New Mexico Register / Volume XXIX, Issue 6 / March 27, 2018

PUBLIC RULE HEARING AND REGULAR BOARD MEETING

The New Mexico Board of Body Art Practitioners (“Board”) will hold a rule hearing and board meeting on Monday, May 7, 2018, beginning at 9:00 a.m. at the Regulation and Licensing Department, located at 5500 San Antonio Dr., Albuquerque, NM, in the Main Conference Room. Following the rule hearing, the Board will convene a board meeting to discuss and adopt the proposed rules and take care of regular business.

The purpose of the rule hearing is to receive public input on the proposed amendments to the Board’s rules. The proposed rules clarify and consolidate provisions regarding new definitions, licensure requirements for permanent cosmetics, tattoo and body piercing-scarification.

To obtain and review copies of the proposed changes you may go to the Board’s website: http://www.rld.state.nm.us/boards/BoardofBodyArtPractitioners_Rules_and_Laws.aspx or contact the Boards and Commissions Division at 505.476.4622.

The Board is currently accepting public comments on the proposed amendments. Please submit written comments on the proposed changes to Richard Espinoza, Board Administrator via electronic mail at richard.espinoza@state.nm.us or by regular mail at P.O. Box 25101, Santa Fe, NM 87504 no later than Monday, April 23, 2018. Persons wishing to present their written comments at the rule hearing will need to provide 15 copies of any written comment or proposed language change for distribution to the Board members and staff.

If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing, please contact: Richard Espinoza, Board Administrator 505.476.4622.

Statutory Authority: Sections 61-17B-16, 61-17B-4, 61-17B-5 NMSA 1978; Section 61-1-34 NMSA 1978.

Summary of Proposed Changes:

16.36.1 NMAC – General Provisions

This part adds new definitions, removes language no longer relevant, and sets out the requirements for posting licenses.

16.36.2 – Licensure Requirements

This part will be repealed and replaced. The amendments to this part consolidate all the requirements for body art apprentice licensure and reorganize the entire section. There is new language about apprentice license and permanent cosmetics license. Redundant language was deleted. The order of operations was streamlined and the board can now gather more detailed information about an applicant. The practitioner license is no longer available as it is changed to a sponsor license. The part consolidates all body art practitioners’ license requirements. The training requirements were clarified. Three sections are specific to body piercing-scarification apprenticeship training. The training hours were reduced to 1200 hours. There is another section specific to tattoo. In the specific part to Permanent Cosmetics the hours of training were increased to 255 for health and safety reasons. The part provides new sections for expedited licensure for military service members, expired licenses and crossover hours.

16.36.3 – Requirements for establishments

The part was amended to reflect separation requirements in establishments based on recommendations from the department of health and regulation and licensing department inspectors.