Selectmen approve regulations for body art establishments
Date: 11/12/2012
By Chris Maza
chrism@thereminder.comEAST LONGMEADOW — The Board of Selectmen, acting as the Board of Health, voted to approve regulations for the operation of body art establishments in town.
The 21-page list of regulations defines and outlines the proper operation and licensing for body art businesses as well as the procedures and penalties relating to violations.
Health Inspector Fred Kowal told the board at its Nov. 1 meeting that because a Massachusetts Superior Court had ruled that the restriction of such establishments was in violation of the First Amendment, the town would need the regulations in the event that a shop specializing in tattoos and other body adornments were to express interest in moving into town.
On Oct. 20, 2000 in the case in question — Stephan A. Lanphear and another (John Parkinson) versus the Commonwealth of Massachusetts — Suffolk County Superior Court Justice Barbara J. Rouse decided in favor of Lanphear and Parkinson, who argued for the voiding of Massachusetts General Law Chapter 265 Section 23[2], which stated, "Whoever, not being registered as a qualified physician ... marks the body of any person by means of tattooing, shall be punished by a fine of not more than $300 or by imprisonment for not more than one year, or both."
Kowal further explained that upon this ruling, Massachusetts did not take measures to create a statewide regulatory system for body art establishments, instead leaving it to individual towns to make decisions regarding regulations.
"At that time, the state did not adopt regulations, but they provided us with very good model regulations for our review and scrutiny and revision," he said. "Myself and Town Counsel [James Donahue] have reviewed these and we feel we've created a set of regulations that provide maximum protection for the health of the community and people who are clients of this establishment."
Kowal and board members James Driscoll and Paul Federici also discussed the recent Town Meeting vote against an article brought forth by the Planning Board that proposed the by-right usage of commercial property for body art establishments, but restricted them to areas outside of a 500-foot radius of a public or charter school or a church.
Kowal warned that despite the failure of this article, state law still might allow body art establishments to move into East Longmeadow.
"I've contacted Boston and there's never been a problem once the Board of Health sets in place regulations and an inspection program with direct oversight, they've been allowed everywhere that they've applied," he said.
Federici said that it was his belief that the article was not designed to determine whether or not the businesses could operate, but rather where they could operate.
"We've got the regulations for how they operate," Federici said, referring to the Board of Health regulations. "The Planning Board was trying to regulate where they are in the town, nothing to do with their actual operation. "
The new regulations explicitly prohibit the tattooing, piercing of genitalia, branding or scarification on minors. Piercing of any other part of the body may be performed on a minor, but only if that minor is accompanied by "a properly identified parent, legal custodial parent or legal guardian" who signs a consent form.
Body art establishments would be required under their permit to operate from the Board of Health to keep a minimum of three years' worth of records that could be made readily available to the Board of Health.
Among the information required by the board would be the establishment's name and hours of operation, the owner's name and home address, a complete description of all procedures offered by the business and an inventory of all equipment.
The businesses would also be required to provide the full names, dates of birth, home addresses and phone numbers of all employees. Names, dates of birth and addresses of clients, as well as the description of all work done, consent forms signed by the client and proof of guardianship for any procedure on a minor would also be required.
All client information would be confidential.
The regulations outline specific procedures for the sterilization of non-disposable equipment and disposal of single-use instruments.
The regulations also include two pages of parameters regarding the shop's physical plant, including requirements regarding space, lighting, partitions, sinks, restrooms and storage.
Violation of the regulations could result in the suspension of the business' permit and a $200 fine per offense. Each day that the violation continues would be considered a separate offense subject to an additional $200 fine.
In the event of the suspension of a permit, the owner of the establishment in question would have 15 days file a request for a hearing and the Board of Health would then be required to hold a heading within 21 days of the appeal.
The regulations do not apply to licensed physicians who perform body art procedures as part of a patient's treatment in accordance with MGL Chapter 112 Section 2 or those who pierce ear lobes with a "single-use stud-and-clasp ear-piercing system."
