2. Body Art Operator Requirements and Professional Standards
2.1 The Centers for Disease Control and Prevention (CDC) determined that the use of ASEPTIC TECHNIQUE is a fundamental standard of care to prevent infection in healthcare settings. This standard is “not expected to change based on emerging evidence or to be regularly altered by changes in technology or practices” (Healthcare Infection Control Practices Advisory Committee, 2017). The Body Art Committee (BAC) recognizes that not all policies and procedures required for a healthcare setting or laboratory are applicable to a BODY ART ESTABLISHMENT but believes that due to the nature of the work and the severe risk for transmission of harmful pathogens via body fluids, ASEPTIC TECHNIQUE is an important standard for BODY ART ESTABLISHMENTS. 2.2 The U.S. Department of Labor classifies MINORS as individuals under the age of 18 (U.S. DOL, n.d.). The Fair Labor Standards Act (FLSA) sets standards and requirements for MINORS working in jobs covered by the statute and dictates permitted occupations for MINORS, abiding by the guiding principle that the working conditions do not interfere with their schooling or health and well-being. As applicable to BODY ART, 29 C.F.R. 570.34(b) permits 14- and 15-year-olds to be employed to perform work of an artistically creative nature (U.S. DOL, 2016). U.S. DOL does not, however, consider TATTOOING or BODY PIERCING to be artistically creative endeavors under the provisions of either 29 C.F.R. 570.34(b) or 29 C.F.R. 541.302(b) due to the potential for exposure to BLOODBORNE PATHOGENS (Child Labor Regulations, 2010). Where state employment law and the FLSA overlap, whichever law is more protective of the MINOR shall be applied (U.S. DOL, n.d.). 2.3 BODY ARTISTS and ESTABLISHMENTS must have a current applicable state, county, or city license, permit, and/or other regulatory requirements per Section 13 of this Code to ensure the BODY ART ESTABLISHMENTS are properly inspected and regulated in the interest of PERSONNEL and CLIENT safety. 2.4 BODY ARTISTS must maintain a certain level of personal hygiene to avoid contaminating their WORKSTATION and INSTRUMENTS. Relative to other parts of the hand, the area underneath the fingernails harbors the most microorganisms and is the most difficult area to clean (Lin et al., 2003). Artificial, or acrylic, nails harbor more bacteria than natural nails and as such, this Code prohibits BODY ARTISTS from wearing them. According to the Association of Perioperative Registered Nurses (2021), “Artificial nails have been associated with hand contamination and epidemiologically implicated in outbreaks caused by gram-negative bacteria and yeasts.” Fingernail length is another essential element in hand hygiene, as studies have consistently found that microbial cell numbers are positively correlated with fingernail length (Lin et al., 2003; Wu & Lipner, 2020). As of publication, no studies have shown that nails with intact polish harbor more microbes than unpolished nails. Studies have found, however, that nails with chipped polish might serve as reservoirs for microbes (Ward, 2007).
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