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(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.