Melrose Board of Health
Rules and Regulations Regarding Body Piercing
I. STATEMENT OF PURPOSE
Whereas body piercing is becoming prevalent and popular throughout the Commonwealth; and
whereas there are currently no state regulations for this practice; and whereas knowledge and
practice of universal precautions, sanitation, personal hygiene, sterilization and aftercare
requirements on the part of the operator/technicians should be demonstrated to prevent the
transmission of disease or injury to the client and/or operator/technician; now, therefore, the
Board of Health of the City of Melrose passes these regulations to regulate the practice of body
piercing in the City of Melrose as part of our mission to protect the public health, safety and
welfare of the people of Melrose.
II. AUTHORITY
These regulations are promulgated under the authority granted to the Melrose Board of Health
under Massachusetts General Law 111, section 31.
III. DEFINITIONS
For the purposes of these regulations, the following words shall have the meanings respectively
ascribed to them by this paragraph.
3.1 Aftercare: Written instructions given to the client, specific to the body piercing procedure(s)
rendered, on caring for the body piercing and surrounding area. These instructions will include
advice to the client to consult a physician or health care provider at the first sign of infection or
swelling and contain the name, address and phone number of the establishment where the
piercing was performed.. These instructions will be in english and the first language of the client.
3.2 Antiseptic: An agent that destroys disease causing microorganisms on the human skin or
mucosa.
3.3 Board: Melrose Board of Health
3.4 Body piercer: Any person who owns, controls, operates or manages any body piercing
establishment, whether actually performing the work of piercing or not.
3.5 Body piercing: The creation of an opening in the body of a human being for the purpose of
inserting non-reactive jewelry or other decoration. Puncturing the outer perimeter or lobe of the
ear using a presterilized single use stud and clasp ear piercing system shall not be included in this
definition.
1
3.6 Contaminated waste: Infectious or physically dangerous medical or biological 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.
3.7 Germicidal solution: Any solution which destroys germs and is so labeled.
3.8 Minor: Any person under the age of eighteen (18).
3.9 Operator/Technician: Any person who owns, controls, operates, conducts, practices or
manages any body piercing activities at a body piercing establishment, whether actually
performing the work of piercing or not. The term includes technicians who work under the
supervision of the operator and perform body piercing activities.
3.10 Permit: Written approval by the Melrose Board of Health to operate a body piercing
establishment or perform body piercing activities. Approval is given in accordance with these
regulations and is separate from any other licensing requirement that may exist within the City.
3.11 Person: Any person, firm, partnership, association, corporation, company, or organization
of any kind including but not limited to an owner, operator, manager, proprietor, or person in
charge of any building, establishment, business or the agents or designees of any of the
foregoing.
3.12 Physician: A person licensed by the Commonwealth of Massachusetts to practice medicine
in all its branches.
3.13 Sharps: Discarded medical articles that may cause puncture or cuts, including but not
limited to all used and discarded hypodermic needles and syringes, pasteur pipettes, broken
medical glassware, scalpel blades, disposable razors and suture needles.
3.14 Sharps container: A puncture-resistant, leak-proof container that can be closed for
handling, storage, transportation and disposal and is labeled with the International Biohazard
Symbol.
3.15 Temporary Body Piercing Establishment: Any place or premise operating at a fixed
location where an operator performs body piercing procedures for less than 14 days
consecutively in conjunction with a single event of celebration.
IV. PERMIT REQUIREMENTS
4.1 Establishment Permit
4.1.1 No person may operate a Body Piercing Establishment unless it has received a
Body Piercing Establishment Permit from the Board.
2
4.1.2 The Body Piercing Establishment Permit shall expire May 31 of each year unless
revoked sooner by the Board in accordance with Section XV.
4.1.3 The Body Piercing Establishment Permit shall not be transferable from one place
or person to another.
4.1.4 A current Body Piercing Establishment Permit shall be posted in a prominent and
conspicuous area where it may be readily observed upon entering the premises.
4.1.5 The holder of a Body Piercing Establishment shall hire only operators/technicians
who have received a Body Piercing Operator/Technician Permit from the Board.
4.1.6 The applicant shall submit a scale drawing and floor plan of the proposed
establishment for a plan review by the Board. The drawing and floor plan shall
show all information to show compliance with Section XI.
4.2 Operator/technician Permit
4.2.1 No person shall practice body piercing procedures, display a sign, or in any other
way advertise or purport to be a body piercer without first obtaining an operator
permit from the Board.
4.2.2 The permit shall expire on May 31 unless revoked sooner by the Board in
accordance with Section XV.
4.2.3 The application for the permit shall include:
Legal name
Home address
Home telephone
Social security number
Date of birth
Current place(s) of employment as an operator/technician
Requested place(s) of employment in Melrose as an operator/technician
Evidence in the form of a drivers license or passport or state identification card or
state/federal identification card that applicant is not less than eighteen years of
age
Completion of college courses or current certification in the following:
Basic First Aid
Health Care Provider CPR
Anatomy
Skin diseases, disorders and conditions (including diabetes)
Infectious disease control and blood borne pathogens such as the American
Red Cross’ “Preventing Disease Transmission”, OSHA’s “Bloodborne
Pathogen Training” or equivalent. Such knowledge shall include the
requirements of 29 CFR 19010.1030.
4.2.4 Signed statement that the applicant had completed or was offered and declined the
hepatitis b vaccination series. If the applicant had received any hepatitis
vaccination, written documentation of the vaccination is to be included.
V. TEMPORARY AND MOBILE ESTABLISHMENT PERMIT
No temporary or mobile piercing studios shall be permitted in the City of Melrose.
3
VI. EXEMPTIONS
6.1 Physicians licensed by the Commonwealth of Massachusetts, who perform either
independent of or in connection with body piercing procedures as part of patient treatment
are exempt from these regulations.
6.2 Individuals who pierce only the outer perimeter and lobe of the ear using a pre-sterilized
single use stud and clasp ear piercing system are exempt from these regulations. Individuals
who use ear piercing system are exempt from these regulations. Individuals who use ear
piercing systems must conform to the manufacturer’s directions on use and applicable U.S.
Food and Drug Administration requirements
VII. BODY PIERCING OPERATOR/TECHNICIAN REQUIREMENTS AND
PROFESSIONAL STANDARDS
7.1 Operators/technicians must be a minimum of eighteen years of age.
7.2 Smoking, eating, or drinking by anyone is prohibited in the area where body piercing is
performed.
7.2 Operators/technicians shall refuse service to any person who, in the opinion of the
operator/technician is under the influence of alcohol or drugs.
7.3 No person shall perform any body piercing procedure upon a minor without the presence,
written consent and proper identification of a parent, legal custodial parent or legal guardian.
Nothing in this section is intended to require an operator/technician to perform any body
piercing procedure on a minor with parental or guardian consent.
7.4 No piercing of genitalia of minors shall be allowed.
7.5 No piercing of animals shall be allowed.
7.6 The operator/technician shall not be under the influence of any substance, legal or illegal,
which might impair their judgement or ability to properly perform body piecing.
7.7 All infections, complications or diseases resulting from any body piercing procedure which
become known to the operator/technician shall be reported to the Board by the
operator/technician within 24 hours of his/her notification.
VIII. PROHIBITIONS
The following acts are prohibited:
8.1 Performing body piercing on any part of a minor without the presence, written consent and
proper identification of a parent, legal custodial parent or legal guardian. This consent is to
be given in person to the operator/technician at the facility by the parent or legal guardian at
the time the body piercing is to commence. Photographic identification of the parent or legal
guardian is required.
8.2 Performing body piercing on a person who, in the opinion of the operator is inebriated or
appears to be under the influence of alcohol or drugs.
8.3 Owning, operating or soliciting business as a Body Piercing Establishment or
Operator/technician without first obtaining all necessary permits and approvals from the
Board, unless specifically exempted by these regulations.
4
8.4 Obtaining or attempting to obtain any Body Piercing Establishment or Operator/Technician
Permit by means for fraud, misrepresentation or concealment.
IX. GENERAL OPERATING PROCEDURES
9.1 Pre-procedural consultation to discuss body piercing, its risks and potential complications
shall be required with each client. An informed consent form shall be signed by all clients.
Clients shall be supplied a copy of the consent form and the consent form shall be kept on
file by the operator/technician. The informed consent form shall include a statement that they
should consult prior to piercing with their physician or healthcare provider regarding any
medical conditions which could be exacerbated by the piercing procedure.
9.2 Before beginning body piercing, all business transactions including the consent forms shall
be completed.
9.3 Client and operator/technician shall have appropriate size and quality jewelry chosen before
the procedure begins. Only appropriate jewelry should be used including those made of
implant grade, high quality surgical stainless steel (316 E series), solid 14k or 18k gold,
niobium, titanium, platinum. Appropriate jewelry has no nicks, scratches, or irregular
surfaces which might endanger the tissues. Ear studs or other jewelry designed for earlobe
piercing are not appropriate jewelry for other body parts and must not be used.
9.4 The operator/technician shall maintain a high degree of personal cleanliness, conform to
hygienic practices and wear clean clothes when performing body piercing procedures.
Before performing body piercing procedures, the operator/technician must thoroughly wash
their hands, wrists and up to elbows in hot running water with liquid soap, then rinse hands
and dry with disposable paper towels or air dry under a heat dryer. This shall be done as
often as necessary to remove contaminants.
9.5 The skin of operator/technician shall be free of rash or infection. No person affected with
boils, infected wounds, open sores, abrasions, keloids, weeping dermatological lesions or
acute respiratory infection shall work in any area of a body piercing establishment in any
capacity in which there is a liklihood that they could contaminate body piercing equipment,
supplies, or working surfaces with body substances or pathogenic organisms.
9.6 In performing body piercing, the operator/technician shall wear disposable medical gloves.
Gloves must be changed if they become contaminated by contact with any non-clean surfaces
or objects or contact with a third person. At a minimum the gloves shall be discarded after
the completion of each procedure on an individual client and hands washed prior to donning
the next set of gloves. Under no circumstances shall a single pair of gloves be used on more
than one person. The use of disposable medical gloves does not preclude or substitute for
hand washing procedures as part of a good personnel hygiene program.
9.7 Any skin or mucosa surface to receive a body piercing procedure shall be free of any visible
infection.
9.8 If, while performing a body piercing procedures the operator’s/technician’s glove is pierced,
torn or otherwise contaminated, the procedure in Section 8.4 shall be repeated immediately.
The contaminated gloves shall be immediately discarded and the hands washed thoroughly
before a fresh pair of gloves are applied. Any item or instrument used for body piercing
which is contaminated during the procedure shall be discarded and replaced immediately
5
with a new disposable item, or a new sterilized instrument or item before the procedure
resumes.
9.9 Operators/technicians shall set up equipment in front of client. Sealed autoclave bags
containing any equipment required to be sterile, shall be opened in front of the client, and the
autoclave bag discarded. All jewelry contaminated with only airborne pathogens (not
previously worn or contaminated) shall be disinfected with a non-hazardous hard-surface
disinfectant approved by the EPA. All jewelry contaminated or potentially contaminated
with blood borne pathogens shall be autoclaved, stored in sterile indicator bags, sealed and
dated. When assembling instruments used for performing body piercing, the
operator/technician shall war disposable medical gloves and use medically recognized
techniques to ensure that the instruments and gloves are not contaminated.
9.10 Single use items shall be used on only one client at one sitting. After use, all single use
sharps shall be immediately disposed of in approved sharps containers.
9.11 All forceps, tubes, etc. must be pre-sterilized, stored in sterile indicator bags, sealed and
dated, used on one person in one sitting. After one such use, they must be autoclaved
and stored in sterile indicator bags, sealed and dated.
9.12 Verbal and written aftercare instructions shall be provided to each client upon completion
of the procedure(s). These instructions shall be signed and dated by both parties, with a copy
given to the client and the original kept with all other required client records. These
instructions will be in the first language of the client.
X. SANITATION AND STERIZATION PROCEDURES
10.1 All non-single use, non-disposable instruments used for body piercing shall be cleaned
thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and
hot water or follow the manufacturer’s instructions to remove blood and tissue residue, and
placed in an ultrasonic unit which will also be operated in accordance with manufacturer’s
instructions.
10.2 After cleaning, all non-disposable instruments used for body piercing shall be packed
individually in peel-packs and subsequently sterilized (see 9.3). All peel-packs shall
contain either a sterilizer indicator or internal temperature indicator. Peel packs must be
dated with an expiration date not to exceed six (6) months.
10.3 All cleaned, non-disposable instruments used for body piercing shall be sterilized in a
steam autoclave or dry heat sterilizer (if approved by the Board). The sterilizer shall be
used, cleaned and maintained according to manufacturer’s instruction. A copy of the
manufacturer’s recommended procedures for the operation of their sterilization unit must be
available for inspection by the Board. Sterile equipment may not be used if the package has
been breached or after the expiration date without first repackaging and resterilizing.
Sterilizers shall be located away from work stations or areas frequented by the public. If the
body piercing establishment uses all single use, disposable instruments and products, and
utilizes sterile supplies, an autoclave shall not be required.
10.4 Each holder of a Body Piercing Establishment Permit shall demonstrate that the sterilizer
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 the documentation of the sterilizer’s ability to destroy spores is received by
the Board. These test records shall be retained by the permittee for a period of three (3)
6
years and made available to the Board upon request.
XI REQUIREMENTS FOR PREMISES
11.1 All walls, floors, ceilings and all procedure surfaces of the Body Piercing Establishment
shall be smooth, free of open holes or cracks, light-colored, washable and in good repair.
Walls, floor 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 Body Piercing Establishments shall be completely separated
by solid partitions or by walls extending from floor to ceiling, from any room used for
human habitation, a food establishment or room where food is prepared, a hair salon, retail
sales, or other such activity which may cause potential contamination of work surfaces.
11.2Effective measures shall be taken by the permittee to protect the establishment from the
breeding or presence on the premises of insects, vermin and rodents. Insects, vermin and
rodents shall not be present in any part of the establishment, its appurtenances or
appertaining premises.
11.3There shall be a minimum of forty-five (45) square feet of floor space for each
Operator/technician in the establishment. Each establishment shall have an area which may
be screened from public view for clients requesting privacy. Multiple body piercing stations
shall be separated by dividers, curtains or partitions, at a minimum.
11.4The establishment shall be well-ventilated and provided with an artificial light source
equivalent to at least twenty (20) foot candles three (3) feet off the floor, except that at least
100 foot candles shall be provided at the level where the body piercing procedure is being
performed, and where instruments and sharps are assembled.
11.5No animals of any kind shall be allowed except service animals used by persons with
disabilities. Fish aquariums shall be allowed in waiting rooms and non-procedural areas.
11.6A separate, readily accessible, handsink with hot and cold running water, under pressure,
equipped with a wrist or foot operated control and supplied with liquid soap and disposable
paper towels shall be readily accessible at the procedure areas. In addition, there shall be a
minimum of one lavatory, excluding any service and handwashing sinks, and one toilet in
the establishment.
11.7At least one covered waste receptacle shall be provided in each procedure area and toilet
room. Receptacles in the procedure area(s) shall be emptied daily and solid waste shall be
removed from the premises at least weekly. All refuse containers shall be lidded, cleanable
and kept clean.
11.8 All instruments and supplies shall be stored in clean, dry and covered containers.
11.9 Resuable 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.
XII. RECORDS
12.1The following information shall be kept on file on the premises of the Body Piercing
Establishment and make available for inspection:
12.1.a. Owner’s name, address and telephone number
7
12.1.b. Operator/technician personnel records including their full legal name, date of birth,
gender, home address home telephone number, identification photo, exact duties.
12.1.c. A complete description of all body piercing procedures performed
12.1.d. An inventory of all instruments, body jewelry, and all sharps including names of
manufacturers and serial or lot numbers, if applicable. Invoices or orders shall satisfy this
requirement.
12.1.e. All client records including the name, date of birth, and address of the client, the
date and time of the procedure, name of operator who performed the procedure(s), type and
location of procedure performed, signature of client and, if the client is a minor, proof of
parental or guardian presence and consent
12.2 All records shall be retained for a minimum of three (3) years and available to the
Board upon request.
12.3 The Board and the Body Piercing Establishment shall keep all client records
confidential.
12.4 In order for the operator/technician to properly evaluate the client’s medical condition
for receiving a body piercing procedure and not violate the client’s rights or confidential
medical information, the following information shall be signed by the client before any
body piercing procedure:
“In order for proper healing of your body piercing procedure, we ask that you disclose if you
have or have had any of the following conditions:
Diabetes;
History of hemophilia (bleeding);
History of skin diseases, skin lesions or skin sensitivities to gold, soaps, disinfectants, etc;
History of epilepsy, seizures, fainting or narcolepsy;
Taking medications such as anticoagulants which thin the blood and/or interferes with blood
clotting, such as, but not limited to, aspirin.
Please let the operator/technician know any other information that would help in your body
piercing healing process.
_______________________________ _____________________
Signature Date
________________________________
Printed name
9.13 These instructions will be in english and the first language of the client.
XIII. FEES
The Board of Health shall set a reasonable fee for the Body Piercing Establishment Permit and
the Body Piercer Operator/Technician Permit. The fee shall not be prorated with the exception
of a May application in which case the fee is waived for that license year.
8
XIV. ENFORCEMENT
14.1A representative of the Board shall properly identify him or herself when entering a Body
Piercing Establishment to make an inspection. Such an inspection shall be done a
minimum of one time per twelve months or as often as necessary through out the year to
ensure compliance with these regulations.
14.2It is unlawful for any person to interfere with the Board or its representative in the
performance of its duties.
14.3If, after an inspection, the Board should find that a permittee is in violation of these
regulations, the Board will advise the permittee in writing of its findings and instruct the
permittee to take specific steps to correct such violations within a period of time not to
exceed thirty (30) days.
14.4If the Board has reasonable cause to suspect that a communicable disease is, or may be
transmitted by any operator/techinician, use of unapproved or malfunctioning equipment,
or unsanitary or unsafe conditions which may adversely impact the health of the public,
upon written notice to the owner and operator, the Board may do any or all of the following:
a) Issue an order excluding any or all operators/technicians from the permitted Body
Piercing Establishment who are responsible, or appear responsible, for the transmission of a
communicable disease until the Board determines there is no further risk to public health
b) Issue an order to immediately suspend the permit of the licensed establishment
until the Board determines there is no further risk to the public health. Such an order shall
state the cause for the action.
XV. SUSPENSION OR REVOCATION OF PERMIT
15.1 Permits issued under the provisions of these regulations may be suspending temporarily by
the Board for failure of the holder to comply with the requirements of these regulations.
15.2 Whenever a permit holder has failed to comply with any notice issued under the provisions
of these regulations, the operator/technician must be notified in writing that the permit is,
upon service of this notice, immediately suspended. The notice must also contain a
statement informing the permit holder that an opportunity for a hearing will be provided if a
written request for a hearing is filed with the Board with ten (10) business days following
receipt.
15.3 Any person whose permit has been suspended may, at any time, make application for
reinstatement of the permit. Within ten (10) business days following receipt of a written
request, including a statement signed by the applicant that in his/her opinion the conditions
causing the suspension have been corrected, the Board shall reinspect the establishment or
evaluate documentation provided by the person. If the applicant is in compliance with the
provisions of these regulations, the permit will be reinstated.
15.4 For repeated or serious (any infraction that threatens the health of the client or
Operator/technician) violations of any of the requirements of these regulations or for
interference with Board personnel in the performance of their duties, its permit may be
permanently revoked after a hearing. Before taking such action, the Board shall notify the
permit holder in writing, stating the reasons for which the permit is subject to revocation
and advising the permit holder of the requirements for filing a request for a hearing. A
permit may be suspended for cause, pending its revocation or hearing relative thereto.
9
15.5 The Board may permanently revoke a permit after ten (10) days following service of the
notice unless a request for a hearing is filed within the ten (10) day period with the Board by
the permit holder.
15.6 Based upon the record of the hearing, the Board shall make a finding and may sustain,,
modify or rescind any official notice or order considered in the hearing. A written report of
the hearing decision must be furnished to the permit holder by the Board.
XVI SEVERABILITY
If any paragraph or provision of this regulation is found to be illegal or unconstitutional, it shall
not affect the legality of any remaining paragraphs or provisions being in force. Toward that end,
the provisions of these regulations are declared to be severable.
XVII. EFFECTIVE DATE
These regulations shall be effective as of January 1, 2000.
For the Melrose Board of Health,
___________________________ _______________________________
Peter M Reveno, MD date
Chairmen
Public hearing notice published in Melrose Free Press November 18, 1999
Public Hearing December 1, 1999
Summary of regulations published in Melrose Free Press December 9, 1999
Certified copy sent to MDEP December 6, 1999
10