HomeMy WebLinkAbout2019-12-19 Board of Health Minutes (2) North Andover Board of Health
Meeting Minutes
Thursday—December 19, 2019
7:00 p.m.
120 Main Street, 2nd Floor Selectmen's Meeting Room
North Andover, MA 01845
Present: Frank MacMillan Jr.,Joseph McCarthy,Patrick Scanlon,Brian LaGrasse,Caroline Ibbitson,
Stephen Casey Jr and Toni K.Wolfenden
I. CALL TO ORDER
The meeting was called to order at 7:00 pm.
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
Meeting Minutes from October 24,2019 were presented for signature. Motion was made by Joseph
McCarthy to approve the minutes,the motion was seconded by Patrick Scanlon,all were in favor and the
minutes were approved.(3-0-0)
IV. PUBLIC HEARINGS
A. Revisions to The North Andover Body Art Regulations
Stephen Casey reviews the changes to the Body Art Regulations-See Appendix A.
Section E.Establishment Recordkeeping Part 3 will be amended.Valid photo identification for over 18
year old adults will not be required to be kept on file.
MOTION made by Joseph McCarthy to accept the North Andover Board of Health Regulations for
Body Art Establishments and Practioners with the amendments of Section E.Part 3. Motion seconded
by Patrick Scanlon.All were in favor and the motion was approved. (3-0-0)
The new Body Art Establishments and Practioners Regulations will go into effect on January 1,2020
B. Revisions to The North Andover Board of Health Recreational Camps for Children Regulations
Caroline Ibbitson reviews the changes to the Recreational Camps—See Appendix B.
Section III-Health Care Staff to Be Provided will be amended. The licensed physician will be a MD
or DO.
MOTION made by Patrick Scanlon to adopt the revised regulations as distributed. Motion seconded
by Joseph McCarthy.All were in favor and the motion was approved. (3-0-0)
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
MOTION made by Joseph McCarthy to close the Public Hearing.Motion seconded by Patrick Scanlon.
All were in favor and the motion was approved. (3-0-0)
V. OLD BUSINESS
VI. NEW BUSINESS
A.
MOTION made to accept the 2020 Board of Health Meeting Schedule-Appendix C. All were in
favor and the motion was approved.(3-0-0)
B. The Board of Health reviews the internal 2020 Emergency Call List. No changes/corrections.
C. Brian LaGrasse discusses the I year Temporary Approval for Thomson Brothers Industries. TBI is
accepting materials however,per instructions,the site is cleaned daily. They are in the process of
designing plans,which will be using the newest technology. At this time,there is no definite timeline.
See Appendix D.
VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
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 8:03 pm.
Prepared by:
Toni K. Wolfenden,Health Dept.Assistant
Reviewed bv:
All Board of Health Members&Brian LaGrasse, Health Director
Signed by:
q,eph&cCarthy, Clerk of the Bo rd D e igned
Documents Used At Meeting:
Meeting Agenda
Draft—North Andover Board of Health Regulations for Body Art Establishments and Practioners
Draft—North Andover Board of Health Recreational Camps for Children Regulations
Board of Health—2020 Meeting Schedule
TBI Temporary Operations Approval email and letter
North Andover Board of Health
Meeting Agenda
Thursday, December 19,2019
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
A. October 24,2019
IV. PUBLIC HEARINGS
A. Revisions to The North Andover Body Art Regulations
B. Revisions to The North Andover Camp Regulations
V. OLD BUSINESS
VI. NEW BUSINESS
A. 2020 Board of Health Meeting Schedule-review and vote
B. 2020 Board of Health Department Emergency Call List-review
C. Thomson Brothers Industries-Temporary Operations
VH. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
VHI. CORRESPONDENCE/NEWSLETTERS
IX. 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-LaFleur,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
North Andover Board of Health Regulations for Body Art
Establishments and Practitioners
Blue Font - New Information
Red - From Addendum
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. Grounds for Denial of Permit,Revocation of Permit or Refusal to Renew Permit
12. Grounds for Suspension of Permit
13. Procedure for Hearings
14. Unauthorized Practice of Body Art
15.Severability
16. Fines for Violations
17. 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: Written instructions given to the client,specific to the body art procedure(s)
rendered,about caring for the body art and surrounding area,including information
about when to seek medical treatment,if necessary.
Applicant: Any person who applies to the Board of Health for either a body art
establishment permit or practitioner permit.
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Apprentice: Any person who applies to the Board of Health for a body art practitioner
permit to work under a licensed practitioner for training.
Autoclave: An apparatus for sterilization utilizing steam pressure at a specific
temperature over a period of time.
Autoclaving: A process which results in the destruction of all forms of microbial life,
including highly resistant spores,by the use of an autoclave for a minimum of thirty
minutes at 20 pounds of pressure (PSI) at a temperature of 270 degrees Fahrenheit.
Bloodborne Pathogens Standard: OSHA Guidelines contained in 29 CFR 1910.1030,
entitled"Occupational Exposure to Bloodborne Pathogens."
Board of Health or Board:The 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: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: A location,place,or business that has been
granted a permit by the Board,whether public or private,where the practices of body
art are performed,whether or not for profit.
Body Art Practitioner or practitioner: A specifically identified individual who has been
granted a permit by the Board to perform body art in an establishment that has been
granted a permit by the Board.
Body Piercing:Puncturing or penetrating the skin of a client with presterilized single-
use needles and the insertion of presterilized jewelry or other adornment into the
opening.This definition excludes piercing of the earlobe with a presterilized single-use
stud-and-clasp system manufactured exclusively for ear-piercing.
Branding: Inducing a pattern of scar tissue by use of a heated material(usually metal) to
the skin,making a serious burn,which eventually becomes a scar.
Cleaning Area: The 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: A member of the public who requests a body art procedure at a body art
establishment.
Communicable Disease or Condition: 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: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,but is not limited to,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
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of releasing 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:The Department of Public Health or its authorized representatives.
Disinfectant:A product registered as a disinfectant by the U.S. Environmental Protection
Agency (EPA).
Disinfection:The destruction of disease-causing microorganisms on inanimate objects or
surfaces,thereby rendering these objects safe for use or handling.
Ear piercing:The puncturing of the lobe of the ear with a presterilized single-use stud-
and-clasp ear-piercing system following the manufacturer's instructions.
Equipment: All machinery,including fixtures,containers,vessels,tools,devices,
implements,furniture,display and storage areas,sinks,and all other apparatus and
appurtenances used in connection with the operation of a body art establishment.
Exposure: 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.
Facili : 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: A lavatory equipped with hot and cold running water under pressure,used
solely for washing hands,arms,or other portions of the body.
Hot water:Water that attains and maintains a temperature 110°-1300F.
Instruments Used for Body Art: Hand pieces,needles,needle bars,and other
instruments that may come in contact with a client's body or may be exposed to bodily
fluids during any body art procedure.
Invasive: Entry into the client's body either by incision or insertion of any instruments
into or through the skin or mucosa,or by any other means intended to puncture,break,
or otherwise compromise the skin or mucosa.
ewe : 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: A light reflectance value of 70 percent or greater.
Linens: Cloths or towels used for such things as draping or protecting tables.
Microbladin :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.
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Micropig entation: See Permanent Makeup/Cosmetics
Minor:Any person under the age of eighteen(18)years.
Operator: Any person who individually,or jointly or severally with others,owns,or
controls an establishment,but is not a body art practitioner.
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,
Dermapigmentation, Micropigmentation, and Cosmetic Tattooin .
Permit: Board approval in writing to either (1) operate a body art establishment or(2)
operate as a body art practitioner within a body art establishment. Board approval shall
be granted solely for the practice of body art pursuant to these regulations.Said permit
is exclusive of the establishment's compliance with other licensing or permitting
requirements that may exist within community or political subdivision comprising the
Board's jurisdiction.
Person: 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: An individual licensed as a qualified physician by the Board of Registration
in Medicine pursuant to M.G.L.c. 112§2.
Procedure surface: 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: Clean and free of agents of infection or disease.
Sanitize:The application of a U.S. EPA registered sanitizer on a cleaned surface in
accordance with the label instructions.
Scarification: Altering skin texture by cutting the skin and controlling the body's healing
process in order to produce wounds,which result in permanently raised wheals or
bumps known as keloids.
Sharps: Any object,sterile or contaminated,that may intentionally or accidentally cut or
penetrate the skin or mucosa,including,but not limited to,needle devices,lancets,
scalpel blades,razor blades,and broken glass.
Sharps Container:A puncture-resistant,leak-proof container that can be closed for
handling,storage,transportation,and disposal and that is labeled with the International
Biohazard Symbol.
Single Use Items:Products or items that are intended for one-time,one-person
use and are disposed of after use on each client,including,but not limited to,cotton
swabs or balls,tissues or paper products,paper or plastic cups, gauze and sanitary
coverings,razors,piercing needles,scalpel blades,stencils,ink cups,and protective
gloves.
Sterilize:The use of a physical or chemical procedure to destroy all microbial life
including highly resistant bacterial endospores.
Tattoo:The indelible mark,figure or decorative design introduced by insertion of dyes
or pigments into or under the subcutaneous portion of the skin.
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Tattooing: Any method of placing ink or other pigment into or under the skin or mucosa
by the aid of needles or any other instrument used to puncture the skin,resulting in
permanent coloration of the skin or mucosa.This term includes all forms of cosmetic
tattooing.
Trainer: Any Town of North Andover licensed practitioner who has been approved to
supervise an apprentice.
Ultrasonic Cleaning Unit: 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: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
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(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:
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(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.
(2) No laminate flooring is allowed in treatment areas.
(3) No acoustic ceiling tiles are allowed in treatment areas.
(4) 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.
(5) The establishment shall take all measures necessary to ensure against the presence or
breeding of insects,vermin,and rodents within the establishment.
(6) 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.
(7) 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.
(8) 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 practitioner area shall have a hand sink.
(9) There shall be a sharps container in each practitioner area and each cleaning area.
(10) 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.
(11) At least one covered,foot operated waste receptacle shall be provided in each
operator area and each toilet room. Receptacles in the operator and practitioner area
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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.
(12) 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.
(13) All instruments and supplies shall be stored in clean,dry,and covered containers.
Containers shall be kept in a secure area specifically dedicated to the storage of all
instruments and supplies.
(14) The establishment shall have a cleaning area.Every cleaning area shall have an area
for the placement of an autoclave or other sterilization unit located or positioned a
minimum of 36 inches from the required ultrasonic cleaning unit.
(15) The establishment shall have a customer waiting area,exclusive and separate from
any workstation,instrument storage area,cleaning area or any other area in the body art
establishment used for body art activity.
(16) No animals of any kind shall be allowed in a body art establishment except service
animals used by persons with disabilities (e.g.,Seeing Eye dogs).Fish aquariums shall
be allowed in waiting rooms and nonprocedural areas.
(17)Smoking and vaping,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.
(18) 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.
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(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.
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(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 160T or a temperature of 120T with use of chlorine disinfectant.
(10) 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.
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(4) An occupancy and use permit as issued by the local building official.
(5) A current establishment permit.
(6) Each practitioner's permit.
(7)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 North Andover 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.
(h) A copy of commercial biological monitoring tests
(i) Waste hauler manifests
0) 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
(e) Photo identification
(f) Dates of employment
(g) Training records;and
(3) Client Information,which shall include:
(a) Name; l
(b) Date of birth and valid photo identification; C CLMAnj2.a
(c) Address of the client;
(d) Date of the procedure;
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(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.
(5) 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.;
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(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,
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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.
(K)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.
(L) The use of styptic pencils or alum solids to stem the flow of blood is prohibited.
(M) 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.
(N) 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.
(0) 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.
(P) 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.
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Records of exposure incidents shall be maintained per OSHA Blood borne Pathogen
Standards.
Each Exposure Incident Report shall contain:
(1) A copy of the application and consent form for body art activity completed by
any client or minor client involved in the exposure incident;
(2) A full description of the exposure incident,including the portion of the body
involved therein;
(3) Instrument(s) or other equipment implicated;
(4) A copy of body art practitioner license of the involved body art practitioner;
(5) Date and time of exposure;
(6) A copy of any medical history released to the body art establishment or body
art practitioner;and
(7) Information regarding any recommendation to refer to a physician or waiver
to consult a physician by persons involved.
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
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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.
(G) Temporary Body Art Establishments shall not be allowed in North Andover.
Temporary Body Art Practitioner Permits shall also not be issued in North Andover.
(H) Persons purchasing an existing body arts establishment shall
(1) Meet all requirements of a new establishment
(2)Submit a new body arts establishment permit application,the permit fee and
obtain a permit prior to opening the establishment for business, and
(3) Comply with the Board of Health Body Arts Establishment regulation
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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.
(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(F)below.
(8) Declaration about any prior criminal record(s)
(9) Present photo ID at time of application
(10) Name&address of new employer
(F) Minimum Training and Experience Requirements
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.
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t
(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) Name and address of approved trainer
(10)Signed letter of acceptance of trainer
(11)Proof of all pre-apprenticeship training requirements
(12)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 training 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
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(9) Material selection and use;
(10) Needles;
(11) Pigments;
(12) Machine:
(a) Construction;
(b) Adjustment; and
(c) 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;
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(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
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provide the following:
a. 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:
(1) Overview of relevant anatomy and physiology.
(2) Sanitation,hygiene, and disinfection including infection
control and needle stick procedures.
(3) Taking a client's medical history and contraindications to
body art.
(4) Equipment operation and maintenance.
(5) Anesthetics.
(6) Color theory and aesthetics.
(7) Detailed training on each procedure.
(8) Hands-on practice of at least 3 complete procedures (two
eyebrows is a single procedure) on living clients.
Touchups do not count as a procedure.
(G) Demonstration of Proficiency for all Body Art Apprentices
(1) After the initial apprenticeship year,all Body Art apprentices are eligible to
apply for a Body Art Practitioner Permit under the following conditions:
(a) The approved trainer will submit a statement that the apprentice is
able to perform all allowable procedures (as defined in Section 4) 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.
(b) After being granted a Body Art Practitioner Permit the apprentice will
be able to become a licensed Body Art Practitioner and perform all allowable
procedures for pay.
(c) 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.
(H) Application for Full Permit
(1) Upon completion of the required Apprentice period the approved trainer
must submit a statement to the Board recommending full practitioner status.
(2) All components of Section 10 will be applicable for this application.
(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.
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(I) A practitioner's permit shall be conditioned upon continued compliance with all
applicable provisions of these model regulations.
(J) Trainer Standards
(1)Trainers must apply to the Board prior to accepting an apprentice.
Requirements at the time of application include:
(a) Trainers must demonstrate licensure for a minimum of the most recent
2 consecutive years with no documented violations.
(b) 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.
(c)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.
(2) 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.
(3) Trainers are responsible for providing the Health Department with all
necessary paperwork at the end of the apprenticeship.
(4) Each trainer may have no more than one (1) apprentice at any given time.
(5) During the initial training period,the trainer's permit shall be held
responsible for any complaints lodged against the apprentice.
(6) Apprenticeship program approval shall be based on Departmental approval
of curriculum proposed by Trainer.
(7) All Trainers must maintain an ongoing and up-to-date log of the Apprentice's
training,hours logged in each required activity,Trainer comments on Apprentice
performance and learning,and signatures of both Trainer and Apprentice.
(8) Trainers must provide a certificate of insurance demonstrating coverage for
the Apprentice.
11. Grounds for Denial of Permit, Revocation of Permit, or Refusal
to Renew Permit
(A) The Board may deny a permit,revoke a permit or refuse to renew a permit on the
following grounds,each of which,in and of itself,shall constitute full and 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;
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(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.
12. 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
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.
13. 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.
23
(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.
14. 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.
15. 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.
16. 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.
17. Non-criminal Disposition NEW SECTION
In accordance with MGL chapter 40,section 21D,whoever violates any provision of
these Rules and Regulations may be penalized by non-criminal disposition.
24
Effective Date:
This regulation was adopted on December 19,2019.
This regulation shall take effect on January 1,2020.
Signatures:
Francis P.MacMillan,M.D.,Chairman Date of Signature
Joseph McCarthy, Clerk Date of Signature
Michele Davis,R.N.,Member Date of Signature
Patrick Scanlon,D.O.,Member Date of Signature
Daphnee Alva-LaFluer,Member Date of Signature
Latest Revision Date: October 24, 2019
25
13
r Y-.
NORTH ANDOVER BOARD OF HEALTH
RECREATIONAL CAMPS FOR CHILDREN REGULATIONS
Revised regulations. Addendums are in blue.
Authority
Massachusetts General Laws (M.G.L.), Chapter 1 11, Section 31 and 105 CMR 430.000
Minimum Standards for Recreational Camps for Children (State Sanitary Code: Chapter IV).
Purpose and Scope
Acting in accordance with the above-cited authorities, the North Andover Board of Health
hereby adopts the following Recreational Camp for Children Regulations as reasonable
requirements for the protection and promotion of the health and safety of all users of such
facilities. All provisions of 105 CMR 430.000 are hereby adopted as local Board of Health
regulations and are incorporated into these regulations by such adoption. The purpose of
these regulations is to supplement those areas insufficiently or unclearly addressed in 105
CMR 430.000 Minimum Standards for Recreational Camps for Children.
Section I Timing of Paperwork Submission
A. All new and returning summer camps shall complete an online recreational camp
application and submit a complete and current Camp Administration Handbook by
April of each year for review by the North Andover Health Department. For camps
running outside of the summer months, applications and paperwork shall be submitted
no later than two (2) months before the first day of the camp's start.
B. A complete Camp Administration Handbook shall include, but not be limited to:
All camp policies and procedures pertaining to staff, campers, health
care and daily camp operations as required under 105 CMR 430.000 of
the current Minimum Standards for Recreational Camps for Children
(State Sanitary Code: Chapter IV).
C. Health records, physicals, and immunization records as required under 105 CMR
430.150, 430.151, and 430.152 of the current Minimum Standards for Recreational
Camps for Children (State Sanitary Code: Chapter IV) shall be complete and ready
for review no less than two (2) weeks prior to the first day of the camp's start of season
(not camp session).
D. Documentation showing completion of all staff and volunteer CORI and SORT reports
and where practicable any out-of-state or out-of-country background checks as
required under 105 CMR 430.090 of the current Minimum Standards for Recreational
Camps for Children (State Sanitary Code: Chapter IV) shall be complete and ready
for review no less than two (2) weeks prior to the first day of the camp's start of season
(not camp session).
Section II Required Immunizations
A. For campers and staff under 18 years of age, the required immunizations shall be in
compliance with the current Massachusetts Immunization Requirements for School
Entry. Immunizations shall be submitted in certificate form and indicate the month,
day, year, and type of immunization.
B. For campers and staff 18 and older, the required immunizations shall be in compliance
with the most current Department Immunization schedules developed pursuant to
recommendations of the Centers for Disease Control and Prevention.
C. For those campers and staff with religious objections to immunizations they shall submit
at the time of application for each camp season, a written statement, signed and
dated (by a parent or legal guardian if the individual is a minor), stating the following:
l. The general reason for such objections,
2. The understanding that in the event of one or more cases of a vaccine-
preventable or any other communicable disease present at camp, all
susceptible children, including those with religious exemptions, are
subject to exclusion as described in 105 CMR 300.000: Reportable
Diseases and Isolation and Quarantine Requirements,
3. That the individual is in good health.
Section Health Care Staff to be Provided
I
A. In addition to the requirements set forth in 105 CMR 430.159 of the current Minimum
Standards for Recreational Camps for Children (State Sanitary Code: Chapter IV) it is
further required that the designated Health Care Supervisor for residential or sports
camps, regardless of the total number of staff and campers, bel Ong- ;Xe- r//bcol`
1. A nurse registered to practice in the Commonwealth;
2. A physician licensed to practice in the Commonwealth;
3. A certified nurse practitioner or physician assistant licensed to practice in
the Commonwealth,, e
4. A Massachusetts licensed practical nurse.
SectionlV Fees and Fines �C 01-/'2c-C,/''OrI J
A. Camps will be responsible to submit a permit fee for each camp session at the time
of application. Permit fees will be per the current fee schedule.
B. Any camp that fails to comply in any way with the North Andover Board of Health
Recreational Camps for Children Regulations shall be subject to a fine of$100 per
offense. Each day that a violation continues shall be deemed to be a separate
offense.
C. Any camp that requires a re-inspection due to a violation of either the North
Andover Board of Health Recreation Camps for Children Regulations or 105 CMR
430.000 of the current Minimum Standards for Recreational Camps for Children
(State Sanitary Code: Chapter IV) shall incur an additional fee per the current fee
schedule.
Section V Severability
So far as the Board of Health may provide each section of these Rules and
Regulations shall be construed as separate to the end that if any section,
sentence, clause, or phrase shall be held invalid for any reason, the remainder of
the Rules and Regulations shall continue in full force.
NORTH ANDOVER BOARD OF HEALTH
RECREATIONAL CAMP FOR CHILDREN REGULATIONS
These are the current regulations. Any wording crossed out in Ford has been removed
from the revised regulations.
Authority
Massachusetts General Laws (M.G.L.), Chapter 1 11, Section 31 and 105 CMR 430.000
Minimum Standards for Recreational Camps for Children (State Sanitary Code: Chapter IV).
Purpose and Scope
Acting in accordance with the above-cited authorities, the North Andover Board of Health
hereby adopts the following Recreational Camp for Children Regulations as reasonable
requirements for the protection and promotion of the health and safety of all users of such
facilities. All provisions of 105 CMR 430.000 are hereby adopted as local Board of Health
regulations and are incorporated into these regulations by such adoption. The purpose of
these regulations is to supplement those areas insufficiently or unclearly addressed in 105
CMR 430.000 Minimum Standards for Recreational Camps for Children.
Sew -tion 1 identification of individuals on Premises/Intruder
i- Rd r erf tG the GGmp DireGfGF
�a-rcr-r
perr-eiyed threGf by Gn intruder eF unregistered guest.
PrGGess.
D. G erc� s Gre tG be RStrUGfed Gn the P GGed ire tG fGllGY,' if they eRGG1 infer rvn
first GIGy ref eeGh GGmpinn ceccir,n
Section II Timing of Paperwork Submission
A. All new camps and renewing camps shall submit a complete ,
iRGli diRg their Camp Administration Handbook, ,
by MeY 1-14 of each
year for review by the North Andover Health Department.
B. Immunization records, rs required in SeGti^n 111 shall be complete and ready
for review by the North Andover Health Department no less than ene " ' weeli
prior to the first day of camp.
C. Health records and physicals as required under 105 CMR 430.150 and 430.151
of the current Minimum Standards for Recreational Camps for Children (State
Sanitary Code: Chapter IV), shall also be complete and ready for review no
less than eRe " ' w prior to the first day of camp.
Section III Required Immunizations
A: For campers and staff under 18 years of age, the required immunizations shall
be in compliance with the current Massachusetts Immunization Requirements
for School Entry.
Gf iMM RiZGtinR
B. For campers and staff 18 years of age and older the FeGlYiFeMeRfS shGII be iR
ReGFeGfiGRGI .- MPS feF Chirdr.rrce-R (StGte CGRitGr\/ GGde. (^hGpfer 14
Section IV Additional Fees
A. If a re-inspection is required for any reason, an additional fee will be incurred at
that time per the current fee schedule.
Section V Severability
B. So far as the Board of Health may provide each section of these Rules and
Regulations shall be construed as separate to the end that if any section,
sentence, clause, or phrase shall be held invalid for any reason, the remainder
of the Rules and Regulations shall continue in full force.
BOARD OF HEALTH - 2020 Community&r Economic Development
' e� 1"�'tirr • HEALTH DEPARTMENT
MEETING SCHEDULE 120 Main Street
North Andover.MA 01845
TOWN OF NORTH ANDOVER,
MASSACHUSETTS
MEETING TIME& MEETING AGENDA
MEETING DATE LOCATION DEADLINE
All meeting dates are held on the unless otherwise indicated,all All requests to be on the agenda
Ire Thursday of each month at meetings will be held in the must be submitted
7:00p.m.,unless otherwise notified.* Second Floor Selectman's IN WRITING-10 business
Meeting Room at Town days prior to the meeting date.
BAH,120 Main Street See dates indicated below.
January 23,2020 See above January 8,2020
February 27,2020 See above February 12,2020
March 26,2020 See above March 12,2020
April 23,2020 See above April 9,2020
May 28,2020 See above May 13,2020
June 25,2020 See above June 11,2020
July 23,2020 See above July 9,2020
August 27,2020 See above August 13,2020
September 24,2020 See above September 10,2020
October 22,2020 See above October 7,2020
'November 19,2020 See above November 4,2020
*'December 17,2020 See above December 3,2020
**Please note that the regular monthly meetings of the Board of Health will be held at the Selectmen's MeetingRoom at 120 Main
Street. Due to unforeseen scheduling conflicts,it may be possible that the meeting location will change. In the event of a meeting
location change,a notice will be posted on the Town of North Andover Website under the Municipal Calendar Section and Public
Notice Section. Please check with the Health Dept.Assistant at:978.688.9540 or e-mail at:healthdent@northandoverma.gov if you
have any questions.
12/2/2019 Town of North Andover Mail-TBI Temporary Operations Approval
NORTH ANDOVER
Massachusetts Toni Wolfenden <twolfenden@northandoverma.gov>
TBI Temporary Operations Approval
1 message
Brian LaGrasse <blagrasse@northan dove rma.gov> Wed, Nov 27, 2019 at 1:55 PM
To: Jeff Thomson <jthomson@tbi-recycling.com>, Stephen Casey<scasey@northandoverma.gov>, Frank MacMillan
<fmacmi Ilan @northandoverma.gov>, Patrick Scanlon <pscan Ion @north andoverma.gov>, Joe McCarthy
<joemccvam@comcast.net>, Michelle Davis <mbdavis@northandoverma.gov>, Daphnee Alva
<dalva@northandoverma.gov>, Toni Wolfenden <tolfenden@northandoverma.gov>, Caroline Ibbitson
<cibbitson@northandoverma.gov>
Hi Jeff, I emailed with the Board and sent them the letter you submitted for the last meeting. The Board will
allow temporary operations as stated in the letter you submitted to begin when you are ready to operate and notify the
Health Department. The temporary operations are approved for one calendar year(11/2812019 through 11/28/2020).
Additional temporary operation approvals may be granted with Board approval. Temporary operations must comply with
the criteria stated in your letter and must protect the environment and public health. Let me know if you have any
questions or concerns.
Sincerely,
Brian
Brian J. LaGrasse, CEHT
Director of Public Health
Town of North Andover
120 Main Street
North Andover, MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email blagrasse@northandoverma.gov
Web www.northandoverma.gov
https:Hmail.google.com/mail/u/0?ik=aOc6f4e4cf&view=pt&search=all&permthid=thread-f%3A1651382340505189146&simpl=msg-f%3A165138234050... 1/1
•
D
D
Brian LaGrasse
Health Director
North Andover Board of Health
120 Main Street
North Andover, MA 01845
Brian and Members of the Board,
For the upcoming November Board of Health meeting TBI is hoping to discuss and get the endorsement
of the Board for our plan to Temporarily start to bring new material on site. Due to the facility fire in
August and the required dismantling of the building we are looking for a temporary operational
modification while a new building and full processing line can be installed. We are looking to stay within
the foot print of the existing approved waste handling area operating as more of a transfer station than
a C&D processing facility.
All incoming material will continue to cross the inbound/outbound scales and utilize the same internal
site traffic patterns without need of alteration. We would for safety reasons look to separate small non-
dumping trucks from larger trucks or trailers that have dumping bodies.
The small non-dumping trucks, pickups, and trailers we would send to one of the five fully covered
concrete commodity bunkers in the center section of the building.We would direct customer/resident
to an appropriate covered bunker based on the material composition.
The larger dumping trucks we would send to the east end of the building where we have(3)steel roofed
three sided concrete bunkers that have concrete walls that are over 30' in height.We would designate
one of the bunkers just for clean wood from trucks dumping wood loads and for wood that we kick-
sorted with excavator/manpower and have removed from mixed loads.The clean wood we would send
to another facility to have the wood chipped and sent along for reuse.We will designate a second
bunker for customer/resident loads that have a high fraction of non-recyclable materials where we can
again using excavator/manpower do a quick kick-sort of the material looking for recyclable materials to
remove.The third covered bunker is the largest of the three where we would look for
customers/residents with loads with a high fraction of recyclable material that we can do a more
thorough kick-sort with excavator/skid-steer/front end loader/manpower in order to remove the larger
recyclable materials from non-recyclable.
We have double stacked (80'x18')steel intermodal shipping containers in place of the loading bay end
wall with a good 5' of coverage above the top of the trailers.We have (18) 120 yard walking floor trailers
on site to store wood loads for further processing, material with recyclable content to be sent for
further recycling, and non-recyclable material for disposal. We have (2) Elgin sweepers on site to
continue to keep the site swept and will continue to police the site for any wind-blown material.With
reduced daily volume and the number of trailers on site there would be not stockpiling of material in the
bunkers and we could make sure that at the end of the day all of the bunkers are left empty.
Jeff Thomson
President
Thomson Brothers Industries,Inc.
210 Holt Road
North Andover,MA 0184 5
(978) 686-2020