Inspection Notices

Licensing Requirements

• All licenses must be active and current.
• Post establishment and individual licenses visibly to the public.
• Individual licenses must include a recent photo.
  • Inspectors may request a photo ID.
    

Apprentice Sponsor and Apprentice Reminders

• Sponsor can have one apprentice at a time.
• Apprentice must remain in direct supervision of their sponsor until all requirements have been met and can only practice in the licensed establishment at time of approval.

 ATTENTION:

Unlicensed activity may result in penalties up to $10,000 per violation under the Uniform Licensing Act.

Body Art Establishment Requirements

Infection Control

• Maintain a clean, debris-free environment.
• Use properly mixed, medical-grade disinfectants.
• Before performing services:
  • Obtain client’s consent and signature.
  • If the client is a minor, obtain written proof of parent/guardian presence and consent.
  • Keep a list on-site of all instruments, jewelry, sharps, and inks used, including manufacturer names, serial/lot numbers, invoices, or equivalent documentation.
• Dispose of contaminated waste (e.g., blood-soaked materials) in approved red biohazard bags.
• Provide foot-operated or covered trash bins at each workstation; keep open during procedures and empty daily.
• Practitioners must wear disposable, single-use gloves—never reuse gloves between clients. Gloves must be replaced if torn.
• Petroleum jellies, soaps, and other products used in the application of stencils shall be dispensed and applied on the area to be tattooed with sterile gauze or in a manner which prevents contamination of the original container and its contents. The gauze shall be used only once and then discarded.
• Use only inks, dyes, pigments, and sharps made specifically for body art; no adulterated materials allowed.
• Provide clients with after-care instructions.

Reusable Items

• If reprocessing reusable instruments, use a separate, designated cleaning room.
• Sterilize non-disposable instruments per manufacturer’s instructions:
  • Perform and retain monthly spore test records for three years.
  • Pack instruments in paper peel-packs, dated, with expiration no longer than one year.
• All instruments shall remain stored in sterile packages until prior to performing a procedure.
• When assembling instruments to be used, the operator shall wear disposable medical gloves and use techniques to ensure the instruments and gloves are not contaminated.

Single use Items

• All sharps shall be sterilized prior to use and stored in paper peel-packs.
• Single-use items shall not be used on more than one client for any reason.
• After use, all single-use needles, razors, and other sharps shall be immediately disposed of in approved sharps containers.
• Piercing needles are strictly single-use.
• All body art stencils shall be single-use and disposable.
• Practitioners must wear disposable, single-use gloves—never reuse gloves between clients.

Sharps Disposal

• Discard sharps in approved containers.
• Maintain records of disposal, including date and location (e.g., NMDOH, clinic, fire department).
• On-site waste storage must not exceed 90 days.

RULES: For additional rules – click this link: Chapter 36 – Body Artists and Operators – State Records Center & Archives

Prohibited

No animals of any kind shall be allowed in an establishment, except service animals used by persons with limitations as defined in the Americans with Disabilities Act. Aquariums are allowed, but not within a procedure room.

Additional Notes

• Incorrect or incomplete licenses?
  • Schedule an appointment with board staff to update. You can schedule an appointment by clicking this link https://www.rld.nm.gov/boards-and-commissions/schedule-an-appointment/.  

Inspectors

• If you are ever unsure if they are official inspectors, please contact the board office.
• All payments are processed using NM-PLUS (online licensing system)
• Inspectors will identify themselves as they enter any establishment.
• Inspectors have official identification badges when they enter any establishment.
• Inspectors will never request payment or money during an inspection.

How to Download Your Inspection Report

1. Log in to your NM-PLUS account
2. Navigate to the “Inspection” tab on top of page
3. Click the “View” tab to access your most recent inspection report
4. Download, print, and post the inspection where is is visible to the public

How to Request or Reschedule an Inspection

1. Log Into your NM-PLUS account
2. Navigate to the “Inspection” tab on top of page
3. Locate the orange box labeled “New Inspection Request”
4. Enter available inspection dates and any other relevant details
5. Click “Submit”

Note: We will make every effort to inspect your establishment within 30 days.

Click here to access NM-PLUS.

How to Access and Pay Fees

1. Log into your NM-PLUS account
2. Navigate to the “Regulatory Fees” tab
3. Click the “Pay” under the Action column to
   processes the payment

Click here to access NM-PLUS.

Failed Your Last Inspection?

All violations noted during an inspection must be corrected immediately. If your last inspection was not passed, you may receive the following:

• Settlement Agreement Offer – An opportunity to resolve violations without a formal Notice of Contemplated Action (NCA).

Your Options:

1. Accept the Settlement Agreement

• You must respond within 10 days of receipt.
  • Sign the agreement and return it to the board office by mail or email.
• Once you comply with all the terms, the case will be closed.

2. Decline the Settlement Agreement

• Notify the board office via email you choose to decline the Settlement Agreement.
• The matter will be referred to the New Mexico Department of Justice (NMDOJ)
• An NCA will be issued, and upon your request, a disciplinary hearing will be scheduled.
• The board will make a final decision at their next scheduled meeting, which may include higher fines or penalties up to suspension or revocation of a license.
• The board will render a final decision. This may result in higher fines being issued than those listed in the settlement agreement offer.

3. No Response

• If you do not respond within the deadline, the offer is considered declined and referred to NMDOJ for formal action.

Note: A Notice of Contemplated Action allows you to request a hearing before the board to contest violations.