activity completed by any client or minor client involved in the exposure incident; (+) A full description of the exposure incident,including the portion of the body involved therein; (+) Instrument(s) or other equipment implicated; (+) A copy of body art practitioner license of the involved body art practitioner; (+) Date and time of exposure; (+) A copy of any medical history released to the body art establishment or body art practitioner;and (+) Information regarding any recommendation to refer to a physician or waiver to consult a physician by persons involved. 7. Injury Reports A written report of any injury,infection complication or disease as a result of a body art procedure,or complaint of injury,infection complication or disease,shall be forwarded by the operator to the Board which issued the permit,with a copy to the injured client within five working days of its occurrence or knowledge thereof. The report shall include: (A) The name of the affected client; (B) The name and location of the body art establishment involved; (C) The nature of the injury,infection complication or disease; (D) The name and address of the affected client's health care provider,if any; (E) Any other information considered relevant to the situation. 8. Complaints (A) The Board shall investigate complaints received about an establishment or practitioner's practices or acts,which may violate any provision of the Board's regulations. (B) If the Board finds that an investigation is not required because the alleged act or practice is not in violation of the Board's regulations,then the Board shall notify the complainant of this finding and the reasons on which it is based. (C) If the Board finds that an investigation is required,because the alleged act or practice may be in violation of the Board's regulations,the Board shall investigate and if a finding is made that the act or practice is in violation of the Board's regulations,then the Board shall apply whatever enforcement action is appropriate to remedy the situation and shall notify the complainant of its action in this manner. 9. Application for Body Art Establishment Permit (A) No person may operate a body art establishment except with a valid permit from the Board. 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 understands 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. (+) Persons purchasing an existing body arts establishment shall (+) Meet all requirements of a new establishment (+) Submit a new body arts establishment permit application,the permit fee and obtain a permit prior to opening the establishment for business,and (+) Comply with the Board of Health Body Arts Establishment regulation 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) 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. (ADDENDUM) (C) A practitioner shall be a minimum of 18 years of age. (D)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. (E) 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. (+) declaration about any prior criminal record(s) (+) present photo ID at time of application (+) Social Security number (+) Name &address of new employer (E) Minimum Training and Experience Requirements (MIX OF ADDENDUM AND LOCAL BEGS) New Practitioners Only: 1. Apprenticeship License A. No person shall practice as an apprentice any Body Art procedure without first obtaining an apprentice permit from the Board.The annual fee for a Body Art Practitioner Apprentice shall be set by the Board of Health. B. An apprentice permit shall be an annual permit valid from the date of issuance and shall expire on December 31 of each year unless revoked sooner by the Board.The permit shall be renewed annually until completion of apprenticeship. C. Application for an apprentice permit shall include: (1) Name; (2) date of birth; (3) Residence address; (4) Mailing address; (5) Phone number; (6) Place(s) of prior employment as a practitioner if any; (7) Declaration about any prior criminal record(s); (8) Present photo I.D. at time of application. (9) Social security number; (10) Name and address of approved trainer (11) Signed letter of acceptance of trainer (12) Proof of all pre-apprenticeship training requirements (13) Copy of informed consent documentation to be used as documentation of the number and type of procedures performed. D. 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. E. 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. F. Apprenticeship applicants must complete a one year apprenticeship under a Body Art Practitioner with a valid North Andover Body Art Practitioners License. G. A Body Art Practitioner mentoring an apprentice must be a licensed Body Art Practitioner in North Andover for a minimum of two years. H. Apprenticeship applications must also include a letter from the Body Art Establishment acknowledging the apprenticeship conditions and requirements. The letter must be signed by the owner,manager or authorized representative and the licensed practitioner(s) who will be training and supervising the apprentice. I. 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. J. Training for all apprenticeships shall be approved by the Board and,at a minimum,shall include evidence of successfully completing the following procedures during the apprenticeship period: 1. Client consultation; 2. Client health form; 3. Client disclosure form; 4. Client preparation; 5. Client informed consent 6.Sanitation and safety precautions; 7. Implement selection and use; 8. Proper use of equipment;and 9. Material selection and use; 10. Needles; 11.Pigments; 12. Machine: (1) Construction; (2) Adjustment;and (3) Power supply; 13. Art, drawing,and portfolio. All Practitioners: 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 diseases,skin disorders and any conditions 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 subject 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 Cardiopulmonary 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 of license(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 Body Art Establishment,Practitioner and Apprenticeship licenses. F. Applicants for semi-permanent and permanent cosmetics only (microblading,Micropigmentation,permanent makeup,etc.)must also provide the following: G. Certificate of successful completion/passing a training course of at least 100 hours of instruction time that is 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 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: H. 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. Touchups do not count as a procedure. (F) A practitioner's permit shall be conditioned upon continued compliance with all applicable provisions of these model regulations. 6. Trainer Standards (A) Trainers must apply to the Board prior to accepting an apprentice. Requirements at the time of application include: (1) Trainers must demonstrate licensure for a minimum of the most recent 3 consecutive years with no documented violations. (2) Trainers are responsible for developing and maintaining a log of the hours worked and actions performed by the apprentice.A blank copy of this log will be provided at the time of application. (3) Trainers shall develop an informed consent form that includes a statement that the procedure is being performed by an apprentice. A copy of this form will be provided at the time of application. (B) Trainers are assuming responsibility for the apprentice throughout the training period. It is the trainer's responsibility to ensure all procedures and practices are conducted in compliance with all applicable codes. (C) Trainers are responsible for providing the Health Department with all necessary paperwork at the end of the apprenticeship. (D) Each trainer may have no more than one (1) apprentice at any given time. (F) During the initial training period,the trainer's permit shall be held responsible for any complaints lodged against the apprentice. (G) Apprenticeship program approval shall be based on Departmental approval of curriculum proposed by Mentor. (H)All Mentors must maintain an ongoing and up-to-date log of the Apprentice's training,hours logged in each required activity,Mentor comments on Apprentice performance and learning,and signatures of both Mentor and Apprentice. (I) Mentors must provide a certificate of insurance demonstrating coverage for the Apprentice. (+) 11. Other items to add to Apprentice requirements (D) Demonstration of Proficiency (for all Body Art Apprentices) and Probationary Permits 1. After the initial apprenticeship year,all Body Art apprentices are eligible to apply for a Probationary Permit under the following conditions: a.The approved trainer must submit a statement to the Board recommending probationary status. b.The approved trainer will submit a statement that the apprentice is able to perform all allowable procedures (as defined in Section 5) or submits a statement that the apprentice is unable to perform a defined type of procedure without active supervision. Included in this statement will be documentation of the types and number of procedures performed by the apprentice during the training period. c. After being granted a Probationary Permit the apprentice will be able to perform all allowable procedures for pay. d. Informed consent forms provided to clients shall be kept on file at the Body Art Establishment and provided to the Board as requested as proof of the number and type of procedures performed. (E) Application for Full Permit 1. Upon completion of the required probationary period the approved trainer must submit a statement to the Board recommending full practitioner status. 2. All components of Section 12 will be applicable for this application. i 3. Informed consent forms provided to clients shall be kept on file at the Body Art Establishment and provided to the Board as requested as proof of the number and type of procedures performed during the apprenticeship period. 12. Grounds for Denial of Permit, Revocation of Permit, or Refusal to Renew Permit (A) The Board may deny a permit,revoke a permit or refuse to renew a permit on the following grounds,each of which,in and of itself,shall constitute full and adequate grounds for revocation or refusal to renew: (1) Any actions which would indicate that the health or safety of the public would be at risk; (2) Fraud,deceit or misrepresentation in obtaining a permit,or its renewal; (3) Criminal conduct which the Board determines to be of such a nature as to render the establishment,practitioner or applicant unfit to practice body art as evidenced by criminal proceedings resulting in a conviction,guilty plea,or plea of nolo contend ere or an admission of sufficient facts; (4) Any present or past violation of the Board's regulations governing the practice of body art; (5) Practicing body art while the ability to practice is impaired by alcohol,drugs, physical disability or mental instability; (6) Being habitually drunk or being dependent on,or a habitual user of narcotics, barbiturates,amphetamines,hallucinogens,or other drugs having similar effects; (7) Knowingly permitting,aiding or abetting an unauthorized person to perform activities requiring a permit; (8) Continuing to practice while his/her permit is lapsed,suspended, or revoked; (9) Having been disciplined in another jurisdiction in any way by the proper permitting authority for reasons substantially the same as those set forth in the Board's regulations. (10) Other just and sufficient cause which the Board may determine would render the establishment,practitioner or applicant unfit to practice body art; (B) The Board shall notify an applicant,establishment or practitioner in writing of any violation of the Board's regulations,for which the Board intends to deny,revoke,or refuse to renew a permit.The applicant,establishment or practitioner shall have seven (7) days after receipt of such written notice in which to comply with the Board's regulations. The Board may deny,revoke or refuse to renew a permit,if the applicant, establishment or practitioner fails to comply after said seven(7) days. (C) Applicants denied a permit may reapply at any time after denial. 13. Grounds for Suspension of Permit The Board may summarily suspend a permit pending a final hearing on the merits on the question of revocation if,based on the evidence before it,the Board determines that an establishment and/or a practitioner is an immediate and serious threat to the public 1 health,safety or welfare.The finding of a critical violation shall be an example of grounds for suspension.The suspension of a permit shall take effect immediately upon written notice of such suspension by the Board. 14. Procedure for Hearings (A) Suspension of a Permit (1) After a Board suspension of a permit,a hearing shall be initiated pursuant to 801 CMR 1.00 et seq. (Standard Adjudicatory Rules of Practice and Procedure),no later than twenty-one(21) calendar days after the effective date of the suspension. (2) Upon written request to the Board of Health,the establishment or practitioner shall be afforded an opportunity to be heard concerning the suspension of the permit by the Board. (3) In cases of suspension of a permit,the hearing officer shall determine whether the Board has proved by a preponderance of the evidence that there existed immediately prior to or at the time of the suspension an immediate and serious threat to the public health,safety or welfare.The hearing officer shall issue a written decision,which contains a summary of the testimony and evidence considered and the reasons for the decision. (B) Denial,Revocation,or Refusal to Renew a Permit (1) If the Board determines that a permit shall be denied,revoked,or not renewed pursuant to the Board's regulations,the Board shall initiate a hearing in accordance with 801 CMR 1.00 et seq. (2) Following the hearing,the hearing officer shall issue a written decision that contains a summary of the testimony and evidence considered and the reasons for the decision. 15. Unauthorized Practice of Body Art The Board shall refer to the appropriate District Attorney,Attorney General,or other law enforcement official any incidents of unauthorized practice of body art. 16. Severability If any provision contained in the model regulations is deemed invalid for any reason,it shall be severed and shall not affect the validity of the remaining provisions. +) 17. Fines for Violation NEW SECTION The fine for a violation of any provision of these Rules and Regulations shall be up to one thousand dollars ($1000) per offense. Each day that a violation continues shall be deemed to be a separate offense.The Board may seek injunctive relief in response to any violation. (+) 18. Non-criminal Disposition NEW SECTION In accordance with MGL chapter 40,section 21D and Northampton City Ordinance Chapter .... 25, Section 5, whoever violates any provision of these Rules and Regulations may bed penalized by non-criminal disposition. i Questions going forward: 1. Do we want to enforce a probationary period after the year of training is finished?If not,what is the process upon finishing the year of training? 2. Do we find the standards of training for both the Trainer and the Apprentice acceptable,or is there other items we wish to incorporate? -, 3. Are there certain sections or clauses that should be moved to or combined with another section? I FLU NEWS Due to this past years increase in mid-season prevalence of flu activity, The WHO (World Health Organization) has delayed vaccine strain selection for this upcoming season. What does this mean? Flu vaccine shipments from manufacturers will be delayed by approximately 3-4 weeks. That means the Health Department and other vaccine providers will not be receiving flu vaccine until late September, October, and November. How does this change the flu clinics? The North Andover Health Department still planning on flu clinics at The Senior Center, Senior Housing, the High School, and through in- office appointments. The only difference will be the clinics are running a few weeks later than in years past. Vaccine for ages 4 and older will be available, including High Dose for 65 and older. What should I do if I normally get my vaccine earlier? Be patient. Although timing is important, receiving the most effective vaccine for your age group is just as important. Waiting until October or November to get your flu vaccine is completely acceptable and is in fact what most recommend. How will I know what the flu clinic dates will be? Once flu clinic dates are finalized, they will be posted in the Senior Center monthly newsletters, in North Andover Town Offices email and social media, and on the Health Department webpage. For more information call the North Andover Health Department at 978-688-9540 or visit northandoverma.gov/health