TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 36 BODY ARTISTS AND OPERATORS
PART 2 LICENSURE REQUIREMENTS
16.36.2.1 ISSUING AGENCY: 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 and all operators.
[16.36.2.2 NMAC -
Rp, 16.36.2.2 NMAC, 6/21/2018, A, 2/3/2022]
16.36.2.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the
Body Art Safe Practices Act, Section 61-17B-5 NMSA 1978.
[16.36.2.3 NMAC - Rp,
16.36.2.3 NMAC, 6/21/2018]
16.36.2.4 DURATION: Permanent
[16.36.2.4 NMAC - Rp,
16.36.2.4 NMAC, 6/21/2018]
16.36.2.5 EFFECTIVE DATE: June 16, 2018, unless a later date is cited at
the end of a section.
[16.36.2.5 NMAC - Rp,
16.36.2.5 NMAC, 6/21/2018]
16.36.2.6 OBJECTIVE: To outline the application process, training
and examination requirements and the renewal procedures.
[16.36.2.6 NMAC - Rp,
16.36.2.6 NMAC, 6/21/2018]
16.36.2.7 DEFINITIONS: [RESERVED]
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) must
be at least 18 years of age;
(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 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 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 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; curriculum
shall include references and resources to be used and methods of evaluation for
each area covered;
(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.
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) must
be at least 18 years of age;
(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 any disqualifying
criminal convictions as defined in 16.36.4.9 NMAC;
(j) proof
of completion of tattoo training program and
examination as defined in 16.36.2.14 NMAC.
(k) a
recent passport size, color photograph; and
(l) non-refundable
application fee as required by the board.
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.
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 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]
16.36.2.11 [RESERVED]
[16.36.2.11 NMAC -
Rp, 16.36.2.11 NMAC, 6/21/2018; Repealed, 2/3/2022]
16.36.2.12 [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;
[16.36.2.13 NMAC -
Rp, 16.36.2.13 NMAC, 6/21/2018, A, 2/3/2022; A, 7/12/2022]
16.36.2.14 [RESERVED]
[16.36.2.14 NMAC -
Rp, 16.36.2.14 NMAC, 6/21/2018; Repealed, 2/3/2022]
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 be submitted on a log provided by the board;
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.
(n) determining
the appropriateness of a tattoo placement;
(o) equipment;
(p) disposable
supplies;
(q) needles;
(r) sharps
disposal;
(s) reusable
equipment;
(t) storage;
(u) tattoo
equipment maintenance;
(v) understanding
the electromagnetic tattoo machine and its history;
(w) liner/shader
set-up;
(x) quality
and conductivity of metals used in tattoo machines;
(y) spring
gauges and maintenance;
(z) the
difference between long stroke/short stroke technique;
(aa) tattoo
machine schematics, electronics and constructions;
(bb) tuning
and adjustment of machines;
(cc) understanding
current/voltage and reciprocation response;
(dd) needle-making
safety and construction; and
(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 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]
16.36.2.16 [RESERVED]
[16.36.2.16 NMAC - N, 6/21/2018; Repealed, 2/3/2022]
16.36.2.17 [RESERVED]
[16.36.2.17 NMAC -
Rp, 16.36.2.18 NMAC, 6/21/2018; Repealed, 2/3/2022]
16.36.2.18 [RESERVED]
[16.36.2.18 NMAC -
N, 6/21/2018; Repealed, 2/3/2022]
16.36.2.19 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 tattoo, body
piercing-scarification or 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 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.
[16.36.2.19 NMAC -
N, 6/21/2018]
16.36.2.20 CROSSOVER HOURS: Individuals
who are licensed in one discipline may transfer 100 hours of orientation toward
their apprenticeship in another discipline, if they have at least one year of
full time, verified work experience in a licensed establishment and complete
the remaining required hours for licensure.
[16.36.2.20 - N, 6/21/2018]
16.36.2.21 [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. 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 training before proceeding with the application process; and
(2) 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]
HISTORY OF 16.36.2 NMAC:
16.36.2 NMAC, Licensure Requirements, filed 2/4/2016 was Repealed and
Replaced by Licensure Requirements, effective, 6/21/2018.
History of Repealed Material:
16.36.2 NMAC, Licensure Requirements, filed 3/12/2010 – Repealed
effective, 2/4/2016.
16.36.2 NMAC, Licensure Requirements, filed 2/4/2016 – Repealed
effective, 6/21/2018.