TITLE 16 ††††††††††††† OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 36†††††† BODY ARTISTS AND OPERATORS

PART 1 ††††††††††††††† GENERAL PROVISIONS

 

16.36.1.1 ††††††††††††† ISSUING AGENCY: Regulation and Licensing Department, Board of Barbers and Cosmetologists

[16.36.1.1 NMAC - N, 05/16/2008]

 

16.36.1.2 ††††††††††††† SCOPE: Any person licensed to practice body art tattoo, piercing, scarification and all operators.

[16.36.1.2 NMAC - N, 05/16/2008]

 

16.36.1.3 ††††††††††††† STATUTORY AUTHORITY: These rules are promulgated pursuant to the Body Art Safe Practices Act, Section 61-17B-3, 61-17B-5, 61-17B-7 and 61-17B-13.

[16.36.1.3 NMAC - N, 05/16/2008]

 

16.36.1.4 ††††††††††††† DURATION: Permanent

[16.36.1.4 NMAC - N, 05/16/2008]

 

16.36.1.5 ††††††††††††† EFFECTIVE DATE: May 16, 2008 unless a later date is cited in the history note at the end of a section.

[16.36.1.5 NMAC - N, 05/16/2008]

 

16.36.1.6 ††††††††††††† OBJECTIVE: To define terms relevant to body art, custody and alteration of licenses, license posted, exemptions and municipalities

[16.36.1.6 NMAC - N, 05/16/2008]

 

16.36.1.7 ††††††††††††† DEFINITIONS: As used in these regulations, the following words and phrases have the following meanings, unless the context or intent clearly indicates a different meaning.

††††††††††††††† A.††††††††††† "Aftercare" means written instructions given to the client, specific to the body piercing or tattooing procedure(s) rendered, on caring for the body piercing or tattoo and surrounding area.

††††††††††††††† B.††††††††††† "Antiseptic" means an agent that destroys disease-causing microorganisms on human skin or mucosa.

††††††††††††††† C.††††††††††† "Autoclave" means a piece of medical equipment that employs the steam under pressure method of sterilization.

††††††††††††††† D.††††††††††† "Board" means the board of barbers and cosmetologists.

††††††††††††††† E.†††††††††††† "Body art" means tattooing, body piercing or scarification but does not include practices that are considered medical procedures by the New Mexico medical board.

††††††††††††††† F.†††††††††††† "Body art establishment" means a fixed or mobile place where body art is administered on the premises.

††††††††††††††† G.††††††††††† "Body artist" means a person who administers body piercing, tattooing or scarification.

††††††††††††††† H.††††††††††† "Body piercing" means to cut, stab or penetrate the skin to create a permanent hole or opening.

††††††††††††††† I.††††††††††††† "Equipment" means machinery used in connection with the operation of a body art establishment, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and other apparatuses and appurtenances.

††††††††††††††† J.†††††††††††† "Instruments used for body art" means hand pieces, needles, needle bars and other items that may come into contact with a person's body during the administration of body art.

††††††††††††††† K.††††††††††† "Operator" means the owner in charge of a body art establishment.

††††††††††††††† L.†††††††††††† "Scarification" means cutting into the skin with a sharp instrument or branding the skin with a heated instrument to produce a permanent mark or design on the skin.

††††††††††††††† M.†††††††††† "Sharps" means any sterilized object that is used for the purpose of penetrating the skin or mucosa, including needles, scalpel blades and razor blades.

††††††††††††††† N.††††††††††† "Single use" means products or items that are intended for one-time, one-person use and are disposed of after use on each client, including cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups and protective gloves.

††††††††††††††† O.††††††††††† "Sterilization" means destruction of all forms of microbiotic life, including spores.

††††††††††††††† P.†††††††††††† "Tattooing" means the practice of depositing pigment, which is either permanent, semipermanent or temporary, into the epidermis using needles by someone other than a state-licensed physician or a person under the supervision of a state-licensed physician and includes permanent cosmetics, dermography, micropigmentation, permanent color technology and micropigment implantation.

[16.36.1.7 NMAC - N, 05/16/2008]

 

16.36.1.8 ††††††††††††† CUSTODY AND ALTERATION OF LICENSES

††††††††††††††† A.††††††††††† Licenses issued by the board are at all times the property of the board, and may remain in the custody of the licensee only as long as the licensee complies with the act and board rules.

††††††††††††††† B.††††††††††† Licenses shall not be altered in any way.

††††††††††††††† C.††††††††††† Inspectors or board designees may retrieve any license which is suspended, revoked, expired, or left by a licensee who is no longer employed at an establishment.

††††††††††††††† D.††††††††††† A current body art apprenticeship, practitioner or operator license is not transferable from one person to another.

[16.36.1.8 NMAC - N, 05/16/2008]

 

16.36.1.9 ††††††††††††† LICENSES POSTED

††††††††††††††† A.††††††††††† All licenses, except identification licenses, issued by the board shall be posted where clearly visible to the public at all times.

††††††††††††††† B.††††††††††† Licensees must attach a recent passport size colored photograph to the board issued license and sign the license where indicated.

††††††††††††††† C.††††††††††† All licensees, who have been placed on probation, will be issued a license, which states the licensee is on disciplinary probation.The license shall be posted where clearly visible to the public at all times.

††††††††††††††† D.††††††††††† Licensees must present a driverís license or other identification when requested by the public, the board or its authorized representative.

[16.36.1.9 NMAC - N, 05/16/2008]

 

16.36.1.10 ††††††††††† EXEMPTIONS

††††††††††††††† A.††††††††††† A person who pierces only the outer perimeter of the ear, not including any cartilage, using a pre-sterilized encapsulated single use stud ear piercing system, implementing appropriate procedures, is exempt from the requirements of the Body Art Safe Practices Act [61-17B-1 NMSA 1978].

††††††††††††††† B.††††††††††† A member of a federally recognized tribe, band, nation or pueblo who performs scarification rituals for religious purposes is exempt from the requirements of the Body Art Safe Practices Act.

††††††††††††††† C.††††††††††† Operators and body artists engaged in the body art business before the effective date of the Body Art Safe Practices Act shall have one hundred eighty days from May 16, 2008 to comply with license requirements.

[16.36.1.10 NMAC - N, 05/16/2008]

 

16.36.1.11 ††††††††††† MUNICIPALITIES:The Body Art Safe Practices Act [61-17B-1 NMSA 1978] provides minimum standards for safe body art practices. A municipality may by ordinance provide more stringent standards.

[16.36.1.11 NMAC - N, 05/16/2008]

 

HISTORY OF 16.36.1 NMAC:[RESERVED]