New Mexico Register / Volume
XXXIII, Issue 1 / January 11, 2022
This is an amendment to 16.36.2 NMAC, Sections 1, 2, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22 and 23, effective 2/3/2022.
16.36.2.1 ISSUING AGENCY: [Regulation and Licensing Department,] Board
of Body Art Practitioners.
[16.36.2.1 NMAC -
Rp, 16.36.2.1 NMAC, 6/21/2018, A, 2/3/2022]
16.36.2.2 SCOPE: Any person licensed to practice body art
tattoo [, piercing, scarification] and all operators.
[16.36.2.2 NMAC - Rp,
16.36.2.2 NMAC, 6/21/2018, A, 2/3/2022]
16.36.2.8 APPRENTICE LICENSE APPLICATION
FOR BODY ART TATTOO [, PIERCING-SCARIFICATION, OR PERMANENT
COSMETICS]:
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) social security number;]
[(e)] (d) proof of age indicating applicant is at least
18 years of age (government-issued identification with a photo);
[(f)] (e) [email] current electronic mail address;
[(g)] (f) current phone number;
[(h)] (g) name, address and phone number of licensed
establishment where apprenticeship will be conducted. Establishment license must be current upon
receipt of application.
[(i)] (h) an apprentice sponsorship application which
must be completed and signed by a body art practitioner who meets the requirements within 16.36.2.9 NMAC and
is licensed in the kind of body art the applicant is seeking an apprenticeship
license;
[(j)] (i) copy of current CPR, first aid and blood
borne pathogen training certificates, as defined within 16.36.2.13 NMAC; and
[(k)] (j) proof of current immunizations as defined in
16.36.2.12 NMAC; and
(k) 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] their 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]
licensee. Failure to renew the
license by the expiration date will result in a late fee.
(3) Licensees
shall renew a body artist apprentice 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 16.36.2.13 NMAC; [and]
(d) proof
of current immunizations as defined in 16.36.2.12 NMAC; and
(e) proof
of disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[(5) Electronic signatures will be acceptable for renewals
submitted pursuant to 16.36.1 through 16.36.6 NMAC.]
[16.36.2.8 NMAC - Rp,
16.36.2.8 NMAC, 6/21/2018, A, 2/3/2022]
16.36.2.9 SPONSOR LICENSE APPLICATION FOR BODY ART
TATTOO [, PIERCING-SCARIFICATION, OR PERMANENT COSMETICS]:
A. A licensee may
be approved to sponsor only one body art tattoo, [body
piercing-scarification, or permanent cosmetic] 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 art tattoo, [body piercing-scarification, or
permanent cosmetic] license;
(3) documentation
of legally practicing body art tattooing, [body
piercing-scarification, or permanent cosmetics] in New Mexico for at least
five years without any disciplinary action;
(4) a
curriculum as required in [Sections 14, 15 and 16 of 16.36.2] 16.36.2.15
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 [sign
and notarize] the apprentice log to the board administrator. The [notarized] signed log
shall be sent to the board within [30] 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 [notarized]
signed 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
art apprentice 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 artist tattoo 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; and
(c) proof
of disqualifying criminal convictions as defined in 16.36.4.9 NMAC;
[G. Electronic
signatures will be acceptable for renewals submitted pursuant to 16.36.1
through 16.36.6 NMAC.]
[16.36.2.9 NMAC - Rp,
16.36.2.9 NMAC, 6/21/2018, A, 2/3/2022]
16.36.2.10 APPLICATION FOR BODY ART TATTOO [, PIERCING-SCARIFICATION, OR
PERMANENT COSMETICS] 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) social security number;]
[(d)] (c) date of birth;
[(e)] (d) proof of age indicating applicant is at least
18 years of age (government-issued identification with a photo);
[(f)] (e) establishment mailing address;
[(g)] (f) phone number;
[(h)] (g) name, address and phone number of licensed
establishment where services will be performed. Establishment license must be current upon
receipt of application;
[(i)] (h) copy of current CPR, first aid and blood
borne pathogen training certificates, as defined within 16.36.2.13 NMAC;
[(j)] (i) proof of current immunizations as defined in
16.36.2.12 NMAC;
(j) proof
of disqualifying criminal convictions as defined in 16. 16.36.4.9 NMAC;
(k) proof
of completion of tattoo, piercing-scarification, or permanent cosmetics
training program and examination as defined in 16.36.2.14 NMAC.
(l) a
recent passport size, color photograph; and
(m) non-refundable
application fee as required by the board.
B. Photographs:
[(1)] applicant for tattoo artist license must include a minimum of
10 original photographs of healed tattoos, which the applicant has personally
performed.
[(2) applicant for body piercing must include a minimum of ten
photographs of healed piercing the applicant has personally performed.
(3) applicant
for permanent cosmetic practitioner must submit a minimum of 10 photographs
with at least two from the following areas:
(a) eyebrow
simulation;
(b) lip
liner;
(c) lip
color;
(d) eyeliner/eyelash
enhancer of eyes; and]
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 16.36.2.13 NMAC; [and]
(d) proof
of current immunizations as defined in 16.36.2.12 NMAC; and
(e) proof
of disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[E. Electronic
signatures will be acceptable for renewals submitted pursuant to 16.36.1
through 16.36.6 NMAC.
F. A permanent
cosmetic professional applicant engaged in a state board approved
apprenticeship training program prior to the effective date of July 1, 2018 shall
have until August 31, 2018 to comply with apprenticeship requirements]
[16.36.2.10 NMAC -
Rp, 16.36.2.10 NMAC, 6/21/2018, A, 2/3/2022]
16.36.2.11 [APPLICATION FOR BODY ART OPERATOR ESTABLISHMENT LICENSE:
A. Any
establishment licensed by the board must be under the immediate supervision of
a board licensed practitioner while licensed activity is being practiced
therein. Incomplete applications will be
returned. All applications are valid for
one year from date received. All fees
are non-refundable.
B. The supervising
licensee(s) must be licensed by the board in tattoo, piercing scarification, or
permanent cosmetics.
C. 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.
(2) Applications
for licensure must include:
(a) a
completed and signed application;
(b) name
of the body art establishment;
(c) name
of the operator of the establishment;
(d) government-issued
identification with a photo showing proof of age indicating applicant is at
least 18 years old;
(e) operator’s
social security number;
(f) establishment
address;
(g) establishment
phone number;
(h) name(s)
of the body art supervising practitioner(s) working at the establishment, each
of whom must be currently licensed with the board at time of application;
(i) a
copy of current city or county business license;
(j) copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.2.13 NMAC;
(k) proof
of current immunizations as defined in 16.36.2.12 NMAC; and
(l) non-refundable
application fee as required by the board.
D. Renewal of a
body art operator establishment 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 a body art operator establishment license shall include the following
information:
(a) name(s)
of the body art supervising practitioner(s) working at the establishment, must
be currently licensed with the board at time of application;]
(b) copy
of current city or county business license;
(c) copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.2.13 NMAC; and
(d) proof
of current immunizations as defined in 16.36.2.12 NMAC.
E. Electronic
signatures will be acceptable for renewals submitted pursuant to 16.36.1
through 16.36.6 NMAC.] [RESERVED]
[16.36.2.11 NMAC -
Rp, 16.36.2.11 NMAC, 6/21/2018; Repealed, 2/3/2022]
16.36.2.12 PROOF OF CURRENT IMMUNIZATIONS:
Proof shall be provided upon request of the board or board
representative that [apprentice,] each 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.
[16.36.2.12 NMAC -
Rp, 16.36.2.12 NMAC, 6/21/2018, A, 2/3/2022]
16.36.2.13 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 artist apprentice,
body artist practitioner, [permanent cosmetic professional 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 tattoo or body piercing-scarification apprenticeship shall file an apprentice
agreement [notarized] signed under penalty of perjury, by all
parties that applicant shall complete the board required training requirements.
[16.36.2.13 NMAC -
Rp, 16.36.2.13 NMAC, 6/21/2018, A, 2/3/2022]
16.36.2.14 [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 tattoo or
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.] [RESERVED]
[16.36.2.14 NMAC -
Rp, 16.36.2.14 NMAC, 6/21/2018; Repealed, 2/3/2022]
16.36.2.16 [PERMANENT COSMETIC APPRENTICESHIP TRAINING AND EXAMINATION
REQUIREMENTS:
A. Upon successful
completion of an apprenticeship program,
an applicant for an original permanent cosmetic practitioner license shall
provide proof of having completed a 255 hour board approved curriculum, and
shall perform under the direct supervision of a board approved sponsor. An approved basic fundamental curriculum shall
include the following requirements:
B. A minimum of
five of each of the following procedures: 60 hours
(1) eye
brow simulation; microblading, hairstrokes, shading;
(2) lip
liner;
(3) lip
color; and
(4) eye
liner/eyelash enhancement.
C. Client records
shall be maintained by the practitioner applicant to verify that the minimum
requirements for the procedures were completed.
D. The practitioner
applicant shall submit 10 before and after photographs whereby the professional
has personally performed one complete procedure for each of the following
areas:
(1) eye
brow simulation;
(2) lip
liner;
(3) lip
color; and
(4) eye
liner/eyelash enhancement.
E. Introduction to permanent
cosmetics: 10 hours
(1) History
of tattooing as it applies to permanent makeup.
(2) Overview
of the different types of machines and devices.
F. Professional
standards and client care: 20 hours
(1) Client
expectations.
(2) Medical
history.
(3) Consent
and disclosure form.
(4) Record
keeping.
(5) HIPPA
standards.
(6) Photography.
G. Office set-up: 10 hours
(1) Understanding
establishment requirements.
(2) General
equipment.
(3) Table,
chair, work surface, lightening.
H. Disinfection and
sterilization: 100 hours
(1) Definition
of terms.
(2) Discuss
acceptable forms of sterilization.
(3) Proper
use of chemical agents, antiseptics, disinfestations, and fumigants.
(4) OSHA
and CDC guidelines regarding blood borne pathogens.
(5) Hand
washing stations.
(6) Hepatitis
B vaccination.
(7) PPE,
such as gloves and proper attire to avoid cross contamination.
(8) Proper
handling of devices, needles, and pigments.
(9) Sanitary
measures during procedure set-up, and clean-up.
I. Client
preparation: 10 hours
(1) Preparing
the clients skin.
(2) Ways
of marking the skin.
(3) Anesthetics
used before, during, and after procedure.
J. Color and
pigment theory: 10 hours
(1) Knowledge
of skin type and undertones.
(2) Pigment
care such as expiration, storage, and mixing.
(3) Use
of safety sheets.
K. Skin anatomy: 20 hours
(1) Understanding
of skin and layers.
(2) Healing
process of the skin and its care.
(3) Diseases,
disorders, and conditions such as; infection, herpes simplex, shingles, moles,
warts, freckles, psoriasis, eczema, rosacea, and reactions.
L. Machine/Needle
theory: 10 hours
(1) Operation,
maintenance, and instrument storage.
(2) Proper
needle handling and disposal.
(3) Groups,
numbers, and configurations.
(4) Pre-sterilized,
single use.
M. Business set-up: 5 hours
(1) Basic
business and social media guidelines.
(2) Legal
requirements.
(3) Insurance/liability.
(4) New
Mexico laws and regulations.
N. An
applicant for permanent cosmetic professional license shall take an exam
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.
O. A
permanent cosmetic professional applicant engaged in a state board approved
apprenticeship training program prior to the effective date of July 1, 2018
shall have until August 31, 2018 to comply with apprenticeship requirements.]
[RESERVED]
[16.36.2.16 NMAC - N, 6/21/2018; Repealed, 2/3/2022]
16.36.2.17 [SPECIAL EVENT, MOBILE BODY ART AND GUEST LICENSE REQUIREMENTS:
A. Any licensee
desiring to sponsor a special event must first obtain approval from the board
office. The purpose of prior approval is
to ensure professional integrity and that sanitation and safety requirements
are met. An application on the form
provided by the board office must be submitted at least 10 days prior to the
event. Approval for the special events
may be made administratively.
(1) The
sponsor(s) and the establishment where the sponsor(s) is practicing must have a
current license.]
(2) The
sponsor shall apply for the license at least 30 days prior to the event.
B. All provisions
of these regulations shall apply with the following exceptions.
(1) Hand
wash facilities shall be easily accessible to each procedure area and
designated for use by artists only. Hand
wash facilities or temporary hand wash facilities shall consist of
antibacterial liquid soap, single-use paper towels, and adequate supply of potable
water dispensed through a continuous flow spout. Wastewater shall be collected and disposed of
in a sanitary manner.
(2) Body
artists may bring pre-sterilized instruments or instruments that have been
sterilized at another location with documentation showing a negative spore test
result within the previous 30 days. On
site sterilization units may be used and shall comply with 16.36.5 NMAC of
these rules.
(3) After
the last procedure is completed, all procedure areas shall be cleaned and
disinfected.]
C. A guest licensee
is a body artist who is licensed in another jurisdiction or meets the
requirements of licensure in New Mexico and shall practice 30 days or less in
New Mexico. Registration is required
before any person may act as a guest licensee.
An applicant for registration as a guest licensee must:
(1) hold
current licensure as a body artist in another jurisdiction or have the
education or experience relating to the applicable type of New Mexico license
requested; and
(2) be
under the sponsorship of a New Mexico licensed body artist.
D. To be registered
as a guest licensee the following must be submitted to the board:
(1) verification
of sponsorship by a licensed body artist;
(2) a
complete application;
(3) registration
fee;
(4) proof
of age indicating applicant is at least 18 years old (government-issued
identification with a photo);
(5) copy
of current CPR, first aid and blood borne pathogen training as defined within
16.36.2.13 NMAC.
(6) verification
of licensure in another jurisdiction.
E. Applicants not
licensed in another jurisdiction must provide documentation of education and
experience relating to the applicable type of New Mexico license requested.
F. Guest body art
registration will expire 30 days from the date of issuance. A guest license shall not extend beyond 30
days unless the licensee petitions the board and provides documentation that
licensee has not worked 30 days in New Mexico. A guest license shall not be granted more than
three times within a 12 month period.] [RESERVED]
[16.36.2.17 NMAC -
Rp, 16.36.2.18 NMAC, 6/21/2018; Repealed, 2/3/2022]
16.36.2.18 [EXPEDITED LICENSURE - MILITARY SERVICE MEMBERS, SPOUSES &
VETERANS:
A. Applications
shall be completed on a form provided by the board All applications are valid
for one year from date received. All
fees are non-refundable.
B. The information
shall include:
(1) Completed
application and fee pursuant to 16.36.6.8 NMAC
(2) Satisfactory
evidence that the applicant holds a license that is current and in good
standing, issued by another jurisdiction and has met the minimal licensing
requirements that are substantially equivalent to the licensing requirements
for the license the applicant applies for pursuant to Chapter 61, Articles 2
through 34 NMSA 1978.
(3) Proof
of honorable discharge (DD214), active duty military ID card, or proof of
military spouse status.
C. Renewal for a
license issued pursuant to this section shall not be renewed unless the license
holder satisfies the requirements for the issuance set forth in 16.36.2 NMAC
and for the renewal of a license set forth in 16.36.2 NMAC pursuant to Chapter
61, Articles 2 through 34 NMSA 1978.
D. An applicant
whose license has expired for more than five years shall re-enter an approved
training program (apprenticeship), take the tattoo, body piercing-scarification
or permanent cosmetic 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.] [RESERVED]
[16.36.2.18 NMAC - N,
6/21/2018; Repealed, 2/3/2022]
16.36.2.21 [RECIPROCITY:
A. Submit an
affidavit of licensure demonstrating proof of current license, which is active
with no current or pending disciplinary action, as a tattoo artist, body
piercing-scarification, permanent cosmetics.
The licensing requirements in the other state-jurisdiction must be
substantially equivalent to New Mexico licensing requirements.
B. If they are not
substantially equivalent, the applicant must demonstrate to the satisfaction of
the body art practitioners that the licensee has been employed or working as a
tattoo artist, body artist, body piercing-scarification, permanent
cosmetics full time for three years Documentation includes employment-related
documents such as paystubs, W-2 Forms, 1099 and federal tax forms.] [RESERVED]
[16.36.2.21 NMAC -
N, 6/21/2018, Repealed, 2/3/2022]
16.36.2.22 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.
[16.36.2.22 NMAC - N, 2/3/2022]
16.36.2.23 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 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.
[16.36.2.23 NMAC - N, 2/3/2022]