TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 36 BODY ARTISTS AND OPERATORS
PART 1 GENERAL PROVISIONS
16.36.1.1 ISSUING AGENCY: Board of Body Art Practitioners.
[16.36.1.1 NMAC -
Rp, 16.36.1.1 NMAC, 2/4/2016; A, 2/3/2022]
16.36.1.2 SCOPE: Any person licensed to practice body art tattoo,
piercing, scarification and all operators.
[16.36.1.2 NMAC - Rp,
16.36.1.2 NMAC, 2/4/2016]
16.36.1.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the
Body Art Safe Practices Act, Sections 61-17B-3, 61-17B-5, 61-17B-7 and 61-17B-13 NMSA 1978.
[16.36.1.3 NMAC -
Rp, 16.36.1.3 NMAC, 2/4/2016]
16.36.1.4 DURATION: Permanent
[16.36.1.4 NMAC - Rp,
16.36.1.4 NMAC, 2/4/2016]
16.36.1.5 EFFECTIVE DATE: February 4, 2016, unless a later date is cited
at the end of a section.
[16.36.1.5 NMAC -
Rp, 16.36.1.5 NMAC, 2/4/2016]
16.36.1.6 OBJECTIVE: To define terms relevant to body art, custody
and alteration of licenses, license posted, exemptions and municipalities
[16.36.1.6 NMAC - Rp,
16.36.1.6 NMAC, 2/4/2016]
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 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]
16.36.1.8 CUSTODY AND ALTERATION OF LICENSES:
A. Licenses
issued by the board are at all times the property of the board,
and may remain in the custody of the licensee only as long as the
licensee complies with the act and board rules.
B. Licenses
shall not be altered in any way.
C. Inspectors
or board designees may retrieve any license which is suspended, revoked,
expired, altered
or left by a licensee who is no longer employed at an establishment.
D. A
current body art apprenticeship, practitioner or operator license is not
transferable from one person to another.
[16.36.1.8 NMAC -
Rp, 16.36.1.8 NMAC, 2/4/2016; A, 6/21/2018]
A. All official
board issued licenses, except
identification licenses, issued by the board shall be posted where clearly
visible to the public upon entry of the establishment.
B. Licensees must
attach a recent passport size colored photograph to the board issued license
and sign the license where indicated.
C. All licensees,
who have been placed on probation, will be issued a license, which states the
licensee is on disciplinary probation.
D. Licensees must
present a driver’s license or other identification when requested by the
public, the board or its authorized representative.
E. A special event
license shall be posted where clearly visible to the public upon entry of the
event.
[16.36.1.9 NMAC - Rp, 16.36.1.9 NMAC, 2/4/2016;
A, 6/21/2018]
16.36.1.10 EXEMPTIONS:
A. A person who
pierces only the outer perimeter of the ear, not including any cartilage, using
a pre-sterilized encapsulated single use stud ear piercing system, implementing
appropriate procedures, is exempt from the requirements of the Body Art Safe
Practices Act, Section 61-17B-1 NMSA 1978.
B. A member of a
federally recognized tribe, band, nation or pueblo who
performs scarification rituals for religious purposes is exempt from the
requirements of the Body Art Safe Practices Act.
[16.36.1.10 NMAC - Rp, 16.36.1.10 NMAC,
2/4/2016; A, 6/21/2018]
16.36.1.11 MUNICIPALITIES: The Body Art Safe Practices
Act, Section 61-17B-1 NMSA 1978 provides minimum standards for safe body art
practices. A municipality may by
ordinance provide more stringent standards.
[16.36.1.11 NMAC -
Rp, 16.36.1.11 NMAC, 2/4/2016]
16.36.1.12 ELECTRONIC
SIGNATURES: Electronic signatures will be acceptable for
body artist practitioner and establishment applications, renewal applications
and forms pursuant to the Uniform Electronic Transactions Act, Section 14-16-1
NMSA 1978.
[16.36.1.12 NMAC -
N, 2/3/2022]
HISTORY OF 16.36.1 NMAC:
History of Repealed Material:
16.36.1 NMAC, General Provisions, filed 4/16/2008 - Repealed and
Replaced by 16.36.1 NMAC, General Provisions, effective, 2/4/2016.