TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 36 BODY ARTISTS AND OPERATORS
PART 10 LICENSURE REQUIREMENTS FOR BODY PIERCING-SCARIFICATION PRACTITIONER
16.36.10.1 ISSUING AGENCY: Board of
Body Art Practitioners.
[16.36.10.1 NMAC
N, 2/3/2022]
16.36.10.2 SCOPE: Any person licensed
to practice body piercing-scarification under the Body Art Safe Practices Act.
[16.36.10.2 NMAC
N, 2/3/2022]
16.36.10.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Body Art Safe Practices Act, Section
61-17B-5 NMSA 1978.
[16.36.10.3 NMAC
N, 2/3/2022]
16.36.10.4 DURATION: Permanent
[16.36.10.4 NMAC
N, 2/3/2022]
16.36.10.5 EFFECTIVE DATE: January 11,
2022, unless a later date is cited at the end of a section.
[16.36.10.5 NMAC
N, 2/3/2022]
16.36.10.6 OBJECTIVE: To outline the
application process, training and examination requirements and the renewal
procedures.
[16.36.10.6 NMAC
N, 2/3/2022]
16.36.10.7 DEFINITIONS: [RESERVED]
[16.36.10.7 NMAC
N, 2/3/2022]
16.36.10.8 APPRENTICE LICENSE APPLICATION
FOR BODY PIERCING-SCARIFICATION:
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) applicant
name;
(d) must
be at least 18 years of age;
(e) current
electronic mail address
(g) current
phone number;
(h) name,
address and phone number of licensed establishment
where apprenticeship will be conducted.
Establishment license must be current upon receipt of application.
(i) an apprentice sponsorship
application which must be completed and signed by a body art practitioner who meets the
requirements within 16.36.10.9 NMAC and is licensed in the kind of body art the
applicant is seeking an apprenticeship license;
(j) copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.10.13 NMAC; and
(k) proof
of any disqualifying criminal convictions 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 his or her 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 piercing-scarification 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 16.36.10.13 NMAC; and
(d) proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.10.8 NMAC
N, 2/3/2022; A, 7/12/2022]
16.36.10.9 SPONSOR LICENSE APPLICATION FOR BODY PIERCING-SCARIFICATION:
A. A licensee may
be approved to sponsor only one body piercing-scarification apprentice at a
time. 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 body piercing-scarification license;
(3) documentation
of legally practicing body piercing-scarification [in New Mexico] for at
least 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 16.36.10.13; curriculum
shall include references and resources to be used and methods of evaluation for
each area covered;
(5) name,
address and phone number of licensed establishment
where apprenticeship will be conducted.
Establishment license must be active upon receipt of application; and
(6) proof
of any disqualifying criminal convictions 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.
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
piercing and scarification 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 piercing and scarification 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; and
(b) name
of establishment and address where apprenticeship will be conducted,
establishment license must be active upon receipt of application.
(c) proof
of any disqualifying criminal convictions as
defined in 16.36.4.9 NMAC.
[16.36.10.9 NMAC
N, 2/3/2022; A, 7/12/2022]
16.36.10.10 APPLICATION FOR BODY PIERCING-SCARIFICATION 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 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 16.36.10.13 NMAC;
(i) proof of any disqualifying criminal
convictions as defined in 16.36.4.9 NMAC;
(j) proof
of completion of body piercing-scarification training program and examination
as defined in 16.36.10.14 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. 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 16.36.10.13 NMAC; and
(d) proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.10.10 NMAC
N, 2/3/2022; A, 7/12/2022]
16.36.10.11 [RESERVED]
[16.36.9.11 NMAC
N, 1/11/2022; Repealed, 7/12/2022]
16.36.10.12 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 body piercing
scarification 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
[16.36.10.12 NMAC
N, 2/3/2022; A, 7/12/2022]
16.36.10.13 BODY PIERCING - SCARIFICATION APPRENTICESHIP TRAINING AND EXAMINATION
REQUIREMENTS
A. Upon successful
completion of apprenticeship program, an applicant for original
piercing-scarification practitioner license shall provide proof of having completed
an apprenticeship program. The 100 hours of theory can be taught in a group training but the 1100 hours of practical training shall be
done under the direct supervision of a board
approved sponsor.
B. Proof of
completing an apprentice program shall be submitted on a log provided by the board;
C. Body piercing
apprenticeship curriculum: 1200 hours:
(1) Business
requirements 10 hours:
(a) state
laws and regulations;
(b) OSHA
regulations and requirements;
(i) bloodborne pathogens standards;
(ii) universal
precautions;
(iii) exposure
control plans;
(iv) hazard
communication and SDS sheets;
(v) waste
disposal;
(vi) recordkeeping;
(c) HIPPA
(Health Insurance Portability and Accountability Act of 1996 privacy rule);
(d) environment;
(i) reception and display;
(ii) procedure
room furniture, fixtures, and lighting;
(iii) sterilization/instrument
processing room(s);
(iv) restrooms;
(e) professional
ethics and legalities;
(i) personal boundaries;
(ii) bedside
manners;
(iii) medical
conditions/risk assessment;
(iv) business
documentation and recordkeeping;
(v) insurance/liability;
(vi) waivers;
(vii) minors;
(viii) drugs
and alcohol;
(ix) dealing
with emergencies.
(2) Scientific
Concepts 20 hours:
(a) Anatomy
and Physiology;
(i) parts and functions of skin and
underlying anatomy;
(ii) knowledge
and ability to avoid damage to underlying blood vessels and nerves;
(iii) knowledge
and recognition of disorders, anomalies, and diseases of the skin;
(iv) surgically
modified skin and scar tissue;
(v) skin
that is compromised due to medical procedures such as radiation and chemotherapy;
(vi) wound
healing and wound care;
(b) Safety,
Sanitation, and Infection Control:
(i) microbiology and pathology;
(ii) microorganisms
of the skin;
(iii) factors
that influence the survival and growth of microorganisms;
(iv) disease
transmission;
(v) hand
hygiene;
(vi) use
and limitation of gloves and other personal protective equipment;
(vii) how
to recognize, prevent and remedy cross-contamination;
(viii) infections
control;
(ix) sanitation
and cleaning;
(x) disinfection;
(xi) sterilization;
(xii) personal
immunizations;
(xiii) aseptic
technique;
(xiv) skin
prep and proper use of antiseptics;
(xv) proper
use of disinfectants;
(xvi) use
and maintenance of ultrasonic cleaners and instrument washers;
(xvii) use
and maintenance of different types of autoclaves.
(3) Body
piercing theory 70 hours:
(a) Client
consultation;
(i) determining the appropriateness of
the piercing;
(ii) communicating
risks;
(iii) medical
history as it pertains to piercing;
(iv) allergies.
(b) Tools,
supplies and equipment used for body piercing;
(i) disposable supplies: including
handling, storage, and disposal;
(ii) reusable
tools and equipment: including handling and storage;
(iii) types
of tools used for piercing procedures and jewelry manipulation;
(iv) piercing
guns (theory only).
(c) Needles;
(i) needle handling, storage, and disposal;
(ii) bevel
theory;
(iii) needle
modification.
(d) Jewelry;
(i) standards and certifications;
(ii) certified
materials for new piercings as outlined in 16.36.5 NMAC;
(iii) other
appropriate materials for new piercings;
(iv) jewelry
materials for healed piercings;
(v) jewelry
styles;
(vi) characteristics
of jewelry that is safe for initial piercings;
(vii) characteristics
of potentially problematic jewelry;
(viii) cleaning,
sterilization and storage of jewelry.
(e) Body
piercing theory should include the following for each procedure outlined in
16.36.10.13.3 (f) NMAC;
(i) related anatomy;
(ii) appropriate
placement;
(iii) jewelry
size and style;
(iv) tray
setup and break down;
(v) marking
implements and techniques;
(vi) piercing
and jewelry insertion techniques;
(vii) healing
and aftercare;
(viii) preventing
and troubleshooting problems;
(4) Body
piercing theory should cover the following procedures:
(a) Ear
piercings;
(i) earlobe;
(ii) ear
cartilage helix;
(iii) ear
cartilage flat/scapha;
(iv) ear
cartilage conch;
(v) ear
cartilage diath;
(vi) ear
cartilage rook;
(vii) ear
cartilage tragus;
(vii) ear
cartilage forward helix;
(ix) ear
cartilage orbital and industrial.
(b) Facial
piercings:
(i) nostril;
(ii) high
nostril;
(iii) septum;
(iv) eyebrow;
(v) nose
bridge.
(c) Oral
piercings:
(i) tongue;
(ii) lip
(including labret, philtrum, etc.);
(iii) oral
frenulum piercing;
(iv) vertical
lip;
(v) cheek.
(d) Torso
piercings:
(i) nipple;
(ii) navel;
(e) Genital
piercing:
(i) vulva piercings;
(ii) penis
piercings;
(f) surface
piercings;
(g) single
point piercings;
(h) the
process of stretching piercings.
(5) Body
piercing observation/practical 1100 hours:
(a) demonstrate
proper use of safety procedures outlined in theory training;
(b) aseptic
technique;
(c) room
set-up and break-down;
(d) skin
preparation;
(e) bedside
manner;
(f) piercing
techniques;
(g) dealing
with mistakes;
(h) body
piercing practitioner training shall include, at a minimum, 100 hours of
procedure observation. This should include no less than 100 piercing
procedures. Those 100 procedures should feature a variety of piercing locations
and techniques.
(i) body piercing practitioner
training shall include, at a minimum, 50 completed body piercing procedures
performed by the apprentice under sponsor supervision. The 50 completed
procedures shall consist of at least five completed procedures in each of the
following areas:
(i) earlobes;
(ii) ear
cartilage helix, scalpha. or conch;
(iii) inner
ear cartilage tragus, rook, or daith;
(iv) nostril;
(v) septum;
(vi) nipple;
(vii) navel;
(viii) tongue;
and
(ix) lip/labret.
An applicant for a body
art piercing-scarification practitioner license shall take the body
piercing-scarification examination 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.
[16.36.10.13 NMAC
N, 2/3/2022; A, 7/12/2022]
16.36.10.14 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 body
piercing-scarification 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 the body piercing-scarification 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.
[16.36.10.14 NMAC
N, 2/3/2022]
16.36.10.15 CROSSOVER HOURS: Individuals
who are licensed in one discipline may transfer 100 hours of orientation toward
their apprenticeship in another discipline, if they have at least one year of
full time, verified work experience in a licensed establishment and complete
the remaining required hours for licensure.
[16.36.10.15 NMAC
N, 2/3/2022]
16.36.10.16 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 16.36.10.12 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 16.36.10.12 NMAC;
(4) proof of practice equivalent to the hours of training defined in 16.36.10.13 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 16.36.10.17 NMAC.
[16.36.10.16 NMAC - N, 2/3/2022; A, 7/12/2022]
16.36.10.17 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 16.36.10.13 NMAC.
[16.36.10.17 NMAC - N, 2/3/2022; A, 7/12/2022]
HISTORY OF 16.36.10 NMAC: