New Mexico Register / Volume
XXXIII, Issue 13 / July 12, 2022
This is an amendment to 16.36.9 NMAC, Sections 8, 9, 10, 11, 12, 13, 15 and 16 effective, 7/12/2022.
16.36.9.8 APPRENTICE LICENSE APPLICATION
FOR PERMANENT COSMETICS PRACTITIONER:
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) full
applicant name;
(d) [proof
of age indicating applicant is] applicant must be at least 18 years
of age [(government-issued identification with a photo)];
(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 16.36.9.9 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 16.36.9.13 NMAC;
and
(j) [proof
of current immunizations as defined in 16.36.9.11 NMAC; and]
[(k)] proof of any disqualifying criminal conviction 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 a 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 16.36.9.11 NMAC; and]
[(e)] proof of any disqualifying criminal conviction as
defined in 16.36.4.9 NMAC.
[16.36.9.8 NMAC – N,
1/11/2022; A, 7/12/2022]
16.36.9.9 SPONSOR LICENSE APPLICATION FOR PERMANENT
COSMETICS:
A. A licensee may
be approved to sponsor [only one] up to four permanent cosmetic apprentice at a time. A sponsor must be licensed in the
areas they will be training.
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 permanent [cosmetic] cosmetics practitioners license;
(3) documentation
of legally practicing as a permanent cosmetics practitioner [in New Mexico]
for [at least] a minimum of 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 [16.36.9.14]
16.36.9.13 NMAC. [to
the board staff for approval; curriculum] The 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;
(6) proof
of disqualifying criminal conviction 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 log shall be sent to the board administrator 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 log and
statement to the apprentice.] proof of completed training.
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; to the board staff for approval;] a curriculum as
required in 16.36.9.13 NMAC. The
curriculum shall include references and resources to be used and methods of
evaluation for each area covered;
(b) name
of establishment and address where apprenticeship will be conducted,
establishment license must be active upon receipt of application; and
(c) proof
of disqualifying criminal conviction as defined in 16.36.4.9 NMAC.
G. Sponsors adding
another area of practice to their license to train apprentices can take
practical training hours from a certified training program equivalent to the
training required by New Mexico. Proof
of practical training from a certified training program and a copy of the
curriculum must be submitted with the application no later than August 30,
2022.
[16.36.9.9 NMAC – N,
1/11/2022; A, 7/12/2022]
16.36.9.10 APPLICATION FOR 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) applicant
name;
(c) date
of birth;
(d) [proof
of age indicating applicant is] applicant must be at least 18 years
of age [(government-issued identification with a photo)];
(e) establishment
mailing address;
(f) current
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 16.36.9.13 NMAC;
[(i) proof of current immunizations as
defined in 16.36.9.11 NMAC;
(j)] (i) proof of disqualifying criminal conviction as defined in
16.36.4.9 NMAC;
[(k)] (j) proof of
completion permanent cosmetics training program and examination as defined in [16.36.9.14
NMAC] 16.36.9.12 NMAC and 16.36.9.13 NMAC;
[(l)] (k) a recent passport
size, color photograph; and
[(m)] (l) non-refundable
application fee as required by the board.
[B. Photographs: applicant for permanent cosmetic practitioner
must submit a minimum of 10 photographs with at least two from the following
areas:
(1) eyebrow
simulation;
(2) lip
liner;
(3) lip
color; and
(4) eyeliner/eyelash
enhancer of eyes.
C] 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. A licensee
applying for an additional area of practice must submit the following requirements;
(1) completed
and signed application;
(2) duplicate
license fee as defined in 16.36.6.8 NMAC;
(3) proof
of completing the permanent cosmetics practical training program for the area
of practice as defined in 16.36.9.13 NMAC.
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 16.36.9.13 NMAC; and
[(d) proof] of current immunizations as defined in
16.36.9.11 NMAC; and
[(e)] (d) proof of disqualifying
criminal conviction as defined in 16.36.4.9 NMAC.
[16.36.9.10 NMAC -
N, 1/11/2022; A, 7/12/2022]
16.36.9.11 [PROOF OF CURRENT IMMUNIZATIONS: Proof shall be provided upon request of the
board or board representative that apprentice, practitioner, and permanent
cosmetic practitioner license 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.] [RESERVED]
[16.36.9.11 NMAC –
N, 1/11/2022; Repealed, 7/12/2022]
16.36.9.12 PROOF OF COMPLETION OF [TRAINING
PROGRAM] SAFTEY AND
SANITATION: 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
permanent cosmetic practitioner 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 permanent cosmetics apprenticeship shall file an apprentice agreement
notarized by all parties that applicant shall complete the board required
training requirements.]
[16.36.9.12 NMAC -
N, 1/11/2022; A, 7/12/2022]
16.36.9.13 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.] 100
hour theory training program, and practical training under direct
supervision with a board approved sponsor as defined in 16.36.1.7 NMAC. Curriculum must be submitted on the form
provided by the board. An approved
basic fundamental curriculum shall include the following minimum
requirements:
B. [A minimum of
five of each of the following procedures:
60 hours] Practical hours must be completed for each area of
practice:
(1) [eye brow simulation; microblading, hairstrokes,
shading;] eyebrow technique, 20 hours;
(2) [lip
liner;] eyeliner technique, 20 hours;
(3) [lip
color; and] lip technique, 20 hours;
(4) [eye
liner/eyelash enhancement.] beauty mark technique, 10 hours;
(5) tattoo
lightening, 10 hours;
(6) scalp
micropigmentation, 20 hours;
(7) scar
camouflage, 40 hours.
C. [Client
records shall be maintained by the practitioner applicant to verify that the
minimum requirements for the procedures were completed.] Direct
supervision for practical training in permanent cosmetics techniques must
include:
(1) shading;
(2) lining;
(3) pointillism.
D. [The
practitioner applicant shall submit 10 before and after photographs whereby the
practitioner has personally performed one complete procedure for each of the
following areas:] Client records shall be maintained by the practitioner
applicant to verify that the minimum requirements for the procedures were
completed.
[(1) eye brow simulation;
(2) lip
liner;
(3) lip
color; and
(4) eye
liner/eyelash enhancement.]
E. Introduction to
permanent cosmetics: [10] 5
hours
(1) History
of tattooing as it applies to permanent [makeup] cosmetics.
(2) Overview
of the different types of machines and devices.
(3) State
laws and regulations for permanent cosmetics practitioners.
F. Professional
standards and client care: [20] 10
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] 5 hours
(1) Understanding
establishment requirements and rules.
(2) General
equipment.
(3) Table,
chair, work surface, [lightening] and lighting.
H. [Disinfection
and sterilization] Safety and Sanitation: [100] 30
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. Apprentice must have training certificates
outlined in 16.36.9.12 NMAC prior to entering a training program.
(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] 15 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.
(4) Surgically
modified skin and scar tissue.
(5) Compromised
skin from medical procedure, such as radiation and chemotherapy.
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 practitioner 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 practitioner 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.]
Out of state training must be taken
from a board approved training program that is equivalent to the training
required in New Mexico. A curriculum
must be submitted to the board for approval prior to any training. An approved training program application must
include the following requirements;
(1) application
provided by the board;
(2) establishment
fee as defined in 16.36.6 NMAC;
(3) training
program name and contact information;
(4) sponsor
application and fee for each instructor;
(5) sponsors
must provide proof of practicing for a minimum of five years outlined in
16.36.9.9 NMAC and 16.36.9.15 NMAC.
(6) a
curriculum as required in Section 16.36.9.12 NMAC and 16.36.9.13 NMAC to the
board staff for approval;
(7) an
apprentice must apply for a New Mexico apprentice license and uphold
requirements within the state or other jurisdiction they receive the training;
(8) out
of state training programs approved by the board must comply with the renewal
requirements for establishments and sponsors.
[16.36.9.13 NMAC – N, 1/11/2022; A, 7/12/2022]
16.36.9.15 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, if
the applicant demonstrates to the satisfaction of the board that the
applicant’s training and experience is 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.
The applicant shall apply for licensure as a body artist on an official form
approved by the board obtained from the Department for that purpose, and shall
meet the following minimum requirements in addition to those set forth in
subsections A through C of this section 16.36.2.17 NMAC:
B. 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, if
the applicant demonstrates to the satisfaction of the board that the
applicant’s training and experience is 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.
The applicant shall apply for licensure as a body artist on an official form
approved by the board obtained from the Department for that purpose, and shall
meet the following minimum requirements in addition to those set forth in
subsections A through C of this section 16.36.2.17 NMAC:
(1) a certified copy of a current tattoo
or body artist license from the other state or jurisdiction or provided that
the board shall grant credit for training and experience obtained from any source;
(2) a
current copy of the rules and regulations pertaining to tattooing, body piercing,
scarification, and permanent cosmetics from the other state or jurisdiction;
(3) a letter of licensure verification
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.
(f) proof of disqualifying criminal convictions
as defined in 16.36.4.9 NMAC;
C. An
applicant seeking credit for training and experience obtained as a licensed
tattoo or 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 requirements of the Body Art Safe Practices Act
and the regulations promulgated by the board pursuant to the Act.
(1) If
the applicant’s training and experience is from a state or jurisdiction outside
New Mexico, the applicant shall demonstrate to the satisfaction of the board
that all of the following requirements are met:
(2) the applicant was authorized by law
to perform tattooing, body piercing, scarification, or permanent cosmetics
without limitation in the state or jurisdiction during the time period the
applicant obtained the training and experience;
(3) the
applicant has been a tattoo or body artist who has performed tattooing, body
piercing, scarification, and permanent cosmetics in that state or jurisdiction
immediately prior to applying for licensure as a body artist in New Mexico; and
(4) the applicant shall submit
to the board:
(a) three letters of recommendation from
a licensed tattoo or body artist in good standing in New Mexico or another
state or jurisdiction;
(b) twenty color photographs of completed
procedures by the applicant, demonstrating the applicant’s ability, knowledge,
and fitness to tattooing, body piercing, scarification, and permanent cosmetics
procedures effectively and in a safe and healthy environment;
(c) CPR, First Aid and blood borne
pathogen certificates issued to the applicant within six months immediately
preceding the application for licensure;
(d) affidavits from prior employers or supervisors;
(e) W-2 or 1099 forms; and
(f)
federal or state tax returns
verifying occupational status.
D. If the applicant’s training and
experience was not obtained as a licensed tattoo or body artist in a state or
jurisdiction outside New Mexico, or through an apprenticeship or training
program from a state or jurisdiction outside New Mexico, the applicant shall
demonstrate to the satisfaction of the board that all of
the following minimum requirements are met. For the board to approve an
apprenticeship or training program from a state or jurisdiction outside New
Mexico, the applicant must submit satisfactory evidence to the board or its
designee of the following:
(1) the apprenticeship or training
program was licensed or accredited for that purpose by a state agency;
(2) the applicant successfully completed
the apprenticeship or training program, as shown by an official transcript or
certificate of completion;
(3) during the applicant’s participation
in the apprenticeship or training program, the applicant’s sponsor or trainer
was licensed and in good standing as a tattoo or body artist in the state or
jurisdiction where the apprenticeship or training was completed;
(4) the applicant completed the
apprenticeship or training program under the direct supervision of the sponsor
or trainer in a state-approved program for tattoo or body artists;
(5) the apprenticeship or training
program covered the areas of theory and practical experience required under the
applicable provisions of the Body Art Safe Practices Act and the regulations
promulgated by the board pursuant to the Act;
(6) if the apprenticeship or training
program completed in another state or jurisdiction included hours allotted to
studying the laws and regulations of that state or jurisdiction, the board in
its sole discretion may count those hours toward the required number of hours
allotted to studying New Mexico laws and regulations; and
(7) the apprenticeship or training
program included the total number of hours of theory and practical experience
and the number of completed procedures required under the applicable provisions
of the Body Art Safe Practices Act and the regulations promulgated by the board
pursuant to the Act.]
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 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 16.36.6.13 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 16.36.9.12 NMAC;
(4) proof
of practice equivalent to the hours of training defined in 16.36.9.13 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 16.36.9.16 NMAC.
[16.36.9.15 NMAC - N, 1/11/2022; A, 7/12/2022]
16.36.9.16 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
[course work] training before proceeding with the application
process; and
(2) [the applicant to meet any other requirements
as may be prescribed by the board, including a practical exam or an
apprenticeship program.] an examination approved by the board outlined
in 16.36.9.13 NMAC.
[16.36.9.16 NMAC -
N, 1/11/2022; A, 7/12/2022]