(A) Physicians licensed by the State of New Mexico who utilize body art procedures as part of patient treatment are exempt from these regulations.
(B) Individuals who pierce only the outer perimeter and lobe of the ear using a pre-sterilized encapsulated single use stud ear piercing system, implementing the proper procedures listed herein, are exempt from these regulations. Individuals who use these ear piercing systems must conform to the manufacturer's directions on use and applicable U. S. Food and Drug Administration requirements. Individuals who use ear piercing systems must provide written aftercare instructions to all customers regarding proper care for their ear piercing. No individual may perform an ear piercing upon a minor unless the parent/legal guardian is present at the time of the piercing and has given written consent. All ear piercing records must be retained for a period of three years. All piercers must employ handwashing or use of an antibacterial gel and wear disposable medical gloves which are to be discarded after use for each customer. The Department retains authority to investigate consumer complaints relating to alleged misuse or improper procedures involving ear piercing systems and may pursue all remedies under law.
(Ord. 33-1998)