New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 36 - BODY ART PRACTITIONERS, BOARD OF › Part 3 - REQUIREMENTS FOR ESTABLISHMENTS › Section 16.36.3.8 - REQUIREMENTS FOR ESTABLISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. All walls and floors of a body art
				establishment shall be washable and in good repair. Walls and floors shall be
				maintained in a clean condition. All surfaces, including client chairs and
				benches shall be of such construction as to be easily cleaned and sanitized
				after each client procedure. All body art establishments shall be completely
				separated from any other business or non-business using floor-to-ceiling walls
				and doors. Rooms where body art procedures occur shall be free from debris or
				any safety hazards and shall not be used for storage.
B. Establishments located within or at a
				private residence must meet zoning requirements. An establishment located in or
				at a private residence shall meet establishment requirements as stated in
				16.36.3.8 NMAC.
C. There shall be a
				minimum of 40 square feet of floor space for each procedure room. Each body art
				establishment shall have an area that may be screened from public view for
				clients requesting privacy. Multiple procedure rooms shall be separated by
				clean, non-porous and washable dividers, curtains or partitions, which shall be
				maintained with an EPA registered disinfectant.
D. The body art establishment shall be
				well-ventilated and provided adequate artificial light.
E. No animals of any kind shall be allowed in
				an establishment, except service animals used by persons with limitations as
				defined in the Americans with Disabilities Act. Aquariums are allowed, but not
				within a procedure room.
F. A
				separate, readily accessible, hand sink with hot and cold running water, under
				pressure, preferably equipped with wrist or foot operated controls and supplied
				with liquid soap and disposable paper towels shall be readily accessible within
				the body art establishment. One hand sink shall serve no more than three
				operators. In addition, there shall be a minimum of one lavatory, excluding any
				service sinks, and one toilet in a body art establishment.
G. At least one covered waste receptacle
				shall be provided in each operator area and each toilet room. Receptacles in
				the operator area shall be emptied daily and solid waste shall be removed from
				the premises at least weekly. Receptacles in the operator area shall either
				have a foot operated lid or a lid that can and shall remain open during body
				art procedures to prevent hand contact with the receptacle during a procedure.
				All refuse containers shall be cleanable and kept clean.
H. All instruments and supplies shall be
				stored in clean dry covered containers.
I. If reusable cloth items, including but not
				limited to lap-cloths, are used, they shall be mechanically washed after each
				client procedure. Reusable cloth items shall be mechanically washed with
				detergent and dried. The cloth items shall be stored in a clean dry
				environment.
J. The following
				information shall be kept on file on the premises of a body art establishment
				and available for inspection by the board:
(1)
				the full names of all employees in the establishment and their exact
				duties;
(2) the board-issued
				license with identification photograph;
(3) the body art establishment name and hours
				of operation;
(4) the name and
				address of the body art establishment owner;
(5) a complete description of all body art
				performed;
(6) maintenance of a
				safety data sheet (SDS) file containing pertinent information regarding
				products; and
(7) a copy of the
				Body Art Safe Practices Act and current rules.