1.3 NM Establishment Infection-Control Standards & Inspections

1.3 NM Establishment Infection-Control Standards & Inspections

Rule 16.34.7.9 NMAC is the most detailed rule you will be tested on. It applies to every licensee who works in an establishment, enterprise, or mobile unit, not only to owners. It is also what Board inspectors check when they walk in. A failed item can lead to a warning letter, a settlement offer, or a scheduled fine. This section walks through the rule in the order an inspector would.

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Definitions That Drive Every Other Rule (16.34.7.7 NMAC)

The 2026 amendments added three definitions: hours of operation (posted and visible), inspections (all establishments are inspected regularly), and attempted inspection. An attempted inspection happens when an inspector finds the business closed during its posted hours. If the owner does not contact the Board office, the owner is subject to inspection fees.

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Cleaning and Disinfecting Implements and Equipment (16.34.7.9(B))

1. Discard all single-use items immediately after use.
2. Clean before you disinfect. Use soap and warm water or a chemical cleaner, and remove all visible debris and disposable parts. Debris inactivates disinfectants.
3. Immerse completely. Submerge each non-porous tool, including its handles, in a covered container for the full contact time on the label. The rule says items "MUST stay immersed or visibly moist" for that full time.
4. Use sprays or wipes only for items that cannot be immersed. Remove removable parts such as high-frequency electrode tips, then keep the surface visibly wet for the full contact time. Esthetic machines, steamers, and glass or metal electrodes are cleaned and disinfected after each use, including the body and handle.
5. Disinfect fixtures before each client. This covers headrests, hand rests, and any fixture that touches the client, plus cups, bowls, basins, and jars.
6. Replace items that cannot be reused. Towels, headbands, gowns, makeup brushes, and spatulas must be replaced with clean or new ones for each client, whether or not they are disposable.

Solution and Storage Rules (16.34.7.9(A))

• Keep enough disinfectant on hand for two business days of scheduled services.
• Mix disinfectant solutions daily. Dispose of them at the end of the day, or immediately if visible debris is present. If a concentrate must be diluted, a measuring device must be available and used.
• Any product not in its original container must be in a closed, legibly labeled container. The label shows the product name, a product description (for example, "disinfectant"), and the manufacturer's name.
• Store disinfected implements in a disinfected, dry, covered container that never touches used items. Keep dirty and disinfected implements in separate, covered, marked containers. The Board's inspection tips use the labels "Clean/Ready for Use" and "Dirty/Not Ready for Use."
• Keep Safety Data Sheets current. Hard copies must be available. Computer access is allowed only if every employee can reach it at all hours.

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Products, Wax, and Towels

• Keep fluids, creams, waxes, and powders in clean, covered containers, and dispense them so the unused supply is not contaminated. Remove product with a disposable or disinfected spatula, never fingers. Product removed from a container may not go back in.
• Wax pots must be covered, with the exterior cleaned daily. Debris in the pot, wax that touched skin, an unclean applicator, or double dipping all mean the pot must be emptied, the wax discarded, and the pot disinfected. A disposable spatula or wood stick may be dipped only once, and then discarded without using the other end. Any surface touched by a used wax stick is disinfected immediately.
• Roll-on wax is prohibited in New Mexico, even with disposable heads.
• Towel warmers are disinfected daily. Steamed towels are prepared fresh each day, and unused ones are removed and laundered at day's end. Wash your hands or wear gloves when loading the warmer. Launder every towel and linen after one use.
• Place a new neck strip or a freshly laundered towel between the client's skin and any cape, so the cape never touches the skin.

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Waste, Sharps, and Autoclaves (16.34.7.9(A)(22)–(24))

• Sharps go into approved sharps containers.
• Contaminated waste that does not release liquid blood or body fluids when compressed, or dried blood when handled, may go into a covered receptacle and out with normal approved disposal. Filled contaminated-waste containers may be stored on site for no more than 90 days, as far as possible from clean instruments. Keep records of waste removal.
• An autoclave may be used only with monthly spore tests by a contracted laboratory, no more than 30 days apart. After a positive result, the autoclave may not be used until a negative result comes back. Keep usage, test, and maintenance logs for the most recent 12 months.

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The New Mexico Blood Exposure Procedure (16.34.7.9(C))

If a client is injured, the rule lists these steps in order:

1. Stop service.
2. Protect yourself by putting on gloves.
3. Clean the injured area.
4. Apply antiseptic.
5. Cover the injury with an appropriate dressing to prevent further blood exposure.
6. Bag and dispose of all contaminated single-use items.
7. Clean and disinfect every contaminated implement and surface.
8. Clean your hands.
9. Return to service.

For any blood exposure, the injured person should, when possible, rinse the injury under running water and milk the wound. Supply antiseptic, or a single-use packet of antibacterial ointment, and a dressing. Bag blood-soiled porous articles and dispose of them in the trash. Do not continue the service with contaminated non-porous items until they have been washed and disinfected.

Do not let containers, brushes, nozzles, or a liquid styptic container touch the skin or the wound. Use a disposable applicator, and never use a styptic pencil unless it is specified for single use.

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Prohibited Practices (16.34.7.9(D))

New Mexico prohibits:

• products the FDA or another agency has banned or deemed unsafe. Simply having such a product on the premises counts as evidence of its use.
• liquid methyl methacrylate (MMA) monomer
• fumigants, formalin tablets or liquids, and UV light boxes
• roll-on wax
• autoclaves without monthly spore testing
• tools brought by customers, unless you first clean and disinfect them. Prohibited tools may not be used even if the customer supplies them, and salons may not store tools in boxes for customers.
• performing services while under the influence of alcohol or drugs. Since 2026, alcohol also may not be consumed, distributed, or dispensed during business hours without appropriate licensing.
• any procedure or product that contacts or penetrates the dermis
• razor-edged devices, including credo blades, callus shavers, rasps, and graters, used to remove skin or calluses
• animals, other than qualified service animals
• live fish, leeches, snails, or other living creatures in any cosmetic service

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Required Postings, Records, and Inspections

Every establishment must:

• post signs stating that only disinfected tools or new disposable supplies may be used and that single-use items are discarded after each use;
• post its hours of operation and a sign at the main entrance stating the type of business;
• download, print, and post the most recent inspection report within 72 hours of the inspection, where the public can see it on entry; and
• keep on file the names and duties of all employees, the owner's name and address, a description of services, current SDS, access to the Board's statutes and rules, a site-specific OSHA exposure control plan, and autoclave logs where applicable.

After a failed inspection, you must correct every violation immediately. You may then receive a warning letter or a settlement agreement offer. You must respond to the offer within 10 days. If you decline the offer or do not respond, the matter goes to the New Mexico Department of Justice. The Board then issues a Notice of Contemplated Action, and you may request a hearing. The Board can impose higher fines after a hearing than the settlement offered. Each re-inspection after a failed inspection costs $200.