New Mexico Register / Volume XXXVI,
Issue 24 / December 23, 2025
This is an
amendment to 16.36.5 NMAC, Sections 8, 9, & 11 effective 12/23/2025.
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] Occupational
Safety and Health Administration (OSHA) and the United States [centers
for disease control] Centers for
Disease Control and Prevention.
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.] 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.
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.] Before performing body art, the licensee must thoroughly
wash their hands in running water with liquid soap, then rinse hands and dry
with disposable paper towels.
F. [In
performing body art procedures,] [a] 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] E 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] a 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]
item(s) or [instrument] instrument(s) used for body art
which [is] are contaminated during the procedure shall be
discarded and replaced immediately with new sanitary items or [instrument]
instrument(s) before the procedure resumes.
H. Contaminated
waste, should be handled as follows: [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.]
(1) 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.
(2) Contaminated waste that does not
release liquid or dried blood or body fluids when compressed or when handled
may be placed in a covered receptacle and disposed of through normal, approved
disposal methods. All contaminated waste
must be properly disposed of, and on-site storage shall not exceed 90 days. The establishment shall maintain documentation
of all 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.] Sharps
containers shall be disposed of through an approved medical waste disposal
method once they are ready for disposal. The establishment must maintain
disposal records, including the date of disposal, disposal method, and
destination or facility where sharps were taken, in accordance with EPA
standards and state regulations.
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.] 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.
L. Jewelry inserted into a newly
pierced area must be appropriately sized to accommodate the client’s unique
anatomy and the specific placement of the piercing. All materials used in the
initial piercings must be both biocompatible and able to withstand heat and
pressure from autoclave sterilization without degradation. Materials must meet
the standards for safety and compatibility set by the American Society for
Testing and Materials (ASTM), the International Organization for
Standardization (ISO), or to conform to one of the specific 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.
(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] quartz 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; A, 12/23/2025]
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.]
A. Sterilization of instruments
and equipment shall be as follows:
(1) All non-disposable
instruments used for body art shall be cleaned thoroughly after each use by
scrubbing with a liquid soap solution and water or an appropriate enzymatic
cleaner to remove blood and tissue residue and placed in an ultrasonic unit or
instrument washer which shall remain on the premises of the body art
establishment, and which will be operated in accordance with the manufacturer's
instructions.
(2) All facilities
that reprocess reusable instruments shall have an equipment cleaning room that
is physically separated from the procedure areas. Facilities that use all disposable equipment
shall be exempt from this requirement.
(3) 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.
(4.) 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.
(5.) 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.
(6.) Instruments 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.
(7.) Properly packaged, sterilized, and
stored equipment and instruments can be kept for up to one year. The packs
should be labeled with an expiration date not to exceed one year.
(8.) Any sterile equipment or instrument
that reaches its expiration date must be re-sterilized and repackaged before
use. If supplies are purchased pre-sterilized and come with an expiration date
longer than one year, that expiration date is acceptable.
(9.) 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 exam gloves and use
techniques to ensure that the instruments and gloves are not contaminated.
B. All inks, dyes, pigments and sharps
shall be specifically manufactured for performing body art procedures and shall
be labeled with the manufacturer’s expiration date. All expired ink shall be
disposed of. Immediately before applying
a tattoo, the quantity of the ink 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.
C. For establishments utilizing a
cassette-style autoclave for point-of-use sterilization, reusable instruments
must first be sterilized in a bulk load - unpacked and not intended for
immediate use - prior to reprocessing in the cassette autoclave for client
procedures. Items sterilized in a cassette-style autoclave must be used
immediately after the cassette is opened and are intended for a single client
only. Each cycle must include a chemical integrator strip to confirm that
proper sterilization parameters were achieved.
D. All surfaces, tools, or equipment
that come in contact with the public and cannot be sterilized must be
disinfected using an EPA registered hospital grade disinfectant that is mixed
and used according to the manufacturer’s directions.
E. All expired chemicals and products shall
be disposed of according to EPA recommendations.
[16.36.5.9 NMAC -
Rp, 16.36.5.9 NMAC, 2/4/2016; A, 7/12/2022; A, 12/23/2025]
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] Bloodborne Pathogens Standard (29 CFR 1910.1030).
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;] the signature of the
legal guardian, and legal documentation as defined in Subsection T. of
16.36.1.7 NMAC;
(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; A, 12/23/2025]