New Mexico Register
/ Volume XXIX, Issue 11 / June 12, 2018
TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 36 BODY
ARTISTS AND OPERATORS
PART 2 LICENSURE
REQUIREMENTS
16.36.2.1 ISSUING AGENCY: Regulation and Licensing Department, Board of Body Art Practitioners.
[16.36.2.1
NMAC - Rp, 16.36.2.1 NMAC, 6/21/2018]
16.36.2.2 SCOPE: Any person licensed to practice
body art tattoo, piercing, scarification and all operators.
[16.36.2.2
NMAC - Rp, 16.36.2.2 NMAC, 6/21/2018]
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, PIERCING-SCARIFICATION, OR PERMANENT COSMETICS:
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) social
security number;
(e) proof
of age indicating applicant is at least 18 years of age (government-issued
identification with a photo);
(f) email
(g) phone
number;
(h) name,
address and phone number of licensed establishment where apprenticeship will be
conducted. Establishment license must be
current upon receipt of application.
(i) 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;
(j) copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.2.13 NMAC; and
(k) proof
of current immunizations as defined in 16.36.2.12 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
his or her 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 16.36.2.12 NMAC
(5) Electronic
signatures will be acceptable for renewals submitted pursuant to 16.36.1
through 16.36.6 NMAC.
[16.36.2.8
NMAC - Rp, 16.36.2.8 NMAC, 6/21/2018]
16.36.2.9 SPONSOR LICENSE APPLICATION FOR
BODY ART TATTOO, PIERCING-SCARIFICATION, OR PERMANENT COSMETICS:
A. A licensee may be approved to sponsor only one tattoo, body piercing-scarification, or 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 tattoo, body piercing-scarification, or permanent cosmetic license;
(3) documentation of legally practicing tattooing, body piercing-scarification, or permanent cosmetics in New Mexico for at least five years without any disciplinary action;
(4) a curriculum as required in Sections 14, 15 and 16 of 16.36.2 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;
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 sign and notarize the apprentice log. The notarized log shall be sent to the board within 30 days and shall include a statement from the sponsor stating the apprenticeship has been completed. The sponsor will give a copy of the notarized 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; and
(b) name of establishment and address where apprenticeship will be conducted, establishment license must be active upon receipt of application.
G. Electronic signatures will be acceptable for renewals submitted pursuant to 16.36.1 through 16.36.6 NMAC.
[16.36.2.9
NMAC - Rp, 16.36.2.9 NMAC, 6/21/2018]
16.36.2.10 APPLICATION FOR BODY ART TATTOO,
PIERCING-SCARIFICATION, OR 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) name;
(c) social
security number;
(d) date
of birth;
(e) proof
of age indicating applicant is at least 18 years of age (government-issued
identification with a photo);
(f) establishment
mailing address;
(g) phone
number;
(h) name,
address and phone number of licensed establishment where services will be
performed. Establishment license must be
current upon receipt of application;
(i) copy of current CPR, first aid and
blood borne pathogen training certificates, as defined within 16.36.2.13 NMAC;
(j) proof
of current immunizations as defined in 16.36.2.12 NMAC;
(k) proof
of completion of tattoo, piercing-scarification, or permanent cosmetics
training program and examination as defined in 16.36.2.14 NMAC.
(l) a
recent passport size, color photograph; and
(m) non-refundable
application fee as required by the board.
B. Photographs:
(1) applicant
for tattoo artist license must include a minimum of 10 original photographs of
healed tattoos, which the applicant has personally performed.
(2) applicant
for body piercing must include a minimum of ten photographs of healed piercing
the applicant has personally performed.
(3) applicant
for permanent cosmetic practitioner must submit a minimum of 10 photographs with
at least two from the following areas:
(a) eyebrow
simulation;
(b) lip
liner;
(c) lip
color;
(d) eyeliner/eyelash
enhancer of eyes; and
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 16.36.2.13 NMAC; and
(d) proof
of current immunizations as defined in 16.36.2.12 NMAC.
E. Electronic
signatures will be acceptable for renewals submitted pursuant to 16.36.1
through 16.36.6 NMAC.
F. A permanent
cosmetic professional 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
[16.36.2.10
NMAC - Rp, 16.36.2.10 NMAC, 6/21/2018]
16.36.2.11 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) operator’s
social security number;
(f) establishment
address;
(g) establishment
phone number;
(h) 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;
(i) a copy of current city or county
business license;
(j) copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.2.13 NMAC;
(k) proof
of current immunizations as defined in 16.36.2.12 NMAC; 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
defined within 16.36.2.13 NMAC; and
(d) proof
of current immunizations as defined in 16.36.2.12 NMAC.
E. Electronic
signatures will be acceptable for renewals submitted pursuant to 16.36.1
through 16.36.6 NMAC.
[16.36.2.11 NMAC - Rp,
16.36.2.11 NMAC, 6/21/2018]
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 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.
[16.36.2.12
NMAC - Rp, 16.36.2.12 NMAC, 6/21/2018]
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, permanent cosmetic professional 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 tattoo or body piercing-scarification apprenticeship shall file an apprentice
agreement notarized 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]
16.36.2.14 BODY
PIERCING - SCARIFICATION APPRENTICESHIP TRAINING AND EXAMINATION REQUIREMENTS
A. Upon successful
completion of apprenticeship program, an applicant for original piercing-scarification
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 log provided by the board;
(2) a
minimum of 10 original photographs of healed piercings-scarifications which the
artisan has personally performed and a minimum of three signed testaments from
previous clients.
C. Body piercing
apprenticeship curriculum: 1200 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;
(iv) personal
boundaries;
(l) 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) Body
piercing theory - 200
hours:
(a) jewelry;
(b) standards
and certifications;
(c) certified
materials for new piercings;
(d) other
appropriate materials for new piercings;
(e) jewelry
materials for healed piercings;
(f) jewelry
to avoid;
(g) quality
jewelry (things to look for);
(h) jewelry
styles;
(i) cleaning, sterilization and storage
of jewelry;
(j) anatomy;
(k) understanding
of skin;
(l) parts
and functions of skin;
(m) oral/facial
anatomy as it pertains to piercing;
(n) knowledge and
ability to avoid damage to underlying blood vessels and nerves;
(o) knowledge and
recognition of disorders, anomalies and diseases of the skin;
(p) body anatomy as it
pertains to piercing;
(q) determining
the appropriateness of a piercing;
(r) equipment;
(s) disposable
supplies;
(t) needles;
(u) sharps
disposal;
(v) reusable
equipment;
(w) storage;
(x) aftercare;
and
(y) piercing
guns (theory only).
(4) Body
piercing observation/practical - 800 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) piercing
techniques;
(h) dealing
with mistakes;
(i) in order to be approved, curriculum
for body piercing
practitioner training shall
include, at a minimum, 50 practical body piercing procedures performed by the
apprentice under sponsor supervision. The 50 supervised completed procedures shall consist of at least five
completed procedures in each of the following areas:
(i) ears;
(ii) nose;
(iii) tongue;
(iv) nipple;
(v) navel;
(vi) eyebrow;
(vii) lip/labret;
and
(viii) septum.
(j) Curriculum
should include the following for each procedure:
(i) related anatomy;
(ii) appropriate
placement;
(iii) skin
preparation;
(iv) implement
selection and use;
(v) techniques; and
(vi) healing
and aftercare.
An applicant for a
body art piercing-scarification 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.
[16.36.2.14
NMAC - Rp, 16.36.2.14 NMAC, 6/21/2018]
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 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) determining
the appropriateness of a tattoo placement;
(m) equipment;
(n) disposable
supplies;
(o) needles;
(p) sharps
disposal;
(q) reusable
equipment;
(r) storage;
(s) tattoo
equipment maintenance;
(t) understanding
the electromagnetic tattoo machine and its history;
(u) liner/shader set-up;
(v) quality
and conductivity of metals used in tattoo machines;
(w) spring
gauges and maintenance;
(x) the
difference between long stroke/short stroke technique;
(y) tattoo
machine schematics, electronics and constructions;
(z) tuning
and adjustment of machines;
(aa) understanding
current/voltage and reciprocation response;
(bb) needle-making
safety and construction; and
(cc) 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]
16.36.2.16 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 professional
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 professional
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 professional 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.
[16.36.2.16
NMAC - N, 6/21/2018]
16.36.2.17 SPECIAL
EVENT, MOBILE BODY ART AND GUEST LICENSE REQUIREMENTS:
A. Any licensee
desiring to sponsor a special event must first obtain approval from the board
office. The purpose of prior approval is
to ensure professional integrity and that sanitation and safety requirements
are met. An application on the form
provided by the board office must be submitted at least 10 days prior to the
event. Approval for the special events
may be made administratively.
(1) The
sponsor(s) and the establishment where the sponsor(s) is practicing must have a
current license.
(2) The
sponsor shall apply for the license at least 30 days prior to the event.
B. All provisions
of these regulations shall apply with the following exceptions.
(1) Hand
wash facilities shall be easily accessible to each procedure area and
designated for use by artists only. Hand
wash facilities or temporary hand wash facilities shall consist of
antibacterial liquid soap, single-use paper towels, and adequate supply of
potable water dispensed through a continuous flow spout. Wastewater shall be
collected and disposed of in a sanitary manner.
(2) Body
artists may bring pre-sterilized instruments or instruments that have been
sterilized at another location with documentation showing a negative spore test
result within the previous 30 days. On
site sterilization units may be used and shall comply with 16.36.5 NMAC of
these rules.
(3) After
the last procedure is completed, all procedure areas shall be cleaned and
disinfected.
C. A guest licensee
is a body artist who is licensed in another jurisdiction or meets the
requirements of licensure in New Mexico and shall practice 30 days or less in
New Mexico. Registration is required
before any person may act as a guest licensee. An applicant for registration as a guest
licensee must:
(1) hold
current licensure as a body artist in another jurisdiction or have the
education or experience relating to the applicable type of New Mexico license
requested; and
(2) be
under the sponsorship of a New Mexico licensed body artist.
D. To be registered
as a guest licensee the following must be submitted to the board:
(1) verification
of sponsorship by a licensed body artist;
(2) a
complete application;
(3) registration
fee;
(4) proof
of age indicating applicant is at least 18 years old (government-issued
identification with a photo);
(5) copy
of current CPR, first aid and blood borne pathogen training as defined within
16.36.2.13 NMAC.
(6) verification of licensure in
another jurisdiction.
E. Applicants not
licensed in another jurisdiction must provide documentation of education and
experience relating to the applicable type of New Mexico license requested.
F. Guest body art
registration will expire 30 days from the date of issuance. A guest license shall not extend beyond 30
days unless the licensee petitions the board and provides documentation that
licensee has not worked 30 days in New Mexico. A guest license shall not be granted more than
three times within a 12 month period.
[16.36.2.17
NMAC - Rp, 16.36.2.18 NMAC, 6/21/2018]
16.36.2.18 EXPEDITED LICENSURE - MILITARY SERVICE MEMBERS, SPOUSES & VETERANS:
A. Applications shall be completed on a form provided by the board. All applications are valid for one year from date received. All fees are non-refundable.
B. The information shall include:
(1) Completed application and fee pursuant to 16.36.6.8 NMAC
(2) Satisfactory evidence that the applicant holds a license that is current and in good standing, issued by another jurisdiction and has met the minimal licensing requirements that are substantially equivalent to the licensing requirements for the license the applicant applies for pursuant to Chapter 61, Articles 2 through 34 NMSA 1978.
(3) Proof of honorable discharge (DD214), active duty military ID card, or proof of military spouse status.
C. Renewal for a license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for the issuance set forth in 16.36.2 NMAC and for the renewal of a license set forth in 16.36.2 NMAC pursuant to Chapter 61, Articles 2 through 34 NMSA 1978.
D. An applicant whose license has expired for 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.
[16.36.2.18
NMAC - N, 6/21/2018]
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 RECIPROCITY:
A. Submit an affidavit of licensure demonstrating proof of
current license, which is active with no current or pending disciplinary
action, as a tattoo artist, body piercing-scarification, permanent cosmetics. The licensing requirements in the other
state-jurisdiction must be substantially equivalent to New Mexico licensing
requirements.
B. If they are not substantially equivalent, the applicant
must demonstrate to the satisfaction of the body art practitioners that the
licensee has been employed or working as a tattoo artist, body artist, body
piercing-scarification, permanent cosmetics
full time for three years Documentation
includes employment-related documents such as paystubs, W-2 Forms, 1099 and
federal tax forms.
[16.36.2.20 NMAC - N, 6/21/2018]
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.