§ 11-5-4 BODY ART OPERATOR REQUIREMENTS AND PROFESSIONAL STANDARDS.

The following information shall be kept on file on the premises of a body art establishment and available for inspection by the Department:

(A) The full names of all operators in the establishment and their exact duties.

(B) The following information pertaining to all operators in the establishment: Date of birth, gender, home address and phone number (home and work).

(C) Identification photographs of all operators.

(D) The body art establishment name and hours of operation.

(E) The name and address of the body art establishment owner or owners.

(F) A complete description of all body art performed.

(G) A list of all instruments, body jewelry, sharps, and inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers or invoices or other documentation sufficient to identify and locate the manufacturer.

(H) A copy of this article.

(Ord. 33-1998)

§ 11-5-5 PERMITS.

(A) Permits shall be prominently displayed in the body art establishment and shall not be defaced or altered in any manner.

(B) It shall be unlawful for any person to perform body art unless such procedures are performed in a body art establishment with a current permit. Any person who performs a body art procedure without a permit shall be subject to the penalty provisions in §1-1-99 ROA 1994. Each procedure is a separate punishable act under §1-1-99 ROA 1994.

(Ord. 33-1998)

§ 11-5-6 GENERAL PROVISIONS.

(A) Smoking, eating, or drinking by anyone is prohibited in the procedure room while body art preparation, procedure and clean up is being performed.

(B) Operators must be a minimum of eighteen years of age.

(C) Operators shall refuse service to any person who, in the opinion of a reasonable objective observer, is under the influence of alcohol or drugs.

(D) The operator shall maintain a high degree of personal cleanliness, conform to hygienic practices and wear clean clothes when performing body art.

Before performing body art, the operator must thoroughly wash his or her hands in hot running water with liquid antimicrobial soap, then rinse his or her hands and dry with disposable paper towels. This shall be done as often as necessary to remove contaminants.

(E) In performing body art, the operator shall wear disposable medical gloves. The gloves shall be discarded at a minimum, after the completion of each procedure on an individual client.

(F) If, while performing body art, the operator's glove is pierced, torn or otherwise contaminated, the procedure in paragraphs (D) and (E) above shall be repeated immediately. The contaminated gloves shall be immediately discarded and the hands washed thoroughly as described in paragraph (D) above before a fresh pair of gloves are used. Any item or other instrument used for body art which is contaminated during the procedure shall be discarded and replaced immediately with new ones before the procedure resumes.

(G) Contaminated waste, as defined in this article, 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, or delivered to, 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 the period specified by the New Mexico Environment Department.

(H) No person shall perform any body art upon a person under the age of 18 years without the written consent of a parent or legal guardian. The written consent must be kept on the premises at the body art establishment. The parent or legal guardian does not have to stay at the body art establishment during the entire body art procedure as long as the parent or legal guardian provides written and notarized consent to the specific planned procedure(s) to the body art establishment prior to the procedure(s). If the parent or legal guardian remains present during the body art procedure, the written consent does not have to be notarized. Written consent shall be personally delivered to the body art establishment by the parent or legal guardian; delivery by the person under 18 years of age is not sufficient. Photographic identification of the parent or legal guardian is required. Nothing in this section is intended to require an operator to perform any body art on a person under 18 years of age with or without parental or guardian consent.

(I) Any skin or mucosa surface to receive a body art procedure shall be free of rash, infection or any other visible active pathological condition.

(J) The skin of the operator shall be free of rash, infection or any other visible pathological condition. No person or operator affected with boils,infected wounds, open sores, abrasions, exudative lesions, acute respiratory infection, nausea, vomiting or diarrhea shall work in any area of a body art establishment in any capacity in which there is a likelihood of contaminating body art equipment, supplies or working surfaces with pathogenic organisms.

(K) Proof shall be provided upon request of the Department that all operators have either completed or were offered and declined, in writing,the Hepatitis B vaccination series; that antibody testing has revealed that the operator is immune to Hepatitis B; or that the vaccine is contraindicated for medical reasons. Contraindication requires a dated and signed physician's statement specifying the name of the Operator and stating that the vaccine cannot be given. This documentation is to be kept on the premises of the body art establishment. For those who decline the Hepatitis B vaccination series, an information brochure developed by the Department will be provided which explains the risks of Hepatitis B and C and provides treatment options following an exposure incident.

§ 11-5-7 EXEMPTIONS.

§ 11-5-9 RECORDS RETENTION.

The body art establishment shall keep a record of all persons who have had body art procedures performed. The record shall include the name, date of birth, and address of the client, the date of the procedure, the name of operator who performed the procedure(s), the type of procedure performed and its location on the client's body, the signature of the client and, if the client is a minor, written proof of parental or guardian presence and consent as more particularly described in § 11-5-6(H) ROA 1994 above.  A record of the specific ink color(s) applied, and, when available, the manufacturer, catalogue identification number or supplier invoice of each color used shall be maintained.For jewelry, a record of the manufacturer, catalogue identification number or supplier invoice shall be maintained. All records described in this paragraph shall be retained for a minimum of three years and provided to the Department upon request.

§ 11-5-10 PREPARATION AND CARE OF THE BODY ART AREA.

(A) Before performing body art, the skin of and surrounding the area where the body art is to be placed shall be washed with antimicrobial soap or iodine or other antiseptics on a list of approved substances maintained by the Department. If piercing or other procedures penetrating the subcutaneous layer are to be performed, the area must be cleaned with a fresh antiseptic solution. If shaving is necessary, safety razors with single service blades shall be used and discarded after each use. The razor blade holder, if reusable, shall be autoclaved after each use. Following shaving, the skin and surrounding area shall be washed with antimicrobial soap and the washing pad shall be discarded after a single use.

(B) In the event of blood flow, all products used to check the flow of blood or to absorb blood shall be used only once and disposed of immediately after use.

(C) Written and verbal instructions regarding the proper care of the body art shall be provided to each client following each body art procedure.

(Ord. 33-1998)

§ 11-5-11 SANITATION AND STERILIZATION.

(A) All non-disposable instruments used for body art shall be cleaned thoroughly after each use by scrubbing with an antimicrobial 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) 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.

(C) 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 Department.

(D) Each holder of a permit 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. The permit shall not be issued or renewed until documentation of the sterilizer's ability to destroy spores is received by the Department. These test records shall be retained by the operator for a period of three years and provided to the Department upon request.

(E) 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.

(F) 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.

(G) 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.

(Ord. 33-1998)

§ 11-5-13 REQUIREMENTS FOR PREMISES.

(A) Body art establishments applying for a permit shall submit a scale drawing and floor plan of the proposed establishment for a plan review by the Department as part of the permit application process. The Department may charge a reasonable fee for this review.

(B) All walls, floors, and ceilings of a body art establishment shall be smooth, free of open holes or cracks, light-colored, washable and in good repair.Walls, floors and ceilings 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 by solid partitions, or by walls extending from floor to ceiling, from any room used for human habitation, a food establishment or room where food is prepared, a hair salon, retail sales, or other such activity which may cause potential contamination of work surfaces.

 (C) Insects, vermin and rodents shall not be present in any part of the body art establishment, its appurtenances or appertaining premises.

(D) There shall be a minimum of 35 square feet of floor space for each procedure room. Each body art establishment shall have an area which may be screened from public view for clients requesting privacy. Multiple procedure rooms shall be separated by wipeable dividers, curtains or partitions.

(E) The body art establishment shall be well-ventilated and provided with an artificial light source equivalent to at least 20 foot candles three feet off the floor, except that at least 100 foot candles shall be provided at the level where the body art procedure is being performed, and where instruments and sharps are assembled.

(F) No animals of any kind shall be allowed in a procedure room except service animals used by persons with limitations. Small animals confined to a cage or aquarium are allowed only outside a procedure room.

(G) A separate, readily accessible, handsink with hot and cold running water, under pressure, preferably equipped with wrist or foot operated controls and supplied with liquid antimicrobial soap and disposable paper towels shall be readily accessible within the body art establishment. One handsink 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.

(H) 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 lidded, cleanable and kept clean.

(I) All instruments and supplies shall be stored in clean dry covered containers.

(J) 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.

(Ord. 33-1998)

§ 11-5-14 PERMIT REQUIREMENTS.

(A) Body Art Establishment Permit.

• (1) No person, firm, partnership, joint venture, association, business trust, corporation or any organized group of persons may operate a body art establishment without a body art establishment permit issued by the Department.
• (2) The permit shall be obtained annually. Beginning and ending permit time frames will be established by the Department.
• (3) The applicant shall pay a reasonable non-refundable fee as set by the Department for each body art establishment permit.
• (4) A permit for a body art establishment shall not be transferable from one place or person to another.
• (5) A current body art establishment permit shall be posted in a prominent and conspicuous area where it may be readily observed.
• (6) The holder of a body art establishment permit must only hire operators who have complied with the operator permit requirements of this article.
• (7) Body art establishments which are engaged in the body art business before the effective date of this article shall have 60 days to comply with the permitting requirements.

(B) Operator Permit.

• (1) No person shall practice body art procedures without first obtaining a permit from the Department. The Department shall set a reasonable non-refundable fee for such permits.
• (2) The operator permit shall be valid from the date of issuance and shall automatically expire in two years from the date of issuance unless revoked sooner by the Department.
• (3) An application for an operator permit shall include: Name, date of birth, sex, residence, mailing address, phone number, place(s) of employment, and training and experience of the operator.
• (4) Within 90 days of the operator's receipt of the operator's first permit, the operator must provide proof of attendance at a blood-borne pathogen training program (or equivalent) approved by the Department. During the said 90 days, the operator shall become familiar with this article, undergo in-house training and familiarize themselves with information available from the Department concerning Hepatitis B. Subsequently, the operator must attend a blood-borne pathogen training program (or equivalent) at least once every three years.
• (5) No operator permit shall be issued unless, following reasonable investigation by the Department, the operator has demonstrated compliance with the provisions of this section and all other provisions of this article.
• (6) All operator permits shall be conditioned upon continued compliance with the provisions of this section as well as all applicable provisions of this article. 
• (7) All operator permits shall be posted in a prominent and conspicuous area.

(Ord. 33-1998)

§ 11-5-15 PROHIBITIONS.

(A) Performing body art is prohibited on any person under the age of 18 without the written consent of the parent or legal guardian. This consent is to be given in person to the operator by the parent or legal guardian before the body art procedure commences. Photographic identification of the parent or legal guardian is required.

(B) Performing body art is prohibited on any person who appears to a reasonable person to be under the influence of alcohol or drugs.

(C) Owning, operating or soliciting business as a body art establishment or operator without first obtaining all necessary permits and approvals from the Department is prohibited.

 (D) Obtaining or attempting to obtain any body art establishment or operator permit by means of fraud, misrepresentation or concealment is prohibited.

(Ord. 33-1998)

§ 11-5-16 SUSPENSION OR REVOCATION OF PERMITS.

(A) Permits issued under the provisions of this article may be suspended temporarily by the Department for violation of this article. There is no property right in a permit.

(B) If a permit holder fails to comply with any notice or request issued under the provisions of this article, the permit holder must be notified in writing ("written notice") that the permit is immediately suspended. The written notice must also contain a statement informing the permit holder that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Department within 14 days.

(C) Any person whose permit has been suspended may apply for a replacement permit. Within 10 days following receipt of a written request for a replacement permit, including a statement signed by the applicant that in his or her opinion the conditions causing the suspension have been corrected, and submission of the appropriate reinspection fees, the Department shall reinspect the body art establishment or evaluate documentation provided by an operator. If the applicant is complying with the provisions of this article, the Department may in its discretion issue a replacement permit.

(D) For serious or repeated violations of any of the requirements of this article or for interference with the Department in the performance of its duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Department. Before taking such an action, the Department shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising the permit holder of the requirements for filing a request for a hearing. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

(E) The Department may permanently revoke a permit following service of a notice of  revocation unless a request for a hearing is filed with the Department by the permit holder within 14 days

(F) The hearings provided for in this section shall be conducted by the Department at a time and place designated by the Department. The hearing shall be scheduled no later than 120 days after mailing of a Notice of Revocation of a Permit. After hearing, the Department shall make a finding and may sustain, modify or rescind any official notice or order considered in the hearing. A written decision must be furnished to the permit holder by the Department.

(Ord. 33-1998)

§ 11-5-17 ENFORCEMENT.

(A) Operation of any body art establishment or performance of any body art without a permit is a misdemeanor and shall be subject to the penalty provisions in §1-1-99 ROA 1994. Each day of operation without a permit and each separate body art procedure shall be a separate offense.

(B) The Department may inspect body art establishments without a warrant and as often as necessary throughout the year to ensure compliance with this article.

(C) It is unlawful for any person to interfere with the Department in the performance of its duties and any such violation is subject to the penalty provisions in §1-1-99 ROA 1994.

(D) A copy of the inspection report must be furnished to the permit holder. The Department shall retain the original inspection report.

(E) If a permittee violates this article, the Department may, in its discretion, advise the permittee, in writing, of the Department's finding of a violation and instruct the permittee to undertake specific remedial steps to correct such violation(s) within a reasonable period of time not to exceed 30 days.

(F) If the Department reasonably suspects that a communicable disease is being transmitted or may be transmitted by an operator or body art establishment, the Department may do any or all of the following:

• (1) Issue an order excluding any or all operators from the permitted body art establishment until the Department determines there is no further risk to public health.
• (2) Issue an order immediately suspending the body art establishment permit until the Department determines there is no further risk to the public health.