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Safe Body Art Regulations

made under Section 33 of the

Safe Body Art Act

S.N.S. 2011, c. 44

O.I.C. 2018-47 (effective February 1, 2019), N.S. Reg. 39/2018


Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Citation

Definitions

Exemption from regulations

Standards

Inspection frequency

Restrictions on mobile and temporary body art facilities

Application for permit

Permit not transferable

Fees and terms for permits

Posting permit

Renewing permit

Suspension or revocation of permit

Appeal to Minister on suspension or revocation of permit

Decision in appeal

Location, design, construction, equipment and maintenance requirements

Additional requirements for permanent body art facility

Additional requirements for mobile body art facility

Additional requirements for temporary body art facility

Personnel policies and procedures

Client awareness and after-care instruction

Exposure response plan

Use of procedure area

Person or persons in charge

Infection prevention plan

Operator and personnel training

Protective equipment for personnel

Instruments, equipment and body art product requirements

Instruments in mobile or temporary body art facility

Maintaining instruments, body art products and equipment

Testing and verifying cleaning and sterilization equipment

Back-up plan for mechanical sterilizer failure

Records of cleaning and sterilization equipment testing and verification

Sterilization certificate for pre-sterilized single-use instrument

Client records

Personnel records


 


Citation

1     These regulations may be cited as the Safe Body Art Regulations.


Definitions

2     (1)    In these regulations,

 

“Act” means the Safe Body Art Act;

 

“adequate” means satisfactory or acceptable in quality or quantity as determined by the Administrator or a public health inspector;

 

“appropriate” means suitable or proper in the circumstances as determined by the Administrator or a public health inspector;

 

“aseptic technique” means work practices used to prevent cross-contamination;

 

“body art product” means any substance used in connection with a body art service, including ink, pigment, skin antiseptic, gentian violet, green soap and disinfectant;

 

“class”, in relation to a permit, refers to a class of permit set out in Section 9;

 

“cross-contamination” means a transfer of a biological, physical, chemical or infectious agent from a contaminated source;

 

“decontamination area” means an area in a body art facility where instruments and equipment are cleaned and then disinfected or sterilized;

 

“disinfect” means to carry out a process that inactivates many, but not necessarily all, recognized disease-causing microorganisms;

 

“equipment” means machinery, apparatuses or appurtenances used in connection with carrying out a body art service, including fixtures, containers, vessels, tools, furniture, display areas, storage areas and sinks;

 

“high-contact surface” means a surface that is likely to be contaminated with or come in contact with blood or other body fluids or non-intact skin, or to come in contact with contaminated instruments, contaminated body art products or the contaminated hands of the personnel of a body art facility;

 

“infection prevention plan” means a plan established by an operator of a body art facility in accordance with Section 24 for controlling biological hazards associated with the body art services being carried out at the facility;

 

“instrument” means any device used to carry out a body art service, including needles, needle bars, needle tubes, forceps, hemostats, tweezers, razors and razor blades;

 

“mobile body art facility” means a body art facility that is a readily moveable motorized or towed wheeled vehicle designed and equipped for body art services to be carried out in it;

 

“operator” means a person who, either alone or through an agent, owns or operates a body art facility, and includes an occupier of a body art facility;

 

“permanent body art facility” means a body art facility that is in a permanent location and is intended to be operated continuously in that location;

 

“personnel”, in relation to a body art facility, means any of the following:

 

                         (i)     persons carrying out body art services at the body art facility,

 

                         (ii)    persons involved in handling contaminated instruments, equipment and surfaces at the body art facility,

 

                         (iii)   persons who interact with clients at the body art facility other than by carrying out body art services;

 

“potable” means safe for human consumption;

 

“procedure area” means an area where body art services are carried out in a body art facility;

 

“reprocessing” means the process of rendering a contaminated reusable device safe and effective for reuse, and includes cleaning and preparing devices for disinfection or sterilization according to device-specific manufacturer’s instructions for use and published reprocessing standards;

 

“reusable”, in relation to an instrument or piece of equipment, means designed by the manufacturer of the instrument or equipment, through the selection of materials and components, as suitable to be reprocessed and reused;

 

“sharps” means any objects that may cut, pierce or penetrate the skin or mucus membrane, including needles, scalpel blades and razor blades;

 

“single-use” means intended for use by 1 person at 1 time on 1 client, intended to be disposed of after use, and not suitable for reprocessing, and applies to items such as cotton swabs and balls, tissue and other paper products, paper or plastic cups, gauze and other sanitary coverings, piercing needles, scalpel blades, stencils, ink cups and protective gloves;

 

“Standards” means the latest edition of the Nova Scotia Body Art Standards or its successor document as established by the Minister;

 

“sterilization log” means the record of testing and verification of sterility required by clause 32(2)(b);

 

“sterilize” means to carry out a process that destroys all forms of microbial life including bacteria, viruses, spores and fungi;

 

“temporary body art event” means an event of no longer than 14 consecutive days at which body art services are offered or carried out by 1 or more operators outside of a permanent body art facility;

 

“temporary body art facility” means a body art facility operated by a single operator in a temporary location as part of a temporary body art event;

 

“ultrasonic cleaning unit” means a unit physically large enough to fully submerge instruments in liquid and that removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.

 

       (2)    In the Act and these regulations,

 

“cleaning” means removing foreign material, such as dust and soil, or organic material, such as blood, secretions and micro-organisms, using water, detergent and physical or mechanical action;

 

“piercing” means creating an opening in any part of a person’s body for the purpose of inserting jewelry or other decoration;

 

“tattooing” means inserting pigment into a person’s skin by piercing with a needle or other instrument, and includes any procedure referred to as cosmetic tattooing, permanent make-up, micropigmentation, micropigment implantation, microblading or dermagraphics.

 

       (3)    In the Act, “branding” means burning a mark or marks into a person’s skin with hot or cold instruments with the intention of leaving a permanent scar.


Exemption from regulations

3     (1)    The Administrator may exempt an operator who holds a permit from any provision of these regulations if the operator demonstrates to the Administrator that they can achieve compliance using another method.

 

       (2)    A person who pierces only the lobe of the ear with a pre-sterilized single-use cartridge ear-piercing system is exempt from these regulations, and this service is not a body art service.


Standards

4     (1)    The Standards, as amended from time to time, are incorporated by reference into these regulations.

 

       (2)    The Standards must be made available to the public, clearly identifying amendments and effective dates, on the Province’s website.

 

       (3)    An operator must ensure a body art facility is equipped, operated and maintained in accordance with the Standards.


Inspection frequency

5     The Administrator may establish the frequency of inspections for body art facilities.


Permits for Body Art Facilities


Restrictions on mobile and temporary body art facilities

6     An operator of a mobile body art facility or a temporary body art facility must not offer or carry out any body art services other than tattooing or piercing.


Application for permit

7     (1)    An application for a permit must be accompanied by all of the following:

 

                (a)    the applicable permit fee prescribed in Section 9;

 

                (b)    any information reasonably required by the Administrator to determine compliance with the Act or these regulations.

 

       (2)    An operator of a temporary body art facility must submit an application for a permit at least 30 days before the first day of the temporary body art event.


Permit not transferable

8     (1)    A person who holds a permit must not transfer the permit to another person.

 

       (2)    A transfer of a permit contrary to subsection (1) is void.


Fees and terms for permits

9     The fee and term for each class of permit are as set out in the following table:


Class of Body Art Facility Permit

Term of Permit

Fee

Class 1: Body Art Facility (permanent body art facility or mobile body art facility)

10 years

$195 + HST

Class 2: Temporary Body Art Facility

1-14 days, as specified on permit

$30 + HST


Posting permit

10   An operator must post their permit in a conspicuous location in their body art facility so that it can be viewed by potential clients before body art services are carried out.


Renewing permit

11   (1)    Except as provided in subsection (2), an operator may renew a permit on or before its expiry date by submitting a completed renewal application to the Administrator together with all of the following:

 

                (a)    the applicable permit fee prescribed in Section 9;

 

                (b)    any information reasonably required by the Administrator to determine compliance with the Act or these regulations.

 

       (2)    A Class 2 permit is not renewable.


Suspension or revocation of permit

12   (1)    The Administrator must notify, in writing, an operator whose permit is suspended or revoked.

 

       (2)    The Administrator may serve a notice of closure on an operator whose permit is suspended or revoked, and must post the notice in a conspicuous place at the entrance to the body art facility.

 

       (3)    When an operator receives notice that their permit is suspended or revoked, they must immediately

 

                (a)    cease operating the body art facility; and

 

                (b)    close the body art facility.

 

       (4)    A person must not remove a notice of closure posted under subsection (2) or reopen a body art facility required to be closed under clause (3)(b) until the permit for the body art facility is reinstated or reissued.


Appeals


Appeal to Minister on suspension or revocation of permit

13   An operator who appeals a decision of the Administrator under Section 10 of the Act must serve the Minister with a notice of appeal no later than 30 days after the date they are advised of the Administrator’s decision.


Decision in appeal

14   The Minister’s decision in an appeal must be issued in writing and sent by registered mail no later than 60 business days after the date the Minister receives the appeal.


Location, Design, Construction, Equipment and Maintenance


Location, design, construction, equipment and maintenance requirements

15   (1)    Each operator must ensure that their body art facility meets the requirements in this Section and the criteria set out in the Standards.

 

       (2)    Each body art facility must be located, designed, constructed, equipped and maintained in a manner that is appropriate for the body art services being offered at the facility and that ensures all of the following requirements are met:

 

                (a)    the design and layout of the facility must allow for the facility to be appropriately maintained, cleaned and disinfected;

 

                (b)    there must be effective controls in place to prevent cross-contamination, as detailed in the Standards;

 

                (c)    high-contact surfaces in a procedure area, decontamination area or any other area must be made of smooth, non-absorbent and non-porous materials and able to withstand repeated cleaning and disinfection;

 

                (d)    there must be effective protection to prevent the access and sheltering of insects, rodents and other pests.

 

       (3)    Except as provided in subsection (6) for an operator with a Class 2 permit, each body art facility must have all of the following:

 

                (a)    lighting, electrical power and ventilation that are adequate for operating the facility and for the services being provided;

 

                (b)    an adequate supply of plumbed hot and cold potable water at adequate pressure and volume, with appropriate facilities to store and distribute the water, control its temperature and prevent backflow;

 

                (c)    at least 1 washroom, with each washroom meeting all of the following criteria:

 

                         (i)     it is adequately designed and equipped, as detailed in the Standards,

 

                         (ii)    it is located so that personnel and clients do not require passage through a procedure area or decontamination area,

 

                         (iii)   its walls, floors and equipment surfaces are smooth, non-absorbent and easily cleanable;

 

                (d)    waste disposal systems that are adequate for removing solid and liquid waste;

 

                (e)    adequate storage for clean and sterile instruments and for equipment, body art products and materials, including inks, chemicals and other supplies necessary to safely provide a body art service;

 

                (f)    adequate storage for personal items belonging to personnel;

 

                (g)    for any door or window that is to remain open during a body art service, a screen that

 

                         (i)     is constructed to cover the entirety of the opening, and

 

                         (ii)    has mesh capable of preventing pests from entering;

 

                (h)    a waiting area that is separate from the procedure area, storage area and decontamination area;

 

                (i)     a procedure area that complies with subsection (4);

 

                (j)     a decontamination area that complies with in subsection (5);

 

                (k)    walls, floors and ceilings.

 

       (4)    A procedure area must meet all of the following requirements:

 

                (a)    it must be separate from all of the following areas in the body art facility:

 

                         (i)     any area used for traffic flow, for retail sales or for any other activity that may result in cross-contamination of instruments, equipment, work surfaces or body art products,

 

                         (ii)    the waiting area required by clause (3)(h),

 

                         (iii)   the decontamination area required by clause (3)(j),

 

                         (iv)   any washroom as required by clause (3)(c);

 

                (b)    it must be large enough to ensure that the body art services being offered can be safely carried out;

 

                (c)    each of its wall, floor, counter, procedure chair, table and storage surfaces and any high-contact surfaces must be smooth, non-absorbent, free of open holes or cracks, cleanable and in good repair;

 

                (d)    it must provide unimpeded access, without the necessity of opening a door, to an adequately designed and equipped hand-wash station, as detailed in the Standards;

 

                (e)    it must be equipped for the body art services being offered and, in particular, must have all of the following:

 

                         (i)     a chair or procedure table that is capable of reclining,

 

                         (ii)    adequate counter and storage space,

 

                         (iii)   an alcohol-based hand-rub station at the point of service,

 

                         (iv)   if reusable instruments are used, a designated leak- and puncture-resistant container that is clearly labelled as a container to be used for instruments for reprocessing,

 

                         (v)    a sharps container for safe disposal of sharps at the point of service that meets the criteria outlined in the Standards Council of Canada’s standard CAN/CSA Z316.6-14 for sharps containers,

 

                         (vi)   a garbage receptacle.

 

       (5)    A decontamination area must meet all of the following requirements:

 

                (a)    it must be separate from all of the following areas in the body art facility:

 

                         (i)     any area used for traffic flow, for retail sales or for any other activity that may result in cross-contamination of instruments, equipment, work surfaces or body art products,

 

                         (ii)    the waiting area required by clause (3)(h),

 

                         (iii)   the procedure area required by clause (3)(i),

 

                         (iv)   any washroom area as required by clause (3)(c);

 

                (b)    each of its wall, floor, sinks, counters and high-contact surfaces must be smooth, non-absorbent, free of open holes or cracks, cleanable and in good repair;

 

                (c)    it must be appropriately equipped to ensure that, if required, instruments used to carry out body art services can be effectively cleaned and then disinfected or sterilized;

 

                (d)    it must be designed to have a 1-way work flow with distinct zones for dirty, clean and sterile instruments;

 

                (e)    it must be equipped with all of the following:

 

                         (i)     adequate counter and storage space,

 

                         (ii)    if instruments are to be sterilized, adequate space for preparing and packaging instruments for sterilization,

 

                         (iii)   a plumbed cleaning sink that is designated for cleaning instruments and equipment and is large enough so that the largest instrument or piece of equipment to be cleaned can be submerged,

 

                         (iv)   a sharps container as described in subclause (4)(e)(v),

 

                         (v)    an appropriately equipped and plumbed hand-wash station used only for handwashing and separate from a cleaning sink,

 

                         (vi)   an alcohol-based hand-rub station,

 

                         (vii)  a garbage receptacle.

 

       (6)    None of the following apply to an operator with a Class 2 permit:

 

                (a)    clause (3)(b) respecting a water supply;

 

                (b)    clause (3)(c) respecting washrooms;

 

                (c)    clause (3)(h) respecting a waiting area;

 

                (d)    clause (3)(j) respecting a decontamination area;

 

                (e)    the requirement in clause (4)(c) for a wall to be smooth, non-absorbent, free of open holes or cracks, cleanable and in good repair.


Additional requirements for permanent body art facility

16   (1)    In addition to the requirements of Section 15, a permanent body art facility must be contained in a permanent building with walls, a roof and a floor.

 

       (2)    An operator must ensure that a permanent body art facility located in the same building as a residential dwelling has a separate entrance and washroom, and is entirely separated by a solid partition from the residential dwelling.

 

       (3)    Each door connecting a permanent body art facility with any other type of establishment or any area used for human habitation must be solid and equipped with a self-closing mechanism.

 

       (4)    A permanent body art facility must have either

 

                (a)    a janitorial sink to be used for emptying wastewater from cleaning activity; or

 

                (b)    if there is no janitorial sink, a written procedure for maintaining sanitation using another sink.


Additional requirements for mobile body art facility

17   (1)    In clause (2)(b), “commissary” means any place in which body art supplies are safely stored.

 

       (2)    In addition to the requirements of Section 15, an operator of a mobile body art facility must ensure that the facility meets all of the following requirements with respect to location, design, construction, equipment and maintenance:

 

                (a)    the facility must be able to be moved;

 

                (b)    the facility must be operated by an operator of a permanent body art facility operated under a Class 1 permit or have a commissary in the Province that is accessible for inspection;

 

                (c)    the facility must have all of the following:

 

                         (i)     a liquid waste storage tank with a capacity that is 15% greater than the storage capacity for the facility’s on-board potable water,

 

                         (ii)    independent electrical power and potable water sources.


Additional requirements for temporary body art facility

18   (1)    In addition to the requirements of Section 15, each temporary body art facility must meet the following requirements:

 

                (a)    it must be located in a permanent building or a temporary enclosure that has all of the following:

 

                         (i)     an adequate number of washrooms for the public and personnel,

 

                         (ii)    an adequate number of hand-wash stations as described in clause 15(4)(d) that are accessible to personnel only,

 

                         (iii)   permanent or temporary walls or partitions, a roof and a floor,

 

                         (iv)   access to a potable water supply,

 

                         (v)    access to an equipment cleaning area as described in the Standards;

 

                (b)    it must be constructed so that the procedure area is separated from the public to protect the procedure area from cross-contamination and to prevent the public from being accidentally exposed to a body art service being carried out.

 

       (2)    A temporary body art facility operator must ensure that material and services are available in accordance with the Standards for each temporary body art facility they operate.


Operating Body Art Facility


Personnel policies and procedures

19   Each member of the personnel of a body art facility must meet all of the following requirements:

 

                (a)    they must be clean and sanitary and have good personal hygiene;

 

                (b)    they must refrain from any behaviour or practice that risks transmitting disease or causing bodily injury during a body art service.


Client awareness and after-care instruction

20   (1)    Before a body art service is carried out on a client, the operator or personnel of the body art facility must ensure the client is provided both verbally and in writing with client awareness and after-care instructions, as detailed in the Standards.

 

       (2)    An operator must ensure that the information provided under subsection (1) is not misleading.

 

       (3)    An operator must ensure that each client signs a client awareness form indicating they have read and understand the information provided under subsection (1).

 

       (4)    An operator must keep client awareness records, as detailed in the Standards.


Exposure response plan

21   (1)    An operator must have a written exposure response plan that includes procedures on how to respond to accidental exposures of all of the following types at the body art facility:

 

                (a)    puncture wounds or abrasions to personnel or clients;

 

                (b)    blood or body fluid contact with broken skin;

 

                (c)    blood or body fluid contact with eyes, nose or mouth.

 

       (2)    An operator must keep exposure response records, as detailed in the Standards.


Use of procedure area

22   (1)    An operator must ensure that the procedure area in their body art facility is not used for any purpose other than carrying out body art services.

 

       (2)    An operator must ensure that all body art procedures are carried out in a procedure area.


Person or persons in charge

23   (1)    An operator must ensure that there is a person or persons in charge of the premises at all times during which body art services are being offered or carried out.

 

       (2)    In subsection (1), “person or persons in charge” means a representative or representatives of the operator who oversee the operation of the body art facility.


Controlling Hazards


Infection prevention plan

24   (1)    An operator must have a written infection prevention plan that complies with any requirements determined by the Administrator and that includes practices and procedures for all of the following:

 

                (a)    disinfecting agents used in their body art facility, including their intended uses, concentrations and wet contact times;

 

                (b)    cleaning, disinfecting, sterilizing and maintaining instruments, equipment and surfaces used in the body art facility;

 

                (c)    maintenance schedules for instruments and equipment used in the body art facility;

 

                (d)    aseptic techniques and the use of routine practices when providing body art services or reprocessing;

 

                (e)    auditing the effectiveness of the plan in achieving the results set out in subsection (2).

 

       (2)    An infection prevention plan must be designed so that, when followed, all of the following will be achieved:

 

                (a)    appropriate maintenance of the body art facility and all instruments and equipment used;

 

                (b)    appropriate cleaning and disinfecting of the body art facility;

 

                (c)    appropriate cleaning and disinfecting and cleaning and sterilizing of instruments and equipment;

 

                (d)    appropriate management of waste generated by the body art facility;

 

                (e)    appropriate use of aseptic techniques and routine practices in carrying out body art services, including service set-up, service delivery, service tear-down and decontamination procedures.

 

       (3)    An operator must ensure that each member of the personnel of the body art facility follows the infection prevention plan.

 

       (4)    Each member of the personnel of a body art facility must follow the infection prevention plan.


Operator and personnel training

25   (1)    Each operator and each member of the personnel of a body art facility must successfully complete infection prevention training recognized by the Administrator.

 

       (2)    An operator must ensure that each member of the personnel of their body art facility, whether or not they carry out body art services, is trained in the practices and procedures set out in the facility’s infection prevention plan to the extent the operator determines to be necessary for the duties they perform.

 

       (3)    An operator or member of the personnel of a body art facility must provide confirmation that they have received the training required by subsections (1) and (2) to a public health inspector when requested.


Protective equipment for personnel

26   An operator must ensure that each member of the personnel of their body art facility is equipped, at a minimum, with all personal protective equipment specified in the Standards.


Instruments, equipment and body art product requirements

27   (1)    An operator must ensure that each instrument, piece of equipment and body art product used to carry out a body art service in their body art facility meets all of the following criteria:

 

                (a)    it is designed for use on humans;

 

                (b)    it is appropriate for the service being offered.

 

       (2)    An operator must ensure that each instrument, piece of equipment and body art product used to carry out a body art service in their body art facility is used in accordance with the following requirements:

 

                (a)    it must be maintained in good repair;

 

                (b)    it must be protected from cross-contamination.

 

       (3)    Any person carrying out a body art service in a body art facility must ensure that each instrument, piece of equipment and body art product used to carry out the body art service meets the criteria in subsections (1) and (2).


Instruments in mobile or temporary body art facility

28   (1)    Except as provided in this Section, only instruments that are specified in the Standards and that are purchased as disposable, single-use and pre-sterilized may be used to carry out body art services in a mobile body art facility or a temporary body art facility.

 

       (2)    An operator must keep the sterilization certificate required by Section 33 on the premises of their mobile body art facility or temporary body art facility for each purchased disposable, single-use, pre-sterilized instrument to be used in the facility.

 

       (3)    Subsection (1) does not apply to a mobile body art facility or temporary body art facility whose operator also operates a permanent body art facility in the Province that is equipped to reprocess reusable instruments, if the operator can demonstrate to the Administrator’s or a public health inspector’s satisfaction that all of the following requirements are met:

 

                (a)    reusable instruments used at the mobile body art facility or temporary body art facility must have been effectively cleaned and then disinfected or sterilized at the permanent body art facility;

 

                (b)    the operator must keep a copy of the sterilization log for the reusable instruments to be used at the mobile body art facility or temporary body art facility and make the log available to a public health inspector for review;

 

                (c)    the operator must establish a process for safely moving used instruments from the mobile body art facility or temporary body art facility back to their permanent body art facility for cleaning and sterilization;

 

                (d)    a back-up supply of purchased disposable, single-use, pre-sterilized instruments must be available at the mobile body art facility or temporary body art facility;

 

                (e)    the operator has sufficient sterile instruments for the time period proposed for the operation of the mobile body art facility or temporary body art facility.


Maintaining instruments, body art products and equipment

29   An operator and each member of the personnel of the body art facility must ensure that all of the following requirements are met for maintaining and using instruments and equipment to carry out a body art service at the body art facility:

 

                (a)    after each use and between clients, a reusable instrument or piece of equipment must be cleaned, then disinfected or sterilized;

 

                (b)    an instrument intended to break the skin or come in contact with broken skin must remain sterile until the point of use;

 

                (c)    jewelry placed in newly pierced skin must comply with all of the following:

 

                         (i)     it must be sterile,

 

                         (ii)    it must be free of nicks, scratches and irregular surfaces,

 

                         (iii)   it must be made of materials specified in the Standards;

 

                (d)    all sharps that are intended to break skin or mucous membranes must be purchased as disposable, single-use and pre-sterilized;

 

                (e)    all of the following must be discarded appropriately and immediately after being used:

 

                         (i)     an instrument or piece of equipment that is required to, but cannot because of its design, be cleaned and then disinfected or sterilized after each use,

 

                         (ii)    an instrument or piece of equipment that is specified single-use by its manufacturer;

 

                (f)    bulk body art products must be dispensed so as not to contaminate the bulk supply;

 

                (g)    an instrument, piece of equipment or high-contact surface that is used in carrying out a body art service and that cannot be submerged or sterilized, does not enter a body cavity and is not intended to be single-use must be covered with a disposable, impermeable protective barrier that is discarded after each use, and the instrument or piece of equipment must then be reprocessed and the surface cleaned, disinfected and sterilized, as detailed in the Standards;

 

                (h)    manufacturers’ instructions, manuals and operating procedures for any mechanical sterilizers, ultrasonic machines or any other mechanical equipment used for cleaning and sterilizing instruments must be kept at the body art facility and provided to a public health inspector when requested;

 

                (i)     for any mechanical sterilizer used at the facility, the manufacturer’s operational instructions must clearly state that the mechanical sterilizer

 

                         (i)     is suitable for the instruments intended to be sterilized,

 

                         (ii)    is suitable for packaged instruments,

 

                         (iii)   has a drying cycle, and

 

                         (iv)   is capable of being monitored for physical, chemical and biological parameters for each cycle or setting.


Testing and verifying cleaning and sterilization equipment

30   (1)    An operator must test equipment used to clean, disinfect and sterilize instruments and equipment used for body art services at their body art facility and verify that they are operating effectively and as intended.

 

       (2)    An operator must ensure that, for each mechanical sterilizer used at their body art facility, the testing and verification required by subsection (1) includes monitoring in accordance with the Standards for physical, chemical and biological parameters, as referred to in subclause 29(i)(iv).


Back-up plan for mechanical sterilizer failure

31   An operator must have a written back-up plan that sets out procedures to be followed if a mechanical sterilizer used at the body art facility fails.


Records


Records of cleaning and sterilization equipment testing and verification

32   (1)    An operator must ensure that records are kept of the testing and verification required by Section 30 for equipment used at their body art facility to clean, disinfect and sterilize instruments and equipment.

 

       (2)    The testing and verification records required by subsection (1) must include all of the following:

 

                (a)    records of appropriate testing and verification of any equipment used to clean and disinfect instruments and equipment;

 

                (b)    a sterilization log setting out the details specified in the Standards of the testing and verification of sterility required by Section 30 for mechanical sterilizers used to sterilize reusable instruments.

 

       (3)    In addition to the testing and verification records required by subsection (1), an operator must keep any records specified in the Standards respecting the cleaning and sterilizing of equipment.

 

       (4)    The testing and verification records required by subsection (1) and any records required by subsection (3) must be provided to a public health inspector when requested.


Sterilization certificate for pre-sterilized single-use instrument

33   (1)    An operator must ensure that a sterilization certificate for each single-use pre-sterilized instrument used at their body art facility is kept for 2 years.

 

       (2)    A sterilization certificate required by subsection (1) must include at least all of the following information:

 

                (a)    the manufacturer’s name;

 

                (b)    the method used to sterilize the instrument;

 

                (c)    the lot number or, if no lot number, the date the instrument was sterilized;

 

                (d)    the expiry date, if applicable.

 

       (3)    A sterilization certificate required by subsection (1) must be provided to a public health inspector when requested.


Client records

34   (1)    In this Section, “client record” means a record required by subsection (2) for each client of a body art facility.

 

       (2)    An operator must ensure that a record is kept for each client of their body art facility.

 

       (3)    A client record must include at least all of the following information:

 

                (a)    the name and civic address of the body art facility;

 

                (b)    the client’s contact information, including

 

                         (i)     full name,

 

                         (ii)    mailing address,

 

                         (iii)   phone number,

 

                         (iv)   any information specified in the Standards;

 

                (c)    for each body art service carried out for the client,

 

                         (i)     the name of the person who carried out the service,

 

                         (ii)    a description of the service, including the type and location of the body art,

 

                         (iii)   the date the service was carried out,

 

                         (iv)   information that links the client record to the sterilization lot number or date, or the equivalent information, for a sterilized instrument or piece of equipment used in carrying out the service,

 

                         (v)    the signed client awareness form required by subsection 20(3).

 

       (4)    An operator must keep a client record for at least 2 years after the date of the most recent body art service carried out for the client.

 

       (5)    An operator must provide a client record to a public health inspector when requested.


Personnel records

35   (1)    An operator must maintain the following information about each member of the personnel of their body art facility:

 

                (a)    full legal name;

 

                (b)    home address and home phone number.

 

       (2)    An operator must provide the information required by subsection (1) to a public health inspector on request.

 

 


 

Legislative History
Reference Tables

Safe Body Art Regulations

N.S. Reg. 39/2018

Safe Body Art Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Safe Body Art Regulations made under the Safe Body Art Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

39/2018

Feb 1, 2019

date specified

Mar 16, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

.........................................................

 

 

 

 

 

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.

 

 


Webpage last updated: 01-02-2019