New Mexico tattoo waiver requirements
New Mexico tattoo studios must maintain client consent and procedure records that meet the state’s documentation and client-care requirements.
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Tattoo waiver requirements in New Mexico
According to the New Mexico Board of Body Art Practitioners under 16.36.5.11 NMAC, tattoo client records and consent documentation must include the following:
Client information
Record the client’s full name, date of birth, and address.
Procedure and practitioner details
Document the date of the tattoo, the type of procedure, its location on the client’s body, and the name of the licensed practitioner who performed it.
Health disclosure and consent
Before tattooing, inform the client verbally and in writing about health conditions that may increase risk, including diabetes, bleeding disorders, skin conditions, pigment or dye sensitivities, epilepsy or seizures, anticoagulant use, hepatitis, and HIV. The client must sign confirming the disclosure was provided, they have no condition preventing the procedure, they consent to the tattoo, and they received aftercare instructions.
Minor documentation
When the client is a minor, the record must include the legal guardian’s signature and the required legal documentation establishing the guardian relationship.
Ink records
Record each specific ink color used and, when available, the manufacturer, catalogue identification number, or supplier invoice for each color.
Aftercare instructions
Provide aftercare verbally and in writing. Written instructions must cover proper cleansing, warning signs that require medical attention, and the studio’s address and phone number.
Record retention
Keep client records for at least three years and provide them to the board upon request. If records are destroyed after that period, use shredding or another appropriate destruction method.
Source
Tattoo waiver and recordkeeping requirements in New Mexico are defined by the Board of Body Art Practitioners under 16.36.5.11 NMAC.
New Mexico tattoo waiver overview on Instagram
We have also summarized New Mexico’s tattoo waiver requirements in a quick Instagram overview. Check out the post for a visual reference you can save and revisit.
Video walkthrough: New Mexico tattoo waiver requirements
Frequently asked questions
Can a New Mexico tattoo artist work on a client who appears to be under the influence of alcohol or drugs?
No. A practitioner must refuse service when a reasonable, objective observer would conclude that the client may be under the influence of alcohol or drugs.
Can reusable tattoo instruments be sterilized off-site in New Mexico?
No. Reusable instruments must be sterilized in an autoclave at the tattoo establishment. The rules specifically prohibit off-site sterilization.
How long can sterilized instrument packs be stored before they need to be reprocessed?
Properly packaged and stored sterilized instruments may be kept for up to one year and should have an expiration date. Once that date is reached, they must be repackaged and re-sterilized before use. Pre-sterilized supplies may follow a manufacturer expiration date longer than one year.
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