TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 36 BODY ARTISTS AND OPERATORS
PART 5 STANDARDS OF PRACTICE
16.36.5.1 ISSUING AGENCY: Board of Body Art Practitioners.
[16.36.5.1 NMAC -
Rp, 16.36.5.1 NMAC, 2/4/2016; A, 2/3/2022]
16.36.5.2 SCOPE: Any person licensed to practice body art
tattoo, piercing, scarification and all operators.
[16.36.5.2 NMAC - Rp,
16.36.5.2 NMAC, 2/4/2016]
16.36.5.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the
Body Art Safe Practices Act, Section 61-17B-8.
[16.36.5.3 NMAC - Rp,
16.36.5.3 NMAC, 2/4/2016]
16.36.5.4 DURATION: Permanent
[16.36.5.4 NMAC - Rp,
16.36.5.4 NMAC, 2/4/2016]
16.36.5.5 EFFECTIVE DATE: February 4, 2016, unless a later date is cited
at the end of a section.
[16.36.5.5 NMAC - Rp,
16.36.5.5 NMAC, 2/4/2016]
16.36.5.6 OBJECTIVE: To provide minimum licensure with minimum
practice of standards.
[16.36.5.6 NMAC - Rp,
16.36.5.6 NMAC, 2/4/2016]
16.36.5.7 DEFINITIONS: [RESERVED]
16.36.5.8 STANDARDS OF
PRACTICE AND PROFESSIONAL STANDARDS:
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.
(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.
(2) titanium;
(a) ASTM
F-136;
(b) ASTM
F-1295;
(c) ISO
5832-3; or
(d) commercially
pure titanium that is ASTM F-67 compliant.
(3) niobium:
(4) gold
that is 14k to 18k, nickel-free, cadmium-free and alloyed for biocompatibility.
Gold plated, gold-filled, or fold overlay/vermeil jewelry is not acceptable for
fresh piercing.
(5) platinum;
(6) biocompatible
polymers;
(7) glass:
(a) fused
quarts glass;
(b) lead-free
borosilicate; or
(c) lead
free soda-lime glass.
[16.36.5.8 NMAC - Rp, 16.36.5.8 NMAC, 2/4/2016;
A, 7/12/2022]
16.36.5.9 STERILE PROCEDURES AND SANITATION:
A. All
non-disposable instruments used for body art shall be cleaned thoroughly after
each use by scrubbing with a liquid soap solution and hot water or an
appropriate disinfectant to remove blood and tissue residue and placed in an
ultrasonic unit which shall remain on the premises of the body art establishment and which will be operated in accordance with
the manufacturer's instructions.
B. All facilities
that reprocess reusable instruments shall have an equipment cleaning room that
is physically separated from the work stations. Facilities that use all disposable equipment
shall be exempt from this requirement.
C. After cleaning,
all non-disposable instruments used for body art shall be packed individually
in paper peel-packs and sterilized. All
paper peel-packs shall contain either a sterilizer indicator or internal
temperature indicator. Properly
packaged, sterilized and stored equipment can be
stored no more than one year. Paper
peel-packs must be dated with an expiration date not to exceed one year. Sterile equipment may not be used after the
expiration date without first repackaging and resterilizing.
D. All
non-disposable instruments used for body art shall be sterilized in an
autoclave at the body art establishment. Off-site sterilization is prohibited. The sterilizer shall be used, cleaned, and
maintained according to manufacturer's instructions. A copy of the manufacturer's recommended
procedures for the operation of the sterilization unit must be available for
inspection by the board.
E. Each holder of a
license to operate a body art establishment shall demonstrate that the
sterilizer used is capable of attaining sterilization
by monthly spore destruction tests. These
tests shall be verified through an independent laboratory. These test records shall be retained by the
operator for a period of three years and provided to the board upon request.
F. After
sterilization, the instrument used for body art, tattooing or body piercing
shall be stored in a dry, clean cabinet or other tightly covered container
reserved for the storage of such instruments.
G. All instruments
used for body art, tattooing or body piercing shall remain stored in sterile
packages until just prior to performing a body art procedure. When assembling instruments used for
performing body art, the operator shall wear disposable medical gloves and use
techniques to ensure that the instruments and gloves are not contaminated.
H. All inks, dyes, pigments and sharps shall be specifically manufactured for
performing body art procedures and shall not be adulterated. Immediately before applying a tattoo, the
quantity of the dye to be used for the tattoo shall be transferred from the
bottle and placed into sterile, single use paper cups or plastic caps. Upon completion of the tattoo, these single
cups or caps and their contents shall be discarded.
I. For body
piercing and tattooing establishments primarily utilizing a Statim
autoclave, reusable items shall be sterilized in an autoclave in a bulk load
without sterilization pouches, previous to
sterilization in the Statim autoclave, for the body piercing
or tattoo procedure. Reusable
instruments and single use items sterilized in a Statim
autoclave cassette must be used immediately after opening the Statim autoclave cassette. The items contained in the Statim
autoclave cassette shall be used for one client only and shall include use of
an integrater strip.
[16.36.5.9 NMAC - Rp,
16.36.5.9 NMAC, 2/4/2016; A, 7/12/2022]
16.36.5.10 REQUIREMENTS FOR SINGLE USE ITEMS:
A. All sharps shall
be sterilized prior to use and stored in paper peel-packs.
B. Single use items
shall not be used on more than one client for any reason. After use, all single use needles, razors and other sharps shall be immediately disposed of in
approved sharps containers. Piercing
needles are strictly single use.
C. All body art
stencils shall be single use and disposable. Petroleum jellies, soaps and other products
used in the application of stencils shall be dispensed and applied on the area
to be tattooed with sterile gauze or in a manner which prevents contamination
of the original container and its contents. The gauze shall be used only once and then discarded.
[16.36.5.10 NMAC - Rp, 16.36.5.10 NMAC, 2/4/2016]
16.36.5.11 CLIENT CARE AND RECORDS REQUIREMENTS:
A. Prior to
performing a body art procedure on a client, the practitioner shall:
(1) inform
the client, verbally and in writing that the following health conditions may
increase health risks associated with receiving a body art procedure:
(a) history
of diabetes;
(b) history
of hemophilia (bleeding);
(c) history
of skin disease, skin lesions, or skin sensitivities to soaps, disinfectants etc.;
(d) history
of allergies or adverse reactions to pigment, dyes, or other sensitivities;
(e) history
of epilepsy, seizures, fainting, or narcolepsy;
(f) use
of medications such as anticoagulants, which thin the blood or interfere with
blood clotting; and
(g) any
other conditions such as hepatitis or HIV.
(2) require
that the client sign a form confirming that the above information was provided,
that the client does not have a condition that prevents them from receiving
body art, that the client consents to the performance of the body art procedure
and that the client has been given the aftercare instructions as required by
Subsection J of 16.36.5.8 NMAC.
B. Preparation and
care of a client's skin area must comply with the following:
(1) Any
skin area or mucosa surface to receive a body art procedure shall be free of
rash or any visible infection.
(2) Before
a body art procedure is performed, the immediate skin area and the areas of the
skin surrounding where body art procedure is to be placed shall be washed with
soap and water or an approved surgical skin preparation. If shaving is necessary, single-use disposable
razors or safety razors with single-use blades shall be used. Blades shall be discarded after each use, and
reusable holders shall be cleaned and autoclaved after each use. Following shaving, the skin and surrounding
area shall be washed with soap and water. The washing pad shall be discarded after a
single use.
(3) In
the event of bleeding, all products used to stop the bleeding or to absorb
blood shall be single use, and discarded immediately after use in appropriate
covered containers, and disposed of in accordance with the OSHA blood borne
pathogens standard.
C. The body art
establishment shall keep a record of all persons who have had body art
procedures performed. The record shall
include:
(1) client’s
name;
(2) date
of birth;
(3) address;
(4) the
date of the procedure;
(5) the
name of licensee who performed the procedure(s);
(6) the
type of procedure performed and its location on the client's body;
(7) the
signature of the client and, if the client is a minor, written proof of
parental or legal guardian presence and consent;
(8) specific
ink color(s) applied, and, when available, the manufacturer, catalogue
identification number or supplier invoice of each color used.
D. For jewelry, a
record of the manufacturer, catalogue identification number or supplier invoice
shall be maintained.
E. All records
described in this paragraph shall be retained for a minimum of three years and
provided to the board upon request. Records
destroyed after three years shall be destroyed by shredding or appropriate
destruction methods.
F. The licensee
shall provide each client with verbal and written instructions on the aftercare
of the body art site. The written
instructions shall advise the client:
(1) on
proper cleansing of the area which received the body art;
(2) to
consult a health care provider for:
(a) unexpected
redness, tenderness or swelling at the site of the body art procedure;
(b) any
rash;
(c) unexpected
drainage at or from the site of the body art procedure; or
(d) a
fever within 24 hours of the body art procedure; and
(3) the
address, and phone number of the establishment; a copy shall be provided to the
client; a model set of aftercare instructions shall be made available by the board.
[16.36.5.11 NMAC -
Rp, 16.36.5.11 NMAC, 2/4/2016]
HISTORY OF 16.36.5 NMAC:
History of Repealed Material:
16.36.5 NMAC, Standards of Practice, filed 4/16/2008 – Repealed
effective, 2/4/2016