For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTISEPTIC. An agent that destroys disease causing microorganisms on human skin or mucosa. A list of approved antiseptic agents will be maintained by the Environmental Health Department.
BODY ART. The practice of physical body adornment by any method including but not limited to the following: body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition does not include practices that are considered medical procedures by a state medical board, such as implants under the skin. This definition also does not include ear piercing as fully defined in § 11-5-7(B) ROA 1994 below.
BODY ART ESTABLISHMENT. Any place of business which performs body art and is engaged in business as defined in § 13-1-2 ROA 1994.
BODY PIERCING. Any method of piercing the skin or mucosa in order to place any object including, but not limited to, rings, studs, bars or other forms of jewelry through the skin or mucosa. This article expressly excludes ear piercing, as defined in § 11-5-7(B) ROA 1994 below, as a body piercing procedure.
CLIENT. Any person who inquires about or requests a body art procedure.
CONTAMINATED WASTE. Any liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps and pathological and microbiological wastes containing blood and other potentially infectious materials, as further defined in 29 CFR 1910.1030.
COSMETIC TATTOOING. The practice of depositing pigment into the epidermis, utilizing needles, which is either permanent, semipermanent or temporary by someone other than a state licensed physician. Cosmetic tattooing shall also include permanent cosmetics, dermography, micro pigmentation, permanent color technology and micro pigment implantation.
DEPARTMENT. The Environmental Health Department of the city including its agents and employees.
DISINFECTION. The killing of microorganisms, but not necessarily their spores, on inanimate objects.
EQUIPMENT. All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatuses and appurtenances used in connection with the operation of a body art establishment.
HANDSlNK. A lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms or other portions of the body.
HOT WATER. Water which is at a constant temperature of at least 100° Fahrenheit.
INSTRUMENTS USED FOR BODY ART. Hand pieces, needles, needle bars and other instruments that may come in contact with any person's body during body art.
INVASIVE. Entry into the body either by incision or insertion of an instrument into or through the skin or mucosa, or by any other means intended to compromise the skin or mucosa.
JEWELRY. Any personal ornament inserted into a pierced area. Jewelry inserted into a newly pierced area must be made of non-hazardous materials including but not limited to 316 L or LVM surgical implant grade stainless steel, solid 14k or 18k white or yellow gold, niobium, titanium, platinum. Jewelry inserted into existing healed piercings must be made of materials commonly used in the industry including but not limited to 316 L or LVM surgical implant grade stainless steel, solid 14k or 18k white or yellow gold, niobium, titanium, platinum, low porosity plastic such as monofilament nylon, acrylic or lucite, tempered glass or high density low porosity non toxic hard woods. Furthermore, such jewelry must be free of nicks, scratches or irregular surfaces and have been properly sterilized prior to use. Hardwood jewelry is single use only. Ear studs are not considered jewelry under this article.
OPERATOR. Any person who controls, operates, manages, conducts, or practices body art activities at a body art establishment and who is responsible for compliance with these regulations whether or not that person actually performs body art activities.
PERMIT. Written approval by the Department to operate a body art establishment. Approval is given in accordance with this article and is separate from any other licensing requirements that may exist.
PERSON. A natural person, any form of business or social organization and any other nongovernmental legal entity including but not limited to a corporation, partnership, limited liability company, association, trust or unincorporated organization.
PROCEDURE ROOM. A room in the body art establishment where body art is performed.
PROCEDURE SURFACE. Any surface that contacts the client's unclothed body during a body art procedure or any associated work area which may require sanitizing.
SANITIZE or SANITIZATION. A procedure that reduces the level of microbial contamination so that the item or surface is considered safe.
SHARPS. Any sterilized object that is used for the purpose of penetrating the skin or mucosa including, but not limited to, needles, scalpel blades and razor blades.
SHARPS CONTAINER. A puncture-resistant, leak-proof container that can be closed for handling, storage, transportation and disposal and is labeled with the international "biohazard" symbol.
SINGLE USE. Products or items that are intended for one-time, one person use and are disposed of after use on each client including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups and protective gloves.
STERILIZATION. Destruction of all forms of microbiotic life, including spores.
TATTOOING. Any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of cosmetic tattooing.
UNDER DIRECT SUPERVISION OF A PHYSICIAN. Employed by and working in the office or clinic of a physician licensed in the State of New Mexico, or at a site approved by the Department, with treatment ordered by the physician.
(Ord. 33-1998)