Patrick McCarthy*
Piercology, Inc., Body Art Solutions

For the last three years, the state of Ohio has been rewriting its body art Rules and Regulations. Beginning in 2013, a number of body modification professionals, health inspectors, medical professionals, legal professionals, Ohio Department of Professional Personnel and more, set out with the purpose of reworking the outdated rules that had been put in place 18 years ago. The Association of Body Art Professionals was formed for the state of Ohio to take on this task. The association had piercers and tattoo artists from the four corners of the state, many of which were fellow APP Members.

Many people don’t realize that when you are dealing with the government and government agencies, you are dealing with two separate things: rules and regulations, and laws. These are two totally different animals. Laws are far more difficult to change and are usually written to be intentionally vague. Revisions or additions to laws must go through the House and Senate in the state and must be signed by the governor. Rules and regulations go into great detail and are usually written by a committee. Laws are set for the state level. However, most states allow local health departments and municipalities to go above the state’s laws in the rules and regulation procedures. For this reason, it is so important to understand what your local municipality requires, because many people, including public officials, don’t realize the significant difference in laws and rules and regulations. We have the issue of travelling artists being allowed to practice their craft in different states. It is like this in most states, however, some states do things a little differently. So make sure you understand how things work in your state, and any states that you may visit while working.

Going back 18 years, Ohio had some of the best body art laws in the nation, with matching rules and regulations. Because of this, many states set up their laws similarly to Ohio. I was fortunate enough to be involved in writing the laws way back then, and this made it a little easier to get involved in the changes this time. Due to the fact that they were previously so well written, the Ohio Department of Health (ODH) pretty much left the rules and regulations alone until 2 years ago. Unfortunately, due to the lack of evolution, the rules and regulations had become outdated.

Overhauling the antiquated laws and rules and regulations to reflect the incredible amount of advancement in our industry over that 18 year period was no easy task. Our committee met, on average, once or twice a month, for nine months going over all of the changes that needed to take place. During these meetings, we were able to address many changes that had occurred in our industry.

When originally written, it was stated that studios had to sterilize their own tools. In response to the evolution of pre-sterilized, disposable tools, we added the “Pre-Sterile” law, allowing artists in this state to use presterilized items. Up until this point, an artist was breaking the law if they used pre-sterilized tools. Most states have requirements that rules and regulations be looked at every few years so things like this don’t happen. But, as we all know, if things are working well they never get changed. So I urge each of you to make sure your state stays current with the progress happening in our industry.

The rules and regulations were written with extensive depth and specifications regarding things like quality of jewelry, detailed instruction on how to sterilize instruments, aseptic techniques for set-up and teardown, and even how documentation had to be kept. To ensure that the health inspectors in the state of Ohio were properly trained on the new changes that had taken place, we held back the roll out of the new rules and regulations for six months and offered training to them regarding all of the changes. These training classes were not only open to health inspectors, but also to people in the body art industry, free of charge. This was done so that they could learn how the changes in rules and regulations would affect their studios and to help them understand what changes needed to be implemented.

We taught ten classes throughout the state over a 6 week period with over three hundred health inspectors in attendance. These classes went into great detail regarding instruction for inspectors. We covered topics such as correct procedures for disinfecting and sterilizing, proper aseptic technique for both tattooing and piercing, what to look for in an exposure control plan, and what works and doesn’t work regarding aftercare. Information on industry standards tats was also discussed. We stressed the importance of inspectors observing procedures within the studios to ensure that artists know what they are doing.

The classes were quite successful and the participants enjoyed the opportunity to be in an interactive environment where they could ask questions. These were the first classes that had been offered to them strictly covering body art in the state of Ohio. We learned that making comparisons to the food industry allowed the inspectors to better comprehend the information being taught from that industry to ours. We were asked to record a final class session in a sound studio using the PowerPoint presentation. This prerecorded session is now used for training new inspectors. We were also invited to teach classes for inspectors at four conferences across the state.

I have maintained a great working relationship with ODH over the last 19 years of working with them. It is important to remember a few things when building and maintaining a working relationship with health departments and inspectors. As much as you may not like it, we are in their world, so dress accordingly. One of the biggest mistakes I’ve seen over the years, and why many in our industry don’t have a working relationship with their public departments, is the simple fact that they don’t dress up. Don’t expect to be seen as a professional if you show up to a meeting dressed in jeans and a tshirt. Also, don’t talk down to them; treat them as a peer. Health inspectors are just there to do their job and keep the public safe, so if they don’t understand everything in our profession, take the time to educate them. I think you will find that most inspectors welcome any knowledge you can offer them.

Most states have conferences to teach inspectors, and they are always looking for new classes. So feel free to ask your health departments if you might be able to help out and teach a class for them.

*Editor’s Note: Pat was also the APP’s first elected president.