New Mexico Register / Volume XXXIII, Issue 9 / May 3, 2022

 

 

NOTICE OF PUBLIC RULE HEARING AND REGULAR BOARD MEETING

 

The New Mexico Board of Body Art Practitioners will hold a rule hearing on Monday, June 6, 2022, at 10:00 a.m.  Following the rule hearing, the Board will convene a regular board meeting consider and adopt the rules and take care of regular business. The meeting will be held via Cisco Webex Meetings.

 

https://nmrld.webex.com/nmrld/onstage/g.php?MTID=ef036fa4cfbe2839bf3d27e25f1e871ed

 

To join the meeting by phone:  1-415-655-0002 United States Toll

 

Access Code:  2497 068 4153

 

The purpose of the rule hearing is to consider proposed changes to Title 16 Chapter 36 NMAC 1978:

Amendments to the rules below:

 

16.36.1 NMAC – General Provisions

16.36.2 NMAC – Licensure Requirements for Body Art Tattoo Practitioner

16.36.3 NMAC – Requirements for Establishments

16.36.5 NMAC – Standards of Practice

16.36.9 NMAC   – Licensure Requirements for Permanent Cosmetics Practitioner

16.36.10 NMAC – Licensure Requirements for Body Piercing-Scarification Practitioner

 

To obtain and review copies of the proposed changes and public comments, you may go to the Board’s website at:  https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/body-art-practitioners-overview/ba-board-information/ba-board-meetings/ or contact the Boards and Commissions Division at (505) 476-4622.

 

The Board is currently accepting public written comments on the proposed amendments.  Please submit written comments on the proposed changes to Jennie James, Board Administrator, via electronic mail at:  NMBody.Art@state.nm.us, or by regular mail at P.O. Box 25101, Santa Fe, NM 87504, no later than Friday, June 3, 2022.  Written comments received prior to the rule hearing will be posted to the RLD website at:  https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/body-art-practitioners-overview/ba-rules-and-laws/.  Persons will also be given the opportunity to present their written or oral comments at the public rule hearing.

 

The agenda for the board meeting will be posted and available at least 72 hours before the meeting on the Board website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/body-art-practitioners-overview/ba-board-information/ba-board-meetings/.  Copies of the rules or the agenda may also be obtained by contacting Jennie James, Board Administrator at (505) 476-4622.

 

An individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the hearing, please contact Jennie James, Board Administrator (505) 476-4622.

 

Statutory Authority: The Body Art Safe Practice Act, Sections 61-17B-1 thru 61-17B-18 NMSA 1978 among other provisions, specifically authorizes the Board to “adopt and file rules necessary to carry out the provisions of the Body Art Safe Practice Act”.

 

Purpose of the Proposed Rules:

The Board is engaged in this rulemaking activity to amend, or repeal and replace, existing rule language in certain parts of the current Body Artists and Operators rules to comply with the Executive Order 2021-060, Eliminating and Reducing Unnecessary Regulatory Burdens and Costs.  Additional amendments were made to clarify the requirements for training and licensure.

 

16.36.1 NMAC – General Provisions

The amendment to this part is to define permanent cosmetics practitioner.

 

16.36.2 NMAC – Licensure Requirements for Body Art Tattoo Practitioners

The amendment to this part is to comply with Executive Order 2021-060, Eliminating and Reducing Unnecessary Regulatory Burdens and Costs.

 

16.36.3 NMAC – Requirements for Establishments

The amendment to this part is to update the basic safety and sanitation requirements.

 

16.36.5 NMAC – Standards of Practice

The amendment to this part is to add jewelry requirements for a newly pierced area based on the Association of Professional Piercers jewelry material requirements.

 

16.36.9 NMAC – Licensure Requirements for Permanent Cosmetics Practitioner

The amendment to this part is to comply with Executive Order 2021-060, Eliminating and Reducing Unnecessary Regulatory Burdens and Costs. Additional amendments were made to clarify the requirements for training and licensure.

 

16.36.10 NMAC – Licensure Requirements for Body Piercing-Scarification Practitioner

The amendment to this part is to comply with Executive Order 2021-060, Eliminating and Reducing Unnecessary Regulatory Burdens and Costs. Additional amendments were made to clarify the requirements for training and licensure.