|
New Jersey Statutes
TITLE 26 HEALTH AND VITAL STATISTICS
CHAPTER 1A STATE DEPARTMENT OF HEALTH-REORGANIZED
ARTICLE III. POWERS AND DUTIES OF PUBLIC HEALTH COUNCIL
26:1A-7. State Sanitary Code
7. The Public Health Council shall have power, by the affirmative
vote of a majority of all its members, to establish, and from time
to time amend and repeal, such reasonable sanitary regulations not
inconsistent with the provisions of this act or the provisions of
any other law of this State as may be necessary properly to preserve
and improve the public health in this State. The regulations so
established shall be called the State Sanitary Code.
The State Sanitary Code may cover any subject affecting public
health, or the preservation and improvement of public health and
the prevention of disease in the State of New Jersey, including
the immunization against disease of all school children in the State
of New Jersey. In addition thereto, and not in limitation thereof,
said State Sanitary Code may contain sanitary regulations: (a) prohibiting
nuisances hazardous to human health; (b)(deleted by amendment)(c)
regulating the use of privies and cesspools; (d) regulating the
disposition of excremental matter; (e) regulating the control of
fly and mosquito breeding places; (f) regulating the detection,
reporting, prevention and control of communicable and preventable
diseases; (g) regulating the conduct of public funerals; (h) regulating
the conduct of boarding homes for children; (i) regulating the conduct
of maternity homes and the care of maternity and infant patients
therein; (j) regulating the conduct of camps; (k)(Deleted by amendment,
P.L. 1987, c. 302) (l) regulating the preparation, handling, transportation,
burial or other disposal, disinterment and reburial of dead human
bodies; (m) prescribing standards of cleanliness for public eating
rooms and restaurants; (n) regulating the conduct of tattoo>
parlors; (o) regulating the conduct of body piercing; and (p) regulating
the conduct of cosmetic <tattooing.
Prior to the final adoption by the council of any sanitary regulation
or amendment thereto or repealer thereof the council shall hold
a public hearing thereon. The council shall cause to be published,
at least once, not less than 15 days prior to such hearing, in each
of the counties of the State in a newspaper published in each of
said counties, or if no newspaper be published in any such county,
then in a newspaper circulated in such county, a notice of such
hearing, specifying the time when and the place where such hearing
will be held, together with a
brief summary of the proposed regulation, amendment or repealer
and a statement that copies of the text thereof may be obtained
from the State Commissioner of Health and Senior Services or from
the board of health of any municipality in the State. The State
Department of Health and Senior Services shall prepare and make
available on request thereof, copies of the text of such proposed
regulations and changes therein in the manner described in such
public notice.
L. 1947, c. 177, §§ 7; amended 1953, c. 165, §§
1; 1974, c. 150, §§ 1; 1977, c. 224, §§ 12;
1987, c. 302, §§ 1; 1997, c. 326.
New Jersey Statutes
TITLE 2C THE NEW JERSEY CODE OF CRIMINAL JUSTICE
SUBTITLE 2 DEFINITION OF SPECIFIC OFFENSES
CHAPTER 40. OTHER OFFENSES RELATING TO PUBLIC SAFETY.
2C:40-21. Tattooing> of a minor; parental permission, required
1. A person commits a disorderly persons offense if he knowingly
<tattoos or engages in body piercing of a minor under the age
of 18 years without first having obtained the written permission
of the minor's parent or legal guardian or, if neither exists, a
person who stands in place of a parent.
L. 2001, c. 190.
New Jersey Statutes
TITLE 26 HEALTH AND VITAL STATISTICS
CHAPTER 2T. HEPATITIS C
26:2T-2. Written guidance for screening, diagnosis
2. The Commissioner of Health and Senior Services shall provide
written guidance regarding screening for the hepatitis C virus to
licensed physicians and public health officers which reflects current
and accepted standards of medical and public health practice, consistent
with the recommendations of the federal Centers for Disease Control
and Prevention, and encourages appropriate screening and diagnosis
of all persons at high risk for hepatitis C infection as defined
by the federal centers, including, but not limited to:
(1)veterans of the United States armed forces;
(2)women who underwent a caesarian section or a premature delivery
prior to 1990;
(3)persons who received blood or blood products prior to 1992;
(4)persons who received an organ or tissue transplant prior to
1990;
(5)persons who have received invasive cosmetic procedures, including
body piercing and tattooing;
(6)persons who have a history of multiple sexually transmitted
diseases or multiple partners;
(7)persons with a history of intravenous drug use; and (8)such
other categories of persons at high risk for hepatitis C infection
as may be determined by the commissioner.
L. 1998, c. 116, §§ 2.
NEW JERSEY ADMINISTRATIVE CODE
Copyright (c) 2002 by the New Jersey Office of Administrative Law
*** THIS FILE INCLUDES ALL REGULATIONS PUBLISHED THROUGH THE ***
*** NEW JERSEY REGISTER, VOL. 34, NO. 11, JUNE 3, 2002 ***
TITLE 8. DEPARTMENT OF HEALTH AND SENIOR SERVICES
CHAPTER 27. BODY ART PROCEDURES
SUBCHAPTER 8. PERMANENT COSMETICS
@ 8:27-8.1 Training
(a) The practitioner shall have completed a 40-hour training program
approved by the Society of Permanent Cosmetic Professionals or the
International
Micropigmentation Association, prior to being certified and shall
submit a
minimum of one photograph whereby the practitioner has personally
performed
one complete procedure for each of the following areas:
1. Eye brow simulation;
2. Lip liner;
3. Full lip color; and
4. Eye liner/eyelash enhancer.
(b) The practitioner shall be certified by the American Academy
of
Micropigmentation by February 19, 2004.
(c) A practitioner performing areola restoration shall have completed
a
minimum eight hour training program approved by the Society of Permanent
Cosmetic Professionals or the International Micropigmentation Association.
(d) A practitioner shall have two years of experience prior to
performing
camouflage repairs.
1. Pigment removal shall be done by or under the immediate supervision
of
a physician.
2. All pigment removal solutions shall be labeled with ingredients,
including percentages of active ingredients, pH, preservatives and
directions for use.
(e) An apprentice shall have completed a 40-hour training program
approved by the Society of Permanent Cosmetic Professionals or the
International
Micropigmentation Association, and shall perform under the direct
supervision of a practitioner a minimum of five of each of the following
procedures:
1. Eye brow simulation;
2. Lip liner;
3. Full lip color; and
4. Eye liner/eyelash enhancer.
(f) Client records shall be maintained by the operator to verify
that the
minimum requirements for the procedures were completed by the apprentice.
@ 8:27-8.6 After care
(a) After care shall be administered to each client following the
micropigmentation. After care shall consist of both verbal and written
instructions concerning proper care of the area. A copy of the written
after
care instructions shall be signed by the client and kept on file
with the
clients records. Instructions shall specify at a minimum:
1. Responsibilities and care specific to the site of the
micropigmentation following service;
2. Possible side effects;
3. Information regarding any physical, cosmetic or other restrictions;
5. Instructions to consult a physician if infection occurs.
@ 8:27-1.3 Definitions
The following words and terms, as used in this chapter, shall have
the
following meanings, unless the context clearly indicates otherwise.
"Acceptable" means satisfactory or adequate; fulfilling
the needs or
requirements of a specified rule.
"After care" means written instructions given to the
client, specific to
the body art procedure(s) rendered, on caring for the body art and
surrounding
area. These instructions shall include information on when it is
necessary to seek
medical treatment.
"American Conference of Governmental Industrial Hygienists"
(ACGIH) means
that private nonprofit organization which, for the purposes of this
chapter,
provides technical materials and expertise and is located at 1330
Kemper
Meadow Drive, Cincinnati, Ohio 45240.
"Antiseptic" means an agent that destroys disease causing
microorganisms
on human skin or mucosa.
"Apprentice" means any person that performs the art of
tattooing,
permanent cosmetics and/or body piercing under the direct supervision
of a
practitioner in order to learn body art procedures.
"Approved" means written acceptance by the New Jersey
State Department of
Health and Senior Services.
"Biological indicator" means a standardized viable population
of
microorganisms known to be resistant to the mode of sterilization
being
monitored.
"Body art" means the practice of physical body adornment
in permitted
establishments by operators utilizing, but not limited to, the following
techniques:
1. Body piercing;
2. Tattooing; and
3. Permanent cosmetics.
"Body art establishment" means any place or premises,
whether public or
private, temporary or permanent in nature or location, where the
practices
of body art, whether or not for profit, are performed.
"Body piercing" means puncturing or penetration of the
skin of a person
using pre-sterilized single use needles and the insertion of pre-sterilized
or
disinfected jewelry or other adornment thereto in the opening.
"Branding" means scarification through the application
of a heated
material (usually metal) to the skin, creating a serious burn which
eventually
results in a scar.
"Camouflage" means the application of pigment into skin
altered by scars,
pigment loss or color abnormalities of the skin so as to make the
area
appear to be part of the natural, surrounding skin. Examples include
treatment of
patients with scars from hair transplants, accidents, face lifts,
breast reduction,
as well as pigment abnormalities including vitiligo.
"Chemical integrator" means a chemical or physical device
designed to
provide an integrated response to various defined combinations of
temperature, time,
and the presence of steam.
"Clean" or "cleanliness" means the absence
of soil and dirt.
"Communicable diseases" means diseases or conditions
diagnosed by a
licensed physician as being contagious or transmissible which include,
but are not
limited to, the following:
1. Chickenpox;
2. Diphtheria;
3. Measles;
4. Meningococcal disease;
5. Mumps;
6. Pertussis (whooping cough);
7. Plague;
8. Rubella;
9. Scabies;
10. Staphylococcal skin infection (boils, infected wounds);
11. Streptococcal infections (strep throat);
12. Tine (ring worm); and
13. Tuberculosis.
"Contaminated waste" means any liquid or semi-liquid
blood or other
potentially infectious materials; contaminated items that would
release
blood or other potentially infectious materials in a liquid or semi-liquid
state if
compressed; items that are caked with dried blood or other potentially
infectious materials and are capable of releasing these materials
during
handling; sharps and any wastes containing blood and other potentially
infectious materials, as defined, N.J.A.C. 7:26-3A.
"Cutting" means a design cut into the skin or other soft
tissue using a
sharp blade, leaving a scar. Often the design is immediately rubbed
with ink
leaving a colored scar.
"Disinfection" means the destruction of disease-causing
microorganisms on
inanimate objects or surfaces, thereby rendering these objects safe
for use
or handling.
"Ear piercing" means the puncturing of ear lobe and the
trailing edge of
the ear using a pre-sterilized single use stud and clasp ear piercing
system
following manufacturer's instructions.
"Emancipated minor" means a person under 18 years of
age that has been
freed from the legal authority, care, custody, and control of another
by the
effect of a written law or court order.
"Equipment" means all machinery, including fixtures,
containers, vessels,
tools, devices, implements, furniture, display and storage areas,
sinks and
all other apparatus and appurtenances, used in connection with the
operation of
a body art establishment.
"Establishment" means a physical place of business, permanent
in nature,
and includes all areas used by a body art technician and clients,
including, but
not limited to, treatment areas and waiting/reception area.
"Hand-sink" means a fixture equipped with hot and cold
running water
under pressure, used solely for washing hands, arms or other portions
of the body.
"Health authority" means a Registered Environmental Health
Specialist or
Health Officer representing the New Jersey Department of Health
and Senior
Services or the local health department.
"High level disinfection" means a process that kills
vegetative bacteria,
tubercle bacillus, fungi, lipid and non-lipid viruses and bacterial
spores.
"Hot water" means water which attains and maintains a
temperature between
95 degrees and 110 degrees Fahrenheit.
"Implant" means any object implanted fully under the
skin.
"Instruments" means body art equipment. Such equipment
includes, but is
not limited to, hand pieces, piercing needles, needle bars, insertion
tapers,
forceps, hemostats, tweezers, or other implements used to pierce,
puncture
or be inserted into any part of the human body for the intended
purpose of making
a permanent hole; or may come in contact with a client's body or
possible
exposure to bodily fluids during body art procedures. Such equipment
also includes
studs, hoops, rings or other decorative jewelry, materials or apparatuses
inserted
in any part of the human body for the intended purpose of placement
in the hole
resulting from piercing.
"Invasive" means entry into the body either by incision
or insertion of
an instrument into or through the skin or mucosa, or by any other
means
intended to puncture, break or compromise the skin or mucosa.
"Jewelry" means any personal ornament inserted into a
newly pierced area,
and may be made of surgical implant grade stainless steel, solid
14 karat or 18
karat white or yellow gold, niobium, titanium, platinum, glass or
a dense,
low-porosity plastic.
"Legal guardian" means an individual who, by legal appointment
or by the
effect of a written law, has been given custody of a minor or adult.
"Lip" means either of the two fleshly parts or folds
that surround the
mouth or oral cavity and are used for human speech.
"Low level disinfectant" means a process that kills most
vegetative
bacteria, some fungi, and some viruses, but cannot be relied on
to kill resistant
microorganisms such as mycobacteria or bacteria spores.
"Medical grade gloves" means a Food and Drug Administration
(FDA) Class I
medical device made of natural rubber, vinyl or synthetic material
(that is,
neoprene, polyvinyl chloride, styrene butadiene) that is worn to
prevent
contamination between client and practitioner.
"Needle building" means a process of assembling steel
needles from a
loose pack into bundles or arrangements. The needles are then attached
to a
stainless steel bar.
"Operator" means and includes the owner or the owner's
designee having
ownership, control or custody of any place of business or employment
and who
manages the day-to-day operations of the body art establishment.
"Permanent cosmetics," "micropigmentation"
or "dermal pigmentation" means
the implanting of inert pigments, colors, and/or dyes intradermally
which
results in permanent alteration of tissue to gain a cosmetic effect.
"Permit" means written approval by the health authority
to operate a body
art establishment. Approval is given in accordance with this chapter
and is
separate from any other licensing requirement that may exist within
communities or
political subdivisions comprising the jurisdiction.
"Person" means one or more individuals, legal representatives,
partnerships,joint ventures, associations, corporations (whether
or not organized for
profit), business trusts, or any organized group of persons.
"Physician" means a person who is licensed by the State
Board of Medical
Examiners to practice medicine, pursuant to N.J.S.A. 45:9-1, 26:1A-9
et seq.
"Piercing instrument" means a hand-held tool manufactured
exclusively for
piercing the earlobe, or trailing edge of the ear, into which studs
and
clutches are placed and inserted into the earlobe by a hand-squeezed
or spring loaded
action to create a permanent hole. The tool is made of plastic,
stainless
steel or other material that is able to be disinfected.
"Practitioner" means any person that performs the act
of tattooing,
permanent cosmetics and/or ear and body piercing.
"Premises" means the entire building or structure within
which body art
services are provided.
"Processing equipment" means mechanical devices used
for the cleaning and
sterilization of instruments used for body art, such as ultrasonic
cleaners
and steam sterilization units.
"Procedure surface" means any surface of an inanimate
object that contacts the client's unclothed body during a body art
procedure, skin preparation of the area adjacent to and including
the site of the body art procedure or any associated work area which
may require sanitizing.
"Separate area" means an area away from public access
and viewing,
isolated from a reception or waiting area, where piercings are conducted
upon the
genital, nipple, or any other discretionary part of a person's body,
or a
designated area which is segregated from other business activities
or
services when ear piercings are conducted.
"Single use" means products, instruments or items that
are intended for
one-time use and are disposed of after each use, including, but
not limited
to, cotton swabs or balls, tissues or paper products, paper or plastic
cups,
gauze and sanitary coverings, razors, needles, scalpel blades, stencils,
ink cups
and protective gloves.
"Sterilization" means a process resulting in the destruction
of all forms
of microbial life, including highly resistant bacterial spores.
"Suspend" means disciplinary action taken by the health
authority.
"Tattooing" means any method of placing ink or other
inert 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 includes all forms of permanent cosmetics.
"Temporary establishment" means an establishment that
has been issued a
permit by the local health authority to operate for the purpose
of
performing body art procedures for not more than 14 calendar days
in conjunction with a
single event.
"Tip" means the stainless steel replacement part that
attaches to the
body of the tube.
"Tube" means the stainless steel component which is attached
to the
tattoo machine and the tip.
"Universal precautions" means a set of guidelines and
controls, published
by the Center for Disease Control and Prevention (CDC) as "Guidelines
for
Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis
B
Virus to Health-Care and Public-Safety Workers" in Morbidity
and Mortality Weekly
Report (MMWR), June 23, 1989, Vol. 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,
Vol. 40, No. RR-8, both incorporated herein by reference. 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.
"Work station" means the area or room used for the purpose
of performing
body art procedures by a practitioner, operator or apprentice.
@ 8:27-7.5 After care
(a) After care shall be administered to each client following the
tattooing. After care shall consist of both verbal and written instructions
concerning
proper care of the tattooed area. A copy of the written after care
instructions shall be signed by the client and kept on file with
the clients records.
Instructions shall, at a minimum, specify:
1. Responsibilities and care specific to the site of the tattooing
following service;
2. Possible side effects;
3. Information regarding any physical, cosmetic or other restrictions;
4. Signs and symptoms of infection; and
5. Instructions to consult a physician if infection occurs.
@ 8:27-11.3 Criteria for closure
(a) The approval, license or permit of any person to operate a
body art
establishment may be suspended at any time, when in the opinion
of the
health authority such action is necessary to abate a present or
threatened menace
to the public health.
(b) The following shall be reason(s) for closure:
1. Failure or lack of properly functioning equipment;
2. Unsanitary or unsafe conditions which may adversely impact the
health
of the public;
3. The health authority has reasonable cause to suspect that a
communicable disease is, or may be, transmitted by an operator/
practitioner;
4. The practitioner(s) has demonstrated gross incompetence in performing
body piercing, ear piercing, tattooing, or micropigmentation;
5. The owner obtained or attempted to obtain a permit by means
of fraud,
misrepresentation or concealment;
6. The owner or practitioner(s) has been convicted in this or any
other
state of a crime directly related to the practice of tattooing,
micropigmentation, body piercing or ear piercing;
7. The owner or practitioner(s) has permitted a genital piercing
upon a
person under 18 years of age; or
8. The operator has failed to prevent implants, branding and cutting
to
be performed in a body art establishment.
(c) The following shall be cause for, at a minimum, a seven-day
suspension:
1. Failure to report to the health authority within 24 hours any
infection or injury requiring a medical referral;
2. Performing a body art procedure on any person under the age
of 18
years of age, without the presence, written consent, and proper
identification of a
parent or legal guardian;
3. Failure to notify the health authority within 24 hours of positive
biological indicator test result of the autoclave; or
4. Using an ear piercing instrument for any part of the body other
than
the ear lobes and trailing edge of the ear.
@ 8:27-8.4 Permanent cosmetic procedures
(a) Over-the-counter cosmetics intended for public use cannot be
left
open in a procedure room.
1. Only disposable applicators or surgical markers shall be used
following a permanent cosmetic procedure to avoid possible contamination.
(b) No permanent cosmetic procedure shall be done on skin surfaces
which
have sunburn, rash, keloids, pimples, boils, infections, open lesions
or manifest
any evidence of unhealthy conditions.
(c) Permanent cosmetic procedures shall not be performed on a client
during pregnancy.
(d) Permanent cosmetic procedures shall not be performed for a
minimum of
one year on clients taking tretinoin medication.
@ 8:27-7.1 Training
(a) An operator shall furnish proof of having experience in the
operation
of a tattooing facility as a full time occupation or a designated
operator for
a period of at least 12 months and shall furnish all the following
forms of
proof to fulfill this experience requirement:
1. A signed testament from a previous employer that the applicant
has
been tattooing professionally for at least one full year;
2. A business license, tax records, business records or purchasing
records along with other proof that the applicant operates out of
a legitimate
business;
3. The make, model and serial number of applicant's autoclave listed
on
the back of a photograph of the autoclave; and
4. One or more samples of the applicant's advertising.
(b) A practitioner shall have performed the art of tattooing as
an
apprentice for a minimum of 2,000 hours prior to being qualified
as a practitioner and
shall:
1. Furnish business records which may include tax records, references
from former employers, or certificates of course completion or memberships
in
professional organizations such as the Alliance of Professional
Tattooists
or other organizations recognized by the New Jersey Department of
Health and
Senior Services;
2. Submit a minimum of 10 original photographs of tattoos which
the
tattooist has personally performed and a minimum of three signed
testaments from
previous clients; and
3. Provide evidence of completion of a bloodborne pathogen course
by the
American Red Cross, Alliance of Professional Tattooists, or a provider
approved by the New Jersey Department of Health and Senior Services.
(c) An apprentice shall perform the art of tattooing at a tattooing
facility as an apprentice for a minimum of 2,000 hours under the
direct supervision
of a practitioner.
@ 8:27-1.2 Scope
This chapter shall govern all businesses that offer tattooing,
permanent
cosmetics, and ear and body piercing to the public with the exception
of a
physician who is authorized by the State Board of Medical Examiners
to
practice medicine, pursuant to N.J.S.A. 45:9-6 et seq. The provisions
of the State
Sanitary Code shall have the force and effect of law. Under the
authority of
N.J.S.A. 26:1A-9, the provisions are enforceable by the New Jersey
State
Department of Health and Senior Services and local departments of
health.
@ 8:27-1.1 Purpose
This chapter establishes sterilization, sanitation, and safety
standards
for persons engaged in the business of tattooing, permanent cosmetics,
and ear
and body piercing in order to protect the public's health.
@ 8:27-2.1 Procedure to locate and construct establishment
(a) Any person desiring to construct, expand, alter, or operate
a
permanent cosmetic, tattooing, or ear or body piercing establishment
shall apply in
writing to the local health authority for review and approval before
such
construction, expansion, alteration or operation is begun. Such
application
shall include the following information:
1. The applicant's legal name, home address and telephone number,
full
business name, business address, post office address and telephone
number.
The application shall also include whether the applicant is an individual,
partnership, firm or corporation. If the applicant is a partnership,
the
names and addresses of the partners shall be included on the application.
If the
applicant is a corporation, the names and addresses of all corporate
officers shall be included on the application;
2. Plans and specifications shall illustrate the location of the
proposed
establishment and a floor plan of the establishment as it is proposed
to be
operated. An exact inventory of all processing equipment as it is
to be used.
Plans shall indicate the layout of the reception area, the procedure
areas,
the cleaning and sterilization area, the storage area and the toilet
facilities;
3. A statement of approval from the municipal agency responsible
for the
administration of planning and zoning ordinances for the proposed
construction or expansion of the body art establishment;
4. A complete description of all services to be provided, the proposed
hours of operation, the name of the operator and the names of all
practitioners
and their exact duties, a copy of the informed consent for each
procedure;
5. The names and addresses of all manufacturers of processing equipment,
instruments, jewelry, and inks used for any and all body art procedures;
6. The make, model and serial number of the applicant's steam autoclave
shall be printed on the back of a photograph of the autoclave; and
7. A copy of the manufacturer's specifications for operation of
the
autoclave.
(b) All construction, expansion or alteration to the building,
structures, and facilities used by the public shall comply with
the Barrier Free
Subcode, N.J.A.C. 5:23-7.
(c) All construction expansion or alteration, to the building,
structures, and facilities shall be done in accordance with the
requirements of the New
Jersey Uniform Construction Code, N.J.A.C. 5:23.
@ 8:27-2.6 Prohibitions
(a) A person who violates a prohibition under this section shall
be
subject to enforcement action authorized by this chapter, civil
penalties as
provided by N.J.S.A. 26:1A-10 and all other applicable law and/or
injunctive action as
provided by law.
1. Implants under the skin shall not be performed in a body art
establishment.
2. Scarification such as branding and cutting shall not be performed
in a
body art establishment.
3. No person shall perform any body piercing procedure upon a person
under 18 years of age without the presence, written consent and
proper identification
of a parent or legal guardian.
4. No person shall perform genital piercing upon a person under
18 years
of age regardless of parental consent.
5. No tattoo or permanent cosmetics shall be applied to any person
under
18 years of age, without the presence, written consent, and proper
identification
of a parent or legal guardian.
6. No person shall practice or attempt to practice body art in
a
non-licensed facility.
7. No person shall operate a facility unless it is at all times
under the
direct supervision of an operator.
8. No person shall display a sign or in any way advertise or purport
to
be a body art practitioner or to be engaged in the business of body
art without
first obtaining a license or permit for the facility from the health
authority.
(b) An emancipated minor shall be exempt from (a)3 and 5 above
upon legal
proof documenting said emancipation.
@ 8:27-8.7 Pigments
(a) All dyes used for permanent cosmetics shall be nontoxic,
nonirritating to tissue, stable to light and inert to tissue metabolism.
(b) Pigments shall not contain talc, coal tar or any known carcinogens.
(c) Nontoxic materials shall be used when preparing dyes or pigments.
(d) Single use, individual containers for dyes or pigments shall
be used
for each client and discarded after each procedure.
(e) Any excess dye or pigment applied to the skin shall be removed
with a
single use, lint free paper product.
(f) A record of the dye(s) used for the tattoo, including the lot
number
of each pigment, shall be maintained for each client.
(g) Colorants shall be free of acrylic monomers or polymers.
@ 8:27-7.4 Pigments
(a) All dyes used in tattooing shall be nontoxic, nonirritating
to
tissue, stable to light and inert to tissue metabolism.
1. Pigments shall not contain talc.
(b) Nontoxic materials shall be used when preparing dyes or pigments.
1. Single use, individual containers for dyes or pigments shall
be used
for each patron.
(c) Any excess dye or pigment applied to the skin shall be removed
with
single use, lint-free paper products.
(d) Pigments shall be obtained only from a reputable tattoo supplier.
@ 8:27-8.5 Topical anesthetics
(a) Only over-the-counter topical anesthetics shall be used for
permanent
cosmetic procedures by non-medical practitioners. A history of allergic
reactions to local anesthetics are an absolute contraindication
for their
use.
(b) Labeling for topical anesthetics used for permanent cosmetic
procedures shall be prepared by a FDA registered drug manufacturer
and shall comply
with 21 CFR 333, Topical antimicrobial anesthetic over the counter
products for
human use.
1. The name and lot number of each topical anesthetic used shall
be
recorded for each procedure in the client's chart.
(c) No liquid topical anesthetics shall be permitted for use in
the
proximity of the eye or eyelids.
1. Anesthetic eye drops are not permitted for permanent eyeliner
procedures.
(d) Topical anesthetics are for external use only and not for injection
or use in the eye.
1. Local anesthetics shall not be added to pigments.
(e) No occlusive dressings or external heat sources shall be applied
to
topical anesthetics used in proximity to the eye.
(f) No prescription topical anesthetics shall be used by practitioners
unless by or under the direct and immediate supervision of a licensed
physician.
@ 8:27-8.3 Use of antiseptics
(a) The following shall be the minimum acceptable standards for
the use
of antiseptics for permanent cosmetic procedures.
1. Before applying antiseptics, the practitioner shall thoroughly
wash
his or her hands in hot running water with liquid soap, then rinse
his or her hands
and dry with clean disposable paper towels.
2. When performing eyeliner or eyelash enhancement, the practitioner
shall wash the skin thoroughly with a cotton swab, eye makeup remover,
water or
Vaseline.
3. When performing eye brow procedures, the practitioner shall
use a
Q-tip to thoroughly clean the area with soap and water or a 70 percent
isopropyl
alcohol disposable wipe and allow the skin to dry before the procedure
is performed.
4. When performing a permanent cosmetic procedure to any other
part of
the body the external area of the skin shall be thoroughly cleaned
with
Chlorhexidine, 70 percent to 90 percent isopropyl alcohol containing
products, iodophors or iodine compounds.
5. Once applied, the antiseptic shall be allowed to dry before
the
procedure is performed.
@ 8:27-4.3 Medical consultation
(a) All body piercing and permanent cosmetic establishments shall
establish a
written agreement with a licensed physician for consultative services
which
shall, at a minimum, include skin conditions, after care procedures,
infections, and employee health issues.
(b) Any person who desires permanent cosmetics for the purpose
of
camouflage of a medical disorder or disfigurement or areola restoration
shall be under
the general supervision of a physician. The physician shall provide
the
practitioner performing the procedure specific written instructions
and guidelines. The
physician shall also provide the practitioner with a specific treatment
plan
appropriate for the person's diagnosis.
1. The practitioner shall maintain the physician's written instructions
with the client's application for three years.
2. A client who desires cosmetic enhancement with no existing or
pre-existing medical disease/condition shall not be required to
have medical supervision.
@ 8:27-3.1 Facility layout
(a) All facilities shall have a waiting area that is physically
separated
from the work stations and equipment cleaning room.
(b) All facilities that reprocess reusable instruments shall have
an
equipment cleaning room that is physically separated from the work
stations.
Facilities that use all disposable equipment shall be exempt from
this
requirement.
1. Design shall allow adequate space for receiving, cleaning,
decontaminating, preparing and packaging.
2. Work flow and traffic patterns shall be designed to flow from
soiled
to clean areas.
3. Suitable signs to designate soiled and clean work spaces shall
be used
to limit the possibility of cross-contamination into clean work
areas.
4. Hand washing facilities shall be operable and conveniently located
in
the equipment cleaning room.
5. Manual cleaning of instruments shall be conducted in a sink
of
sufficient size to process soiled instruments.
6. An emergency eye flushing device shall be provided where needle
building activities are performed.
7. Exhaust hoods shall be provided over needle building work areas
and
shall have a dedicated exhaust directly to outside air.
(c) All rooms used for body art procedures shall be completely
separated
from any room used for human habitation, food service or other such
activity
which may cause potential contamination of work surfaces.
1. Display cases and retail sales shall be physically separated
from work
stations.
(d) The work station shall not be less than 80 square feet. Facilities
existing as of February 19, 2002 are exempt from this requirement
until
renovations to expand are conducted.
1. A separate room shall be provided for permanent cosmetics.
2. Partitions shall be provided between work stations. The partitions
shall be easily cleanable and kept in good repair. The partitions
shall be at
least six feet in height and capable of providing complete privacy
which is
required for nipple and genital piercings.
3. Storage cabinets shall be adequate to accommodate supplies needed
for
the procedure in the room.
(e) At least one hand-sink with hot and cold running water under
pressure, and equipped with wrist, foot, or sensor operated controls
and supplied with
liquid soap, and disposable paper towels shall be readily accessible
and
provided for every two work stations within the body art establishment.
All
body art establishments shall be in compliance with this subsection
by no later
than August 19, 2003.
(f) Furniture in the procedure rooms shall be of nonporous materials
and
cleaned and sanitized after each use.
1. Work tables shall be constructed of smooth easily cleanable
material
and cleaned and sanitized between use.
@ 13:28-2.10 Ancillary services
(a) The holder of a shop license, other than a manicuring shop
license,
may offer ancillary services related to the beautification of the
body or the
enhancement of personal appearance, but not included in the definition
of
cosmetology and hairstyling, on the licensed premises, provided
that these
services are performed in a safe and sanitary manner by personnel
who are
adequately trained to render such services, and that the space allocated
for
such services is in addition to the space required by N.J.A.C. 13:28-2.5.
(b) If electrolysis for the removal of superfluous hair is offered,
it
must be performed by an electrologist who has completed either a
course or
program of training in electrolysis approved by the New Jersey State
Department of
Education or another course or program of training in electrolysis
substantially equivalent to a course or program approved by the
New Jersey Department of
Education.
(c) If tanning booths or tanning beds are utilized, they must be
operated
by an individual who is appropriately trained in the use of the
tanning
equipment. Manufacturer's instructions concerning the use and limitations
on the use of
the tanning equipment must be scrupulously followed.
1. Appropriate warnings concerning possible hazards from over-exposure
to
ultraviolet radiation must be posted in plain sight near the equipment
and clients using the equipment must be verbally informed of such
possible hazards.
(d) Permanent cosmetic application such as, but not limited to,
tattooing
and permanent make-up, is prohibited on any licensed premises.
@ 8:27-7.3 Equipment and supplies
(a) A sterile needle shall be provided for each client.
1. Solder used for the attachment of needles to the needle bars
shall be
lead free.
(b) Art stencils shall be single use and disposable.
(c) Ointments shall be single use or foil packs.
(d) Soaps and other products shall be dispensed and applied on
the area
to be tattooed with paper towels or gauze or in a manner to prevent
contamination
of the original container and its contents.
(e) The gauze shall be single use and shall not be used more than
once.
(f) Use of styptic pencils or alum solids to check any blood flow
shall
be prohibited.
(g) Sterilized needles, tubes or tips shall be on hand for each
practitioner for the entire day, based on the average client need
per day.
@ 8:27-8.2 Personal protection
(a) The following precautions shall be taken by the practitioner
during a
procedure:
1. Wearing a clean, single use, water impervious gown;
2. Using medical grade gloves at all times;
3. Wearing a fluid resistant mask. The mask shall be changed if
it
becomes splattered or moist with blood or body fluids; and
4. Using protective eye wear to cover all exposed skin and mucous
membranes of and around the eyes.
@ 8:27-10.1 Issuance of permit
(a) Temporary establishments shall be governed by all the rules
of a
permanent establishment as set forth in this chapter.
(b) A temporary establishment may be authorized for body art procedures
provided outside of the physical site of a licensed establishment
for the
purposes of product demonstration, industry trade shows, and/or
educational
reasons.
@ 8:27-10.3 Operation
(a) The operation of a temporary establishment shall be in compliance
with all of the requirements of this chapter.
(b) The temporary establishment shall be inspected by the health
authority and a permit shall be issued prior to any procedures being
performed.
(c) Body art performed pursuant to this section shall be done only
in a
completely enclosed non-mobile facility (for example, inside a permanent
building).
(d) Conveniently located hand washing facilities with liquid soap,
paper
towels and hot and cold water under pressure shall be provided.
1. Tuberculocidal single use hand wipes to augment the hand washing
requirements shall be available in each booth/cubicle.
(e) The work area shall not be less than 40 square feet.
(f) At least 100 foot-candles of artificial light shall be provided
at
work stations.
(g) Facilities to properly sterilize instruments shall be physically
separated from procedure areas.
1. A biological indicator test shall be performed at the site prior
to
the event. A negative spore test shall be provided to the health
authority.
2. Pre-packaged single use instruments or previously pre-packaged
sterilized instruments shall be allowed.
(h) A notice shall be posted in a conspicuous place in each booth/cubicle
containing the name and address of the practitioner and the procedure
for
filing a complaint or reporting an infection.
1. This procedure for filing a complaint or reporting an infection
shall
be given to each client with the written after care instructions,
which shall
be signed and maintained with the client's records.
@ 8:27-7.2 Shaving and preparation of the skin
(a) The first step in skin preparation shall be washing the area
with
soap and water.
(b) A single use disposable razor shall be used in shaving as necessary.
1. The razor may be disposed as general garbage only if the client's
skin
has not been broken during shaving.
2. The razor shall be disposed as regulated medical waste if the
client's
skin has been broken.
(c) Upon completion of shaving the client's skin, the skin and
surrounding area shall be washed with soap and water. The pad used
for washing the skin and surrounding area shall be discarded after
a single use.
(d) The skin and surrounding area shall be washed with a solution
of 70
percent to 90 percent isopropyl alcohol and allowed to dry before
starting
the procedure.
New Jersey Pamphlet Laws
CHAPTER 190 of 2001
AN ACT requiring parental consent prior to the tattooing> or
body piercing of minors.
BE IT ENACTED by the Senate and General Assembly of the State of
New Jersey:
C. 2C:40-21 <Tattooing> of a minor; parental permission,
required.
1. A person commits a disorderly persons offense if he knowingly
<tattoos or engages in body piercing of a minor under the age
of 18 years without first having obtained the written permission
of the minor's parent or legal guardian or, if neither exists, a
person who stands in place of a parent.
2. This act shall take effect on the 120th day following enactment.
Approved July 31, 2001.
We’re legal
by Rose Marie Beauchemin
Over the past 10 years, permanent cosmetics had been presented
to several of the New Jersey State Boards for regulation, each one
deciding they wanted nothing at all, to do with it. From the New
Jersey State Board of Cosmetology to the State Board of Medical
Examiners, we were tossed down the line. Apparently, when a state
board decides to govern a particular industry, they must set up
the rules for practicing within that profession. This would include
the development of the parameters for teaching the skill, a test
for the practitioners to be sure they’re to be considered
skilled and of course the tests require grading, as well. This regulating
board must arrange to provide the necessary certificate or license
for the practitioner applicants. They must also inspect the practitioner’s
premises to be sure that they are operating according to the set
regulations and operating a clean and sanitary space and that the
practitioner has the required certificate or licenses openly displayed.
As part of the New Jersey regulations, inspectors will also be required
to open practitioner’s files to be sure that data and photographs
have been recorded properly. The point is that in many cases existing
state agencies are not looking for more work. Accepting the task
of regulating and monitoring a new industry can simply be overwhelming
and they may not have the task force to support the required duties.
How’s that for diplomacy?
When all of the seemingly appropriate state boards have refused
to govern a particular group, it is the board of health and safety
that must do so. We belong to a profession that violates tissue
and the blood barrier, using needles and this cannot be ignored
by the board of health and safety. To quote Anthony Monaco, Project
Coordinator for the New Jersey Public Health Sanitation and Safety
Program, “We were a people without a country.” Anthony
Monaco has done an incredible job in giving all forms of body art,
including permanent cosmetics, tattooing and body piercing, not
only a country, but much credibility.
Mr. Monaco began more than two years ago, contacting many people
from each industry and developed an advisory panel. Linda Courey
Degman, Michele Nicole and myself were on that panel, representing
permanent cosmetics. We were highly committed to this task. (Mrs.
Degman, who was pregnant, amazingly managed to attend every meeting,
right up to the delivery of her son. Ms. Nicole flew in from Florida
at her own expense.) We all knew it was going to be long bumpy road,
meeting with much resistance from all sides. Mr. Monaco had to please
and appease many people. Mr. Monaco and the entire department had
the best of intentions and they were to protect the professionals
and stamp out the permanent cosmetic nonprofessionals, the tattoo
cowboys and the, ‘cool, piercing sounds like fun,’ novices,
that just decide to try it on their friends. (usually minors) As
we well know, these can all be dangerous procedures and with our
New Jersey Shore Resorts, the summers were becoming a nightmare
with non professionals coming in to take advantage of our short,
ten week seasonal frenzy. Our Boardwalks were invaded by these nomads
who performed all of the above procedures. Meanwhile, the responsible
professionals and business owners are made to look bad as the complaints
file in to state health officials, in a steady stream. Many are
by hysterical parents whose kids have been pierced or tattooed by
these characters that practiced without rules or safety, yet alone
professionalism. Mr. Monaco and his team’s intention was to
protect the responsible practitioners and prevent this kind of damage,
on all levels, to everyone.
Several meetings were held and it was decided that the department
would seek regulations, guidelines and tests that were already in
place by the non profit organizations, within our industry. This
would move things along much faster than re-inventing the wheel.
Therefore, The Society of Permanent Cosmetic Professionals (SPCP)
training guidelines were utilized and The American Academy of Micropigmentation
(AAM) Certification Test was also implemented. Utilizing the SPCP
training guidelines would insure that no two (2) day training operations
would be considered acceptable or appropriate to perform permanent
cosmetics. Also an apprenticeship was put in place that follows
the initial 40 hour training. The apprentice will be required to
complete a total of five (5) eyeliner procedures, five (5) brows,
(5) lip procedures, all under the direct supervision of an approved
instructor, then be required to pass the initial test administered
by the approved training institute. They will receive a certificate
from the training institute for this segment of the program. The
apprenticeship will extend the training over a period of approximately
two (2) to three (3) months, depending on the motivation of the
apprentice. Once the apprentice has passed this initial test and
completed the required procedures, they will be given the AAM test
and if passed, be considered fully certified. The usual one year
waiting period for this test will be waved due to the length of
the apprenticeship and the assured experience of this trainee. This
final certificate will be issued by the AAM for operation of this
practitioners clinic.
Grandfathering: Those who are practicing permanent cosmetics that
have not taken a minimal 40 hour training program will be required
to make up the training that they did not receive and it must be
with an SPCP approved instructor. For example, if an existing practitioner
had only taken a two (2) day course initially, they must take another
2 to 3 day course to complete 40 hours of training. They will not
be required to serve an apprenticeship. Existing practitioners have
a 2 year grace period to take and pass the AAM test.
Every practitioner will be required to have a consulting contract
or agreement with a physician, who will agree to consult with us
or our client, if we request so. It simply tells the state that
we have someone to consult with when we have a medical question
or require medical clearance. This contract does not require the
physician to supervise or take responsibility for our practices.
It merely says, a physician is there if we need them. It is our
responsibility to go to them, when we deem appropriate. Medical
clearance is not required for cosmetic procedures on normal, healthy
skin.
Medical clearance is required by practitioners who will be performing
areola and camouflage. Areola grafts and all grafts can not be tattooed
without medical clearance. A representative from the NJ State Board
of Medical Examiners, felt strongly that some grafts can become
necrotic (die) if traumatized and the regulating state department
honored his concerns.
Now, the state inspectors need to be introduced to these regulations
and understand what they are to look for during an assigned inspection.
Each group, (body art, permanent cosmetic and piercing) was asked
to prepare a Power Point Presentation on the main points of their
industry regulations, which was to be presented at the 5 strategically
selected locations, throughout the state. An announcement was mailed
to all of the related practitioners, throughout the state. The American
Academy, The Society of Permanent Cosmetic Professionals, Derma
International and my mailing lists were all contributed in order
to reach every permanent cosmetic practitioner in the state. The
other groups contributed theirs, as well.
The attendance ranged at approximately 150 per session and the
audience was highly eclectic. It was comprised of state officials
that have studied blood pathogens their entire life, dozens of state
inspectors who were quite conservative and tattooists and body piercers.
There were only one or two permanent cosmetic practitioners, at
each session, although 90 to 100 invitations were sent out. It was
interesting to see the melding take place at the coffee and lunch
breaks. Everyone conferred and contributed, greatly. It was quite
exhilarating to be a part of this process. Mr. Monaco and his team
listened closely to all concerns raised by each group, throughout
each 7 hour session and then he would explain the state’s
position and the benefit that it would serve. His manner is quite
considerate and also extremely disarming.
I elected to open my segment with a thank you to the tattooists
that saw the potential in permanent cosmetics, knew that early on,
we had been exploited and left armed and dangerous. I thanked them
for stepping across the line to teach us everything we know about
equipment, pigments and getting pigment into skin. I felt this was
the perfect opportunity to show appreciation for their assistance
and support. The interesting thing that I have always found is that
we have had the support of many tattooists whether or not they had
any interest in performing permanent cosmetic procedures. Either
way, they shared. I would bet they just considered it a rescue mission.]
A question and answer panel was formed after both the morning and
afternoon segments. A representative from each group that served
on the advisory board was on this panel. Here, questions were raised,
regarding every aspect of the new regulations. Many questions were
asked by the inspectors so that they were clear on each new industry
inspection requirement. It was fascinating and sometimes frustrating.
The tattooists argued that they have 2000 hours of training and
we had only 40. I had to agree and point out that they are correct
and this was just a start, but that we did have an apprenticeship
and that this would make a huge difference in the integrity of the
work that will be out there. I also pointed out that this is a long
way from a two day training and placing a few dots on a banana.
Mr. Monaco was also interjecting his support on all of these points.
I also pointed out that tattooists build needles and machines and
that they tattoo the entire body. We are more focused on the face
and our work is much more repetitive. I reminded them that the ability
to camouflage will require an additional eight hour course. Every
question or statement was a valuable one and responded to in an
honest and respectful manner.
I was really only verbally assaulted by one nurse that argued that
we had no business performing a medical procedure. I attempted to
disarm her by explaining the fact that the doctors do not want to
do these procedures and that they deem it cosmetic. I pointed out
that we wouldn’t necessarily want our doctors applying our
make up, permanently. Also, that permanent cosmetic practitioners
are tattooing and they are tattooing make up. This is not purely
medical. She eventually quieted down, but definitely not satisfied
with my response. I wondered if perhaps she had a problem with the
fact that I was not a nurse. Interesting, that one may believe that
lay people and nurses couldn’t both perform beautiful work
or that only a nurse can perform satisfactorily. Mr. Monaco also
responded, eloquently and diplomatically, but she was still huffing
and we were over it.
We do have a few counties scattered throughout the state that have
their own regulations regarding tattooing. The county rules may
not be less stringent than the state requirements but they can exceed
the state requirements.
A question that was raised by New Jersey instructors, is how should
they be compensated during this apprenticeship program, since it
seems unfair for the apprentice to have to pay additional tuition.
One solution would be that when the instructor is apprenticing one
that will be practicing in New Jersey, (if they are not practicing
in New Jersey, there is no apprenticeship) the apprentice is generally
relatively local or within a few hours and they can simply bring
paying models to the instructor. These models will build the apprentice’s
portfolio and will be offered procedures at discounted fees. The
instructor is required to keep a copy of the client (model) file.
These fees (a fair hourly rate, decided by the instructor) will
be paid by the model directly to the instructor and will thereby
eliminate additional tuition for the apprentice. If the apprentice
cannot produce their own models, then it is the responsibility of
the instructor to provide the models and simply charge the same
discounted fees, that will compensate the instructor for their time.
Please feel free to share any other ideas or thoughts you may have
on this structure, particularly, if you are in a regulated state
that requires apprenticeship programs. This is a new dimension for
instructors in New Jersey and we would greatly appreciate your input.
A win, win approach is necessary. The last thing we want to do is
discourage people from entering this field, due to prohibitive tuition.
Is it perfect? No, but it is good and an excellent start. It is
also not forever. We are able to go in and revise it in just two
(2) years. By then we will all know what is working and what isn’t.
I do believe that other states will model themselves after New
Jersey and adopt these regulations. It is an extremely comprehensive
program. As an instructor, I feel that the graduates in New Jersey
will be a great deal more experienced and confident, as they enter
the exciting field of permanent cosmetics.
Many thanks to Mr. Monaco and the entire New Jersey Department
of Health and Safety for their tremendous support in making us a
legitimate profession. It has been an honor to be a part of this
task. I would like to thank Elizabeth Finch, for delivering our
presentation at the last meeting when I had a teaching schedule
conflict. Ms. Finch reports that it went smoothly and without incident
(no verbal attack). Mr. Monaco said she was outstanding. Many thanks
to the SPCP and the AAM for their support through this process.
A special thanks to Dr. Charles Zwerling, for his many calls, letters
and emails that informed this state department of our abilities
and successes. Dr. Zwerling jumped into the abyss and fought for
us to maintain the ability to perform eyeliner procedures when the
NJ State Board of Medical Examiners wanted to prohibit us from performing
them. Dr. Zwerling’s usual, immediate, non-political and untiring
support and response was there, for all, every step of the way.
-
.New Jersey has proposed only physicians do eyeliner tattooing.
Proposition being drafted by the Health Department Commissioner.
A ruling is expected by the fall of 1999. Contact:Rose Marie Beauchemin
for more information at: roebeau@sprintmail.com
|
