New Mexico Register / Volume
XXXIII, Issue 13 / July 12, 2022
This is an amendment to 16.36.2 NMAC, Sections 8, 9, 10, 11, 13, 15, 22 and 23, effective 7/12/2022.
16.36.2.8 APPRENTICE LICENSE APPLICATION
FOR BODY ART TATTOO:
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] must be at least 18 years of age
[(government-issued identification with a photo)];
(e) current
electronic mail address;
(f) current
phone number;
(g) name,
address and phone number of licensed establishment
where apprenticeship will be conducted.
Establishment license must be current upon receipt of application.
(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;
(i) copy of current CPR, first aid and
blood borne pathogen training certificates, as defined within 16.36.2.13 NMAC;
and
[(j) proof of current immunizations as defined in 16.36.2.12
NMAC; and
(k)] (j) 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 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. 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;
[(d) proof of current immunizations as defined in 16.36.2.12
NMAC; and
(e)] (d) proof of any
disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.2.8 NMAC - Rp, 16.36.2.8 NMAC,
6/21/2018, A, 2/3/2022; A, 7/12/2022]
16.36.2.9 SPONSOR LICENSE APPLICATION FOR BODY ART
TATTOO:
A. A licensee may
be approved to sponsor only one body art tattoo, 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, license;
(3) documentation
of legally practicing body art tattooing [, 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 16.36.2.15 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 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 signed log shall be sent to the board 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 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;
(b) name
of establishment and address where apprenticeship will be conducted,
establishment license must be active upon receipt of application; and
(c) proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC;
[16.36.2.9 NMAC -
Rp, 16.36.2.9 NMAC, 6/21/2018, A, 2/3/2022; A, 7/12/2022]
16.36.2.10 APPLICATION FOR BODY ART TATTOO 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] must be at least 18 years of age [(government-issued
identification with a photo)];
(e) establishment
mailing address;
(f) 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 16.36.2.13 NMAC;
[(i) proof of current immunizations as
defined in 16.36.2.12 NMAC;
(j)] (i) proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC;
[(k)] (j) proof of
completion of tattoo[, piercing-scarification, or
permanent cosmetics] training program and examination as defined in
16.36.2.14 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 tattoo artist license must
include a minimum of 10 original photographs of healed tattoos, which 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 16.36.2.13 NMAC;
[(d) proof of current immunizations as defined in 16.36.2.12
NMAC; and
(e)] (d) proof of any
disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.2.10 NMAC -
Rp, 16.36.2.10 NMAC, 6/21/2018; A, 2/3/2022; A, 7/12/2022]
16.36.2.12 [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]
16.36.2.13 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, 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 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; A, 7/12/2022]
16.36.2.15 TATTOO APPRENTICESHIP TRAINING AND EXAMINATION REQUIREMENTS:
A. Upon successful completion
of apprenticeship program, an applicant for original tattoo 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] be submitted on a log provided by the board [; and
(2) a
minimum of 10 original photographs of healed tattoos which the artisan has
personally performed and a minimum of three signed testaments from previous
clients.]
C. Tattoo
apprenticeship curriculum; 1400 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; and
(iv) personal boundaries.
(1) 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) Tattooing
observation/theory - 200 hours:
(a) artistic
development;
(b) drawing
for clients;
(c) stencil
making and application;
(d) color
theory/understanding the color wheel;
(e) line
quality and proportion;
(f) shading
and coloring technique;
(g) pigments
and color mixing;
(h) portfolio
construction and maintenance;
(i) anatomy;
(j) understanding
of skin;
(k) parts
and functions of skin;
(l) Surgically
modified skin and scar tissue.
(m) Compromised
skin from medical procedure, such as radiation and chemotherapy.
[(l)] (n) determining the
appropriateness of a tattoo placement;
[(m)] (o) equipment;
[(n)] (p) disposable supplies;
[(o)] (q) needles;
[(p)] (r) sharps disposal;
[(q)] (s) reusable equipment;
[(r)] (t) storage;
[(s)] (u) tattoo equipment maintenance;
[(t)] (v) understanding the
electromagnetic tattoo machine and its history;
[(u)] (w) liner/shader set-up;
[(v)] (x) quality and
conductivity of metals used in tattoo machines;
[(w)] (y) spring gauges and maintenance;
[(x)] (z) the difference
between long stroke/short stroke technique;
[(y)] (aa) tattoo
machine schematics, electronics and constructions;
[(z)] (bb) tuning
and adjustment of machines;
[(aa)] (cc) understanding
current/voltage and reciprocation response;
[(bb)] (dd) needle-making
safety and construction; and
[(cc)] (ee) aftercare.
(4) Tattooing
observation/practical - 1000 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) tattooing
techniques;
(h) line
quality and solid color techniques;
(i) pigment and implementation selection
and use;
(j) needle
depth and machine/hand speed coordination;
(k) dealing
with mistakes;
(l) bandaging
techniques; and
(m) in order to be approved practical work must include a minimum of 50 completed procedures, for the purposes of determining qualifications for licensure under this rule. Completed procedure means a tattoo which has been finished on a live human being, including any touchups or additional work following initial healing and the client is released from service.
D. An applicant for
a body art tattoo 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.
E. Individuals who
have been approved to take the written examination will have 12 months from
approval date to take the examination and get licensed through the board.
[16.36.2.15 NMAC -
N, 6/21/2018; A, 7/12/2022]
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.]
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 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 16.36.2.13 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 16.36.2.13 NMAC;
(4) proof
of practice equivalent to the hours of training defined in 16.36.2.15 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 16.36.2.23 NMAC.
[16.36.2.22 NMAC - N, 2/3/2022; A, 7/12/2022]
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] 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 16.36.2.15 NMAC.
[16.36.2.23 NMAC - N, 2/3/2022, A, 7/12/2022]