New Mexico Register / Volume
XXXIII, Issue 1 / January 11, 2022
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 36 BODY ARTISTS AND OPERATORS
PART 9 LICENSURE REQUIREMENTS FOR PERMANENT
COSMETICS PRACTITIONER
16.36.9.1 ISSUING AGENCY: Board of Body Art
Practitioners.
[16.36.9.1 NMAC – N,
2/3/2022]
16.36.9.2 SCOPE: Any person licensed as a permanent cosmetics
practitioner pursuant to the Body Art Safe Practices Act.
[16.36.9.2 NMAC – N,
2/3/2022]
16.36.9.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the
Body Art Safe Practices Act, Section 61-17B-5 NMSA 1978.
[16.36.9.3 NMAC – N,
2/3/2022]
16.36.9.4 DURATION: Permanent
[16.36.9.4 NMAC – N,
2/3/2022]
16.36.9.5 EFFECTIVE DATE: February 3, 2022, unless a later date is cited
at the end of a section.
[16.36.9.5 NMAC – N,
2/3/2022]
16.36.9.6 OBJECTIVE: To outline the application process, training
and examination requirements and the renewal procedures for permanent cosmetics
practitioner licensure.
[16.36.9.6 NMAC – N,
2/3/2022]
16.36.9.7 DEFINITIONS: [RESERVED]
16.36.9.8 APPRENTICE LICENSE APPLICATION
FOR PERMANENT COSMETICS PRACTITIONER:
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) full
applicant name;
(d) proof
of age indicating applicant is at least 18 years of age (government-issued
identification with a photo);
(e) current
electronic mail address;
(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 16.36.9.9 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 16.36.9.13 NMAC; and
(j) proof
of current immunizations as defined in 16.36.9.11 NMAC; and
(k) proof
of disqualifying criminal conviction 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 a 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; and
(d) proof
of current immunizations as defined in 16.36.9.11 NMAC; and
(e) proof
of disqualifying criminal conviction as defined in 16.36.4.9 NMAC.
[16.36.9.8 NMAC – N,
2/3/2022]
16.36.9.9 SPONSOR LICENSE APPLICATION FOR PERMANENT
COSMETICS:
A. A licensee may
be approved to sponsor only one 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 permanent cosmetic license;
(3) documentation
of legally practicing as a permanent cosmetics practitioner in New Mexico for
at least five years without any disciplinary action;
(4) a
curriculum as required in 16.36.9.14 NMAC to the board staff for approval;
curriculum shall include references and resources to be used and methods of
evaluation for each area covered; and
(5) name,
address and phone number of licensed establishment where apprenticeship will be
conducted. Establishment license must be
active upon receipt of application;
(6) proof
of disqualifying criminal conviction 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.
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
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 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 disqualifying criminal conviction as defined in 16.36.4.9 NMAC.
[16.36.9.9 NMAC – N,
2/3/2022]
16.36.9.10 APPLICATION FOR 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) 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 16.36.9.13 NMAC;
(i) proof
of current immunizations as defined in 16.36.9.11 NMAC;
(j) proof
of disqualifying criminal conviction as defined in 16.36.4.9 NMAC;
(k) proof
of completion permanent cosmetics training program and examination as defined
in 16.36.9.14 NMAC;
(l) a
recent passport size, color photograph; and
(m) non-refundable
application fee as required by the board.
B. Photographs: applicant for permanent cosmetic practitioner
must submit a minimum of 10 photographs with at least two from the following
areas:
(1) eyebrow
simulation;
(2) lip
liner;
(3) lip
color; and
(4) eyeliner/eyelash
enhancer of eyes.
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 16.36.9.13 NMAC;
(d) proof
of current immunizations as defined in 16.36.9.11 NMAC; and
(e) proof
of disqualifying criminal conviction as defined in 16.36.4.9 NMAC.
[16.36.9.10 NMAC - N,
2/3/2022]
16.36.9.11 PROOF OF CURRENT IMMUNIZATIONS:
Proof shall be provided upon request of the board or board
representative that apprentice, practitioner, and permanent cosmetic practitioner
licensee has either completed or declined, on a form provided by the board, the
hepatitis B vaccination series. For
those who decline the hepatitis B vaccination series, an information brochure
developed by the New Mexico department of health will be provided which
explains the risks of hepatitis B and C.
[16.36.9.11 NMAC – N,
2/3/2022]
16.36.9.12 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 permanent cosmetic 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 permanent cosmetics apprenticeship shall file an apprentice agreement
notarized by all parties that applicant shall complete the board required
training requirements.
[16.36.9.12 NMAC -
N, 2/3/2022]
16.36.9.13 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 practitioner
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 practitioner 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 practitioner 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.
[16.36.9.13 NMAC – N, 2/3/2022]
16.36.9.14 EXPIRED LICENSE:
A. An applicant
whose license has been expired for one year but less than two years shall
submit an application, payment of all renewal fees to bring the license
current, proof of completion of blood borne pathogens training within the prior
12 months, current CPR and first aid certification, and take and pass a board
approved jurisprudence examination with a minimum score of seventy-five
percent.
B. An applicant
whose license has expired for more than two years shall take the permanent
cosmetic written examination approved by the board with a passing minimum score
approved by the board. Applicant must
also take and pass a board approved jurisprudence examination with a minimum
passing score of seventy-five percent.
C. An operator
whose establishment license has expired shall submit a reinstatement
application, payment of reinstatement fee for each year the license has been
expired; and name of licensed operator.
D. A practitioner
whose license has been expired more than five years shall re-enter an approved
training program (apprenticeship), take 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.
[16.36.9.14 NMAC – N,
2/3/2022]
16.36.9.15 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 16.36.9.16
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 16.36.9.16 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; and
(f) proof of disqualifying criminal conviction 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.
[16.36.9.15 NMAC - N, 2/3/2022]
16.36.9.16 ADDITIONAL TRAINING REQUIREMENTS: If the board determines that an applicant’s training and experience is not substantially equivalent to the training and experience required under the applicable provisions of the Body Art Safe Practices Act and the regulations promulgated by the board pursuant to the Act, it may require:
A. the applicant to complete additional course work before proceeding with the application process; and
B. the applicant to meet any other requirements as may be prescribed by the board, including a practical exam or an apprenticeship program.
[16.36.9.16 NMAC -
N, 2/3/2022]
HISTORY OF 16.36.9 NMAC: