760-1403 Body Artist Certification, Suffolk County, New York
Updated 10-08-06, 10-19-2006, 10-29-06 10-31-06

03.Suffolk-760-1403 Body Artist Certification

760-1403 Body Artist Certification

This exceeds the stated purpose of the Article, “to prevent communicable and non-communicable disease." It attempts to “regulate” the actual practice of tattoo and piercing, to set standards of competency, methods of training, apprenticeships and legal agreements. It is an intrusion into the affairs of tattoo and piercing and a restraint of known and common business practices without any benefit to prevent communicable and non-communicable disease.

760-1403 Body Artist Certification

1. No person except a duly licensed Health Professional (NYS Ed Law) shall perform body art procedures or act as a body artist unless such person has a Body Artist Certificate issued by the commissioner.

It is well accepted that universal precautions, barrier protections and immunization are necessary as instituted by Engineering Controls, Work Practices and Personal Protective Equipment. To assure that body artists have the newest most effective techniques and learning skills the Department will validate their knowledge.
In our view the Department's certification should not be an "artist license" but an acknowledging that the body artist has demonstrated competency in those areas that directly effect the prevention of disease transmission: aseptic procedures, universal precautions, disinfection and sterilization.

The knowledge and practices necessary to assure health protection is irrespective of competency to apply a tattoo or pierce and as such the "certification" should be a license that the applicant has demonstrated a sufficient knowledge and understanding of the health issues and has a committed agreement to practice body arts safely irrespective of actually engaging in any tattooing or piercing. It should not be a certification that would imply competency or skill in the craft, which would mislead the public.  The Department should not enter that arena.

It is desirable that no person shall independently perform body art procedures without a "Health Standards Proficiency & Agreement for Body Art" (as it might be more properly described.) There is nothing in piercing or tattooing that is different than universal precautions, disinfection and sterilization to protect the public

2. An applicant's past history of non-compliance and/or the applicant's criminal record will be considered in evaluating whether the department will issue a body artist certificate. Previous convictions for criminal offenses shall be in accordance with NY Corrections Law Article 23-A.

It is not clear what non-compliance means or how past criminal records will be considered or what NY Corrections Law Article 23-A says. Tattoo has a wide practice among the incarcerated and is one of the few opportunities the released have to enter working society and earn a living peacefully. Considerations need to be made and this item studied before approving something so vague and unknown.

3. An Applicant must be an adult to receive a Body Artist Certificate of any kind.

Because the license should only serve to demonstrate proficiency and knowledge of health matters no justification is offered why 16 years should not be a reasonable age to begin thinking of a career. It has been pointed out that piercing especially could easily be a stepping-stone into other medical fields.

4. No holder of any Body Art Establishment permit issued under Section 1403 of this Article shall allow a body artist to practice in such shop unless such body artist is a holder of a valid Body Artist Certificate as issued under subdivision (1) of this section. In the case of an owner-operated establishment, the owner must be so certified.

It is appropriate that the Board respect and honor the traditions and practices of tattoo to the extent that they are not a threat to the health of the community nor violate common decency standards.

The proposed section prohibits a long-standing tattoo practice and needs to be reversed.

It is a recognized tradition of tattoo studios to participate in exchanges of artists both nationally and internationally. This important and expected part of the rites of passage for artists is also an expected rite of passage for shops to host them. It is alive and well throughout the known world wherever tattooing is allowed, practiced universally, establishes a rapport among tattooists and studios encouraging the development of a tattoo community across boundaries.

To invite guests and then require them to prove they posses the knowledge and expertise to work safely makes us look like some backwater gulag subject to irrational demands of the dictators. Requiring invited guests to register with the Health Department, undergo quizzes of their record and work experience and examined like beginners and novices is not acceptable. The disregard of tattoo traditions would give the appearance that Suffolk County is run by bureaucrats who don't trust the studios they license.  We expect an active public health agency guided by modern evidence-based policies that shows non-partisan respect for different community groups.
This provision is unacceptable.

There must be no impediment for non-resident visiting artists to tattoo on a temporary basis under the auspices and sponsorship of a legitimately registered Suffolk County shop or licensed tattoo artist without having to register the temporary worker with the Department of Health. The department is not showing confidence that licensed shops can practice proper safeguards. It reveals one of the fundamental flaws of the Article: its hierarchical rule making. The Department must embrace a better way, demonstrated by OSHA and CDC, which we think, should be emulated. For example, the Article requires soap, liquid or powder be used, whereas the CDC writes

“Although hospitals have provided personnel with non-antimicrobial soaps in hopes of minimizing dermatitis, frequent use of such products may cause greater skin damage, dryness, and irritation than antiseptic preparations. One strategy for reducing the exposure of personnel to irritating soaps and detergents is to promote the use of alcohol-based hand rubs containing various emollients.” Guidelines for Hand Hygiene CDC.

In other words, the work practice is the important point, not enforcing the use of particular products or techniques to accomplish it.  Another illustration, the Article prescribes brushes and nail files. The CDC writes

“Surgical hand-antisepsis protocols have required personnel to scrub with a brush. But this practice can damage the skin of personnel and result in increased shedding of bacteria from the hands.” OpCit.

What is not seen is the crucial establishment of work practices that leave the optional elements open for proper implementation to get the job done. The Article wants to oversee and micro-manage everything through more and more rules. Also notice that the protocols mentioned by the CDC are for the Surgical Team, not Hospital Care Workers. Body Artists are not engaged in open infection-prone surgery.  Applying these scrubs to body artists cannot be justified. This is ruling over people rather than empowering them to make decisions.

The debilitating effects of this hierarchical approach directly prevent the body art community from developing into a professional society.

5. Any person desiring to engage in body art procedures or act as a body artist shall submit an application for a body artist certificate to the commissioner along with (2) passport identification pictures, on a form prescribed by the department.

5. – Pertains to the form and method of applying for a license.

6. Each applicant shall be required to demonstrate by successfully passing the department's written examination and during subsequent inspections by a representative of the department, demonstrating knowledge of Universal Precautions, proper in-shop procedures, the requirements of this article and aseptic body art procedures designed to prevent infection(s) and the spread of communicable disease. Furthermore, to qualify for a body artist certificate of any type, the applicant may be required to successfully complete whatever course(s), training and/or educational programs the department has deemed relevant and necessary to the safe application of body art procedures and to protect the public health. These courses, when required, are to be set forth in Standards established by the Commissioner.

6. The first part, sentence one, requires an applicant to pass a written exam and then during multiple inspections be observed demonstrating Universal Precautions, shop procedures (not related to Universal Precautions), the requirements of this article and aseptic work practices (collectively this is the "practicals").  This is designed to appear diligent and it may sound good but The Article needs to enable artists to take responsibility, work independently and make judgments in real life circumstances. It actually keeps them dependent by focusing on enforcement.

 The second sentence is an invitation to any future overzealous department to discover many relevant courses and further certifications.

Learning to work safely and follow Universal Precautions is not difficult. Understanding does not take hard work, discipline and guts. It's actually easy enough to be taught by a pamphlet, seeing a video and experiencing a practical demonstration. Making learning second nature comes with the doing.

The certification is incomplete and distorted. First, the License should signify that the applicant understands and has the knowledge to practice safely. The second half of the equation is missing, which is not considered: an additional license, an employer license. Since we are responsible to follow OSHA blood-borne pathogen standards the Department should be a participant so that the structure can help enable that to happen. OSHA places considerable burdens on an employer that goes beyond the requirements of an employee and effectively makes the employer responsible that blood borne pathogen standards are being followed.  This is the other half of the equation and covers a new area: responsibility. The Article incorrectly usurps the employer function mentioned by OSHA keeping body art in perpetual servitude hindering growth into a full fledge professional community.  This should be a second license that will enable the employer to effectively assume responsibility for those in the shop and enable the employer to take responsibility for guest artists and learners. The regular license will acknowledge that applicants have rights to pursue work.

The addition of "whatever courses, training and/or education programs" is a prescription for abuse.  It is advantageous to limit the scope of power of the Department when reasonable. Without specific need included as "necessary to protect public health" it leaves additions up to the whim of any sitting Board without requiring consent of the governed or a method to redress unnecessary burdens.

7. The Commissioner may certify a body artist by reciprocal agreement with an outside agency or institution, if the body artist has successfully completed a course in infectious disease control approved by the Department.

The "approved by the Department" phrase pops up often in this kind of context. The phrase is designed to cover-up the Department's desire to extend hierarchical rule-making control because if it were the intention for the Department to be assured that the course being cited by an applicant meets Suffolk standards how will it be done?  It would take months of correspondence and study. It can't be done. These phrases are a cover-up and should be examined in every instance.  Consequently this should be left off as is and perhaps give the applicant the test straight away.

And, by examination of the individual's records and/or history of experience, training and education, has demonstrated acceptable knowledge of the requirements of this article to perform body art procedures.

More and more is added to the list of requirements so that we now have a complete history of the applicant. The Article exceeds reasonable bounds and lacks compelling justification.

8. The body artist certificate shall not be transferable from one person to another. The Department's original copy of the body artist's certificate shall be prominently displayed to the public, at the body artist's workstation, in every establishment where the body artist practices.

9. A body artist certificate shall expire three (3) years from date of issuance.

10. A body artist's certificate or body artist apprentice certificate or transient body artist certificate may be revoked by the commissioner, after notice and an opportunity for a hearing, for failure of the certificate holder to comply with the requirements of this article or with any lawful notice or order issued pursuant thereto or failure to comply with any Federal, State or local law code or regulation.

We are introduced to two more kinds of certificates; one for apprentices and one for transients. It is not acceptable that the Department gives themselves the authority to revoke a license for any infraction of any law, failure to comply with any code or any regulation without limit. This fuzzy writing authorizes the Department to act as the Police Department.  Can the Department give themselves such authority?

11. Apprenticeship Procedure

Apprenticeship training is a new phenomenon beginning sometime in the 90s and was never part of tattoo history or method of training. Training has always been either self-taught or done in a shop by a system of enforced slavery for a few years followed by many years of working in that shop. There was usually a written agreement which also prohibited working within hundreds of miles if the artist left the shop. Its purpose was to ensure the dedication of the person and prevent others from entering the business. The art of tattooing was a carefully guarded secret including knowledge of who made tattoo machines and equipment. For the Department to intentionally create this serf and master industry structure is not appropriate and will not diminish infection rates.

12. A Transient body artist must comply with all provisions of this article as pertains to performing body art procedures.

a. A Transient body artist shall apply for a reciprocal body artist certificate in accordance with section 760-1403.5 of this article. Such reciprocal certificate will be issued for a period of time to be determined by the department and not to exceed three (3) years.

This section seems to imply but does not say that if a person applies with 2 photos and a certificate from another jurisdiction they may be issued a transient certificate if the Department gives it to them.

Temporary body artists should be allowed to work for the first 30 - 60 days under the sponsorship of a duly "employer-licensed" shop employer without obtaining a Health Proficiency License provided the owner or sponsoring artist has a Employer License and will be responsible that the body artist will work according to Suffolk County Standards: the artist possesses the requisite skills to protect the safety of the public.

13. At the time of this article's adoption, all tattoo/body piercing certificates already issued by the department will remain valid until their expiration dates. Renewal of these re-existing certificates will be done in accordance with this article without the requirement of apprenticeship. However, such renewing body artist(s) shall fulfill any specific educational and/or training requirements set forth in Standards established by the Commissioner.

These are personal views and opinions of Wes Wood and do not necessarily represent the views and opinions of Unimax Supply Co Inc.
Copyright 2006