TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 36 BODY ARTISTS AND OPERATORS
PART 9 LICENSURE REQUIREMENTS FOR PERMANENT
COSMETICS PRACTITIONER
16.36.9.1 ISSUING AGENCY: Board of Body Art
Practitioners.
[16.36.9.1 NMAC N,
1/11/2022]
16.36.9.2 SCOPE:
Any person licensed as a permanent cosmetics practitioner pursuant to
the Body Art Safe Practices Act.
[16.36.9.2 NMAC N,
1/11/2022]
16.36.9.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the
Body Art Safe Practices Act, Section 61-17B-5 NMSA 1978.
[16.36.9.3 NMAC N,
1/11/2022]
16.36.9.4 DURATION: Permanent
[16.36.9.4 NMAC N,
1/11/2022]
16.36.9.5 EFFECTIVE DATE: January 11, 2022, unless a later date is
cited at the end of a section.
[16.36.9.5 NMAC N,
1/11/2022]
16.36.9.6 OBJECTIVE: To outline the application process, training
and examination requirements and the renewal procedures for permanent cosmetics
practitioner licensure.
[16.36.9.6 NMAC N,
1/11/2022]
16.36.9.7 DEFINITIONS: [RESERVED]
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) applicant
must be at least 18 years of age;
(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 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 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 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 cosmetics practitioners license;
(3) documentation
of legally practicing as a permanent cosmetics practitioner for 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 16.36.9.13 NMAC. 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 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.
(4) Renewal
of apprentice license shall include the following information:
(a) 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) applicant
must be at least 18 years of age;
(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 disqualifying criminal
conviction as defined in 16.36.4.9 NMAC;
(j) proof
of completion permanent cosmetics training program and examination as defined
in 16.36.9.12 NMAC and 16.36.9.13 NMAC;
(k) a
recent passport size, color photograph; and
(l) non-refundable
application fee as required by the board.
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 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 [RESERVED]
[16.36.9.11 NMAC N,
1/11/2022; Repealed, 7/12/2022]
16.36.9.12 PROOF OF COMPLETION OF 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;
[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 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. Practical hours
must be completed for each area of practice:
(1) eyebrow
technique, 20 hours;
(2) eyeliner
technique, 20 hours;
(3) lip
technique, 20 hours;
(4) beauty
mark technique, 10 hours;
(5) tattoo
lightening, 10 hours;
(6) scalp
micropigmentation, 20 hours;
(7) scar
camouflage, 40 hours.
C. Direct
supervision for practical training in permanent cosmetics techniques must
include:
(1) shading;
(2) lining;
(3) pointillism.
D. Client records
shall be maintained by the practitioner applicant to verify that the minimum
requirements for the procedures were completed.
E. Introduction to
permanent cosmetics: 5 hours
(1) History
of tattooing as it applies to permanent 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: 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: 5
hours
(1) Understanding
establishment requirements and rules.
(2) General
equipment.
(3) Table,
chair, work surface, and lighting.
H. Safety and
Sanitation: 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: 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. 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]
16.36.9.14 EXPIRED LICENSE:
A. An applicant
whose license has been expired for one year but less
than two years shall submit an application, payment of all renewal fees to
bring the license current, proof of completion of blood borne pathogens
training within the prior 12 months, current CPR and first aid certification,
and take and pass a board approved jurisprudence examination with a minimum
score of seventy-five percent.
B. An applicant
whose license has expired for more than two years shall take the permanent
cosmetic written examination approved by the board with a passing minimum score
approved by the board. Applicant must
also take and pass a board approved jurisprudence examination with a minimum
passing score of seventy-five percent.
C. An operator
whose establishment license has expired shall submit a reinstatement
application, payment of reinstatement fee for each year the license has been
expired; and name of licensed operator.
D. A practitioner
whose license has been expired more than five years shall re-enter an approved
training program (apprenticeship), take 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.
[16.36.9.14 NMAC N,
1/11/2022]
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. 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 applicants 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 training before proceeding with the application process; and
(2) 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]
HISTORY OF 16.36.9 NMAC: