Failure to Comply
At A Glance
Author pat murdough
IAM bob-omb
When N/A
Location brattleboro, vt
State regulations are a pain in the ass, period. This especially applies to states which impose regulations and laws regarding the body modification industry without supplying any information as to how an individual should go about complying with said laws and regulations, and states that seem to have little to no interest in enforcing their laws. I, unfortunately, reside and work in a state that seems to be of both types.

My state, which shall remain nameless, sets forth very specific guidelines which are to be followed by those within the modification industry. Examples include that (a) tattooists / body piercers must be registered with the state, and work in a state-inspected and fully registered setting; (b) body piercing should only be performed with single-use sterile needles and using implant-grade body jewelry; (c) registrants must undergo blood borne pathogens training; (d) no animals are to be in the work areas; (e) piercing guns are not be used except on the earlobes. These are fairly straightforward rules that are punishable by fines, confiscation of one's license, and extreme difficulty if one were to apply for a modification license in the future. In reality, my state does nothing to enforce the rules, or assist registrants in the application and compliance processes.

Example 1: Body piercers and tattooists freely work out of their homes and unregistered locales. The state knows nothing of their existence, and seemingly does not care about them until one of their clients contacts the Secretary of State and the Office of Professional Regulation and files a complaint against the "artist." First of all, if the "artist" does not work in a licensed shop, they are off the radar, and they probably do not comply with any of their state's regulations. Licensed shops are required by law to publicly post information about who to file a complaint with so clients may contact the high-and-mighty state officials if they feel that they have witnessed "unprofessional conduct." A person working out of the home is not required to post such information, so clients may be unaware that they have the ability to file such a complaint and improve the quality of the industry. Or if they are aware of this possibility, they refuse to step up and file charges because they want to continue to receive cheap work from these hacks, or they don't want to point a finger and be responsible for the reprimand of an unethical individual.

Example 2: Individuals are encouraged to ask questions of the Office of Professional Regulation regarding the registration process. Though we are required to undergo blood borne pathogens, the state cannot tell us how to go about receiving this training. When our shop contacted the state to ask who we should contact about setting up a blood borne pathogens course, they could not tell us who to contact.

Example 3: IN MY TOWN, there is an UNLICENSED woman who has been piercing navels, nostrils, and various parts of the ear out of her business. She performs this work in an UNINSPECTED shop, working off of a lounge chair with no means of tool sterilization on the premises. She keeps her dog in the shop with her, and it has free reign over this environment which is supposed to be kept clean. Worst of all, she performs cartilage and nostril piercings with a gun, and insists that piercings be cleaned only with rubbing alcohol.

I contacted this woman in an effort to find out if she was licensed, and explain to her that she was piercing illegally and potentially harming her clients. She became extremely hostile, and hung up the phone. I immediately contacted the Secretary of State to find out how to handle this situation. They informed me that I should go online, download their complaint form, fill it out, and send it in so they could investigate the situation. I followed their instructions and I jumped through their hoops. I had her clients fill out statements describing her technique, her shop, her aftercare, as well as their own contact information. I took pictures of her work and submitted all of this evidence to the state. I later received notice that this investigation had begun and that I would be contacted for a statement.

Earlier today I received a call from one of the state officials who, quite bluntly, asked me what my motivations were for filing this complaint against this woman. I told him, in a straightforward manner, that I was sick of seeing unhealthy piercings coming from her, and that I was concerned for the safety of the local industry. He then asked me about my "No Trespass" order, which I received the day after I'd called her shop to ask if she was licensed. The order was the result of one phone call, where she became hostile and hung up on me. I had not contacted her since, and SHE felt "threatened." The state official on the phone asked me if the complaint against her was the result of this order, because the order was processed the day after I'd called her, and the complaint form was processed a few days later. He insisted that the complaint was filed simply out of spite.

My point is simple: WHO THE FUCK CARES WHY THE COMPLAINT WAS FILED??? I processed a complaint against the woman, and it is the state's responsibility to enforce the rules and regulations that they impose on the industry. The fact that she issued me a "No Trespass" order is completely irrelevant. She is STILL piercing illegally and dangerously, regardless of whether or not I was pissed about not being able to go into her place of business, which I wasn't, because I wouldn't WANT to set foot in her little Hepatitis factory. The man on the phone made it seem as if NO ACTION would be taken against this woman because of this one fact, though I had provided numerous statements and witnesses.

I unfortunately have to sit and wait for the law to process these complaints, and remain hopeful that something will be done. However, if the state fails to follow through with their reprimand and prosecution, this woman will continue to pierce illegally, spreading disease and infection and lowering the standards of the local modification scene. I have a feeling that nothing will have been accomplished, and that I will have expended all this time and energy for nothing. If she is shut down, she will never be able to pierce legally in this state, and she will be fined heavily. If she continues to work illicitly, I will be damned to my own personal living hell where people continue to receive inferior work from second-rate individuals that undercut my prices by utilizing substandard techniques and materials. I really want to believe that something will be accomplished by all this, because I am in dire need of having my faith in the system reinstalled. If a government entity wants to regulate the industry, they can't simply half-ass it. They need to back up their imposed policies and enforce them properly, otherwise there is nothing gained and our industry will have suffered because all they can do is make idle threats.


Disclaimer: The experience above was submitted by a BME reader and has not
been edited. We can not guarantee that the experience is accurate, truthful,
or contains valid or even safe advice. We strongly urge you to use BME and
other resources to educate yourself so you can make safe informed decisions.


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