HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

PROPOSED APPEARANCE INDUSTRIES BYLAW Hearings Subcommittee

 

 

27 July 2020

 

 

 

Order Paper for the hearing to be held in the

Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,

on:

 

 

 

 

 

Monday 3 August 2020 commencing at 9.00am

 

 

The purpose of the hearing is to consider submissions on the Proposed Appearance Industries Bylaw.

 

 

 

Membership

 

Cr D Hislop (Chair)

 

Cr A Mitchell

Cr S Edwards

Cr B Dyer (alternate)

 

 

 

 

 

 

 

 

 

 

 

For the dates and times of Council Meetings please visit www.huttcity.govt.nz

 


HUTT CITY COUNCIL

 

PROPOSED APPEARANCE INDUSTRIES BYLAW Hearings Subcommittee

 

Hearing to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on

 Monday 3 August 2020 commencing at 9.00am.

 

ORDER PAPER

 

Public Business

 

1.       APOLOGIES 

2.       CONFLICT OF INTEREST DECLARATIONS            

          Members are reminded of the need to be vigilent to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

3.       Proposed Appearance Industries Bylaw (20/259)

Report No. HSC2020/3/13 by the Principal Policy Advisor                                3

   

 

 

 

 

 

 

 

Kate Glanville

SENIOR DEMOCRACY ADVISOR

 

 

  


                                                                                       3                                                        03 August 2020

Hearings Subcommittee

30 July 2020

 

 

 

File: (20/259)

 

 

 

 

Report no: HSC2020/3/13

 

Proposed Appearance Industries Bylaw

 

Purpose of this report

 

1.        The purpose of this report is to:

a)             Outline the process to follow when undertaking this hearing.

b)             Provide the information used in the public consultation process with respect to the Proposed Hutt City Appearance Industries Bylaw (“the Proposed Bylaw”) - see appendices 1 - 4.

c)             Provide a copy of all submissions received during public consultation - see appendices 5 – 13 and 18.

d)            Recommend changes with respect to the proposed Bylaw and Code of Practice for the Proposed Appearance Industries Bylaw Hearings Subcommittee (the Subcommittee) to consider - see appendices 16 and 17. 

e)             Outline the key issues raised in the submissions received and additional research undertaken. 

Recommendations

It is recommended that the Proposed Appearance Industries Bylaw Subcommittee:

 

(i)      notes the Summary and Statement of Proposal, attached as Appendices 1 and 2;

 

(ii)     notes the draft proposed Bylaw and draft proposed Code of Practice that was part of the special consultative procedure attached as appendices  3 and 4;

(iii)    agrees to accept and consider Emma Fraser’s late submission attached as appendix 14 to the report;

 

(iv)    considers the submissions received (attached as appendices  5 – 13 and 18);

 

(v)     considers the recommended changes to the Bylaw and Code of Practice attached as appendices 16 and 17;

 

(vi)    notes the key issues outlined in the report; and

 

(vii)   recommends to Policy, Finance and Strategy Committee on 7 September 2020 what, if any, changes should be made to the proposed Bylaw.

 

Background

 

2.            On 17 September 2019, Council agreed to undertake a Special Consultative Procedure with respect to the Proposed Appearance Industries Bylaw (the Proposed Bylaw).  The submissions period ran from 8 October to 11 November 2019.  

 

3.            There were nine written submissions received, and one late submission received on 22 February 2020.  The hearing was scheduled for 26 March but was postponed due to COVID-19. 

 

4.            When the hearing was rescheduled for 3 August, all submitters were asked to let us know if they wanted to update their submission and if they wanted to speak to their submission.  Only one submitter - Julie Martin – asked to update her submission.   No one wants to speak to their submission.

 

5.            There is one late submission.  Officers recommend that the Subcommittee accept and consider this submission which is attached as appendix 14.

 

6.            The Subcommittee is charged with fully considering the written submissions received and making recommendations to Council on the final content of the Proposed Bylaw.

 

 

 

 

 

 

Process used to consider and report on submissions received.

 

7.            Council received a number of detailed submissions on the Proposed Bylaw, primarily from those working in the Appearance Industries, making suggestions of specific/technical changes to the Proposed Bylaw.

 

8.            A working group of Council officers from Policy and Environmental Health and colleagues from Regional Public Health have considered the feedback and what, if any, changes should be made to the Proposed Bylaw in response.

 

9.            For clarity, the recommended changes are noted as ‘tracked changes’ in the documents attached as appendices 16 and 17.  Comment detailing which submission the change is in response to and, where relevant the rationale for the change, is also noted. Other recommended changes are based on further research by the Working Group and/or are technical changes.

Recommended changes and additions

10.        A full discussion of the key issues from submissions follows this summary of the recommended changes to the Proposed Bylaw.

 

11.        The recommended changes are:

a.      Industry education – officers consider this to be a necessary precursor and accompaniment to this Bylaw.  Masterton District Council, which has a similar bylaw, took this approach and found it to be successful in raising awareness of standards in the industry.

b.      A 12 month transition period - following Council adoption, there should be a 12 month transition period before the Bylaw comes into effect (see Clause 2).  This period will provide the time needed for officers to work with members of the Appearance Industry to increase their capability to:

                                                              i.       adapt their services to respond to the risks posed by inadequate cleaning/sterilisation practices; and

                                                            ii.      comply with the health and hygiene practices necessary to meet the standards required by the Proposed Bylaw. This training will be funded by existing budgets in Environmental Health

c.       Code of Practice - the main detail regarding specific standards to be complied with should be included in a Code of Practice attached to the Bylaw.  This approach provides the flexibility needed to respond in a timely way to new and emerging industry procedures to ensure the Bylaw remains relevant over time. Having to amend the Bylaw will not provide this flexibility (see Clause 7 B).

d.      Excluding extreme body modification procedures from the Bylaw.  They are viewed as being akin to surgical procedures and Council staff are not appropriately qualified to assess the standards of practice related to these procedures.

e.       Exempting traditional and contemporary Māori tattoos performed on a marae from this Bylaw.

 

12.         There is some legal risk attached to having the main detail regarding specific standards to be complied included in a Code of Practice rather than the bylaw. An argument could be made that as the Code of Practice is outside the bylaw and it is not enforceable as a breach of the bylaw because all the rules and requirements that people must comply with sit in the Code. 

 

13.         Auckland City has used the “Code of Practice approach” with its bylaw dealing with these issues since 2013 and officers have used their approach as a template to inform our work. https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/bylaws/Pages/health-and-hygiene-bylaw.aspx

 

14.         In officer’s view a balance needs to be found between council being able to respond in a timely way to developments in the industry vis a vis procedures used and removing the risk of legal challenge associated with using a Code of Practice approach.  A Code of Practice approach gives flexibility with a small risk of legal challenge.

 

Key issues

 

15.        It is important to remember when considering this matter that the purpose and scope of the Proposed Bylaw is to promote and protect public health. The Proposed Bylaw does this by requiring practitioners to maintain minimum health and hygiene standards.  The submissions received raised some key issues and these are noted below.   

Health Practitioners Competence Assurance Act 2003

16.        Health practitioners (doctors, nurses, medical laboratory technicians and scientists, chiropractors, dieticians, optometrists, physiotherapists, podiatrists, psychologists, medical radiation technologists) are regulated under the Health Practitioners Competence Assurance Act 2003. Ear piercing provided by a pharmacy licensed by the MOH is regulated.

 

17.        However other commercial services which include services that pierce the skin, services that risk breaking the skin and services that risk burning the skin; which are not carried out by one of the above groups, are not currently required to meet any minimum standard.  Refer to summary of legislation/Standards/Guidelines below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relevant legislation/Standards/Guidelines

Health Practitioners Competence 
Assurance Act  2003
                                                                        Central Government Legislation

 

Building Act 2004
Building Code
Health and Safety at Work Act 2015
Hazardous Substance and New Organisms Act 1996
Australian and NZ Standards
Industry Guidelines
 

 

 

 

 

 

 

 

 


                                                                               

 

 

Guideline/Standard

Included in COP as

Relevant to

NZS4304:2002. Management of Healthcare Waste

Required

All parts

NZS4173:2018. Safe Use of Lasers and Intense Light Sources in Health Care

Required

Part 5:Pulsed Light and Laser Treatment

St John’s or Red Cross first aid certificate or equivalent

Required

 

Additional standard

Part 3; Piercing of the skin

 

All other parts

NZS4301:1992. Non-reusable containers for the collection of sharp medical items used in health care areas

COP based on standard

All parts

NZS4187:2003 Cleaning, disinfecting and sterilizing reusable medical and surgical instruments and equipment.

COP based on standard

All parts

 The Prevention of Legionellosis in New Zealand: Guidelines for the control of legionella bacteria (Ministry of Health 2011).

Additional standard

All parts

Guidelines for the safe piercing of skin. MOH1998

Additional standard

Part 3; Piercing of the skin

 

Tattoo and Permanent Makeup Substances Group Standard. The Environmental Protection Agency (EPA)

Additional standard

Part 3B; Tattooing

Electrical Safety Regulations

Additional regulation

Part 5: Pulsed Light and Laser Treatment

Safe Use of Lasers and Intense Pulsed Light Equipment 2003 (UK)

Additional guideline

Part 5: Pulsed Light and Laser Treatment

NZS 3130:1995

Approval and test specification - Beauty therapy equipment

 

Additional standard

Part 5: Pulsed Light and Laser Treatment

NZS 3200.2.22:1997

Approval and test specification - Medical electrical equipment - Particular requirements for safety - Diagnostic and therapeutic laser equipment

 

Additional standard

Part 5: Pulsed Light and Laser Treatment

NZS 3760:2010

In-service safety inspection and testing of electrical equipment

 

Additional standard

Part 5: Pulsed Light and Laser Treatment

 

Inconsistent understanding of hygienic practice

18.        There is an inconsistent understanding of hygienic practice; including differentiation between disinfection and sterilisation, within the commercial services not covered by the Health Practitioners Competence Assurance Act 2003.

 

Twelve month transition

 

19.        Regional Public Health’s report -  The ‘Survey of Knowledge and Infection Control Practices in Salons Offering Nail Services – reveals a lack of understanding within the industry of the potential health risks posed by the procedures these businesses perform.  There is also little understanding of the processes necessary to prevent/minimise these risks. 

 

20.        Officers’ view is that industry education is a necessary precursor and accompaniment to this Bylaw to raise awareness and understanding of the impact of potential health risks and the need to mitigate these through the standards required in the Proposed Bylaw.  Masterton District Council, which has a similar bylaw, took this approach and found it to be successful.

 

21.        Clause 2 of the Proposed Bylaw currently notes when the Proposed Bylaw is to come into effect.  Officers recommend that, following Council adoption, there is a 12 month transition period before the Bylaw comes into effect.  This 12 month period will provide time for Council Environmental Health officers to hold workshops for members of the Appearance Industry to work together to make sure they understand the risks posed by inadequate cleaning/sterilisation practices as well as the health and hygiene practices that will be necessary to meet the standards outlined in the Proposed Bylaw. This training will be funded by existing budgets in Environmental Health.

 

22.        There are approximately 80 Appearance Industry businesses in Lower Hutt. Officers consider that a 12 month period will give adequate time to hold a number of workshops to ensure all interested Lower Hutt businesses have an opportunity to attend.  After that 12 month period has passed, licensing as per the Bylaw can commence.

 

23.        The impact of Covid-19 will be considered when preparing for these workshops. It is vital, however, that industry practitioners are trained and understand their responsibilities under the Bylaw.

 

Framework of proposed Bylaw and Code of Practice

 

24.        The industries covered in this Proposed Bylaw are dynamic. The procedures they carry out and the way in which these procedures are performed change and evolve over time and at pace. The standard Bylaw review process too inflexible to allow council to respond quickly to changing circumstances to ensure the Bylaw remains relevant.

 

25.        The main detail regarding specific standards is contained in the Code of Practice rather than the Bylaw.  This allows the Code of Practice to be amended by Council resolution instead of requiring a full Bylaw review. This approach is the best way to ensure Council can respond in a timely way to new and emerging industry procedures as necessary.

 

26.        The Code of Practice can be changed as outlined in Clause 7 B of the Proposed Bylaw. The first section of this clause has been amended to make it clear what process Council should follow.

 

Extreme Body Modification

 

27.        Extreme body modification in this context refers to procedures such as transdermal implants. Following significant consideration of the most appropriate approaches with regard to these procedures, officers recommend that they be excluded from the Proposed Bylaw. The reason for excluding extreme body modification procedures is that they are viewed as being akin to surgical procedures and Council staff are not appropriately qualified to assess.

 

28.        Officers propose changing the wording of the body and skin piercing definitions to provide a clearer distinction between specified skin piercing services e.g. acupuncture, tattooing, including body piercing; and body piercing itself which is a subgroup of skin piercing.

 

29.        This distinction is proposed as a way of excluding extreme body modification procedures from the Bylaw. It will mean that any process that includes inserting an adornment anywhere on the body which would need further surgery to remove will not be covered by the Bylaw.

 

·               Body piercing means a practice of piercing the skin for decorative purposes, inserting jewellery or implants to alter the appearance of the skin

 

Is changed to

 

·               Body piercing means piercing of the skin for the purpose of inserting an adornment which upon healing can be safely removed without assistance”.

AND

 

·               “Skin piercing means a practice involving piercing, cutting and puncturing the skin or any other part of the human body and includes such services as acupuncture, body piercing, derma rolling/stamping, electrolysis, extractions, red vein treatment, tattooing, and traditional tools tattooing.”

 

Is changed to

 

·               Specified skin piercing services means any skin piercing such as body piercing, tattooing, traditional tools tattooing, electrolysis, extractions, derma rolling/stamping, red vein treatment, acupuncture.”

 

Traditional Tattooing

 

30.        Clause 3.3 of the Statement of Proposal outlines the approach recommended with respect to traditional tattoos, including traditional Pacific and Māori tattooing.  Traditional and contemporary Māori tattoos performed on a marae will be exempt from this Bylaw.

 

Traditional Pacific tattooing

 

31.        Traditional Pacific tattoos will be covered by the proposed Bylaw. The rationale for this decision is:

 

·            Evidence of multiple life threatening incidences following traditional Pacific tattoos occurring locally;

·            The absence of a governing authority equivalent to a marae; and

·            The absence of legal requirements such as those accorded to traditional Maori tattoos under Te Tiriti o Waitangi.

 

32.        At the pre-consultation phase contact was made with Pacific Health at the DHB concerning this proposal. Staff at Pacific Health advised that most Pacific Islanders wanting traditional Pacific tattooing either went to Auckland or to the Pacific Islands e.g. Samoa, to have this done.

 

33.        When the Proposed Bylaw was released calling for submissions officers contacted Pacific Health to arrange to meet and consult with either a group called together by Pacific Health using their networks or any individuals they felt may wish to discuss the proposed bylaw.

 

34.        Pacific Health advised it would get in touch with their networks to encourage them to look at the proposed bylaw and perhaps make submissions from there.  If there were any questions about this proposal contact was going to be made with Council Officers in the first instance.  No submissions were received concerning this proposed approach to traditional Pacific tattooing.  A follow up to Pacific Health confirmed it had also not received any feedback.

 

Traditional Māori tattooing

 

35.        As stated at paragraph 22 above, officers are proposing that traditional and contemporary Māori tattoos performed on a marae be exempt from this Bylaw.

 

36.        After the formal submission period closed, officers were concerned that Council had not received any submissions from our Māori community regarding the proposal to exempt tattoos performed on the marae. The Youth Council also mentioned their concern about the lack of submissions from our Māori community in their submission.  (Refer Appendix 10).

 

37.        Officers worked with Councils Kaitakawaenga Kaupapa Māori to determine the most appropriate way to ensure our Māori community, including all local marae and iwi, had an additional opportunity to provide any feedback they may have on the proposed approach. 

 

38.        Following the advice of Kaitakawaenga Kaupapa Māori, approximately 50 individuals/organisations were emailed explaining what Council is proposing and asking for any feedback (see appendix 15). No submissions or feedback was received.

Further changes recommended by Officers

39.        Further research has been undertaken by officers in response to the submissions received.  This is outlined below.  The proposed changes to the proposed Code of Practice are technical in nature.  There is also a summary of issues raised by two submitters - Julie Martin and Emma Fraser – that are also commented on by officers.  

Response to Submission from Julie Martin, NZBPT’s submission rewrite to amendments made by Hutt City Council 3/8/20”

 

Issue

Staff comment

  1. Errors in technical wording and misunderstanding of the words sterilised and sanitised

The word sanitised has not been used in COP, we have used disinfect.

RPH and EHO have had input into proposed COP and felt the wording was appropriate.

  1. Poor understanding and function of equipment used in industry

Discussed with Julie Martin and EHO from Auckland CC. Agreed that industry changes rapidly and officers will need to keep up to date.

  1. Electric nail files should not be used on natural nails

 

Discussed with Julie Martin and agreed that this can be covered during inspections.

  1. Steri cabinets could be overloaded

Officers agreed this is something that can be covered during inspections.

  1. Fees and travel time charges

 

       6 – 11. Qualifications

Discussed with Julie Martin. Agreed the training available varies widely and using the proposed wording will allow for officers to consider the appropriateness of the training considering the level of risk involved.

      12. Prerequisite additional  hygiene   certificate

Discussed with Julie Martin. Currently unaware of any appropriate hygiene certificate. Council staff will run hygiene workshops.

Response to issue discussed with Julie Martin - phone conversation 13/07/2020.

 

Issue

Staff comment

3(52) All operators must obtain specific written medical consent to undertake electrolysis or red vein treatment:

(a)  for the removal of hair from moles or the inside of ears or nostrils; and

on any customer who uses a Cochlear implant, or who has metal plates or pacemakers inserted in their body.

 

The submitter questioned this saying they regularly remove hair from nostrils and ears and also perform electrolysis on people with metal plates provided the plate isn’t in the area of treatment.

Discussed with Dr Annette Nesdale, RPH. Recommend reword as,

 

“medical consent required for the removal of hair from moles; and on any customer who uses a Cochlear implant, pacemaker, or who has a metal plate within the area of treatment.” 

 

Response to Submission from Emma Fraser

 

Issue

Staff comment

  1. Shellac is a brand name and should not be referred to as it could lead to potential commercial gains for the brand and that specific company.  The word "Shellac" should be replaced with "Gel polish" which is not brand specific. 

 

Agreed and recommend Shellac replaced with Gel Polish.

  1. Has no reference to minimum training requirements therefore unqualified people can perform these services

As above, the training available varies widely and using the proposed wording will allow officers to consider the appropriateness of the training considering the level of risk involved.

  1. National Certificate in Electrology superseded by NZ cert of Beauty Therapy.
  2. How does the operator gain 12months commercial industry experience without operating? 

Neither are relevant as the training section has been removed and replaced with;

Staff training

       2(19) No person shall allow or carry out any prescribed process unless they hold a recognised qualification, where a recognised qualification is available for the process. A recognised qualification may include a nationally or internationally recognised training standard, NZQA unit standard, or industry training organisation. An exemption will be applied to any person under the direct supervision of someone who holds the said qualification

 

Response to discussion with EHO from ACC

 

Issue

Staff comment

  1. Remove part 3E, (46-48). No longer relevant.

 

Discussed with Julie Martin. Re-usable Derma rollers not considered best practice in industry as needles become blunt. COP 3 ( V14) requires all other needles to be single use disposable, therefore recommend removing this for consistency.

  1. Some of the NZ standards referred to are obsolete.

 

Recommend removing all standards from Interpretation section as using the full name of standard within text where required.

  1. Neither operators nor EHO’s are aware of what is in some of the standards mentioned.

Recommend removal of mention to some standards and replace with plain English, see further adjustments below.

 

Technical adjustments

Code of Practice

Change COP2019 to COP2020.

Pg4. Para 3. Remove Health Protection Licence from lines 3 & 4.

Pg11. Update document title to: The Prevention of Legionellosis in New Zealand: Guidelines for the control of legionella bacteria (Ministry of Health        2011).

Pg17. 2(18). Update document title to: NZS4304:2002. Management of Healthcare Waste.

Pg18. The Labour Group Of MBIE needs updating to WorkSafe.

Pg21. 3(10)Remove words, ‘sterile barrier’ and change to ‘method to’ as in comment SVM18.

Pg22. 3(17)(c). Remove as a, b &d cover this.

Pg22. 3(18)(a). Remove NZS4261:1994 and replace with ‘disposed of into an impact resistant, non-penetrable, sealable sharps container’.

 (as this is easier for operators than having to look up the standard. )

Pg23. 3(19). Remove and replace with ‘All operators must demonstrate that they have made appropriate arrangements to dispose of sharps and bio hazard waste’. (Justification as above)

Pg26. Change Labour Group to WorkSafe

Pg56. (a), (b), (c) need crossed out as are a continuation of previous page

Pg58. Remove NZS4173:2004 as this is a required standard not additional.

           Remove 2010 from Electrical Safety Standards

Bylaw

Summary refers to Bylaw 2020, but Bylaw title is Bylaw 2019. Change to match.

2. Commencement. One indent does not line up.

4. Interpretation.  Extra square bullet point needs to be removed.

7.c. Remove  “A licence is personal to the holder and is not transferable.”  And add  “An application to transfer a licence is required where a business changes hands.

There are several changes proposed in the interpretation section of COP which will need updated in Bylaw should they be accepted in COP.

 

Appendices

No.

Title

Page

1

Appendix 1 Summary of Proposal – Appearance Industris Bylaw.

17

2

Appendix 2 Statement of Proposal - Appearance Industries Bylaw

18

3

Appendix 3 Proposed Bylaw - prepared for public consultation Nov 2019

26

4

Appendix 4 Proposed Code of Practice - prepared for public consultation Nov 2019

41

5

Appendix 5 Submission to The Appearance Industries Bylaw - Sophia and Claudine Stace

85

6

Appendix 6 Submission to The Appearance Industries Bylaw - Janet Lewin on Behalf of The Ministry of Health

86

7

Appendix 7 Submission to The Appearance Industries Bylaw - Demelza O'Brien on Behalf of Regional Public Health

99

8

Appendix 8 Submission to The Appearance Industries Bylaw - Caleb Clayton on Behalf of Sumi Tattoo

102

9

Appendix 9 Submission to The Appearance Industries Bylaw - Suanne Galmuzina on behalf of Galmuzina Corporation

105

10

Appendix 10 Submission to The Appearance Industries Bylaw - Willow Bailey & Hannah Stewart on Behalf of Hutt City Youth Council

110

11

Appendix 11 Submission to The Appearance Industries Bylaw - Julie Martin Beauty Therapist, Electrologist and Thermologist

115

12

Appendix 12 Submission to The Appearance Industries Bylaw - Ruth Nicholoson on Behalf of NZ laser Training

169

13

Appendix 13 Submission to The Appearance Industries Bylaw - Katherine Hailstone on behalf of NZ hair and Beauty Industry Training Organisation

177

14

Appendix 14 Submission to The Appearance Industries Bylaw - Emma Fraser - [LATE]

179

15

Appendix 15 Letter to Maori whanau for further consultation on traditional tattoo exemption

183

16

Appendix 16 Proposed Appearance Industries Bylaw - Code of Practice - with tracked changes.

185

17

Appendix 17 Proposed Appearance Industries Bylaw - with tracked changes

245

18

Appendix 18 Submission to Appearance Industries Bylaw - Julie Martin NZ Board of Professional Skin Therapies - updated submission 30th June 2020.

260

 

 

 

 

Author: Graham Sewell

Principal Policy Advisor

 

 

 

 

 

Reviewed By: Dean Bentley

Team Leader Environmental Health

 

 

 

Reviewed By: Wendy Moore

Head of Strategy and Planning

 

 

 

Reviewed By: Bradley Cato

Chief Legal Officer

 

 

 

Approved By: Helen Oram

Director Environmental and Sustainability

 

 

 

Approved By: Anna Welanyk

Director Transformation and Resources

 


Attachment 2

Appendix 3 Proposed Bylaw - prepared for public consultation Nov 2019

 

Summary – HUTT city council APPEARANCE INDUSTRIES Bylaw 2020

 

The purpose of making this proposed new Hutt City Council Appearance Industries Bylaw 2020 is to promote and protect public health by requiring those people and premises providing services of:

·    Beauty enhancement therapy treatments which includes nails and waxing;

·    Skin and body piercing; and

·    Tattooing

to comply with minimum standards around sterilisation and hygiene which reduce the risk of injury, transference of communicable diseases such as Hepatitis B and C, HIV/Aids, viral, bacterial or fungal skin or wound infections.

The bylaw will apply throughout the district of Hutt City Council.

The focus of the proposed bylaw is the creation of a licensing process to assess the type of service(s) being provided and then determine if the service is being provided according to the relevant public health standards. 

Hutt City Council is seeking submissions on the proposed bylaw.  The full statement of proposal to make the proposed Bylaw is attached to this summary of information, along with a submission form.  It is also available at:

§  the Hutt City Council Administration Building, 30 Laings Road, Lower Hutt, Libraries and on the Council Website www.huttcity.govt.nz.

 

Submissions open on Tuesday 8 October 2019 and close at 4.00pm on Monday 11 November 2019.  

 


STATEMENT OF PROPOSAL:  APPEARANCE iNDUSTRIES bYLAW

 

1.      Introduction

 

Hutt City Council propose to create a new Hutt City Council  Appearance Industries Bylaw 2020 (“proposed Bylaw”).

This Statement of Proposal has been prepared in accordance with section 86 of the Local Government Act 2002 (the LGA 2002) and provides information about the review process and whether it is appropriate to have an Appearance Industries Bylaw f within the district of Hutt City Council.

2.      Background

2.1     Relevant legislation

 

Part 8 of the LGA 2002 provides powers for local authorities for the making of bylaws.  The Act contains general bylaw making provisions and provisions that are specific to bylaws.

References to “the Council’s” in this Statement of Proposal is a reference to the Hutt City Council, as the context requires.

Ministry of Health

The Council has been have been advised recently that the Ministry of Health (MoH) is undertaking a review of legislation for Tattooist, Skin Piercers, Beauty Therapists and Hairdressers – known as the appearance industries. 

A large part of this MoH project has focused on reviewing the current bylaws and legislation in New Zealand, along with talking to those within the industry themselves for feedback. An example of this is a specific questionnaire that was recently sent out to some tattooists for their thoughts about the current state of their industry. 

MoH have advised that a paper will be presented to Cabinet outlining the feasibility of national legislation for appearance industries. If Cabinet agrees, public consultation will follow allowing for even more specific feedback to be collected and the drafting of legislation started.

MoH advised that any legislation dealing with this issue would be about four to five years away. Due to this timing MoH advised the Council’s that work on a proposed Appearance Industries bylaw should continue as planned.        

3.      Local Government Act 2002

3.1     Relevant legislation

Under sections 159 and 155, the creation of a bylaw must take the form of a consideration of the matters that the Councils are normally required to consider before making a bylaw.

The Council must determine whether a bylaw is the most appropriate way of addressing the perceived problem.  If so, the Council must determine whether the proposed Bylaw is the most appropriate form of bylaw, and whether the proposed Bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990 (“NZBORA”).  No bylaw can be inconsistent with the NZBORA.  In developing a bylaw, the Council must use the special consultative procedure set out in section 83 and comply with the procedures in section 148.

Under section 145, the Councils may make bylaws for its district with the purposes of:

a.       protecting the public from nuisance;

b.       protecting, promoting, and maintaining public health and safety;

c.       minimising the potential for offensive behaviour in public places.

The proposed Appearance Industries Bylaw 2020 can be viewed by visiting the Council website:

www.huttcity.govt.nz 

3.2     The perceived problem

 

Unlike many overseas countries there is no law in New Zealand that regulates the appearance industry. It is up to local councils to set minimum standards in regulations that apply to the businesses operating in their local authority area.

MoH have advised national legislation isn’t expected to be in place for four or five years. However the MoH has indicated their support for the Councils to create an Appearance Industries Bylaw.

Regional Public Health

RPH did a survey of nail and beauty salons the greater Wellington region, including the Hutt Valley.  They found very few operators who provide manicure and pedicures were completing all the steps to adequately clean, disinfect and sterilize equipment that cuts or pierces the skin.

While many operators have good policies and practices to prevent clients getting infections or cuts, other operators do not.  In some situations operators are not aware that the way they have been doing things is no longer best practice.

An article in the Australian and New Zealand Journal of Public Health, written by Regional Public Health staff in 2011, details two cases of life threatening cellulitis (one with necrotising fasciitis) related to traditional Samoan tattooing which occurred in Lower Hutt. A survey conducted as part of this research - a survey of regional general practitioners and emergency departments over a six month period - found that in addition to the two cases detailed in the article there had been another eight cases of cellulitis occurring locally resulting from traditional Samoan tattoos in this six month period[1].

ACC statistics

Injury data from ACC for the Hutt Valley provides evidence that appearance industry services continue to cause health problems.  Over the past four years (2016 – to June 2019) ACC recorded on average 23 new claims per annum and on average, for the same period of four years, 46 active claims. A ‘new’ claim is a claim counted by the date the claim was registered either immediately after the injury occurred or at a later stage.  Active claims are claims that generated a payment in the relevant calendar year.  Active claims can have payments made against it in multiple years.

Evidence indicates that there is a problem with appearance industry businesses operating in ways that cause health problems for customers. This means that an Appearance Industries bylaw is consistent with the provisions in the LGA 2002 relating to the Councils’ bylaw-making powers.  The Councils’ consider that it is necessary to have an Appearance Industries bylaw for the purposes of:

§  protecting, promoting and maintaining public health and safety (section 145(b));

The Council therefore propose to regulate the appearance industries by way of the proposed Bylaw.  The proposed Bylaw is intended to ensure adequate controls and monitoring are in place to meet the public’s expectation that both Councils will perform their role in protecting, promoting and maintaining public health and safety in the Hutt Valley.

3.3     Most appropriate way to address the perceived problem

Non-regulatory

The Bylaw is proposed because non-regulatory methods like voluntary compliance and education cannot be relied on to address the perceived problem.  Educative measures may not reach everyone, nor may they provide an effective deterrent to everyone.  In these circumstances, the activities have an effect on the general public which means it is necessary for the Council to have a greater ability to enforce its policies and practices. 

Traditional/ Cultural tattoos

Following further research into both documented medical cases of serious incidents following traditional (Pacific) tattoos and the analysis and findings of Auckland Council’s review of their bylaw and approach they have taken, our proposed approach is to follow Auckland Council’s approach and exclude traditional Maori tattoos, for example Ta Moko, which are performed under the authority of a marae and include all other traditional tattoos (including traditional Pacific tattoos) in this proposed bylaw.

This decision to exempt traditional Maori Tattoos that are undertaken under the authority of a marae has been made in recognition of our partnership with iwi and our obligations under Te Tiriti o Waitangi, in recognition of Traditional Maori tattoos such as Ta Moko as taonga. While we acknowledge the cultural significance of traditional Pacific tattoos for Pacific people, we have made the initial decision to include traditional Pacific tattoos in this proposed bylaw on the basis of: multiple life threatening incidences following traditional Pacific tattoos occurring locally; the absence of a governing authority equivalent to a marae; and the absence of legal requirements such as those accorded to traditional Maori tattoos under Te Tiriti o Waitangi obligations

Other regulatory options

Currently there are no regulatory provisions in place to cover the range of services undertaken by the Appearance Industry.  The Council consider that it would be appropriate to make the proposed Bylaw in order to address the perceived problem. 

The Council considers that while most of the provisions in the Bylaw have the potential to be covered by common law remedies, such as the tort of public nuisance and the tort of negligence, it is preferable for the Council to retain provisions in the Bylaw for these matters.  It is procedurally more complicated for the Council to bring proceedings in tort than to bring proceedings for breach of a bylaw.

The proposed Bylaw may provide the Council with an alternative prosecution option in cases where the Bylaw is breached, depending on the circumstances.

In summary, the Council does not consider that non-regulatory actions are able to address the perceived problem to the extent necessary.  In addition, other measures may not be appropriate in every instance. Council considers that the proposed Bylaw is the most appropriate way to address the perceived problem. 

3.4     Most appropriate form of bylaw

The proposed Bylaw addresses the perceived problem by preventing a number of unwanted consequences resulting from appearance procedures by regulating for the provision of acceptable health and hygiene standards.

The proposed Bylaw is flexible and allows for changing circumstances to be recognised.  In some instances, the Council must take into account several matters specified by the Bylaw in the exercise of the Council’s discretion, for example, as outlined in the Codes of Practice. 

The Code of Practice is attached to but separate from this proposed Bylaw. This separation allows the Code of Practice to be amended as appropriate via a Council resolution, rather than needing to undergo a full review of the Bylaw. This gives it the necessary flexibility to recognise that procedures and techniques emerge and evolve quickly in the appearance industry.

Council will consider whether it is necessary to consult with specified persons with respect to certain matters e.g. industry groups.

The proposed Bylaw clearly states the Council’s position by stating whether an activity is permitted or prohibited.  The proposed Bylaw sets out what action needs to be taken to comply with it, for example, whether prior written permission of the Council is required.  It also sets out some considerations that will be taken into account in granting consents.

The proposed Bylaw reflects a number of both Council’s existing policies and practices, and also reflects community goals that have been identified by the Councils.

This Bylaw is in line with the Bylaws of other Territorial Local Authorities (TLAs) who have established bylaws in the absence of national regulation in order to ensure the health and safety of their communities when undertaking procedures or treatments form appearance industries. TLAs with similar Bylaws include: Auckland Council, Dunedin City Council, Invercargill City Council (proposed), Masterton District Council, Napier District Council, New Plymouth District Council, Ruapehu District Council, South Taranaki District Council, South Wairapa District Council, Timaru District Council, Waimate District Council and Waitomo Distict Council. Additionally Wellington City Council is currently considering developing a similar bylaw.

The proposed Bylaw is therefore the most appropriate form of bylaw.  It clearly states the Councils position on each issue, how the Bylaw can be complied with, reflects the Councils existing policies and practices, and addresses the perceived problem.

3.5     NZ Bill of Rights implications

The Council must determine whether the proposed Hutt Valley Appearance Industries Bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990 (NZBORA).  

The existing Bylaw could potentially limit freedom of expression under the New Zealand Bill of Rights Act 1990 (section 14). “Expression” can be any activity that attempts to convey meaning.  Nearly all human activity can be classified as expression since “most human activity combines expressive and physical elements” (Irwin Toy Ltd v Attorney-General [1989] Quebec 1 SCR 927). Services such as tattoo, body piercing, scarification and other body modification may convey meaning. While the Bylaw requires operators to be licensed and comply with minimum standards, it does not limit the public’s access to these services. The Bylaw only controls the methods used to carry out these services to meet health protection goals.

Would any limitations be justifiable under the Act?

The proposed Bylaw could potentially limit freedom of expression, this limitation is considered justifiable. For a limitation to be “demonstrably justifiable in a free and democratic society” it must serve a sufficiently important purpose to justify the limitation. Hansen v R [2007] 3 NZLR 1 (SC) provides that the limitation must:

·    be rationally connected to its purpose

·    not limit the right or freedom more than necessary to achieve the purpose

·    be proportionate to the importance of the objective.

The purpose of the Bylaw is to promote and protect public health. There is evidence that serious harm can be caused if services covered by the Bylaw are not performed competently or hygienically. The limitations on services directly relate to the Bylaw’s health protection objectives.

The conclusion is there was no obvious infringement of, or implications in respect of, any of the civil or political rights under Part 2 of the New Zealand Bill of Rights Act 1990. 

4.      The Bylaw review

The proposed Hutt City Appearance Industries Bylaw 2020 is a new bylaw, based on the following codes of practice and discussion with members of local Appearance Industries and industry groups through our pre-consultation process, alongside with extensive and ongoing involvement and input from Regional Public Health. The content that was developed during the development of this bylaw is summarised below.

4.1     Explaination of the proposed Bylaw content

In general terms the proposed bylaw addresses the perceived problem (as outlined in 3.2 above) by regulating the Appearance Industries by or on behalf of Hutt City Council and Upper Hutt City Council.  The following outlines the rational for the inclusion of each section in the proposed bylaw. 

Proposed clause  1.  Title

This section states the title of this bylaw.

Proposed clause  2.  Commencement

The purpose of this clause is to state the date in which the bylaw will come into force

Proposed clause 3.  Application

This clause is to establish the areas this proposed bylaw will cover.

Proposed clause 4. Purpose

The purpose of this clause is to ensure the purpose of the proposed bylaw is clear.

Proposed clause  5.  Interpretation

This clause is proposed so the meaning of the terms used in the proposed bylaw is clear.

Proposed clause 6. Regulation of certain services for health protection

The purpose of this clause is to outline the services allowed subject to minimum standards; services requiring a licence; restricted services; and exemptions.

Proposed clause 7. Controls and licences

The purpose of this clause is to outline the Health protection code of practice; the procedure for making a code of practice; and the Health protection licences.

Proposed clause 8. Controls and licences enforcement powers, offences, penalties

The purpose of this proposed clause is to outline the relevant legislation that authorises council to establish this proposed bylaw.

Proposed clause 9. Fees payable

The purpose of this clause is to outline the proposed fees and how these fees may be changed.

The Hutt City Council Appearance Bylaw serves the both Upper Hutt City Council and Hutt City Council.  The day to day management and enforcement of the bylaw is undertaken by Hutt City Council.  

4.2     Fees

Fees and charges are set by Council resolution.  This is done through the Councils’ Long Term Plan, Annual Plan or other suitable process in accordance with the LGA 2002.

 

 

 

 

 

 

 

5.      Process for the development of the proposed bylaw

The special consultative procedure will end 4.00pm on Monday 11 November. 

Hearings and meetings on the proposed bylaw will be open to the public, and people may speak to their submissions at the relevant committee meeting.

The proposed bylaw will then be referred to Hutt City Council for consideration and adoption.

 

 


Attachment 3

Appendix 3 Proposed Bylaw - prepared for public consultation Nov 2019

 

PROPOSED HUTT CITY COUNCIL APPEARANCE INDUSTRIES BYLAW

Bylaw made under section 145 of the Local Government Act 2002 and section 64 of the Health Act 1956.


CONTENTS

1.           TITLE............................................................................................................................................................ 3

2.           COMMENCEMENT...................................................................................................................................... 3

3.           APPLICATION.............................................................................................................................................. 3

4.           PURPOSE..................................................................................................................................................... 3

5.           INTERPRETATION...................................................................................................................................... 4

6.           REGULATION OF CERTAIN SERVICES FOR HEALTH PROTECTION.................................................... 7

A.      services allowed subject to minimum standards................................................................................... 7

B.      services requiring a licence...................................................................................................................... 7

C.      restricted services...................................................................................................................................... 8

D.      exemptions.................................................................................................................................................. 9

7.           CONTROLS AND LICENCES.................................................................................................................... 10

A.      health protection code of practice....................................................................................................... 10

B.      procedure for making a code of practice............................................................................................. 11

C.      health protection licences...................................................................................................................... 11

8.           CONTROLS AND LICENCES ENFORCEMENT POWERS, OFFENCES, PENALTIES............................ 12

A.      compliance with the bylaw..................................................................................................................... 12

B.      bylaw breaches........................................................................................................................................ 12

C.      related information................................................................................................................................. 13

9.           FEES PAYABLE......................................................................................................................................... 14

10.         RELEVANT LEGISLATION........................................................................................................................ 15

 


1.    TITLE

This proposed bylaw is the Appearance Industries Bylaw 2019.

 

2.    COMMENCEMENT

This bylaw will come into force on (TBC). Existing operators will have a 12 month transition period with which to meet the proposed standards.

 

3.    APPLICATION

This bylaw applies to the Lower Hutt District and Upper Hutt District

 

4.    PURPOSE

PRELIMINARY PROVISIONS

(1)     The purpose of this bylaw is to promote and protect public health by

(a)       requiring certain services with the following health risks to comply with minimum standards, including

(i)        any commercial service that pierces the skin or tissue;

(ii)        any commercial service that risks breaking the skin or tissue;

(iii)       any commercial service that risks burning the skin or tissue;

(iv)       any tattooing or traditional tools tattooing that has recognised cultural significance;

(b)       requiring a licence for certain services, including

(i)         any commercial service that pierces the skin or tissue;

(ii)        any commercial service that risks breaking the skin or tissue;

(iii)       any commercial service that risks burning the skin or tissue; or

(iv)       any tattooing or traditional tools tattooing that has recognised cultural significance.


5.    INTERPRETATION

In this bylaw, unless the context otherwise requires, -

(1)          In this bylaw, unless the context otherwise requires

Acupuncture means a practice involving the insertion of filiform (very narrow) needles through the skin and tissues for the intended purpose of alleviating ailments or injuries.

Body piercing means a practice of piercing the skin for decorative purposes, inserting jewellery or implants to alter the appearance of the skin.

Commercial ear-piercing means a practice of piercing the ear for decorative purposes, inserting jewellery or implants to alter the appearance of the skin.

Commercial service means a service (whether from permanent premises, temporary premises or mobile premises) provided by one or more persons for another person for monetary payment or any other consideration.


Council means the governing body of the Hutt City Council, Upper Hutt City Council or any person delegated to act on its behalf.

Customer or client means a person on whom a service is being, or is to be, carried out.

Derma rolling / stamping means a practice of using micro needles to create tiny punctures in the skin intended to stimulate growth factors to enhance collagen production and better alignment of the collagen fibres.

Electrolysis means a practice involving the insertion of a sterilised needle into individual hair follicles to the root. An electric impulse is passed through the needle to the root area to aid in the removal of hair.

Exfoliation means a practice that intends to remove dead skin and can be performed using microdermabrasion, physical peels that have an abrasive action and chemical peels such as glycolic or enzyme.

Extractions means a practice for the removal of comedones (blackheads), pimples and ingrown hairs by manipulating the pores of the skin, either with fingertips or a tool, to remove sebum. Some extractions can involve penetration of the skin using sharp equipment such as a metal tool or lance.

Eyeball Tattooing means a practice of piercing any part of the eye (including but not limited to the sclera and surrounding tissues) and inserting pigments, dyes or any object.


Hair removal means the removal of hair by waxing (pulling the hair from the skin using soft wax, hot wax or glucose); threading (lifting the hair out from the follicle by entwined thread); or tweezing (grasping hairs and pulling them out of the skin, including epilation - a mechanical means of tweezing).


Health practitioner means a person who is, or is deemed to be, registered under the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession.

Laser treatment means a practice involving the use of a laser device, which amplifies light and usually produces an extremely narrow beam of a single wavelength (one colour), intended to remove hair or for skin photo-rejuvenation.

Licence means a licence, permit or approval to do something under this bylaw and includes all conditions to which the licence is subject.

Manager means

 

(a)        a person who has effective control over operators; or

(b)       if no person meets the description in (a), manager has the same meaning as operator.

Manicure means beautification or enhancement of the hands and fingernails, including shaping and polishing.

Mobile premises means any location other than a permanent premises where any service is undertaken on an ongoing and regular basis by any person.

Operator means a person who carries out a service.

Pedicure means beautification or enhancement of the feet and toenails by shaping and polishing toenails and exfoliation of skin or tissue from the feet.

Permanent premises means any land, dwelling, storehouse, warehouse, shop, cellar, yard, building, or part of the same, or enclosed space separately occupied where any service is undertaken on an on-going and regular basis by any person. All lands, buildings, and places adjoining each other and occupied together are deemed to be the same premises.


Pulsed light means a practice using a powerful flash of broad spectrum, non- coherent light intended to remove hair and/or for skin photo-rejuvenation, and may include but is not limited to Intense Pulsed Light and Variable Pulsed Light.

Red vein treatment means a practice of piercing a vein with a needle along the length of a damaged capillary, causing little dams or blockages along the vessel.

Skin is included in the definition of tissue and means the outer surface covering the body and is made up of the outer epidermis, middle dermis and deep subcutaneous tissue.

Tattooing means a practice of making indelible marks in human skin or tissue by inserting pigments or dyes into punctures made in the skin or tissues.

Tattooing includes the process known as pigment implantation permanent makeup, microbladding and micropigmentation


Temporary premises means any location where any service is undertaken by any person on an irregular basis and the primary purpose of that location is not ordinarily the provision of that service.

Tissue means a collection of similar cells that together carry out a specific function. It includes connective tissue, such as blood, bones and ligaments, muscular tissue, nervous tissue, membranes and skin.


Traditional tools tattooing means a practice of making indelible marks in the human skin or tissue by inserting pigments or dyes into punctures made in the skin or tissue using tools that are culturally traditional in structure and used in procedures such as moko, tatau, uhi or any other traditional tattooing practice that has recognised cultural significance.

(2)       Related information does not form part of this Bylaw and may be inserted, changed or removed without any formality.

(3)       The Interpretation Act 1999 applies to this bylaw.

 

6.    REGULATION OF CERTAIN SERVICES FOR HEALTH PROTECTION

A.  SERVICES ALLOWED SUBJECT TO MINIMUM STANDARDS

 

(1)        The operator of any of the following services must comply with relevant standards set by the council in a code of practice made under clause 10

(a)        any commercial service that pierces the skin or tissue, including but not limited to tattooing, traditional tools tattooing, body piercing, acupuncture, electrolysis, extractions, red vein treatment, or derma rolling;

(b)       any commercial service that risks breaking the skin or tissue, including but not limited to hair removal, manicure, pedicure, or exfoliation;

(c)        any commercial service that risks burning the skin or tissue, including but not limited to pulsed light, or laser treatment;

(d)       any tattooing or traditional tools tattooing that has recognised cultural significance but not undertaken under the authority of a marae.

 

B.  SERVICES REQUIRING A LICENCE

 

(1)        This clause applies to the following services -

(a)        any commercial service that pierces or risks piercing the skin or tissue, including but not limited to, tattooing, traditional tools tattooing, body piercing, skin modification acupuncture, electrolysis, extractions, red vein treatment, or derma rolling;


(b)       any commercial service that risks breaking the skin or tissue, including but not limited to, hair removal, manicure, pedicure, or exfoliation;

(c)        any commercial service that risks burning the skin or tissue, including but not limited to, pulsed light, or laser treatment; or

(d)       any tattooing or traditional tools tattooing that has recognised cultural significance and is not undertaken under the authority of a marae.

(2)        The manager of any service to which this clause applies must -

(a)        obtain a licence from the council before commencing operation; and

(b)       hold a valid and unexpired licence from the council at all times that the commercial service is offered;

(c)        conspicuously display a copy of a valid licence at the principal entrance or reception of any permanent premises or mobile premises in full and unobscured view to the satisfaction of the council; and

(d)       ensure operators carry a copy of a valid licence on their person at all times when providing a service at a temporary premises and show the licence to the customer prior to providing a service.

 

C.  RESTRICTED SERVICES

 

(1)      

Commercial services that pierce the eyeball (including eyeball tattooing) are prohibited unless undertaken by appropriately qualified health practitioners covered by the Health Practitioners Competence Assurance Act 2003 in the practice of their profession.

(2)     Commercial services requiring or using prescription medicine must be undertaken by appropriately qualified health practitioners covered by the Health Practitioners Competence Assurance Act 2003 in the practice of their profession.

(3)     Due to the risks associated with dermal filler procedures. This procedure must be undertaken by appropriately qualified health practitioners covered by the Health Practitioners Competence Assurance Act 2003 in the practice of their profession.

(4)     Commercial services which use heel blades or razors to cut or shave thickened skin may only be undertaken by appropriately qualified health practitioners covered by the Health Practitioners Competence Assurance Act 2003 in the practice of their profession.


D.  EXEMPTIONS

 

(1)       Clauses 6 and 7 do not apply to

(a)        any commercial service undertaken by health practitioners covered by the Health Practitioners Competence Assurance Act 2003 in the practice of their profession;

(b)       acupuncture undertaken by members of the New Zealand Register of Acupuncturists or members of the New Zealand Acupuncture Standards Authority;

(c)        commercial ear-piercing services undertaken in a pharmacy licenced by the Ministry of Health.


(2)      

Ko ngā mahi moko a te kaitāmoko me whakamana e tētahi marae roto i te rohe o Te Kaunihera o Tāmaki Makaurau he ai ki te tikanga Māori ka noho wātea i ngā here o tēnei ture ā-rohe. Heoi anō me whaiwhakaaro tonu pea te marae ki te itinga rawa o ngā paerewa takinga ā-mahi i raro i te whiti 10, me te whakawhāiti i te roanga o te e mau ai te whakamana.

 

 

 

7.    CONTROLS AND LICENCES

A.  HEALTH PROTECTION CODE OF PRACTICE

 

(1)          The council may make, amend or revoke a code of practice about any services in clause 6.

(2)       Every code of practice adopted under (1) may specify

(a)        minimum standards for the operation of those services, including (but not limited to):

(i)        operator conduct, training and qualifications;

(ii)        premises construction, facilities and maintenance;

(iii)       equipment, supplies and products used;

(iv)       cleaning, sterilisation and disposal of waste products;

(v)       customer age restrictions, consent and after care advice;

(vi)       record keeping; and

(b)        recommended best practice for the operation of those services.


B.  PROCEDURE FOR MAKING A CODE OF PRACTICE

 

(1)          The council must, before making, amending or revoking a code of practice in clause 10

(a)        comply with the requirements under Subpart 1 of Part 6 of the Local Government Act 2002.

(b)       consult with

(i)         medical officers of health in the Hutt Valley region; and

(ii)        any affected operators;

(c)        be satisfied that

(i)         the standards are the minimum necessary to ensure that the purpose of the Bylaw will be met; and

(ii)        the recommendations for best practice (if any) are appropriate.

(d)       have regard to

(i)         the feasibility and practicality of effecting a transition from current practices to new practices and any adverse effects that may result from such a transition; and

(i)         any other matters considered relevant by the council.

(2)       A code of practice made, amended or revoked under subclause (1) must be publicly notified.

 

C.  HEALTH PROTECTION LICENCES

 

(1)          The Council may make controls and set fees for the following matters with respect to any licence required by clause 7

(a)       applying for a licence, including forms and information;

(b)       assessing an application for a licence, including inspection;

(c)        granting or declining an application for a licence;

(d)       the conditions that may be imposed on a licence;

(e)        the duration of the licence;

(f)        objecting about a decision to decline a licence, including the objection period;

(g)       objecting about a condition of a licence, including the objection period;

(h)        conducting inspections to ensure that a licence and its conditions are complied with;


 

(i)         reviewing a licence or its conditions;

(k)        refunding or waiving fees;

(l)         suspending or cancelling a licence; and

(m)       objecting about a decision to suspend or cancel a licence, including the objection period.

(2)        At the discretion of the council and having regard to any controls made under subclause (1), licences may be declined, or granted subject to any conditions.

(3)        If no controls are made about the duration of a licence under subclause (1)(e), a licence has a duration of 12 months from the date granted.

A licence is personal to the holder and is not transferable.

 

8.    CONTROLS AND LICENCES ENFORCEMENT POWERS, OFFENCES, PENALTIES

A.   COMPLIANCE WITH THE BYLAW

 

(1)       The council may use its powers under the Local Government Act 2002 and the Health Act 1956 to enforce this bylaw.

(2)       Without limiting subclause (1), any person authorised by the council to undertake inspections under this Bylaw may take or remove a sample or thing for analysis, for the purpose of determining whether or not this Bylaw is being complied with.

 


 

B.   BYLAW BREACHES

 

(1) A person who fails to comply with this Bylaw commits a breach of this Bylaw and is liable to a penalty under the Local Government Act 2002 or the Health Act 1956.

 

DOC/19/…. October 2019                               Page 12 of 15


 


Proposed Hutt City Council Appearance industries bylaw


 

 

C.  RELATED INFORMATION

 

A person who is convicted of an offence against a bylaw can be:

-     fined a maximum of $20,000 under the Local Government Act 2002 (section 242, as reprinted on 1 July 2018)

-     fined a maximum of $500 under the Health Act 1956 (section 66, as reprinted on 2 March 2016)

-     where the offence is continuing, fined a maximum of $50 every day the offence continues under the Health Act 1956 (section 66, as reprinted on 2 March 2016)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Proposed Hutt City Council Appearance industries bylaw

 

PART 2 FEES

 

9.    FEES PAYABLE

 

There are three costs which can be charged under this bylaw

 

1.   An annual registration fee will be in the vicinity of $240, which is comparable to fees charged by other councils. The registration fee will cover administration costs, maintaining a database of businesses and an annual inspection by our environmental health staff of up to one hour (including travel time). For businesses with ‘dual registration’ i.e. a hair and nail salon, the annual registration fee will be in the vicinity of

$320. The registration fee will cover administration costs, including maintaining a database of businesses and an annual inspection by our environmental health staff of up to one and a half hours (including travel time).

 

2.   Annual inspections by our environmental health staff that take more than the above times will be charged an hourly rate which will be around $160 per hour.

 

3.   Investigations of justified complaints may also incur a fee based on the above hourly rate.

 

4.   Fees may be changed by Council resolution.

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Proposed Hutt City Council Appearance industries bylaw

 

 

10.   RELEVANT LEGISLATION

 

Local Government Act 2002

Part 8 of the Local Government Act 2002 provides powers for local authorities for the making of bylaws. The Act contains general bylaw making provisions and provisions that are specific to bylaw

www.legislation.govt.nz

Health Act 1956

Section 64 of the Health Act provides powers for local authorities for the  making bylaws for the following relevant matters:

a. Improving, promoting, or protecting public health, and preventing or abating nuisances:

t. Prescribing the sanitary precautions to be adopted in respect of any business or trade

S64 applies

 

 

 

 

 

 

 


Attachment 4

Appendix 4 Proposed Code of Practice - prepared for public consultation Nov 2019

 

 

 

 

 

 

 

 

 

 

Contents

Introduction                                                                                                                                    3

Interpretation                                                                                                                                  4

Part 1                                                                                                                                             8

Minimum Standard 1A: Permanent Premises                                                                             8

Minimum Standard 1B: Mobile or Temporary Premises                                                            11

Part 2                                                                                                                                           13

Minimum Standard 2: Operator Conduct                                                                                  13

Part 3                                                                                                                                           16

Minimum Standard 3: Piercing of the Skin                                                                               16

Minimum Standard 3A: Body Piercing                                                                                     23

Minimum Standard 3B: Tattooing                                                                                             24

Minimum Standard 3C: Traditional Tools Tattooing                                                                 26

Minimum Standard 3D: Acupuncture                                                                                        29

Minimum Standard 3E: Electrolysis, Red Vein Treatment and Derma Rolling /

Stamping                                                                                                                                 31

Part 4                                                                                                                                           33

Minimum Standard 4: Risk of Breaking the Skin                                                                       33

Minimum Standard 4A: Hair Removal                                                                                       35

Minimum Standard 4B: Manicure / Pedicure                                                                             37

Minimum Standard 4C: Exfoliation                                                                                           40

Part 5                                                                                                                                           47

Minimum Standard 5: Pulsed Light and Laser Treatment                                                 47


 

Introduction

 

This Code of Practice seeks to protect public heath in regards to the operation of commercial services that pose an associated health risk to any persons using or accessing their services, products or business operation. The Code sets minimum standards of hygienic and safe practices with regard to the way premises are constructed, equipped and maintained, and in regard to the way operators conduct themselves when providing services. It includes recommendations for best practice to encourage standards of care in addition to minimum standards.

Services that involve piercing the skin carry public health risks to do with the transference of blood-borne diseases and viral, bacterial or fungal infections from breaking or abrading the protective epidermal layer. Other services may be unlikely to puncture the skin but involve contact with skin or bodily fluids, or immersion in communal waters, and carry a public health risk of transferring bacterial and viral infections. Services that involve application of light to the body have the potential to burn the skin and carry a health risk of damage to DNA and longer term skin conditions, including skin cancer, as well as risks associated with abrading the protective epidermal layer. It is risks such as these which warrant council intervention to ensure such services are carried out in a hygienic and safe manner.

The minimum standards are made under the Health and Hygiene Bylaw. Failure to meet a minimum standard is a breach of the Health and Hygiene Bylaw or a Health Protection Licence, and is an offence under the Local Government Act 2002 and Health Act 1956. Penalties may include cancellation or suspension of a Health Protection Licence or a Court fine of up to $20,000.

The recommendations for best practice in this code are included to encourage higher standards of hygienic and safe practices. Adoption of best practice is voluntary.

This Code of Practice has been developed in accordance with the Local Government Act 2002. This has included consultation with:


 

Interpretation

 

In this code of practice, unless the context otherwise requires,—

 

 

Acupuncture means a practice involving the insertion of filiform (very narrow) needles through the skin and tissues for the intended purpose of alleviating ailments or injuries.

AS 2773.1: 1998 means the Australian standard for ultrasonic cleaners for health care facilities- non-portable.

AS 2773.2: 1999 means the Australian standard for ultrasonic cleaners for health care facilities.

AS/NZS 2635: 2008 means the Australian and New Zealand standard for solaria (sun- bed) for cosmetic purposes.

AS/NZS 3500.1: 2003 means the Australian and New Zealand standard for plumbing and drainage – water services.

AS/NZS 3500.2: 2003 means the Australian and New Zealand standard for plumbing and drainage – sanitary plumbing and drainage.

AS/NZS 3500.4: 2003 means the Australian and New Zealand standard for plumbing and drainage – heated water services.

AS/NZS 4031: 1992 means the Australian and New Zealand standard for non-reusable containers for the collection of sharp items used in human and animal medical applications.

AS/NZS 4173: 2004 means the Australian and New Zealand standard for the safe use of lasers in health care.

AS/NZS 4187: 2003 means the Australian and New Zealand standard for cleaning, disinfecting and sterilising reusable medical and surgical instruments and equipment, and maintenance of associated environments in health care facilities.

AS/NZS 4261: 1994 A1 means the Australian and New Zealand standard for reusable containers for the collection of sharp items used in human and animal medical applications: Amendment 1.

Body piercing means a practice of piercing the skin for decorative purposes, inserting jewellery or implants to alter the appearance of the skin.

Cleaning means the physical removal of dirt, blood and other such substances from surfaces by washing in detergent and warm water to reduce the number of micro- organisms.

Commercial service means a service (whether from permanent premises, temporary premises or mobile premises) provided by one or more persons for another person for monetary payment or any other consideration.

Communicable disease means any infectious disease, and any other disease declared by the Governor-General, by Order in Council, to be a communicable disease for the purposes of the Health Act 1956.

 


 

Council means the governing body of the Hutt City Council or any person delegated to act on its behalf.

Cupping means a form of traditional Chinese medicine that involves placing cups containing reduced air pressure (suction) on the skin, most commonly on the back, intended to release muscle tension through stimulated blood flow.

Customer or client means a person on whom a service is being, or is to be, carried out.

Disinfection means the killing of disease causing micro-organisms except bacterial spores.

Derma rolling / stamping means a practice of using micro needles to create tiny punctures in the skin intended to stimulate growth factors to enhance collagen production and better alignment of the collagen fibres.

Electroylsis means a practice involving the insertion of a sterilised needle into individual hair follicles to the root. An electric impulse is passed through the needle to the root area to aid in the removal of hair.

Exfoliation means a practice that intends to remove dead skin and can be performed using microdermabrasion, physical peels that have an abrasive action and chemical peels such as glycolic or enzyme.

Extractions means a practice for the removal of comedones (blackheads), pimples and ingrown hairs by manipulating the pores of the skin, either with fingertips or a tool, to remove sebum. Some extractions can involve penetration of the skin using sharp equipment such as a metal tool or lance.

Eyeball tattooing means a practice of piercing and part of the eye (including but not limited to the sclera and surrounding tissues) and inserting pigments, dyes or any object.

Hair removal means the removal of hair by waxing (pulling the hair from the skin using soft wax, hot wax or glucose); threading (lifting the hair out from the follicle by entwined thread); or tweezing (grasping hairs and pulling them out of the skin, including epilation

- a mechanical means of tweezing).

Health practitioner means a person who is, or is deemed to be, registered under the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession.

Instrument means any appliance, implement, needle or tool, of metal or non-metallic construction, which may come into contact with the skin or tissue on which the service is being carried out. It must also include any swab or dressing applied to the broken skin surface.

Laser treatment means a practice involving the use of a laser device, which amplifies light and usually produces an extremely narrow beam of a single wavelength (one colour), intended to remove hair or for skin photo-rejuvenation.

Manicure means beautification or enhancement of the hands and fingernails, including shaping and polishing.

Massage means a practice of applying lotion, or soft wax, or stones, or pressure to another person’s face or body.

Mobile premises means any location other than a permanent premises where any service is undertaken on an ongoing and regular basis by any person.


 

Moxibustion means a traditional Chinese medicine technique that is used in conjunction with Acupuncture intended to facilitate healing and involves the heating of individual acupuncture points or regions of the body by burning the herb Artemisia close to or on the inserted needle.

NZS 4304: 2002 means the New Zealand Standard for the management of healthcare waste.

Operator means a person who carries out a service.

Pedicure means beautification or enhancement of the feet and toenails by shaping and polishing toenails and exfoliation of skin or tissue from the feet.

Permanent premises means any land, dwelling, storehouse, warehouse, shop, cellar, yard, building, or part of the same, or enclosed space separately occupied. All lands, buildings, and places adjoining each other and occupied together are deemed to be the same premises.

Pulsed light means a practice using a powerful flash of broad spectrum, non coherent light intended to remove hair and/or for skin photo-rejuvenation, and may include but is not limited to Intense Pulsed Light and Variable Pulsed Light.

Red vein treatment by needle means a practice of piercing a vein with a needle along the length of a damaged capillary, causing little dams or blockages along the vessel.

Skin piercing means a practice involving piercing, cutting and puncturing the skin or any other part of the human body and includes such services as acupuncture, body piercing, derma rolling/stamping, electrolysis, extractions, red vein treatment, tattooing, and traditional tools tattooing.

Sterilised, in relation to an instrument or like article or container, means subjecting an instrument, article or container to a process, as a result of which all organisms and their spores present on the surfaces of the instrument, article or container are killed.

Tattooing means a practice of making indelible marks in human skin or tissue by inserting pigments or dyes into punctures made in the skin or tissues. Tattooing includes the process known as pigment implantation and permanent makeup.

Temporary Premises means any premises used for a service or any area set up for not more than 5 days to undertake a service.

 

Traditional Tools Tattooing means a practice of making indelible marks in the human skin or tissue by inserting pigments or dyes into punctures made in the skin or tissue using tools that are culturally traditional in structure and used in procedures such as ta moko, Tatau, uhi or any other traditional tattooing practice that has recognised cultural significance.


 

Part 1

Premises

 

Introduction

How premises used for specified commercial services are constructed, equipped and maintained can reduce risks to public health.

 

 

Part 1A Permanent Premises

 

The minimum standards contained in this part of the code aim to ensure that permanent premises are kept in clean and hygienic conditions to reduce risk to public health.

 

Minimum Standard 1A: Permanent Premises

Compliance with bylaws and building legislation

1(1) The premises must be well constructed in accordance with the bylaws of the council and in accordance with any applicable provisions of the Building Act 2004, the Resource Management Act 1991, the New Zealand Building Code and Building Regulations;

Fit for purpose

1(2) The premises must be constructed, designed and arranged so as to be fit and suitable for its intended purposes;

Repairs and cleanliness

1(3) The premises and all fittings, fixtures and appliances in the premises must be maintained in a state of good repair and in a clean and tidy condition, and free from any accumulation of rubbish or other materials that may harbour vermin or insects or that may become offensive or a nuisance;

1(4) Any structural alterations, repairs, renovations, plumbing, or drainage work that may be undertaken or required must be carried out without unnecessary delay;

Walls, floors, ceilings, fixtures and fittings

1(5) The walls, ceilings, fixtures and fittings in any area connected with the carrying out of any specified service must be capable of being easily cleaned, and must be maintained in good repair. If the walls are liable to be wetted or fouled, they must be constructed of impervious material;

Wet areas

1(6) All floors, walls, ceilings and other surfaces in and around showers, pools, steam rooms, and other areas liable to get moist or wet, including any room containing a toilet, bidet or urinal must be smooth, impervious and capable of


 

being easily cleaned and floors must be adequately graded and drained to the requirements of the New Zealand Building Code;

1(7) All floors and walls that become wet must be cleaned with a suitable disinfectant at least once in every 24 hours;

Water supply

1(8) All premises must be supplied with potable running water;

Ventilation

1(9) All parts of the premises must be adequately ventilated to the requirements of the New Zealand Building Code;

Lighting

1(10) All parts of the premises must be provided with a lighting system capable of providing adequate illumination to facilitate cleaning and inspection. Lighting of not less than 300 lux, at a distance 900mm above the floor, must be provided at all working surfaces adjacent to every place where customers are attended to and where instruments and tools are cleaned and sterilised;

Toilet and wash-hand basin

1(11) Any toilet and wash-hand basin must be easily accessible, hygienic, clean and tidy, and equipped with a piped supply of hot and cold tempered running water, soap and adequate hand drying facilities must be provided near toilets, bidets or urinals to the requirements of standard G1 of the New Zealand Building Code;

1(12) All toilets and changing rooms must be regularly checked and cleaned throughout operating times;

Wash-hand basin

1(13) A wash-hand basin supplied with a constant supply of hot and cold water, or tempered running water at a temperature of not less than 38 degrees Celsius, soap, and single-use disposable paper towels or other approved hand-drying equipment must be provided in a readily accessible position where any operator carries out any specified service;

1(14) The place where the wash-hand basin is situated must be such that it cannot become directly contaminated by the splashing of contaminants from the use of any basin provided in accordance with Minimum Standards 1(15) or 1(16) below;

Cleaner's basin

1(15) A cleaner's basin equipped with a constant supply of hot and cold tempered running water must be provided on the premises for the sole purpose of being used in connection with cleaning of the floors, walls and similar fixed parts of the premises. The cleaner's basin must not be used except for such purpose;

Skin piercing equipment basin

1(16) All premises undertaking specified services that pierce the skin must have suitable basins in addition to the basins in Minimum Standards 1(13) and 1(15)


 

for the cleaning of skin piercing equipment;

1(17) The requirement for a cleaner's basin or skin piercing equipment basin as specified in Minimum Standards 1(15) and 1(16) may be waived if the council thinks it is unnecessary because of the nature of the service being carried out;

Sterilisation facilities

1(18) All premises undertaking specified services that pierce the skin must provide a separate area or room for the purposes of cleaning and sterilising of equipment. This area must have good lighting, ventilation and be capable of being easily cleaned;

1(19) Ultrasonic cleaners must be kept separately to sterilisation facilities and have a designated contamination area;

Mattresses, squabs and cushion covers

1(20) All mattresses, squabs and cushions used on any chair, bed, table or the like, used in conjunction with the carrying out of a specified service must be provided with permanent impervious covers that are easily cleaned;

Staff facilities

1(21) Members of the staff must be provided with a separate room or suitable facilities for the storage of clothing and personal effects.

 

Additional Standards

In addition to the minimum standards above, several other legislative acts, guidelines and codes of practice are also relevant:

·      The Building Act 2004 stipulates how buildings are to be designed and constructed, to ensure that people who use buildings can do so safely and without endangering their health.

·      The New Zealand Building Code (Schedule 1 of the Building Act 1992) sets out how a building and its components must perform. The Building Code addresses health issues such as external and internal moisture, hazardous agents on site, substances and processes, personal hygiene facilities, laundering facilities, ventilation, internal temperature, adequate lighting, provision of clean and hot water and adequate waste facilities.

·      New Zealand Guidelines for the Control of Legionellosis further aims to ensure public health and safety by setting guidelines to reduce the potential of an outbreak of Legionnaires disease.


 

Part 1B

Mobile or Temporary Premises

 

The minimum standards contained in this part of the code aim to ensure that mobile and temporary premises are set-up in clean and hygienic conditions to reduce risk to public health.

The separation of mobile and temporary premises from permanent premises recognises that it may not be possible to maintain the same standards as a permanent premises, and that the health risks may be greater due to a lack of control over the conditions.

 

Minimum Standard 1B: Mobile or Temporary Premises

Fit for purpose

1(22) The premises must be constructed, designed and arranged so as to be fit and suitable for its intended purposes;

Repairs and cleanliness

1(23) The premises and all fittings, fixtures and appliances in the premises must be maintained in a state of good repair and in a clean and tidy condition, and free from any accumulation of rubbish or other materials that may harbour vermin or insects or that may become offensive or a nuisance;

Walls, floors, ceilings, fixtures and fittings

1(24) The walls, ceilings, fixtures and fittings in any area connected with the carrying out of a specified service must be capable of being easily cleaned, and must be maintained in good repair. If the walls are liable to be wetted or fouled, they must be constructed of impervious material;

1(25) The floor of any area connected with the carrying out of a specified service that pierces the skin and risks breaking the skin must be surfaced with a smooth, durable material that is impervious to water and capable of being easily cleaned. The floor and the material with which the floor is surfaced must be maintained in good repair;

Ventilation

1(26) All parts of the premises must be adequately ventilated;

Lighting

1(27) All parts of the premises must be provided with a lighting system capable of providing adequate illumination to facilitate cleaning and inspection. Lighting of not less than 300 lux, at a distance 900mm above the floor, must be provided at all working surfaces adjacent to every place where customers are attended to and where instruments and tools are cleaned and sterilised;

Mattresses, squabs and cushion covers

1(28) All mattresses, squabs and cushions used on any chair, bed, table or the like, used in conjunction with the carrying out of any specified service must be


 

provided with permanent impervious covers that are easily cleaned;

Storage of linen and other supplies

1(29) All operators must provide sufficient facilities to adequately store all clean and used equipment, linen and waste products safely in separate containers before and after use and while in transit;

Cleanliness

1(30) All operators must establish and maintain a ‘clean’ work area at the site and protect all surfaces and equipment from contamination by dust, dirt, members of the public or other such contaminants at all times;

Hand-washing facilities

1(31) All operators must have direct access to hand-washing facilities with hot and cold running water provided preferably through a single spout, soap and means to dry with a single service towel or other approved hand-drying equipment.

Alternatively, waterless alcohol-based antiseptic hand gels, foams, or liquids can be used by mobile operators only where it is physically impossible to have hand- washing facilities with running water;

Only sterile or single-use disposable instruments to be used for piercing the skin

1(32) All operators must provide sufficient sterile equipment for all customers undergoing any specified service that pierce the skin;

1(33) If the mobile facility does not have sterilisation facilities then single-use disposable pre-sterilised equipment must be used.


 

Part 2 Operator Conduct

 

The minimum standards contained in this part of the code aim to ensure that operators who are undertaking specified commercial services conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

Any procedure that invades someone’s body in any way that is performed without permission may be regarded as assault. It is therefore important that a customer receiving such a procedure gives their consent. The essential elements of consent in health care are that it is voluntarily given by the customer, based on full provision of information on risks to the customer, and given by a customer who has the capacity to consent.

 

Minimum Standard 2: Operator Conduct


Alcohol, drugs

2(1) No operator may carry out any service on any person who they suspect is under the influence of alcohol, drugs or mind-altering substances except as prescribed for a medical condition;

Washing of hands

2(2) All operators must at all times keep their clothing, hands, and fingernails clean and cover with an impermeable dressing any infected, damaged or inflamed skin;

2(3) All operators must thoroughly cleanse their hands by washing up to the wrist with soap or antibacterial cleansing agent, using an effective sterile barrier to operate taps to maintain cleanliness; by brushing their hands and nails when necessary and drying them with a single service towel or other approved hand- drying equipment:

(a)   before and after commencing each specified service;

(b)   immediately after using a toilet, using any handkerchief or nasal tissue or smoking;

2(4) All operators must wear clean well-fitting single-use disposable surgical gloves:

(c)   before preparing the area in which to undertake a specified service;

(d)   before commencing a specified service on any customer; and

(e)   after touching any object which has not been subject to a process of cleansing and sterilisation unless an effective sterile barrier is used;if the customer is bleeding;

(f)   if the customer has open lesions or is known to have a contagious disease;

(g)   if the operator has cuts or wounds on their hands or has a skin infection or lesion;

(h)   if the operator is handling blood-soiled items, body fluids, excretions, and secretions, as well as surfaces, materials, and objects exposed to them;

(i)    It is important that hand gloves are:

changed between attending customers;

never washed or re-used;

discarded and replaced with new gloves if there is evidence of tearing or deterioration; and

removed and disposed of before leaving a customer for any reason.

 

 

Accidents and bleeding

2(5) All operators must have procedures for dealing with customers or staff where accidental exposure to another customer’s blood or bodily fluids occurs.


 

Procedures should also be in place to deal with incidents where prolonged or unexpected bleeding occurs. Such procedures must be kept on the premises in a form of a written policy and in view of the operator. All staff must be trained to comply with it;

2(6) All operators must record any incidents where exposure to another customer’s blood or bodily fluids occurs, including the name and address of those exposed and the steps undertaken to respond to the incident. Records of such accidents involving exposure to another customer’s blood or bodily fluids must be kept for a period of 2 years and made available to the council for inspection on request;

Use of linen and other supplies

2(7) Any towel, sheet, cloth, pillow, furniture covering, permanent cover of mattresses, squabs, cushions and any other protective garments must be clean and tidy, and disinfected as frequently as is necessary, but as a minimum at least after every customer;

2(8) An operator must not use a towel, sheet, cloth, pillow or any other protective garment or cover, on, or immediately under or over, a customer unless:

(a)   it has not been previously used; or

(b)   where it has been previously used, it has been laundered to render it clean and hygienic since last having been used;

2(9) Soiled linen may be laundered in a washing machine with laundry detergent or by a regular commercial laundry service;

2(10)Creams and lotions must be dispensed from the container with a disposable or disinfected applicator;

2(11) Sprays must be dispensed from a purpose-specific pump where possible; 2(12) All chemicals must be clearly labelled for identification and bottles must never

be reused other than with the original product;

Storage of linen and other supplies

2(13) Adequate and separate storage lockers or other facilities must be provided for the storage of clean and soiled laundry, cleaning equipment, and other chemicals, products or materials;

2(14) Clean linen, tissue or single-use disposable paper products must be stored in a clean, enclosed and dust proof storage area until needed for immediate use;

2(15) Any used towel, sheet, cloth or any other protective garment must be stored in a closed or covered container until laundered or disposed of;

2(16)All premises must have a separate location or cupboard for the safe storage of all chemicals held on the premises, away from service areas and items used when performing a specified service;

Sterile storage

2(17)Suitable separate dust proof storage spaces must be provided for the storage


 

of sterile dressings, sterilised instruments, and all sterile articles, including jewellery, used in connection with a specified service that pierces the skin;

Disposal of contaminated material

2(18)Any sharps containers and bio hazard waste bins must comply with AS/NZS 4031: 1992, and operators must demonstrate that they have made appropriate arrangements to dispose of any sharps and bio hazard wastes.

 

Additional recommended best practice First Aid

·      All operators should hold a current St Johns or Red Cross First Aid workplace certificate or an approved equivalent.

 

 

Additional Standards

In addition to the minimum standards above, several other legislative acts, guidelines and codes of practice are also relevant:

·      The waste management requirements within this code of practice are based on the AS/NZS 4031: 1992 – “Australian and New Zealand standard for non- reusable containers for the collection of sharp items used in human and animal medical applications”.

·      The Health and Safety in Employment Act 1992 aims to promote the prevention of harm to all people at work, and others in, or in the vicinity of, places of work. It applies to all New Zealand workplaces, and specifies the responsibilities of employers, the self-employed, employees, principals and others who manage or control hazards. It requires the maintenance of safe working environments, and the implementation of sound practice.

·      Employers and self-employed persons must notify the Labour Group of the Ministry of Business, Innovation and Employment as soon as possible of workplace accidents and occurrences of serious harm.


 

Part 3 Piercing of the Skin

 

Skin piercing is any process involving piercing, cutting and puncturing the skin or any other part of the human body and includes such processes as acupuncture, body piercing, derma rolling/stamping, electrolysis, extractions, red vein treatment, tattooing, and traditional tools tattooing.

Services that pierce the skin may be considered high risk due to the significant hazards posed by contact with blood and body fluids, such as the risk of transmitting blood- borne viral diseases and the transference of communicable diseases including Hepatitis B, Hepatitis C and HIV.

The minimum standards contained in this part of the code aim to ensure that operators who are undertaking commercial services that deliberately pierce or break the skin conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 3: Piercing of the Skin

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

First aid

3(1) There must be at least one operator on the premises at all times who holds a current St John’s or Red Cross First Aid Workplace Certificate or an approved equivalent;

Age restriction

3(2) All operators may only carry out any specified service that pierces the skin (except tattooing) on any person 16 years and over unless with the written permission of that person's parent or guardian;

3(3) Operators must not carry out tattooing on any person under the age of 18, unless the operator has obtained the written permission of that person's parent or guardian;

Precautions, consent and aftercare

3(4) Prior to the commencement of any specified service that pierces the skin, the operator must:

(a)  advise the customer who wishes to undergo such service of the risks associated with the service and the potential for infection to occur during and after the service; and

(b)  give written advice appropriate to the procedure to be undertaken, concerning precautions and post service procedures that should be taken by the customer who wishes to undergo the service;

3(5) Before commencing any specified service that pierces the skin, a customer


 

must:

(a)  sign a consent form with medical history; and

(b)  be given the opportunity to inform the operator through a written and signed consent form prior to the commencement of any specified service, to establish if he or she knows or suspects that he or she:

(i)   is suffering from a communicable disease or skin disease;

(ii)  has a history of haemophilia (bleeding) or is taking medications such as anticoagulants which thin the blood or interfere with blood clotting;

(iii)  has a history of allergies or adverse reactions to pigments, dyes or other skin sensitivities; or

(iv) has a history of epilepsy or seizures;

3(6) The operator may decline to carry out any specified service based on such information or agree to carry out the service subject to such conditions and safeguards as are considered appropriate in the circumstance;

Record keeping

3(7) All operators must keep records of:

(a) a customer consent form;

(b) a record of service including:

(i)   the date on which the skin piercing service was undertaken;

(ii)  the type of the skin piercing service; and

(iii)  the location on the body where the skin piercing service was undertaken;

3(8) Such records must be kept secure and confidential for a minimum of 2 years and made available to the council for inspection on request;

Hand washing and gloves

3(10) All operators must thoroughly cleanse their hands by washing up to the wrist with soap or antibacterial cleansing agent, using an effective sterile barrier to operate taps to maintain cleanliness; by brushing their hands and nails when necessary and drying them with a single service towel or other approved hand- drying equipment:

(a) before and after commencing a specified service that involves piercing of the skin; and


 

(b) before putting on and after removing clean well-fitting single-use disposable gloves when performing a specified service that involves piercing of the skin;

3(11) All operators must cover their hands with clean well-fitting single-use disposable surgical gloves:

(a)  before preparing the area in which to undertake a specified service;

(b)  before commencing a specified service on any customer; and

(c)  after touching any object which has not been subject to a process of cleansing and sterilisation unless an effective sterile barrier is used;

Skin preparation

3(12) All operators must evaluate the skin site prior to each service and any skin condition that may lead to skin irritation must be discussed;

3(13) Prior to commencing any service that involves piercing of the skin, all operators must cleanse the customer's skin by swabbing with an antiseptic using a clean, single-use swab and maintain product-specific recommended contact time;

Only sterile or single-use disposable instruments to be used

3(14) All instruments or like articles used for piercing the skin on any customer, must be:

(a)  single-use disposable; or

(b)  cleaned and sterilised in accordance with the provisions of Minimum Standard 3(24) and kept in such a manner to maintain its sterility;

3(15) All devices used on any mucous membrane of any customer, such as a marker pen, must be single-use and disposable;

3(16) Any articles having a hollow lumen must be single-use and disposable;

3(17) An instrument or like article may be used for piercing the skin on any customer if the instrument or article has been taken, in the presence of the customer, from a package that has been sealed by the manufacturer, being a package:

(a)  in an unbroken and undamaged condition;

(b)  to which the manufacturer has affixed a label containing a statement to the effect that the contents of the package have been sterilised;

(c)  the article or instrument, if steam sterilised, has been packaged according to section 3 of AS/NZS 4187: 2003; and

(d)  has not been subjected to any contamination during storage;

After piercing the skin

3(18) All operators must ensure that, after the completion of piercing the skin:

(a) all single-use needles/razors are immediately disposed of according to


 

AS/NZS 4261: 1994 A1; or

(b) any reusable instrument or like article used in that process is thoroughly cleansed, disinfected and sterilised in accordance with the provisions of Minimum Standard 3(24) and kept in such a manner to maintain its sterility before use on any other customer or the same customer at a later time;

3(19) All sharps containers and bio hazard waste bins must comply with AS/NZS 4031: 1992, and all operators must demonstrate that they have made appropriate arrangements to dispose of sharps and bio hazard wastes;

Cleaning and disinfecting

3(20) All instruments that do not need to be sterile must be cleaned and then disinfected by a thermal or chemical disinfection procedure appropriate to the level of disinfection required and the item being disinfected maintaining the product-specific recommended contact time, to the satisfaction of the council;

3(21) Ultrasonic cleaners must comply with AS 2773.1: 1998 and AS 2773.2:

1999 as appropriate;

3(22) At the completion of any cleaning activity, all surfaces must be disinfected before beginning any pre-packaging or sterilisation activities;

Sterilisation

3(23) All operators must display, adjacent to every place in the premises where cleaning and/or sterilising of instruments and like articles is undertaken, written instructions setting out in clear and legible format the processes to be followed to ensure compliance with sterilisation and/or ultrasonic cleaning;

3(24) All instruments used for piercing the skin must be sterilised after each use, by way of:

(a)  thoroughly cleansing by washing in warm water and detergent or within an ultrasonic cleaner and exposed to steam in accordance with the following requirements:

(i)   exposure to steam must occur within a steriliser (autoclave) under the pressure indicated below:

-    103 KPa (15psi) For at least 15 minutes at not less than 121 degrees Celsius;

-    138KPa (20psi) For at least 10 minutes at not less than 126 degrees Celsius; or

-    206KPa (30psi) For at least 4 minutes at not less than 134 degrees Celsius;

(ii)  every steriliser (autoclave) must be fitted with time, temperature and pressure gauges;

(iii)  every time the steriliser (autoclave) is used, chemical indicator

strips must be inserted to show that the temperatures as set out above have been attained during the autoclaving procedure. If


 

the chemical indicator / integrator fails to meet the cycle parameters, all of the load contents must be reprocessed;

(iv) during each use the gauges must be monitored to ensure that the correct times, temperatures and pressures are reached;

(v)  time, temperature and pressure readings must be recorded and noted after each usage;

(vi) regular spore testing must be undertaken, at no less than 6 monthly intervals, and the results recorded; and

(vii) the steriliser (autoclave) must be serviced at no less than 6 monthly intervals, and the results recorded. These records must be maintained for a minimum of 2 years and made available to the council for inspection on request; or

(b)  thoroughly cleansed by washing in warm water and detergent and exposed to dry heat for at least 60 minutes at not less than 170 degrees Celsius; or

(c)  thoroughly cleansed by washing in cold water and detergent and then totally immersed in a glass bead steriliser operating at 250 degrees Celsius for a minimum of 5 minutes; or

(d)  thoroughly cleansed by a method appropriate to the nature of the article concerned and then submitted to a process of sterilisation approved by the council;

3(25) All instruments or like articles must be individually packaged and marked “sterile” or display an indicator tape (or similar indicator) indicating sterility, be intact and kept in such a manner to maintain sterility.

 

 

Additional Standards

In addition to the minimum standards above, several other legislative acts, guidelines and codes of practice are also relevant:

·      The New Zealand Association of Registered Beauty Therapists promotes professional beauty care and best practice in the beauty therapy industry in New Zealand. Members of the association adhere to the “Code of Ethics for Members of the New Zealand Association of Registered Beauty Therapists Inc”, “Code of Practice for Beauty Therapy Clinics, Spas and Training Establishments”, and “Rules of the New Zealand Association of Registered Beauty Therapists Inc”.

·      The New Zealand Acupuncture Standards Authority (NZASA) promotes professionalism and best practice in Acupuncture and Chinese Medicine in New Zealand. Registered members adhere to NZASA “Standards of Acupuncture Practice”, “Code of Ethics”, and “Code of Safe Practice for Acupuncturists”.

·      The New Zealand Register of Acupuncturists (NZRA) promotes professionalism and best practice in Acupuncture and Chinese Medicine. Registered members adhere to the “New Zealand Register of Acupuncturists Code of Professional


 

Ethics”, “New Zealand Register of Acupuncturists Clinical Guidelines” and “New Zealand Register of Acupuncturists Rules”.

·      The waste management requirements within this code of practice are based on the AS/NZS 4031: 1992 – “Australian and New Zealand standard for non- reusable containers for the collection of sharp items used in human and animal medical applications”; and

·      NZS 4304: 2002 “New Zealand Standard for the management of healthcare waste”.

·      The cleaning, disinfection and sterilising requirements within this code of practice are based on AS/NZS 4187: 2003 – “Australian and New Zealand standard for cleaning, disinfecting and sterilising reusable medical and surgical instruments and equipment, and maintenance of associated environments in health care facilities”.

 

Additional Recommended Best Practice

Body modification is recommended to be undertaken only by a trained medical professional

Operators

·     It is highly recommended that all operators undertaking tattooing or piercing should be immunised against Hepatitis B.

·     It is highly recommended that all operators wear a protective garment or cover for every service of a suitable nature to prevent the operator’s clothing from becoming contaminated during any service that pierces the skin.

·     It is highly recommended that eye protection / face shields should be worn when performing close-up procedures that may cause aerosols of blood or body substances.

o

Accidents

·     The Ministry of Health “Guidelines for the Safe Piercing of Skin” outlines procedures to deal with bleeding, sharps injuries and contact with blood or body fluids.

·     Employers and self-employed operators need to notify the Labour Group of the Ministry of Business, Innovation and Employment as soon as possible of workplace accidents and occurrences of serious harm.

 

 

.


 

Cleaning

·     The aim of cleaning is to remove microbial, organic and inorganic soil. Cleaning agents for manual cleaning should be biodegradable, non-corrosive, non-toxic, non-abrasive, low foaming, free rinsing and preferably liquid of mild alkali formulation. Alkaline detergents are much more effective at removing blood and fat than plain surfactant based detergents. Detergents should preferably be approved by Ministry of Primary Industries (MPI).

·     Note that chlorine solutions may corrode metals. Glutaraldehyde and phenol are not recommended as disinfectants because of the health risks involved in their usage.

·     Equipment should not be soaked in chemical disinfectants unless specified by the manufacturer’s instructions. Chemical disinfectants can have limited contact times and may become ineffective if left for long periods. The more items immersed in the disinfectant the less effective it will be. Fresh disinfectant should be prepared each time items are to be disinfected. The disinfectant should be discarded after use.

·       To reduce the risk of cross contamination, cleaning and decontamination activities should not take place simultaneously with packaging and/or sterilisation activities.

·       Ultrasonic cleaners clean but do not disinfect instruments and equipment. An ultrasonic cleaner should be operated with the lid closed to prevent emission of aerosols and should be isolated from the work area to reduce exposure to high frequency noise. No part of the body should be submerged into the water tank during operation as this is thought to cause long-term arthritic conditions. Indicator tape or other such products that indicate when a product has been properly sterilised should be used to identify reusable equipment that has been sterilised, to prevent non sterile equipment being used by mistake. Please note, indicator tape may not be UV stable so equipment should be stored to protect from such exposure.

Sterilisation

·       The times quoted above are holding times and do not include the time taken for the autoclave contents to reach the required temperature. Bench top steam sterilisers without a drying cycle are only appropriate for the sterilisation of unwrapped items. Steam sterilisers should comply with a recognised national or international standard.


 

Part 3A Body Piercing

Body piercing is a practice of piercing the skin for decorative purposes, inserting jewellery or implants to alter the appearance of the skin.

All commercial services that pierce the skin are required to comply with the general standards for piercing the skin (Minimum Standard 3). The minimum standards contained in this part of the code are in addition to Part 3 and aim to ensure that operators who are undertaking body piercing conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 3A: Body Piercing

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

·      Minimum Standard 3 (Piercing the Skin)

Jewellery

3(26) No operator may use any instrument or like article, including any ear or body studs or rings, ear keepers or similar jewellery for or in connection with carrying out a service, unless immediately before the instrument or article is used or since the instrument or article was last used, the instrument or article has been cleaned and sterilised in accordance with the provisions of Minimum Standard 3(24) and kept in such a manner to maintain its sterility;

3(27) All body piercing jewellery for primary piercing must be made of high quality 14 carat or 18 carat yellow or white gold, surgical grade stainless steel (316L or LVM), titanium, niobium, platinum or inert plastics;

3(28) Jewellery that is damaged or scratched must not be used;

3(29) All operators must ensure that no jewellery thinner than 14 gauge is used below the neck.

 

Additional Standards

In addition to the minimum standards above, several other legislative acts, guidelines and codes of practice are also relevant:

·      The Ministry of Health has published “Guidelines for the Safe Piercing of Skin” to help those in the skin piercing industry better understand how to protect themselves and their customers from the risk of infection. In addition, it aims to encourage operators to reduce harm from skin piercing and promote healthy skin piercing practices.


 

Part 3B Tattooing

 

Tattooing is a process by which indelible marks are made in human skin or tissue by inserting pigments or dyes into punctures. Tattooing also includes the process known as pigment implantation or permanent makeup.

All commercial services that pierce the skin are required to comply with the general standards for piercing the skin (Minimum Standard 3). The minimum standards contained in this part of the code are in addition to Part 3 and aim to ensure that operators who are undertaking tattooing conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 3B: Tattooing

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

·      Minimum Standard 3 (Piercing the Skin)

Sterilisation

3(30) All instruments must be sterilised in accordance with Minimum Standard 3(24) above;

3(31) The sterilisation of equipment used in tattooing must include, but not be limited to, the sterilisation of needles, needle bars, tubes and tube tips. A new sterilised needle set must be used for each new customer;

3(32) Single-use disposable items must not be reused for any reason. Tattoo needles are not reusable under any circumstances. After use, all needles, razors and other sharps must be immediately disposed of in sharps containers;

Skin preparation

3(33) The body area surrounding the skin to be tattooed must be draped with a single-use disposable paper product or clean linen;

3(34) Ointments, lotions, lubricating gel and other products used to moisten the skin prior to the application of the stencil must be dispensed and applied to the area to be tattooed in a manner to prevent contamination of the bulk product;

Use of dyes, pigments and solutions

3(35) All operators must, in carrying out tattooing on a customer:

(a)  use only dye, pigment or solution, that has been decanted into a clean sterilised container holding sufficient of the liquid for carrying out that tattoo on that customer only;

(b)  use only that decanted dye, pigment or solution whilst the tattoo is being carried out; and


 

(c) use only pre-purchased ink specifically manufactured for tattooing purposes;

Disposal of used dyes, pigments and solutions

3(36) All operators must ensure that on completion of the tattoo any decanted dye, pigment or solution residue is disposed of, and the container is either sterilised or discarded by an approved bio-hazard waste collection service. Any dye, pigment or solution residue remaining on the completion of a tattoo must not be used in connection with the tattooing of any other customer;

No dye or pigment should be used that has passed its expiry date.Disposal of other materials

3(37) Any mattress, squab, cushion, or linen supply that comes into contact with blood or body fluids and cannot be adequately cleaned or laundered, must be disposed of according to NZS 4304: 2002, and not reused.

 

 

Additional Standards

In addition to the minimum standards below, several other legislative acts, guidelines and codes of practice are also relevant:

·      The Ministry of Health has published “Guidelines for the Safe Piercing of Skin” to help those in the skin piercing industry (which includes tattooing) better understand how to protect themselves and their customers from the risk of infection. In addition, it aims to encourage operators to reduce harm from skin piercing and promote healthy skin piercing practices.

 

Additional Recommended Best Practice

Single-Use Disposable Barriers

 

·     It is highly recommended to cover instruments such as tattoo machines and associated clip cords with an effective sterile barrier, such as a single-use disposable plastic bag that is discarded after each use. This cover provides an extra level of hygiene and acts as a barrier, limiting the amount of contaminants that may settle on the machine.

 

Use of dyes, pigments and solutions

·       The Environmental Protection Agency (EPA) recently developed a standard, the “Tattoo and Permanent Makeup Substances Group Standard”, to manage the chemical risks associated with tattoo and permanent makeup substances. The EPA has guidelines which include a list of substances that tattoo inks should not contain.

·       It is recommended that tattoo artists confirm with suppliers that any products purchased fit within the standard. Any inks that contain hazardous properties, and therefore not within the standard, are not approved under the “Tattoo and Permanent Makeup Group Substances Standard”.


 

Part 3C Traditional Tools Tattooing

 

Traditional Tools Tattooing is the practice of making indelible marks in the human skin or tissue by inserting pigments or dyes into punctures made in the skin or tissue using tools that are culturally traditional in structure and used in procedures such as ta moko, Tatau, uhi or any other traditional tattooing practice that has recognised cultural significance.

New Zealand is home to a number of cultures where traditional skin piercing practices are common, particularly among Maori and Pacific peoples. The nature of cultural tattooing, typically occurring in places other than a professional studio, means that health risks may be greater for individuals if premises, equipment and tools are not cleaned and/or sterilised to New Zealand standards. Tools used for tattooing historically have been made from bone or tusk, and large areas of the body are traditionally tattooed in a relatively short period of time, as such, there are specific risks associated with this practice.

All commercial services that pierce the skin are required to comply with the general standards for piercing the skin (Minimum Standard 3). The minimum standards contained in this part of the code are in addition to Part 3 and aim to ensure that operators who are undertaking traditional tools tattooing conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 3C: Traditional Tools Tattooing

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

·      Minimum Standard 3 (Piercing the Skin)

Hand washing and gloves

3(38) All operators must thoroughly cleanse their hands by washing with soap or antibacterial cleansing agent and by brushing their hands and nails when necessary and then drying them with a single service towel or other approved hand-drying equipment:

(a)  before and after commencing a specified service that involves piercing of the skin; and

(b)  before putting on and after removing clean well-fitting single-use disposable gloves when performing a specified service that involves piercing the skin;

3(39) All operators must cover their hands with clean well-fitting single-use disposable surgical gloves:

(a)  before commencing a specified service on any customer; and

(b)  after touching any object which has not been subject to a process of cleansing and sterilisation unless an effective sterile barrier is used;


Only sterile or single-use disposable instruments are to be used

3(40) All operators must:

(a)  only work on one customer at a time; and

(b)  use clean, disinfected and sterilised, or single-use disposable tools;

Cleaning, disinfecting, and sterilising

Use-by dates on disinfectants must be observed. In some people, povidone-iodine may cause a skin reaction if left on the skin.3(41) The traditional tools tattoo artist must clean, disinfect and sterilise traditional tools both before and immediately after any tattooing process is undertaken in accordance with Minimum Standard 3(24) of this code or by:

(a)  scrubbing tools underwater with a brush and cleaning agent;

(b)  if possible, cleaning tools and scrubbing implements in an ultra-sonic cleaner in accordance with the manufacturer’s instructions;

(c)  soaking tools and scrubbing implements in Perasafe solution (or equivalent) mixed in accordance with the manufacturer’s instructions, and soaked for at least 20 minutes;

(d)  cleansing with clean water;

(e)  allowing the tools to air dry for at least 45 minutes before reuse, but protecting them from contaminants; and

(f)  keeping tools in such a manner to maintain sterility.

Principles for healthy and hygienic tattooing

·     Traditional tools tattooists should provide their customers with professionally experienced, safe and hygienic services, in clean premises. It is essential for traditional tools tattooists to be fully aware of the potential dangers of their procedures and understand the safety measures that need to be taken to make the likelihood of infection, or spread of pathogens, as small as possible.

·     The following basic principles must be observed by traditional tools tattooists:

The premises must be kept clean and hygienic.

Any article used for piercing the skin must be sterile.

Any instrument that has pierced the skin or is contaminated with blood must be either disposed of immediately, as infectious or biological waste, or be cleaned and sterilised before being used on another customer.

Tattooists must keep themselves and their clothing clean; any cuts, abrasions or wounds they have should be covered and they must not smoke during the tattooing process.

Employers in the traditional tools tattooing industry should provide adequate training for staff in all areas of hygiene, infection control and first aid.

·     All traditional tools tattooists should be aware of their Hepatatis B status and be vaccinated against Hepatitis B if susceptible.


 

·      It is the traditional tools tattooist’s responsibility to ensure that the whole service is provided to a sufficient standard of hygiene to ensure customer and operator safety.

 

·      Tattooist must provide customers with the information regarding potential infection risks associated with traditional tattoo.

 

Additional Standards

In addition to the minimum standards below, several other legislative acts, guidelines and codes of practice are also relevant:

·      The Ministry of Health provides “Guidelines for Cultural Tattooing”, primarily for Samoan Tattoo (Tatau), both in English and in Samoan. These guidelines address measures to improve the safety of customary tattooing and are of relevance to tattooists, public health units and Medical Officers of Health.

·

 

 

Additional Recommended Best Practice

Cleaning, disinfecting and sterilising

·      Disinfectants can be applied to the skin using a pump pack and wiping with a clean single-use disposable cloth. Alternatively, skin disinfectants may be decanted from their original container into a single-use disposable container. At the end of the tattooing procedure, any remaining fluid and single-use disposable cloths must be discarded into a hazardous and infectious waste container.

·      PeraSafe is a product developed to sterilise items made of plastic and rubber and other materials that cannot be cleaned in an autoclave (a cleaning machine that sterilises equipment by heating substances above their boiling point and which is the only totally effective sterilisation method), and is therefore the best option for sterilising the porous materials used in traditional tattooing tools, such as bone. It is important that the PeraSafe solution is mixed correctly. If not enough powder is used, it may not be totally effective, and if too much powder is used, the solution may damage the tools.

Use of dyes, pigments and solutions

·       The Environmental Protection Agency (EPA) recently developed a standard, the “Tattoo and Permanent Makeup Substances Group Standard”, to manage the chemical risks associated with tattoo and permanent makeup substances. The EPA has guidelines which include a list of substances that tattoo inks should not contain. Inks made from traditional materials should also not contain any of these substances.


 

Part 3D Acupuncture

 

Acupuncture is the practice involving the insertion of filiform (very narrow) needles through the skin and tissues for the intended purpose of alleviating ailments or injuries. Acupuncture may be considered to carry an associated risk of transferring blood-borne infections.

All commercial services that pierce the skin are required to comply with the general standards for piercing the skin (Minimum Standard 3). The minimum standards contained in this part of the code are in addition to Part 3 and aim to ensure that operators who are undertaking acupuncture conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 3D: Acupuncture

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

·      Minimum Standard 3 (Piercing the Skin)

Single-use disposable needles only to be used

3(42) All needles must be sterile and single-use disposable needles;

3(43) All needles must be removed from the packaging by the handle of the needle.

 

Additional Recommended Best Practice

Acupuncture

·       It is also advisable that needles should be inserted swiftly using the correct needle technique. Needle points should not be re-palpated with bare fingers unless hands have been washed appropriately and alcohol gel has been used. Needles should not be entered into open wounds.

Moxibustion

·       It is advisable for all operators to obtain written customer consent prior to moxibustion. Before commencing moxibustion directly on the skin, all operators should moisten the skin with a swab or cotton wool bud and clean water.

·       A customer should never be left unattended at any stage during the procedure and care should be taken when performing moxibustion directly on the face or any sensitive area.

·       Any premises providing moxibustion should have a window that can be opened, or an extraction fan or air conditioner available to clear any smoke.

Cupping


 

·       It is advisable for the operator to obtain written customer consent prior to cupping and the operator should advise the customer of the possibility of bruising.

·       The procedure of cupping should be explained to a customer before commencement and the operator should ask to be informed if the procedure becomes too uncomfortable for the customer.

·       Care should be taken not to overheat the cups before placement on the body.

·       All cups should be sterilised after use.


 

Part  3E Electrolysis, Red Vein Treatment

and Derma Rolling/ Stamping

 

Electroylsis is a practice involving the insertion of a sterilised needle into individual hair follicles to the root. An electric impulse is passed through the needle to the root area to aid in the removal of hair. Derma rolling / stamping is a practice of using micro needles to create tiny punctures in the skin intended to stimulate growth factors to enhance collagen production and better alignment of the collagen fibres. Red vein treatment by needle is a procedure involving the injection or piercing of a vein intended to shrink red veins. The vein can be pierced with a needle along the length of the damaged capillary, causing little dams or blockages along the vessel.

All commercial services that pierce the skin are required to comply with the general standards for piercing the skin (Minimum Standard 3). The minimum standards contained in this part of the code are in addition to Part 3 and aim to ensure that operators who are undertaking electrolysis, red vein treatment or derma rolling / stamping conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 3E: Electrolysis, Red Vein Treatment

and Derma Rolling / Stamping

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

·      Minimum Standard 3 (Piercing the Skin)

Training

3(44) All operators must have the knowledge and skills necessary to provide electrolysis, red vein treatment and derma rolling / stamping, which can be achieved through the following:

(a)  National Certificate (or international equivalent) in:

(i)   Electrology for electrolysis;

(ii)  Electrology and commercial industry experience of 12 months or more for red vein treatment;

(iii)  Beautician and commercial industry experience of 12 months or more for derma rolling / stamping; or

(b)  commercial industry experience of five consecutive years or more, and evidence of professional development in the commercial service; or

(c)  evidence of training with an electrolysis, red vein treatment or derma rolling / stamping training provider, and commercial industry experience of 12 months or more;

Sterile and single-use disposable instruments only to be used


 

3(45) All needles and blades, including clinical grade derma rollers above 0.5mm, must be sterile and single-use disposable;

Re-usable derma rollers / stamps to be stored safely and securely

3(46) Derma rollers / stamps of 0.5mm and below may be re-used on the same customer if stored in a manner as to prevent contamination from any other item;

3(47) All operators must ensure customers of re-usable derma rollers / stamps sign a disclaimer that the derma roller / stamp is only to be used on the same customer;

3(48) All re-used derma rollers / stamps must be disposed of within six months of opening;

Protective face / eyewear when undertaking derma rolling / stamping

3(49) All operators must wear protective eyewear and a mask when undertaking derma rolling / stamping;

Use of creams and lotions

3(50) All operators must ensure that creams and lotions are applied with single- use disposable applicators before and after derma rolling / stamping;

Record keeping

3(51) All operators must keep records of maintenance and calibration of electrolysis equipment for 2 years and the records must be available to the council for inspection on request;

Medical consent required

3(52) All operators must obtain written medical consent to undertake electrolysis or red vein treatment:

(a)  for the removal of hair from moles or the inside of ears or nostrils; and

(b)  on any customer who uses a hearing aid or Cochlear implant, or who has metal plates or pacemakers inserted in their body.

 

Additional Recommended Best Practice

Electrolysis

·       It is also advisable that after electrolysis the treated area should not be touched. After care product should be applied for three to five days after the service to accelerate the healing of the underlying tissue.

Derma rolling / stamping

·       The New Zealand Association of Registered Beauty Therapists recommends that single-use disposable paper towels should be suitably placed to catch any drops of blood serum from derma rolling/ stamping.


 

Part 4

Risk of Breaking the Skin

 

Services that risk breaking the skin carry the risk of drawing blood and body fluids. These services may be considered to carry a moderate risk of transmitting blood-borne viral diseases and the risk of transferring fungal and bacterial infection. Such services include, but are not limited to, hair removal by waxing, threading and plucking, manicure and pedicure, and exfoliation.

The minimum standards contained in this part of the code aim to ensure that operators who are undertaking commercial services that risk breaking the skin conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 4: Risk of Breaking the Skin

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

Precautions and aftercare

4(1) Prior to the commencement of any specified service that risks breaking the skin, the operator must:

(a) advise the customer who wishes to undergo such service of the risks associated with the service and the potential for infection to occur during and after the service; and

(b) give advice appropriate to the procedure to be undertaken, concerning precautions and post service procedures that should be taken by the customer who wishes to undergo the service;

Floors

4(2) The floor of any area connected with the carrying out of a specified service that risks breaking the skin must be surfaced with a smooth, durable material that is impervious to water and capable of being easily cleaned. The floor and the material with which the floor is surfaced must be maintained in good repair;

Only sterile or single-use disposable or disinfected instruments are to be used

4(3) All instruments or like articles used on any customer for any specified service that risks breaking the skin must be:

(a)  single-use disposable and immediately disposed of after use; or

(b)  cleaned and sterilised in accordance with the provisions of Minimum Standard 3(24) and kept in such a manner to maintain its sterility; or

(c)  cleaned and then disinfected by a thermal or chemical disinfection procedure appropriate to the level of disinfection required and the item being disinfected maintaining the product-specific recommended contact time, to the satisfaction of the council.


 

 

 

Additional Standards

In addition to the minimum standards above, several other legislative acts, guidelines and codes of practice are also relevant:

·      The New Zealand Association of Registered Beauty Therapists promote professional beauty care and best practice in the beauty therapy industry in New Zealand. Members of the association adhere to the “Code of Ethics for Members of the New Zealand Association of Registered Beauty Therapists”, “Code of Practice for Beauty Therapy Clinics, Spas and Training Establishments” and “Rules of the New Zealand Association of Registered Beauty Therapists”.


 

Part 4A

Hair Removal by Waxing, Tweezing or Threading

 

Hair removal is the removal of hair by any means. This includes, but is not limited to, waxing (pulling the hair from the skin using soft wax, hot wax or glucose); threading (lifting the hair out from the follicle by entwined thread); or tweezing (grasping hairs and pulling them out of the skin, including epilation - a mechanical means of tweezing).

All commercial services that risk breaking the skin are required to comply with the general standards for risk of breaking the skin (Minimum Standard 4). The minimum standards contained in this part of the code aim to ensure that operators who are undertaking hair removal conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 4A: Hair Removal

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

·      Minimum Standard 4 (Risk of Breaking the Skin)

Gloves

4(4) All operators must cover their hands with clean well-fitting single-use disposable surgical gloves:

(a)  before commencing hair removal on any customer; and

(b)  after touching any object which has not been subject to a process of cleansing and sterilisation unless an effective sterile barrier is used;

Skin preparation

4(5) The skin site must be evaluated prior to each service and any skin condition that may lead to skin irritation must be discussed;

4(6) Prior to commencing hair removal, all operators must cleanse the customer's skin by swabbing with an antiseptic using a clean, single-use swab and maintaining product-specific recommended contact time;

Use of wax

4(7)All operators must ensure that wax is not applied to broken skin or over an area where blood has been drawn;

4(8)All operators must use either of the two following methods to prevent cross contamination between customers:

(a)  pre-dispense the required amount of wax for each customer into single-use disposable pots and discard any unused product; or

(b)  use single-use disposable wooden spatulas for wax application and not re- dip the spatula into the wax pot;

4(9)All operators must ensure wax that has been applied to a customer’s body for


 

hair removal is not re-used;

4(10) All operators must ensure pots of wax are kept covered between services;

Use of thread

4(11) New single-use cotton thread is to be used only.

 

Additional Recommended Best Practice

Waxing

Operators should ensure that their processes for waxing customers and management of equipment minimise the potential for cross contamination. The following is also advisable:

 

·     Single-use disposable underwear should be offered to the customer for waxing involving the full leg, bikini and/or Brazilian waxing;

·     Wax should be initially applied to the inside of the operator’s wrist to test the temperature of the wax, then tested on the customer in the area to be treated;

·     Hot wax should be applied with a spatula in thick strips and removed by hand. Warm wax should be applied with a spatula in a thin film and removed with a paper or muslin strip;

·     A soothing product should be applied after the wax has been removed;

·     Metal instruments should be initially cleaned using a wax solvent to remove all traces of wax before sterilisation.

Threading

·     New single-use cotton thread should be twisted and rolled onto the surface of the skin to entwine the hair. When the hair is entangled with the thread it should be pulled off and the hair removed.


 

Part 4B Manicure / Pedicure

 

Manicure and pedicure is the beautification or enhancement of the hands and fingernails, as well as feet and toenails, and involves the shaping and polishing of nails, nail extensions such as gel, shellac and artificial acrylic nails, and exfoliation of skin or tissue from the feet.

All commercial services that risk breaking the skin are required to comply with the general standards for risk of breaking the skin (Minimum Standard 4). The minimum standards contained in this part of the code aim to ensure that operators who are undertaking manicure or pedicure conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 4B: Manicure / Pedicure

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

·      Minimum Standard 4 (Risk of Breaking the Skin)

Training

4(12) All operators must have the knowledge and skills necessary to provide manicure / pedicure services, which can be achieved through the following:

(a)  National Certificate (or international equivalent) in Beautician or Nail Technology; or

(b)  commercial industry experience of five consecutive years or more, and evidence of professional development in the commercial service; or

(c)  evidence of training with a nail services training provider where the course includes infection control and health risks;

Ventilation

4(13) In addition to Minimum Standard 1(9), all operators must ensure there is adequate ventilation for the products used;

Broken skin not to be treated

4(14) No operator may undertake a manicure or pedicure on any customer if there are any exposed cuts or abrasions on the customer’s hands and feet;

4(15) No operator may expose any skin that is broken during a manicure or pedicure to any further service;

4(16) Operators must not use heel blades or razors to cut or shave thickened skin (as per NZARBT guidelines)

Skin preparation

4(17) All operators must evaluate the skin site prior to each service and any skin condition that may lead to skin irritation must be discussed;

4(18) Prior to commencing a manicure or pedicure, all operators must cleanse the customer's skin by swabbing with an antiseptic using a clean, single-use


 

swab and maintain product-specific recommended contact time;

Use of instruments

4(19) All operators must be constantly aware of the heat created when using an electric nail file on a natural nail plate, as opposed to acrylic or shellac nails;

4(20) All operators must ensure pedicure chair basins and associated fittings are disinfected in between customers;

Use of supplies

4(20) All operators must ensure that chemicals and products are stored in containers with air tight lids and are not to be used beyond their expiry dates;

Disposal of waste

4(21) All operators must ensure that waste with absorbed products, such as tissue and paper towels, is disposed of in a sealed container.

 

Additional Recommended Best Practice

First aid

·     All operators should hold a current St John’s or Red Cross First Aid Workplace Certificate or an approved equivalent.

Ventilation

·     It is advisable that a ventilation system is installed near worktables when performing shellac, gel or acrylic nails, in addition to a ventilation system for the premises if applicable.

·     Natural ventilation may be used with open doors and windows. If there is insufficient natural ventilation, artificial ventilation should be placed low down to be effective.

Operators

·       All operators are advised to cover their hands with clean well-fitting single-use disposable surgical gloves:

a) before carrying out a pedicure on any customer and before carrying out a pedicure on any other customer; and

b) before touching any object including surfaces and instruments which may have become contaminated with blood or serum of any customer, or touching any object which has not been subject to a process of cleansing and sterilisation.

·     All operators should take all practicable steps to prevent cuts and abrasions from filing and buffing.

·     All operators are advised to wear dust masks when using an electric nail file or hand file as the dust from filing should not be inhaled. However dust masks will not prevent against vapour inhalation.


 

·     If recommended by the manufacturer, operators should apply an oil or solution to the artificial nail before filing, which will make the dust heavier, improving the atmosphere and aiding salon cleanliness.

 

 

Spa liners

 

·      Single use disposable spa liners are recommended


 

Part 4C Exfoliation

 

Exfoliation is a practice intended to remove dead skin and can be performed using microdermabrasion, physical peels that have an abrasive action or chemical peels such as glycolic or enzyme. Exfoliation procedures are generally safe because they usually involve the intact layer of the epidermis. However, there is a minimal risk of breaking the skin and infection when exfoliation is performed using microdermabrasion.

Microdermabrasion is mechanical exfoliation that removes the uppermost layer of dead skin cells from the face, chest and hands and is associated with a risk of infection if equipment is not sterile or if the operator is not trained in the use of equipment.

All commercial services that risk breaking the skin are required to comply with the general standards for risk of breaking the skin (Minimum Standard 4). The minimum standards contained in this part of the code aim to ensure that operators who are undertaking exfoliation conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 4C: Exfoliation

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

·      Minimum Standard 4 (Risk of Breaking the Skin)

Training

 

4(22) All operators of microdermabrasion equipment must have the knowledge and skills necessary to provide microdermabrasion, which can be achieved through the following:

(a)  National Certificate (or international equivalent) in Beautician and commercial industry experience of 12 months or more; or

(b)  commercial industry experience of five consecutive years or more, and evidence of professional development in microdermabrasion; orevidence of training with a microdermabrasion training provider, and commercial industry experience of 12 months or more.

 

Additional Recommended Best Practice

·    All operators should use new single-use sponges where facial towelling is necessary for exfoliation.

·    The New Zealand Association of Registered Beauty Therapists recommends that only safety certified microdermabrasion equipment should be used.


 

Part 7

Pulsed Light and Laser Treatment

 

Pulsed light is a practice using a powerful flash of broad spectrum, non coherent light intended to remove hair and/or for skin photo-rejuvenation, and may include, but is not limited to, Intense Pulsed Light and Variable Pulsed Light. Laser treatment is a practice involving the use of a laser device, which amplifies light and usually produces an extremely narrow beam of a single wavelength (one colour), intended to remove hair and for skin photo-rejuvenation.

Services involving the use of pulsed light and laser treatment have the potential to burn the skin and lead to longer term skin conditions. Pulsed light may be considered to carry a risk of delayed recognition of skin cancers and mis-diagnosing malignant skin lesions, including melanoma. Lasers capable of breaking the skin, such as those used for laser tattoo removal, carry the risk of drawing blood. The use of lasers capable of breaking the skin may be considered to carry a risk of transmitting blood-borne diseases.

The minimum standards contained in this part of the code aim to ensure that operators who are undertaking pulsed light and laser treatment conduct their operations in a safe and hygienic manner so as to reduce risks to public health.

 

Minimum Standard 7: Pulsed Light and Laser Treatment

All operators must comply with the following standards:

·      Minimum Standard 1A (Permanent Premises) or Minimum Standard 1B (Mobile or Temporary Premises)

·      Minimum Standard 2 (Operator Conduct)

Training in the provision of pulsed light

7(1) All operators of pulsed light equipment must have the knowledge and skills necessary to provide pulsed light services, including skin type identification and the safe use of equipment, which can be achieved through the following:

(a)  National Certificate (or international equivalent) in Electrology, evidence of professional development in pulsed light services, and commercial industry experience of 12 months or more ; or LOOK INTO TRAINING OPTIONS

(b)  commercial industry experience of five consecutive years or more using pulsed light equipment, and evidence of professional development in pulsed light services; or

(c)  evidence of training with a pulsed light training provider, and industry experience of 12 months or more;

Training in the provision of laser treatment

7(2) All operators of lasers that risk breaking the skin must comply with Minimum Standard 4: Risk of Breaking the Skin;

7(3) All operators of lasers that risk breaking the skin, including those used for laser tattoo removal, must have the knowledge and skills necessary to provide laser services including:


 

(a)  skin type identification; and

(b)  safe use of lasers based on AS/NZS 4173: 2004 and any updates, additions or amendments to that standard; and

(c)  commercial industry experience of 12 months or more;

7(4) All operators of lasers that are designed to remove the skin must be a health practitioner and must be trained in the safe use of lasers based on AS/NZS 4173: 2004 and any updates, additions or amendments to that standard;

Display of qualifications

7(5) Qualifications must be displayed in a prominent position so customers can read them, and must be in the name of the operator performing the procedure;

Precautions, consent and aftercare

7(6) Prior to the commencement of any pulsed light or laser treatment, the operator must:

(a)  advise the customer who wishes to undergo such service of the risks associated with the service; and

(b)  give written advice appropriate to the procedure to be undertaken, concerning precautions and post service procedures that should be taken by the customer who wishes to undergo the service;

7(7) Before commencing any pulsed light or laser treatment, a customer must sign a consent form including medical history and skin type;

7(8) Before commencing any pulsed light or laser treatment, all operators must identify if the customer is suitable for the service. Any customers with a family history of melanoma must be exempt from all pulsed light and laser treatment;

7(9) All operators must ensure that a patch test, or a trial exposure of a small area of representative skin and hair, is carried out to determine the parameters and to judge how the skin might react to full service. Test patch protocol should include which areas to test, the pulsed light or laser settings, how long to wait to judge skin response, and how to spot adverse reactions;

Record keeping

7(10) All operators must keep records of:

(a)  a customer consent form with medical history and skin type;

(b)  a record of service including:

(i)   the date on which the pulsed light or laser treatment was undertaken;

(ii)  the type of the service;

(iii)  the location on the body where the pulsed light or laser was undertaken; and

(iv) equipment calibration and maintenance;


 

7(11) Such records must be kept secure and confidential for a minimum of 2 years and made available to the council for inspection on request;

 

Health practitioners to treat skin lesions / moles only

7(12) Skin lesions and/ or moles on any customer may be managed and removed by a health practitioner only;

Medical consent required

7(13) All operators must obtain written medical consent to undertake pulsed light or laser treatment on any customer for the removal of hair from moles;

Controlled area

7(14) All operators must ensure there is a ‘controlled area’ for the pulsed light or laser equipment, which will have:

(a)  clear and detailed safety rules which describe how to use the area correctly, any hazards the operator or customer might be exposed to, who is authorised to use the equipment, and what to do in the event of an accident;

(b)  no windows to prevent eye damage to any passerby;

(c)  no reflective areas such as mirrors;

(d)  clear signs or warning lights showing when it is safe to enter or when the laser/ intense pulsed light is on; and

(e)  suitable door locks or keypads;

 

Protective eyewear

7(15) All operators must ensure suitable protective eyewear is worn by the customer and operator appropriate for the wavelength of light to be used. If the face is being treated the customer must wear opaque metal eyewear;

7(16) All operators must ensure protective eyewear is either disinfected or, if disposable, completely replaced after use;

Use of pulsed light equipment

7(17) All operators must ensure the pulsed light equipment is calibrated to make sure that it is working properly and accurately. The wavelength and service parameters of the equipment must be set according to skin type, hair type, test patch results, and previous service settings;

Cleaning and disinfecting

7(18) All equipment that does not need to be sterile must be cleaned and then disinfected by a thermal or chemical disinfection procedure appropriate to the level of disinfection required and the item being disinfected maintaining the product-specific recommended contact time, to the satisfaction of the council.

 

 

Additional Standards


 

In addition to the minimum standards above, several other legislative acts, guidelines and codes of practice are also relevant:

·      AS/ NZS 3130: 1995 “Australian and New Zealand Standard for approval and test specification – beauty therapy equipment”.

·      AS/ NZS 3200.2.22: 1997 “Australian and New Zealan