New Mexico Register / Volume
XXXIII, Issue 13 / July 12, 2022
This is an amendment to 16.36.1 NMAC, Sections 7 effective 7/12/2022.
16.36.1.7 DEFINITIONS: As used in these regulations, the following words
and phrases have the following meanings, unless the context or intent clearly
indicates a different meaning.
A. “Aftercare” means written instructions
given to the client, specific to the body piercing or tattooing procedure(s)
rendered, on caring for the body piercing or tattoo and surrounding area.
B. “Antiseptic” means an agent that
destroys disease-causing microorganisms on human skin or mucosa.
C. “Apprentice” means a person who works
under the direct supervision of a licensed
apprentice sponsor to learn a trade from someone who is already skilled at
a job.
D. “Apprentice Sponsor” means a person who
is an actively licensed, skilled professional in a profession, art, craft or
trade for a minimum of five years and is someone who accepts responsibility to
teach an apprentice one on one.
E. “Aseptic” means the state of being free
from the living disease, fermentation, or putrefaction.
F. “Autoclave” means a piece of medical
equipment that employs the steam under pressure method of sterilization.
G. “Board” means the board of body art
practitioners.
H. “Body art” means tattooing, body
piercing, scarification, or permanent cosmetics
but does not include
practices that are considered medical procedures by the New Mexico medical
board.
I. “Body art establishment” means a fixed
or mobile place where body art is administered on the premises.
J. “Body artist” means a person who
administers body piercing, tattooing, scarification, or permanent cosmetics.
K. “Body piercing” means to cut, stab or penetrate the skin to create a permanent hole or
opening.
L. “Client” means an individual receiving
any body art procedure(s).
M. “Completed procedure” means, for
the purposes of determining qualification for licensure, a tattoo, body
piercing, scarification or permanent cosmetics that has been finished, including any touchups or additional work
following initial healing, with the client released from service.
N. “Direct Supervision” means the process
under which an act is performed by another person with a licensed body artist
or permanent makeup cosmetics professional practitioner licensed pursuant to
the Body Art Safe Practices Act:
(1) Is
physically present in the establishment throughout the performance of the act;
(2) orders,
controls and accepts full professional responsibility for the act performed;
(3) evaluates
and approves the procedure performed before the client departs the
care setting; and
(4) Is
capable of responding immediately if any emergency should arise.
O. “Disqualifying
Criminal Conviction” has the same meaning as defined in Subsection E of
Section 61-1-36 NMSA 1978.
P. “Equipment” means machinery used in connection
with the operation of a body art establishment, including fixtures, containers,
vessels, tools, devices, implements, furniture, display and storage areas,
sinks and other apparatuses and appurtenances.
Q. “Guest License” means a person temporary
authorized to administer tattooing, body piercing-scarification, or permanent
cosmetics for a period of 30 days from date license issued.
R. “Instruments used for body art” means
hand pieces, needles, needle bars and other items that may come into contact
with a person's body during the administration of body art.
S. “Jurisprudence Examination” means the
examination given regarding the laws, rules and regulations, which relate to
the practice of body art in the state of New Mexico.
T. “License” has the same meaning as
defined in Paragraph (1) of Subsection F of Section 61-1-34 NMSA 1978.
U. "Licensing
fee" has the same meaning as defined in Paragraph (2) of Subsection F
of Section 61-1-34 NMSA 1978.
V. “Military service member” has the same meaning as defined in Paragraph (3) of Subsection F of Section 61-1-34 NMSA 1978.
W. “Operator” means the owner of a body
art establishment.
X. “Permanent
Cosmetics Practitioner” means a person [who tattoos eyeliner, eyebrows,
lip liner, full lip color, and repigmentation or
camouflage on the face, using tattooing techniques of placing pigments under
the skin.] who uses tattoo techniques of placing pigment under the skin
for cosmetic purposes to restore or enhance a person’s appearance, with any
manual device or machine used for tattooing.
Y. “SDS” means safety data sheet(s) used
to communicate the hazards of hazardous chemical products which may be found in
a body art establishment.
Z. “Sharps” means any sterilized object
that is used for the purpose of penetrating the skin or mucosa, including
needles, scalpel blades and razor blades.
AA. “Single use” means products or items
that are intended for one-time, one-person use and are disposed of after use on
each client, including cotton swabs or balls, tissues or paper products, paper
or plastic cups, gauze and sanitary coverings, razors, piercing needles,
scalpel blades, stencils, ink cups and protective gloves.
BB. “Special Event” means an event where
procedures will be performed and will not be conducted at a licensed
establishment.
CC. “Sterilization” means destruction of
all forms of macrobiotic life, including spores.
DD. “Substantially Equivalent” means the determination by the board that the education, examination, and experience requirements contained in the statutes and rules of another jurisdiction are comparable to, or exceed the education, examination, and experience requirements of the Body Art Safe Practice Act.
EE. “Supervising Licensee” means licensed
practitioner who manages the licensed body art establishment. This may or may not be the operator.
FF. “Veteran” has the same meaning
as defined in Paragraph (4) of Subsection F of Section 61-1-34 NMSA 1978.
[16.36.1.7 NMAC -
Rp, 16.36.1.7 NMAC, 2/4/2016; A, 6/21/2018; A, 2/3/2022, A, 7/12/2022]