N.M. Admin. Code § 16.36.5.8
Current through Register Vol. 35, No. 17, September 10, 2024
Section 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.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:(f) EEC Nickel Directive compliant.(2) titanium; (d) commercially pure titanium that is ASTM F-67 compliant.(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.(6) biocompatible polymers;(7) glass: (b) lead-free borosilicate; or(c) lead free soda-lime glass.N.M. Admin. Code § 16.36.5.8
16.36.5.8 NMAC - N, 5/16/2008, Adopted by New Mexico Register, Volume XXVII, Issue 01, January 15, 2016, eff. 2/4/2016, Amended by New Mexico Register, Volume XXXIII, Issue 13, July 12, 2022, eff. 7/12/2022