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66mmpunch
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Quote 66mmpunch Replybullet Topic: Town Laws
    Posted: September/13/2010 at 12:56pm
I know that it matters depending on the town or state that u r from and practicing in but my question is for any artist doing procedure such as subdermal, trans dermal, ear lobe expansions, tongue splitting and things of that nature. I am as of now learing the basics of those bodt mods and more from a well known and respected artisr(rather not mention his name) but i was wondering if there is anywhere in the U.S. where these procedure r legal to preform. I have just been approved to preform magnetic impolants and genital beading in the town i work in but i dont know if the rest is going to fly. When i spoke with the board of health i only mentioned the sub and transdermals nothing else, seeing what there opinion was. They actually had no clue of these procedures but r going to look into it for me. I have no intention of preforming these as of yet but i am like i said in the process of learning, so i figured i would get the ball rolling. If they do deny me the right to practice, well then i wont in the shop but i will not stop working with this person, because this is what i love and i will relocate. Does anyone know of the laws or any state in which these can be practiced freely?
Pleasure in Pain
Taunton, Ma. 02780
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freakychild
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Quote freakychild Replybullet Posted: September/13/2010 at 2:30pm
on the whole, the laws at the state level specifically about those precise modifications are non-existant or cloudy... at best..

however, there are laws that prohibit the ownership and use of certain implements used to make those modifications... such as scalpels and the such...

i would first check on the state level for those types of laws...

secondly, most state allow great freedom to the county boards to enact their own laws and ordinances in the case of the body modification industry... such as, in georgia, the only laws on the state level are

1: no tattooing within one inch of the skull's eye socket if the tattooist is not a licensed physician
2: no tattooing under the age of 18
3: no piercing under the age of 18 without parental consent...


and that, is it...    though, counties (fulton, lagrange, bibb, and others) have set forth ordinances dealing specifically with the industry and not the gray areas provided by the state level...


mostly, as long as your state government hasn't set laws against certain procedures or use/ownership of implements, your county will be the one to do so...
work with them closely, provide a professional explanation of the procedures in question and ask for a ruling on the procedure...
as is the case with most counties, the board members will probably be resistant to such things... but, if you are a business that provides a valuable service, safe service, and are a contributor to the local economy they tend to relax... especially if you are a member of your county's small business alliance (or whatever they want to call it)


get your information, maintain your certifications BBP, Advanced First Aid, preventative inoculations, and any other thing you can think of (even if your state or county doesn't require them, like spore tests and APP certs) and prove that you are a professional in your field..... present all that in a professional way when before the board and you'll have a good shot...


past that, good luck


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66mmpunch
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Quote 66mmpunch Replybullet Posted: September/13/2010 at 3:18pm
I really thank you. I know that there is no laws in place as of yet where i work and to my knowlage there isnt another shop in the state providing these services. The director of the board of health told me today that she wouldnt have a problem because i do have all those certs. and the shop is an active member in the community but she has told me she must bring it in front of the board, which is a bunch of retired doctors. I know that using a scalpel in this area is considered a medical procedure, so that right there might shut me down, fingers crossed. So as of now i am preparing all of my info just so if i do have to present my case i will be ready. Any other info would be great, thanks again freakychild.
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freakychild
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Quote freakychild Replybullet Posted: September/13/2010 at 3:24pm
i agree that the use of scalpels may disallow you, on a legal level, to do such procedures...

i suspect that it might be possible to gain a ruling that the use of a scalpel for a subdermal implant or transdermal implant can be considered along with the use of a scalpel to produce a scarification...   it may be something to look into... of course, have it on paper from the board of health so that you wouldn't be liable to be prosecuted as practicing medicine without a license...


good luck again... we need more people that are willing to work with the lawmakers rather than bitching about how laws are fucked when they haven't done anything positive to change/make them...
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66mmpunch
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Quote 66mmpunch Replybullet Posted: September/13/2010 at 7:28pm
Thats a great idea about the scarification and i will deff use it. I believe i am going to have to go in front of them and i b elieve u might have giving the the leverage because i am already licensed for branding/scarification on my paperwork from the board of health, i do only branding but i will bring that up. If they say no, i wont argue and fight but like u said i am starting to work with the town on some things that meet in the middle. Ill let u know how it goes, once again thanks for the help!
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freakychild
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Quote freakychild Replybullet Posted: September/13/2010 at 10:37pm
this is something that user AlecTrosex has requested for me to post here... the text is as follows:


Subdermal implants are considered medical procedures in Massachusetts, and are prohibited.
The use of scalpels by body artists with proper permits is not prohibited in Massachusetts.
Scarification is legal in the state and there are state statutes regarding its practice.

http://www.mass.gov/Eeohhs2/docs/dph/environmental/sanitation/bodyart_model_regs.pdf



may i add that it may still be possible to skirt around those laws, and still stay legal if you procure a ruling from the county or state board of health and safety... though, with that law in place, it would be infinitely harder to do so...


Edited by freakychild - September/13/2010 at 10:39pm
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66mmpunch
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Quote 66mmpunch Replybullet Posted: September/14/2010 at 10:15am
Ahhh i see, well that def will make it a little harder. Its strange because in our packet of the laws it doesnt say that. But the regulations i have r for my town, which i know also have to fallow state laws. Well im perepared to go the distance and see what happens, and if i cant practice implants, so be it, ill find somewhere that i can. Thanx to u both.
Pleasure in Pain
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1-508-824-0302
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66mmpunch
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Quote 66mmpunch Replybullet Posted: September/20/2010 at 2:50pm
Ok so I went to the board of health today and as I expected from reading what u guys told me on here, the right to practice the 3D mods were denied, which is ok, I will not stop learning and will relocate if thats what it comes too, but moving on. If there is anyone on here that can give me some info on my other situation it would be very helpful....So I also do magnetic implants and genital beading and the shop that I currently work at, there board of health is also denying me the right to practice these procedures. Now I know that they consider the use of a scalpel to be a medical procedure and Im ok with that for the most part but I was taught to do both of these procedures with needles. The magnets...ok I can kind of see but the beading is just about done like a regular piercing except something is left in the channel and the channel completly closes. I didnt get mad with the board, they said I can request a hearing and Im going to, if not just to hear there reasoning, but is there anyone on here that has gone through the same or similar situation and has had a positive outcome. I brand and do minor scarification projects here which is legal, even though i use a scalpel.... anyone give me some advice or some info i can use....ie....the board of health in montana vs. mike smith  lmao
Pleasure in Pain
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1-508-824-0302
pleasureinpaintaunton.com
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