New Mexico Register / Volume
XXXIII, Issue 13 / July 12, 2022
This is an amendment to 16.36.10 NMAC, Sections 8, 9, 10, 11, 12, 13, 16 and 17, effective 7/12/2022.
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] must be 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)] (k) proof of any
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)] (d) proof of any
disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.10.8 NMAC –
N, 2/3/2022; A, 7/12/2022]
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 must be submitted on the form provided by the board. An approved basic fundamental curriculum
shall include the following requirements as required in [16.36.10.14]
16.36.10.13 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; and
(6) proof
of any 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 any disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.10.9 NMAC –
N, 2/3/2022; A, 7/12/2022]
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)] (i) proof of any disqualifying criminal convictions as defined
in 16.36.4.9 NMAC;
[(k)] (j) proof of
completion of body piercing-scarification training program and examination as
defined in 16.36.10.14 NMAC.
[(l)] (k) a recent passport
size, color photograph; and
[(m)] (l) 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] B. 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] C. 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)] (d) proof of any
disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.10.10 NMAC –
N, 2/3/2022; A, 7/12/2022]
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 license 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.] RESERVED
[16.36.9.11 NMAC –
N, 1/11/2022; Repealed, 7/12/2022]
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; A, 7/12/2022]
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] of having completed
an apprenticeship program. The 100 hours of theory can be taught in a group training but the 1100 hours of practical training shall be
done under the direct supervision of a board approved sponsor. [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] be submitted 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.]
(1) Business
requirements – 10 hours:
(a) state
laws and regulations;
(b) OSHA
regulations and requirements;
(i) bloodborne pathogens standards;
(ii) universal
precautions;
(iii) exposure
control plans;
(iv) hazard
communication and SDS sheets;
(v) waste
disposal;
(vi) recordkeeping;
(c) HIPPA
(Health Insurance Portability and Accountability Act of 1996 privacy rule);
(d) environment;
(i) reception and display;
(ii) procedure
room furniture, fixtures, and lighting;
(iii) sterilization/instrument
processing room(s);
(iv) restrooms;
(e) professional
ethics and legalities;
(i) personal boundaries;
(ii) bedside
manners;
(iii) medical
conditions/risk assessment;
(iv) business
documentation and recordkeeping;
(v) insurance/liability;
(vi) waivers;
(vii) minors;
(viii) drugs
and alcohol;
(ix) dealing
with emergencies.
(2) Scientific
Concepts – 20 hours:
(a) Anatomy
and Physiology;
(i) parts and functions of skin and
underlying anatomy;
(ii) knowledge
and ability to avoid damage to underlying blood vessels and nerves;
(iii) knowledge
and recognition of disorders, anomalies, and diseases of the skin;
(iv) surgically
modified skin and scar tissue;
(v) skin
that is compromised due to medical procidures such as
radiation and chemotherapy;
(vi) wound
healing and wound care;
(b) Safety,
Sanitation, and Infection Control:
(i) microbiology and pathology;
(ii) microorganisms
of the skin;
(iii) factors
that influence the survival and growth of microorganisms;
(iv) disease
transmission;
(v) hand
hygiene;
(vi) use
and limitation of gloves and other personal protective equipment;
(vii) how
to recognize, prevent and remedy cross-contamination;
(viii) infections
control;
(ix) sanitation
and cleaning;
(x) disinfection;
(xi) sterilization;
(xii) personal
immunizations;
(xiii) aseptic
technique;
(xiv) skin
prep and proper use of antiseptics;
(xv) proper
use of disinfectants;
(xvi) use
and maintenance of ultrasonic cleaners and instrument washers;
(xvii) use
and maintenance of different types of autoclaves.
(3) Body
piercing theory – 70 hours:
(a) Client
consultation;
(i) determining the appropriateness of
the piercing;
(ii) communicating
risks;
(iii) medical
history as it pertains to piercing;
(iv) allergies.
(b) Tools,
supplies and equipment used for body piercing;
(i) disposable supplies: including
handling, storage, and disposal;
(ii) reusable
tools and equipment: including handling and storage;
(iii) types
of tools used for piercing procedures and jewelry manipulation;
(iv) piercing
guns (theory only).
(c) Needles;
(i) needle handling, storage, and disposal;
(ii) bevel
theory;
(iii) needle
modification.
(d) Jewelry;
(i) standards and certifications;
(ii) certified
materials for new piercings as outlined in 16.36.5 NMAC;
(iii) other
appropriate materials for new piercings;
(iv) jewelry
materials for healed piercings;
(v) jewelry
styles;
(vi) characteristics
of jewelry that is safe for initial piercings;
(vii) characteristics
of potentially problematic jewelry;
(viii) cleaning,
sterilization and storage of jewelry.
(e) Body
piercing theory should include the following for each procedure outlined in
16.36.10.13.3 (f) NMAC;
(i) related anatomy;
(ii) appropriate
placement;
(iii) jewelry
size and style;
(iv) tray
setup and break down;
(v) marking
implements and techniques;
(vi) piercing
and jewelry insertion techniques;
(vii) healing
and aftercare;
(viii) preventing
and troubleshooting problems;
(4) Body
piercing theory should cover the following procedures:
(a) Ear
piercings;
(i) earlobe;
(ii) ear
cartilage – helix;
(iii) ear
cartilage – flat/scapha;
(iv) ear
cartilage – conch;
(v) ear
cartilage – diath;
(vi) ear
cartilage – rook;
(vii) ear
cartilage – tragus;
(vii) ear
cartilage – forward helix;
(ix) ear
cartilage – orbital an industrial.
(b) Facial
piercings:
(i) nostril;
(ii) high
nostril;
(iii) septum;
(iv) eyebrow;
(v) nose
bridge.
(c) Oral
piercings:
(i) tongue;
(ii) lip
(including labret, philtrum, etc.);
(iii) oral
frenulum piercing;
(iv) vertical
lip;
(v) cheek.
(d) Torso
piercings:
(i) nipple;
(ii) navel;
(e) Genital
piercing:
(i) vulva piercings;
(ii) penis
piercings;
(f) surface
piercings;
(g) single
point piercings;
(h) the
process of stretching piercings.
(5) Body
piercing observation/practical – 1100 hours:
(a) demonstrate
proper use of safety procedures outlined in theory training;
(b) aseptic
technique;
(c) room
set-up and break-down;
(d) skin
preparation;
(e) bedside
manner;
(f) piercing
techniques;
(g) dealing
with mistakes;
(h) body
piercing practitioner training shall include, at a minimum, 100 hours of
procedure observation. This should include no less than 100 piercing
procedures. Those 100 procedures should feature a variety of piercing locations
and techniques.
(i) body piercing practitioner
training shall include, at a minimum, 50 completed body piercing procedures
performed by the apprentice under sponsor supervision. The 50 completed
procedures shall consist of at least five completed procedures in each of the
following areas:
(i) earlobes;
(ii) ear
cartilage – helix, scalpha. or conch;
(iii) inner
ear cartilage – tragus, rook, or daith;
(iv) nostril;
(v) septum;
(vi) nipple;
(vii) navel;
(viii) tongue;
and
(ix) lip/labret.
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; A, 7/12/2022]
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 16.36.2.17 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 16.36.2.17 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 disqualifying 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.]
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. The
applicants training and experience meets 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.
B. An
applicant licensed in another state or jurisdiction shall submit the follow
requirements:
(1) completed
and signed application;
(2) non-refundable application
fee;
(3) copy of current CPR, first aid and blood
borne pathogen training certificates, as defined within 16.36.10.12 NMAC;
(4) verifications of licensure
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;
(5) proof
of any disqualifying criminal conviction as defined in 16.36.4.9 NMAC; and
(6) jurisprudence
exam with a passing score of seventy-five percent or higher.
C. An
applicant seeking credit for training and experience obtained as a 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
following requirements;
(1) completed and signed application;
(2) non-refundable application
fee;
(3) copy of current CPR, first aid and blood borne pathogen training
certificates, as defined within 16.36.10.12 NMAC;
(4) proof
of practice equivalent to the hours of training defined in 16.36.10.13 NMAC
(a) W-2
or 1099 forms; or
(b) federal
or state tax returns verifying occupational status.
(5) jurisprudence exam with a passing score of
seventy-five percent or higher.
(6) proof
of any disqualifying criminal conviction as defined in 16.36.4.9 NMAC.
D. If the applicant training and experience does not meet 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 board may request additional requirements outlined in 16.36.10.17 NMAC.
[16.36.10.16 NMAC - N, 2/3/2022; A, 7/12/2022]
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:
(1) the applicant to complete additional
[course work] training before proceeding with the application
process; and
(2) [the applicant to meet any other requirements
as may be prescribed by the board, including a practical exam or an
apprenticeship program.] an examination approved by the board outlined
in 16.36.10.13 NMAC.
[16.36.10.17 NMAC - N, 2/3/2022; A, 7/12/2022]
HISTORY OF 16.36.10 NMAC: