New Mexico Register / Volume
XXXIII, Issue 1 / January 11, 2022
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 36 BODY ARTISTS AND OPERATORS
PART 10 LICENSURE REQUIREMENTS FOR BODY PIERCING-SCARIFICATION
PRACTITIONER
16.36.10.1 ISSUING AGENCY: Board of
Body Art Practitioners.
[16.36.10.1 NMAC – N,
2/3/2022]
16.36.10.2 SCOPE: Any person licensed
to practice body piercing-scarification under the Body Art Safe Practices Act.
[16.36.10.2 NMAC – N,
2/3/2022]
16.36.10.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Body Art Safe Practices Act, Section
61-17B-5 NMSA 1978.
[16.36.10.3 NMAC – N,
2/3/2022]
16.36.10.4 DURATION: Permanent
[16.36.10.4 NMAC – N,
2/3/2022]
16.36.10.5 EFFECTIVE DATE: February 3,
2022, unless a later date is cited at the end of a section.
[16.36.10.5 NMAC – N,
2/3/2022]
16.36.10.6 OBJECTIVE: To outline the
application process, training and examination requirements and the renewal
procedures.
[16.36.10.6 NMAC – N,
2/3/2022]
16.36.10.7 DEFINITIONS: [RESERVED]
[16.36.10.7 NMAC – N,
2/3/2022]
16.36.10.8 APPRENTICE LICENSE APPLICATION
FOR BODY PIERCING-SCARIFICATION:
A. Application
forms:
(1) Application
for any license to be issued or renewed by the board shall be made on the
official form provided by the board for that purpose. Incomplete applications will be returned. Designated deadlines will apply to
resubmitted applications. All applications
are valid for one year from date received.
(2) Applications
for apprentice licensure must include:
(a) non-refundable
application fee;
(b) a
completed and signed application;
(c) applicant
name;
(d) proof
of age indicating applicant is at least 18 years of age (government-issued
identification with a photo);
(e) current
electronic mail address
(g) current
phone number;
(h) name,
address and phone number of licensed establishment where apprenticeship will be
conducted. Establishment license must be
current upon receipt of application.
(i) an
apprentice sponsorship application which must be completed and signed by a body
art practitioner who meets the
requirements within 16.36.10.9 NMAC and is licensed in the kind of body art the
applicant is seeking an apprenticeship license;
(j) copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.10.13 NMAC; and
(k) proof
of current immunizations as defined in 16.36.10.11 NMAC; and
(l) proof
of disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
B. Photographs: Applicants for original licensure shall attach
a recent passport size, color photograph, front-view of face.
C. Prior to
licensure the applicant shall take and pass a board approved jurisprudence
examination. The applicant must pass the
jurisprudence exam with a minimum score of seventy-five percent or higher.
D. An apprentice
must remain under the direct supervision of his or her sponsor until all
requirements have been met or the apprentice license has been terminated by the
board.
E. Renewal of a
body art apprentice license:
(1) License
will expire one year after date of issue;
(2) Timely
renewal of license(s) is the full and complete responsibility of the Licensee. Failure to renew the license by the
expiration date will result in a late fee.
(3) Licensees
shall renew a body piercing-scarification license on or before the expiration
date if needed to complete their current apprenticeship.
(4) Renewal
of apprentice license shall include the following information:
(a) name
of apprentice sponsor;
(b) name
of establishment and address where apprenticeship will be conducted,
establishment license must be current upon receipt of application.
(c) copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.10.13 NMAC; and
(d) proof
of current immunizations as defined in 16.36.10.11 NMAC; and
(e) proof
of disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.10.8 NMAC – N,
2/3/2022]
16.36.10.9 SPONSOR LICENSE APPLICATION FOR BODY PIERCING-SCARIFICATION:
A. A licensee may be
approved to sponsor only one body piercing-scarification apprentice at a time. Incomplete applications will be returned. All applications are valid for one year from
date received. A complete application
includes:
(1) non-refundable
application fee;
(2) a
current New Mexico body piercing-scarification license;
(3) documentation
of legally practicing body piercing-scarification in New Mexico for at least
five years without any disciplinary action;
(4) a
curriculum as required in 16.36.10.14 NMAC to the board staff for approval;
curriculum shall include references and resources to be used and methods of evaluation
for each area covered; and
(5) name,
address and phone number of licensed establishment where apprenticeship will be
conducted. Establishment license must be
active upon receipt of application.
(6) proof
of disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
B. Photographs: Applicants for sponsor licensure shall attach
a recent passport size, color photograph, front-view of face.
C. Upon approval of
application, a board approved log will be available to record progress during the
apprenticeship. This log will serve as
proof of completion of training program.
The sponsor shall submit a completed log to the board administrator on
the first day of each month showing the previous month progress report.
D. Upon completion
of the apprenticeship program, the sponsor and apprentice shall submit the
apprentice log to the board administrator.
The log shall be sent to the board administrator within 15 days and
shall include a sworn statement made under penalty of perjury, from the sponsor
and the apprentice stating the apprenticeship has been completed. The sponsor will give a copy of the log and
statement to the apprentice.
E. The apprentice
will then receive notification from the board stating the apprentice is
eligible to take the national theory exam.
F. Renewal of body piercing
and scarification sponsor license:
(1) License
will expire one year after date of issue;
(2) Timely
renewal of license(s) is the full and complete responsibility of the licensee. Failure to renew the license by the expiration
date will result in a late fee.
(3) Licensees
shall renew a body piercing and scarification apprentice sponsor license on or
before the expiration date if needed to complete their current apprenticeship.
(4) Renewal
of apprentice license shall include the following information:
(a) name
of apprentice; and
(b) name
of establishment and address where apprenticeship will be conducted,
establishment license must be active upon receipt of application.
(c) proof
of disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.10.9 NMAC – N,
2/3/2022]
16.36.10.10 APPLICATION FOR BODY PIERCING-SCARIFICATION PRACTITIONER LICENSE:
A. Application forms:
(1) Applications
shall be made on the official form provided by the board. Incomplete applications will be
returned. All applications are valid for
one year from date received. All fees
are non-refundable.
(2) Applications
for licensure must include:
(a) a
completed and signed application;
(b) applicant
name;
(c) date
of birth;
(d) proof
of age indicating applicant is at least 18 years of age (government-issued
identification with a photo);
(e) establishment
mailing address;
(f) current
phone number;
(g) name,
address and phone number of licensed establishment where services will be
performed. Establishment license must be
current upon receipt of application;
(h) copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.10.13 NMAC;
(i) proof of
current immunizations as defined in 16.36.10.11 NMAC;
(j) proof
of disqualifying criminal convictions as defined in 16.36.4.9 NMAC;
(k) proof
of completion of body piercing-scarification training program and examination
as defined in 16.36.10.14 NMAC.
(l) a
recent passport size, color photograph; and
(m) non-refundable
application fee as required by the board.
B. Photographs: applicant for body piercing-scarification must
include a minimum of 10 photographs of healed piercing the applicant has
personally performed.
C. The applicant
shall take and pass a written examination approved by the board and the board
approved jurisprudence examination. The
applicant must pass the exams with a minimum score of seventy-five percent or
higher.
D. Renewal of a
practitioner license:
(1) License
will expire one year after date of issue;
(2) Timely
renewal of license(s) is the full and complete responsibility of the licensee. Failure to renew the license by the expiration
date will result in a late fee;
(3) Licensees
shall renew their license on or before the expiration date;
(4) Renewal
of license shall include the following information:
(a) name
and address of establishment.
Establishment license must be current upon receipt of application;
(b) name
of establishment operator or supervisor;
(c) copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.10.13 NMAC; and
(d) proof
of current immunizations as defined in 16.36.10.11 NMAC; and
(e) proof
of disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.10.10 NMAC – N,
2/3/2022]
16.36.10.11 PROOF OF CURRENT IMMUNIZATIONS:
Proof shall be provided upon request of the board or board
representative that apprentice, practitioner, and permanent cosmetic
practitioner licensee has either completed or declined, on a form provided by
the board, the hepatitis B vaccination series.
For those who decline the hepatitis B vaccination series, an information
brochure developed by the New Mexico department of health will be provided
which explains the risks of hepatitis B and C.
[16.36.10.11 NMAC – N,
2/3/2022]
16.36.10.12 PROOF OF COMPLETION OF TRAINING PROGRAM: Proof shall be provided with the original
application that the applicant has, at a minimum, completed the following
training prior to making application for a license as a body piercing
scarification practitioner, or body art operator. Such training must include:
A. a board approved blood borne
pathogens training course that meets OSHA (occupational safety and health
administration) standards and CDC (center for disease control)
recommendations. The training course
shall include an examination as a condition of the training completion. The training must be completed within 12
months prior to application and annually thereafter. The training may be obtained through any of
the following:
(1) nationally accredited organization;
(2) local government sponsored;
(3) hospital sponsored;
(4) college sponsored;
(5) OSHA sponsored;
(6) red cross; or
(7) board approved.
B. Current
certification in first aid and cardiopulmonary resuscitation (CPR). The training shall be obtained through any of
the following:
(1) nationally
accredited organization;
(2) local
government sponsored;
(3) hospital
sponsored;
(4) college
sponsored;
(5) OSHA
(occupational safety and health administration) sponsored;
(6) red
cross; or
(7) board
approved;
C. An applicant for
a body piercing-scarification apprenticeship shall file an apprentice agreement
signed under penalty of perjury, by all parties that applicant shall complete
the board required training requirements.
[16.36.10.12 NMAC – N,
2/3/2022]
16.36.10.13 BODY PIERCING - SCARIFICATION APPRENTICESHIP TRAINING AND EXAMINATION
REQUIREMENTS
A. Upon successful
completion of apprenticeship program, an applicant for original
piercing-scarification practitioner license shall provide proof, acceptable to
the board or its designee, that applicant has completed an apprenticeship
program under the direct supervision of a licensed practitioner with
instruction and experience in the kind of body art for which the applicant
seeks a body art practitioner license.
B. Proof of
completing an apprentice program shall include:
(1) verification
of completion of apprenticeship program on a log provided by the board;
(2) a
minimum of 10 original photographs of healed piercings-scarifications which the
artisan has personally performed and a minimum of three signed testaments from
previous clients.
C. Body piercing
apprenticeship curriculum: 1200 hours:
(1) Orientation
- 100 hours:
(a) state
laws and regulations;
(b) tax
and business license requirements;
(c) OSHA
blood borne pathogens standard;
(d) the
establishment’s exposure control plan;
(e) SDS
sheets;
(f) paperwork
and business documentation;
(g) HIPAA
(Health Insurance Portability and Accountability Act of 1996 privacy rule);
(h) environment/appropriate
studio set-up;
(i) professional
image;
(j) appropriate
communication with clients;
(k) ethics
and legalities:
(i) minors;
(ii) drugs
and alcohol;
(iii) medical
conditions/risk assessment;
(iv) personal
boundaries;
(l) dealing
with emergencies:
(i) blood
spills;
(ii) fainting;
(iii) bleeding;
(iv) needlesticks;
and
(v) other
exposures.
(2) Sterilization,
disinfection theory and practical - 100 hours:
(a) microbiology;
(b) definitions;
(c) microorganisms
of the skin;
(d) factors
that influence the survival and growth of microorganisms;
(e) breaking
the chain of infection;
(f) infection
control;
(g) handwashing;
(h) types
of soaps and hand sanitizers;
(i) use
of gloves and other personal protective equipment;
(j) how
to recognize, prevent and remedy cross-contamination;
(k) immunizations;
(l) cleaning,
disinfection and sterilization;
(m) sterile
chart;
(n) cleaning/appropriate
procedures;
(o) implement
pre-cleaning before sterilization/appropriate use of cleaning solutions and
ultrasonic cleaners;
(p) disinfection/appropriate
use and disposal of disinfecting solutions; and
(q) sterilization/appropriate
use and maintenance of autoclave sterilizers.
(3) Body
piercing theory - 200 hours:
(a) jewelry;
(b) standards
and certifications;
(c) certified
materials for new piercings;
(d) other
appropriate materials for new piercings;
(e) jewelry
materials for healed piercings;
(f) jewelry
to avoid;
(g) quality
jewelry (things to look for);
(h) jewelry
styles;
(i) cleaning,
sterilization and storage of jewelry;
(j) anatomy;
(k) understanding
of skin;
(l) parts
and functions of skin;
(m) oral/facial
anatomy as it pertains to piercing;
(n) knowledge
and ability to avoid damage to underlying blood vessels and nerves;
(o) knowledge
and recognition of disorders, anomalies and diseases of the skin;
(p) body
anatomy as it pertains to piercing;
(q) determining
the appropriateness of a piercing;
(r) equipment;
(s) disposable
supplies;
(t) needles;
(u) sharps
disposal;
(v) reusable
equipment;
(w) storage;
(x) aftercare;
and
(y) piercing
guns (theory only).
(4) Body
piercing observation/practical - 800 hours:
(a) proper
use of safety procedures outlined in theory training;
(b) aseptic
technique;
(c) room
set-up and break-down;
(d) skin
preparation;
(e) client
relations/relaxation techniques;
(f) pain
management;
(g) piercing
techniques;
(h) dealing
with mistakes;
(i) in
order to be approved, curriculum for body piercing practitioner training shall
include, at a minimum, 50 practical body piercing procedures performed by the
apprentice under sponsor supervision.
The 50 supervised completed procedures shall consist of at least five
completed procedures in each of the following areas:
(i) ears;
(ii) nose;
(iii) tongue;
(iv) nipple;
(v) navel;
(vi) eyebrow;
(vii) lip/labret;
and
(viii) septum.
(j) Curriculum
should include the following for each procedure:
(i) related
anatomy;
(ii) appropriate
placement;
(iii) skin
preparation;
(iv) implement
selection and use;
(v) techniques;
and
(vi) healing
and aftercare.
An applicant for a
body art piercing-scarification practitioner license shall take the body
piercing-scarification examination approved by the board with a minimum passing
score of seventy-five percent or higher.
A candidate who does not meet this score can retest up to two
times. A candidate who does not pass the
written examination must wait at least seven days before retesting. Any candidate who does not meet the minimum
passing score after three attempts shall be required to enroll or re-enroll in
an apprentice program.
[16.36.10.13 NMAC – N,
2/3/2022]
16.36.10.14 EXPIRED LICENSE:
A. An applicant
whose license has been expired for one year but less than two years shall submit
an application, payment of all renewal fees to bring the license current, proof
of completion of blood borne pathogens training within the prior 12 months,
current CPR and first aid certification, and take and pass a board approved
jurisprudence examination with a minimum score of seventy-five percent.
B. An applicant
whose license has expired for more than two years shall take the body
piercing-scarification written examination approved by the board with a passing
minimum score approved by the board.
Applicant must also take and pass a board approved jurisprudence
examination with a minimum passing score of seventy-five percent.
C. An operator
whose establishment license has expired shall submit a reinstatement
application, payment of reinstatement fee for each year the license has been
expired; and name of licensed operator.
D. A practitioner
whose license has been expired more than five years shall re-enter an approved
training program (apprenticeship), take the body piercing-scarification exam approved
by the board with a passing minimum score approved by the board and take and
pass a board approved jurisprudence examination with a minimum passing score of
seventy-five percent.
[16.36.10.14 NMAC – N,
2/3/2022]
16.36.10.15 CROSSOVER HOURS: Individuals
who are licensed in one discipline may transfer 100 hours of orientation toward
their apprenticeship in another discipline, if they have at least one year of
full time, verified work experience in a licensed establishment and complete
the remaining required hours for licensure.
[16.36.10.15 NMAC – N,
2/3/2022]
16.36.10.16 CREDIT GRANTED FOR SUBSTANTIALLY EQUIVELENT TRAINING AND EXPERIENCE:
A. An
applicant for licensure as a body artist may be granted credit for training and
experience obtained from any source, whether within or outside New Mexico, if
the applicant demonstrates to the satisfaction of the board that the
applicant’s training and experience is substantially
equivalent to the training and experience required under the applicable provisions
of the Body Art Safe Practices Act and the regulations promulgated by the
board pursuant to the Act. The applicant
shall apply for licensure as a body artist on an official form approved by the
board obtained from the department for that purpose, and shall meet the
following minimum requirements in addition to those set forth in Subsections A
through C of this Section 16.36.10.17 NMAC:
B. An applicant for licensure as a body artist may be granted credit for training and experience obtained from any source, whether within or outside New Mexico, if the applicant demonstrates to the satisfaction of the board that the applicant’s training and experience is substantially equivalent to the training and experience required under the applicable provisions of the Body Art Safe Practices Act and the regulations promulgated by the board pursuant to the Act. The applicant shall apply for licensure as a body artist on an official form approved by the board obtained from the department for that purpose, and shall meet the following minimum requirements in addition to those set forth in Subsections A through C of this Section 16.36.10.17 NMAC:
(1) a certified copy of a current tattoo or body artist license from the other state or jurisdiction or provided that the board shall grant credit for training and experience obtained from any source;
(2) a current copy of the rules and regulations pertaining to tattooing, body piercing, scarification, and permanent cosmetics from the other state or jurisdiction;
(3) a letter of licensure verification mailed by the licensing authority from the other state or jurisdiction to the board which shall include:
(a) verification that the applicant holds a valid and unexpired license;
(b) the license issuance date;
(c) the license expiration date;
(d) a statement as to whether the applicant has ever been subject to discipline or if there are any complaints or investigations pending against the licensee; and
(e) upon the request of the board, a written consent from the applicant allowing the board or its designee to examine disciplinary, complaint, or investigative records of the other licensing authority.
(f) proof of criminal convictions as defined in 16.36.4.9 NMAC.
C. An applicant seeking credit for training and experience obtained as a licensed tattoo or body artist in a state or jurisdiction outside New Mexico whose licensing requirements are less stringent than those in effect in New Mexico shall be required to meet the requirements of the Body Art Safe Practices Act and the regulations promulgated by the board pursuant to the Act.
(1) If the applicant’s training and experience is from a state or jurisdiction outside New Mexico, the applicant shall demonstrate to the satisfaction of the board that all of the following requirements are met:
(2) the applicant was authorized by law to perform tattooing, body piercing, scarification, or permanent cosmetics without limitation in the state or jurisdiction during the time period the applicant obtained the training and experience;
(3) the applicant has been a tattoo or body artist who has performed tattooing, body piercing, scarification, and permanent cosmetics in that state or jurisdiction immediately prior to applying for licensure as a body artist in New Mexico; and
(4) the applicant shall submit to the board:
(a) three letters of recommendation from a licensed tattoo or body artist in good standing in New Mexico or another state or jurisdiction;
(b) twenty color photographs of completed procedures by the applicant, demonstrating the applicant’s ability, knowledge, and fitness to tattooing, body piercing, scarification, and permanent cosmetics procedures effectively and in a safe and healthy environment;
(c) CPR, First Aid and blood borne pathogen certificates issued to the applicant within six months immediately preceding the application for licensure;
(d) affidavits from prior employers or supervisors;
(e) W-2 or 1099 forms; and
(f) federal or state tax returns verifying occupational status.
D. If the applicant’s training and experience was not obtained as a licensed tattoo or body artist in a state or jurisdiction outside New Mexico, or through an apprenticeship or training program from a state or jurisdiction outside New Mexico, the applicant shall demonstrate to the satisfaction of the board that all of the following minimum requirements are met. For the board to approve an apprenticeship or training program from a state or jurisdiction outside New Mexico, the applicant must submit satisfactory evidence to the board or its designee of the following:
(1) the apprenticeship or training program was licensed or accredited for that purpose by a state agency;
(2) the applicant successfully completed the apprenticeship or training program, as shown by an official transcript or certificate of completion;
(3) during the applicant’s participation in the apprenticeship or training program, the applicant’s sponsor or trainer was licensed and in good standing as a tattoo or body artist in the state or jurisdiction where the apprenticeship or training was completed;
(4) the applicant completed the apprenticeship or training program under the direct supervision of the sponsor or trainer in a state-approved program for tattoo or body artists;
(5) the apprenticeship or training program covered the areas of theory and practical experience required under the applicable provisions of the Body Art Safe Practices Act and the regulations promulgated by the board pursuant to the Act;
(6) if the apprenticeship or training program completed in another state or jurisdiction included hours allotted to studying the laws and regulations of that state or jurisdiction, the board in its sole discretion may count those hours toward the required number of hours allotted to studying New Mexico laws and regulations; and
(7) the apprenticeship or training program included the total number of hours of theory and practical experience and the number of completed procedures required under the applicable provisions of the Body Art Safe Practices Act and the regulations promulgated by the board pursuant to the Act.
[16.36.10.16 NMAC - N, 2/3/2022]
16.36.10.17 ADDITIONAL TRAINING REQUIREMENTS: If the board determines that an applicant’s training and experience is not substantially equivalent to the training and experience required under the applicable provisions of the Body Art Safe Practices Act and the regulations promulgated by the board pursuant to the Act, it may require:
A. the applicant to complete additional course work before proceeding with the application process; and
B. the applicant to meet any other requirements as may be prescribed by the board, including a practical exam or an apprenticeship program.
[16.36.10.17 NMAC - N, 2/3/2022]
HISTORY OF 16.36.10 NMAC: