TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 36 BODY ARTISTS AND OPERATORS
PART 3 REQUIREMENTS FOR ESTABLISHMENTS
16.36.3.1 ISSUING AGENCY: Board of Body Art Practitioners.
[16.36.3.1 NMAC -
Rp, 16.36.3.1 NMAC, 2/4/2016; A, 2/3/2022]
16.36.3.2 SCOPE: Any person licensed to practice body art
tattoo, piercing, scarification and all operators.
[16.36.3.2 NMAC - Rp,
16.36.3.2 NMAC, 2/4/2016]
16.36.3.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the
Body Art Safe Practices Act, Section 61-17B-5 NMSA 1978.
[16.36.3.3 NMAC - Rp,
16.36.3.3 NMAC, 2/4/2016]
16.36.3.4 DURATION: Permanent
[16.36.3.4 NMAC - Rp,
16.36.3.4 NMAC, 2/4/2016]
16.36.3.5 EFFECTIVE DATE: February 4, 2016, unless a later date is cited
at the end of a section.
[16.36.3.5 NMAC - Rp,
16.36.3.5 NMAC, 2/4/2016]
16.36.3.6 OBJECTIVE: To outline the application process for body
art operator licensure and requirements for all establishments.
[16.36.3.6 NMAC -
Rp, 16.36.3.6 NMAC, 2/4/2016, A, 2/3/2022]
16.36.3.7 DEFINITIONS: [RESERVED]
16.36.3.8 REQUIREMENTS FOR ESTABLISHMENT:
A. All walls and
floors of a body art establishment shall be washable and in good repair. Walls and floors shall be maintained in a
clean condition. All surfaces, including
client chairs and benches shall be of such construction as to be easily cleaned
and sanitized after each client procedure.
All body art establishments shall be completely separated from any other
business or non-business using floor-to-ceiling walls and doors. Rooms where body art procedures occur shall
be free from debris or any safety hazards and shall not be used for storage.
B. Establishments
located within or at a private residence must meet zoning requirements. An establishment located in or at a private
residence shall meet establishment requirements as stated in 16.36.3.8 NMAC.
C. There shall be a
minimum of 40 square feet of floor space for each procedure room. Each body art establishment shall have an
area that may be screened from public view for clients requesting privacy. Multiple procedure rooms shall be separated
by clean, non-porous and washable dividers, curtains
or partitions, which shall be maintained with an EPA registered disinfectant.
D. The body art establishment
shall be well-ventilated and provided adequate artificial light.
E. No animals of
any kind shall be allowed in an establishment, except service animals used by
persons with limitations as defined in the Americans with Disabilities
Act. Aquariums are allowed, but not
within a procedure room.
F. A separate,
readily accessible, hand sink with hot and cold running water, under pressure,
preferably equipped with wrist or foot operated controls and supplied with
liquid soap and disposable paper towels shall be
readily accessible within the body art establishment. One hand sink shall serve no more than three
operators. In addition, there shall be a
minimum of one lavatory, excluding any service sinks, and one toilet in a body
art establishment.
G. At least one
covered waste receptacle shall be provided in each operator area and each
toilet room. Receptacles in the operator
area shall be emptied daily and solid waste shall be removed from the premises
at least weekly. Receptacles in the
operator area shall either have a foot operated lid or a lid that can and shall
remain open during body art procedures to prevent hand contact with the
receptacle during a procedure. All
refuse containers shall be cleanable and kept clean.
H. All instruments
and supplies shall be stored in clean dry covered containers.
I. If reusable
cloth items, including but not limited to lap-cloths, are used, they shall be
mechanically washed after each client procedure. Reusable cloth items shall be mechanically
washed with detergent and dried. The
cloth items shall be stored in a clean dry environment.
J. The following
information shall be kept on file on the premises of a body art establishment
and available for inspection by the board:
(1) the
full names of all employees in the establishment and their exact duties;
(2) the
board-issued license with identification photograph;
(3) the
body art establishment name and hours of operation;
(4) the
name and address of the body art establishment owner;
(5) a
complete description of all body art performed;
(6) maintenance
of a safety data sheet (SDS) file containing pertinent information regarding
products; and
(7) a
copy of the Body Art Safe Practices Act and current rules.
K. An operator
shall notify the board in writing not less than 30 days before changing the
location of a body art establishment.
The notice shall include the street address of the new location.
[16.36.3.8 NMAC -
Rp, 16.36.3.8 NMAC, 2/4/2016; A, 6/21/2018; A, 7/12/2022]
16.36.3.9 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) establishment
address;
(f) establishment
phone number;
(g) 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;
(h) a
copy of current city or county business license;
(i) copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.2 or 16.36.9. or 16.36.10 NMAC pursuant to Chapter
61, Article 17B NMSA 1978;
(j) proof
of current immunizations as defined in 16.36.2 or 16.36.9. or 16.36.10
NMAC pursuant to Chapter 61, Article 17B NMSA 1978;
(k) proof
of disqualifying criminal conviction as defined in 16.36.4.9 NMAC
pursuant to Chapter 61, Article 17B NMSA 1978; 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 16.36.2
or 16.36.9. or 16.36.10 NMAC pursuant to Chapter 61, Article 17B NMSA 1978;
(d) proof of current immunizations as defined in 16.36.2 or 16.36.9. or 16.36.10 NMAC pursuant to Chapter 61, Article 17B NMSA 1978; and
(e) proof of disqualifying criminal conviction as
defined in 16.36.4.9 NMAC pursuant to Chapter 61, Article 17B NMSA 1978.
[16.36.3.9 NMAC – N,
2/3/2022]
16.36.3.10 EXPIRED
LICENSE: 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.
[16.36.3.10 NMAC –
N, 2/3/2022]
HISTORY OF 16.36.3 NMAC:
16.36.3 NMAC, Requirements for Establishments, filed 4/16/2008 was
Repealed and replaced by 16.36.3 NMAC, Requirements for Establishments,
effective 2/4/2016.
History of Repealed Material:
16.36.3 NMAC, Requirements for Establishments, filed 4/16/2008 -
Repealed effective, 2/4/2016