New Mexico Register / Volume XXXIII, Issue 1 / January 11, 2022

TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 36 BODY ARTISTS AND OPERATORS

PART 8 EXPEDITED LICENSURE FOR MILITARY SERVICE MEMBERS AND VETERANS

16.36.8.1 ISSUING AGENCY: Board of Body Art Practitioners.

[16.36.8.1 NMAC – N, 2/3/2022]

16.36.8.2 SCOPE: This part sets for the application procedures to expedite licensure for military service members, their spouse or dependent children, and for veterans.

[16.36.8.2 NMAC – N, 2/3/2022]

16.36.8.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the Body Art Safe Practices Act, Section 61-17B-5 NMSA 1978.

[16.36.8.3 NMAC – N, 2/3/2022]

16.36.8.4 DURATION: Permanent

[16.36.8.4 NMAC – N, 2/3/2022]

16.36.8.5 EFFECTIVE DATE: February 3, 2022, unless a later date is cited at the end of a section.

[16.36.8.5 NMAC – N, 2/3/2022]

16.36.8.6 OBJECTIVE: The purpose of this part is to expedite licensure for military service members, their spouses, their dependent children and for veterans pursuant to 61-1-34 NMSA 1978.

[16.36.8.6 NMAC – N, 2/3/2022]

16.36.2.7 DEFINITIONS: [RESERVED]

16.36.8.8 APPLICATION REQUIREMENTS:

A. Applications for registration 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 applicant shall provide a complete application that includes the following information:

(1) applicant’s full name;

(2) current mailing address;

(3) current electronic mail address;

(4) date of birth;

(5) current bloodborne pathogens certification;

(6) current CPR/First Aid certification; and

(7) proof as described in subsection C below.

C. The applicant shall provide the following satisfactory evidence as follows:

(1) applicant is currently licensed and in good standing in another jurisdiction, including a branch of the United States armed forces;

(2) applicant has met the minimal licensing requirements in that jurisdiction and the minimal licensing requirements in that jurisdiction are substantially equivalent to the licensing requirements for New Mexico; and

(3) the following documentation:

(a) for military service member: copy of military orders;

(b) for spouse of military service members: copy of military service member’s military orders, and copy of marriage license;

(c) for spouses of deceased military service members: copy of decedent’s DD 214 and copy of marriage license;

(d) for dependent children of military service members: copy of military service member’s orders listing dependent child, or a copy of military orders and one of the following: copy of birth certificate, military service member’s federal tax return or other governmental or judicial documentation establishing dependency;

(e) for veterans (retired or separated): copy of DD 214 showing proof of honorable discharge.

D. The license or registration shall be issued by the board as soon as practicable but no later than thirty days after a qualified military service member, spouse, dependent child, or veteran files a complete application and provides a background check if required for a license, and any required fees.

E. Military service members and veterans shall not pay and the board shall not charge a licensing fee for the first three years for a license issued pursuant to this rule.

F. A license issued pursuant to this section shall be valid for the time period that is specified in the Body Art Safe Practices Act.

[16.36.8.8 NMAC - N, 2/3/2022]

16.36.8.9 RENEWAL REQUIREMENTS:

A. A license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for renewal set forth in 16.36.2 or 16.36.9. or 16.36.10 NMAC pursuant to Chapter 61, Article 17B NMSA 1978.

B. As a courtesy, the board will send via electronic mail license renewal notifications to licensees or registrants before the license expiration date to the last known email address on file with the board. Failure to receive the renewal notification shall not relieve the licensee or registrant of the responsibility of timely renewal on or before the expiration date.

C. 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.

[16.36.8.9 NMAC - N, 2/3/2022]

HISTORY OF 16.36.7 NMAC: