New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 36 - BODY ART PRACTITIONERS, BOARD OF › Part 5 - STANDARDS OF PRACTICE › Section 16.36.5.8 - STANDARDS OF PRACTICE AND PROFESSIONAL STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Practitioners are required to comply with the following
				  minimum standards.
A. A practitioner
				shall perform all body art procedures in accordance with universal precautions
				set forth by occupational health and safety administration (OSHA) and the
				United States centers for disease control.
B. Smoking, eating, or drinking by anyone is
				prohibited in the procedure room while body art preparation, procedure and
				clean-up is being performed.
C. A
				practitioner shall refuse service to any person who, in the opinion of a
				reasonable objective observer, may be under the influence of alcohol or
				drugs.
D. A practitioner shall
				maintain the highest degree of personal cleanliness, conform to best standard
				hygienic practices, and wear clean clothes when performing body art procedures.
				Before performing body art, the licensee must thoroughly wash their hands in
				hot running water with liquid antimicrobial soap, then rinse hands and dry with
				disposable paper towels. This shall be done as often as necessary to remove
				contaminants.
E. The skin of the
				licensee shall be free of rash or infection. No licensee affected with boils,
				infected wounds, open sores, abrasions, weeping dermatological lesions or acute
				respiratory infection shall work in any area of a body art establishment in any
				capacity in which there is a likelihood that that person could contaminate body
				art equipment, supplies, or working surfaces with body substances or pathogenic
				organisms.
F. In performing body
				art procedures, a practitioner shall wear disposable single-use gloves. The
				gloves shall be discarded, at a minimum, after the completion of each procedure
				on an individual client, and hands shall be washed in accordance with
				Subsection D before the next set of gloves is put on. Under no circumstances
				shall a single pair of gloves be used on more than one person. The use of
				disposable single-use gloves does not preclude or substitute for hand washing
				procedures as part of a good personal hygiene program.
G. If, while performing body art, the
				licensee's glove is pierced, torn, or otherwise contaminated by contact with
				any unclean surfaces or objects or by contact with a third person, the
				procedures in Subsections D and E above shall be repeated immediately. Any item
				or instrument used for body art which is contaminated during the procedure
				shall be discarded and replaced immediately with new sanitary items or
				instrument before the procedure resumes.
H. Contaminated waste, which may release
				liquid blood or body fluids when compressed or may release dried blood or body
				fluids when handled must be placed in an approved "red" bag which is marked
				with the international "biohazard" symbol. It must then be disposed of by an
				approved medical waste facility pursuant to federal and state regulations
				including but not limited to
				29 CFR
				1910.1030 and New Mexico solid waste
				management regulations promulgated by the New Mexico environment department.
				Sharps ready for disposal shall be disposed of in approved sharps containers.
				Contaminated waste which does not release liquid blood or body fluids when
				compressed or does not release dried blood or body fluids when handled may be
				placed in a covered receptacle and disposed of through normal, approved
				disposal methods. Storage of contaminated waste on-site shall not exceed 90
				days. Establishment shall maintain records of waste removal.
I. Petroleum jellies, soaps, and other
				products used in the application of stencils shall be dispensed and applied on
				the area to receive a body art procedure with sterile gauze or other sterile
				applicator to prevent contamination of the original container and its content.
				The applicator or gauze shall be used once and then discarded.
J. It is the responsibility of the operator
				of the body art establishment to be in possession of the most current
				regulations and aftercare instructions.
K. Jewelry inserted into a newly pierced area
				must be the appropriate length and diameter for the unique anatomy and
				placement of the piercing. Materials appropriate to wear in a fresh body
				piercing must be able to withstand the heat and pressure of an autoclave
				sterilization and compatible with the body to prevent irritation, allergy, or
				infection. Materials must be to the specific grade of metal designated by code
				through the American Society for Testing and Materials Standards (ASTM), the
				International Organization for Standardization (ISO) or to the standards listed
				below:
(1) surgical steel should meet on or
				more of the following criteria:
(a) ASTM
				F-138
(b) ISO 5832-1
(c) ISO 10993-6
(d) ISO 10993-10
(e) ISO 10993-11; or
(f) EEC Nickel Directive compliant.