TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 36 BODY ARTISTS AND OPERATORS
PART 7 LICENSURE REQUIREMENTS FOR SPECIAL EVENTS,
MOBILE BODY ART AND GUESTS
16.36.7.1 ISSUING AGENCY: Board of Body Art
Practitioners.
[16.36.7.1 NMAC – N,
2/3/2022]
16.36.7.2 SCOPE: Any person wanting to participate in a body
art related special event, mobile body art and guests.
[16.36.7.2 NMAC – N,
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16.36.7.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the
Body Art Safe Practices Act, Section 61-17B-5 NMSA 1978.
[16.36.7.3 NMAC – N,
2/3/2022]
16.36.7.4 DURATION: Permanent
[16.36.7.4 NMAC – N,
2/3/2022]
16.36.7.5 EFFECTIVE DATE: January 11, 2022, unless a later date is cited
at the end of a section.
[16.36.7.5 NMAC – N,
2/3/2022]
16.36.7.6 OBJECTIVE: To outline the application process, for body
art related special events, mobile body art, and guests.
[16.36.7.6 NMAC – N,
2/3/2022]
16.36.7.7 DEFINITIONS: [RESERVED]
16.36.7.8 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 staff. 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 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
artist practitioners 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 practitioner 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 practitioner 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 practitioner.
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 practitioner;
(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
16.36.7.9 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.
[16.36.7.8 NMAC – N,
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16.36.7.9 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 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.
[16.36.7.9 NMAC - N,
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HISTORY OF 16.36.7 NMAC: