New Mexico Register / Volume XXXVI,
Issue 24 / December 23, 2025
This is an
amendment to 16.36.8 NMAC, Sections 2, 7, 11, 12 & 14 effective 12/23/2025.
16.36.8.2 SCOPE: [This] The provisions
of Part 8 of Chapter 36 apply to all applications for expedited
licensure under the Body Art Safe Practice Act, Sections 61-17B-1 to -18 NMSA
1978, and the Board rules promulgated pursuant to the Act.
[16.36.8.2 NMAC –
Rp, 16.36.8.2 NMAC 12/27/2022; A, 12/23/2025]
[16.36.2.7] 16.36.8.7 DEFINITIONS:
A. “Eligible
Licensing Jurisdiction” means:
(1) any state or territory of the United States and the District of Columbia,
except those jurisdictions included in the list of disapproved licensing
jurisdictions under section 16.36.8.8 of this part; and
(2) any foreign country included in the list of approved licensing
jurisdictions under sections 16.6.8.9 of this part.
B. “Expedited
License” means a provisional license that confers the same
rights, privileges and responsibilities as a regular license issued by the
board.
C. “Good
Standing” means an occupational or professional license is
active and not expired suspended, revoked, surrendered, conditioned, or
otherwise in a status that in any manner restricts the activity of a license or
registrant under the authority of the license.
D. “License”
has the same meaning as defined in Subsection E of
Section 61-1-2 NMSA 1978.
E. “Jurisdiction”
has the same meaning as defined in Subsection F of
Section 61-1-34 NMSA 1978.
F. “Licensing
fee” has the same meaning as defined in Paragraph
(2) of Subsection E of Section 61-1-34 NMSA 1978.
G. “Military
service member” has the same meaning as defined in Paragraph (2) of
Subsection E of Section 61-1-34 NMSA 1978.
H. Military
orders” means official military orders, including orders
from separation or retirement, or any notification, certification, or
verification from the service member’s commanding officer, with respect to the
service member’s current or future military duty status.
I. “Qualified
applicant” means a person who has applied for an occupational
or professional license who:
(1) holds a current license in good standing issued in an eligible licensing
jurisdiction as defined in subsection A of this section, including a branch of
the armed forces of the United States:
(2) does not have a
disqualified criminal conviction listed in the Board’s rules as published in
the New Mexico Administrative Code; and
(3) is not the subject of a pending
disciplinary action in the State of New Mexico.
J. “Regular License” has the same meaning as defined in
Subsection G of Section 61-1-2 NMSA 1978.
K. “Veteran” has the same meaning as defined in
Paragraph (3) of Subsection E of Section 61-1-34 NMSA 1978.
[16.36.8.7 NMAC –
Rp, 16.36.8.7 NMAC 12/27/2022; A, 12/23/2025]
16.36.8.11 EXPEDITED LICENSURE APPLICATION:
A. An applicant for expedited licensure under Section 61-1-31.1
NMSA 1978 shall submit the to the board a complete online application
containing all the following:
(1) completed [and signed
application form] application;
(2) proof of current licensure in an
eligible jurisdiction;
(3) certificate of good standing for
the license held by the applicant in the eligible jurisdiction;
(4) current [bloodborne pathogens]
Bloodborne Pathogens certification;
(5) current CPR/First Aid
certification; and
(6) payment of the required
application fee.
B. An expedited license application shall not be deemed
complete until the applicant has submitted, and the board is in receipt
of all the materials required by subsection A, including documentation from
third parties. All out-of-state applications shall be submitted to the
application committee for consideration and approval.
C. Upon receipt of a complete application the board
staff shall process the application and issue an expedited license to a
qualified applicant within 30 days.
D. If the applicant has a disqualifying criminal
conviction or the board may have other cause to deny the application pursuant
to Sections 16.36.4.8 NMAC:
(1) the matter of the applicant’s
application shall be submitted to the board for consideration and action at [it’s]
its next available meeting;
(2) the license may not be issued
within 30 days of submission of the complete application;
(3) the board may vote to
grant the application or refer the matter to its administrative prosecutor for
denial of the application as provided by the board’s rules.
[16.36.8.11 NMAC –
Rp, 16.36.8.11 NMAC 12/27/2022; A, 12/23/2025]
16.36.8.12 EXPEDITED LICENSURE APPLICATION
FOR MILITARY SERVICE MEMBERS AND VETERANS.
A. An applicant for expedited licensure under Section
61-1-34 NMSA 1978 shall submit to the board a complete online
application containing the following:
(1) a completed [and signed
application form] application;
(2) proof of current licensure from
another jurisdiction;
(3) certificate of good standing for
the license held by the applicant in another jurisdiction. Including a branch
of the United States armed forces;
(4) current [bloodborne pathogens]
Bloodborne Pathogens certification;
(5) current CPR/First Aid certification;
and
(6) Submission of the following
documentation:
(a) for a military service member, a
copy of the service member’s military orders;
(b) for a spouse of a military service
member, a copy of the service member’s military orders and a copy of the
parties’ marriage license;
(c) for a spouse of a deceased
military service member, a copy of the decedent’s DD Form 214 and a copy of
marriage license;
(d) For dependent children of
military service members: a copy of military service members orders listing
dependent child, or a copy of military orders and one of the following: a copy
of birth certificate, military service federal tax return or other governmental
or judicial documentation establishing dependency;
(e) for veterans, retired or
separated, proof of honorable discharge, a copy of DD From 214, DD Form 215, DD
From 265, DD Form 257, NGB Form 22, military ID card, a state-issued driver’s
license or identification card with veteran’s designation, a veteran ID card
(VIC) issued by the U.S Department of Veteran’s Affairs, or other documentation
verifying the veteran’s honorable discharge from military service.
B. An expedited license application shall not be deemed
complete until the applicant has submitted and the board staff is in receipt
of, including documentation from third parties, as required by subsection A of
this section. All out-of-state applications shall be submitted to the
application committee for consideration and approval.
C. Upon receipt of a complete application the board’s staff
shall process the application and issue an expedited license to a qualified
applicant within 30 days.
D. If the applicant
has a potentially disqualified criminal conviction or the board may have other
cause to deny the application pursuant to Section 61.5A-21 NMSA 1978:
(1) the matter of the applicant’s
application shall be submitted to the board for consideration and action at [it’s]
its next available regular meeting;
(2) the license may not be issued
within 30 days of submission of the complete application; and
(3) the board may vote to grant the
application or refer the matter to its administrative prosecutor for denial of
the application as provided by the board’s rules.
E. A military
service member or veteran who is issued an expedited license shall not be
charged a licensing fee for the first three years of licensure with the board.
[16.36.8.12 NMAC –
Rp, 16.36.8.12 NMAC 12/27/2022; A, 12/23/2025]
16.36.8.14 CREDIT GRANTED FOR SUBSTANTIALLY
EQUIVALENT 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 application;
(2) non-refundable application fee;
(3) copy of current CPR, First Aid and
Bloodborne Pathogens training certification, as defined within 16.36.6.13 NMAC;
(4) verifications of licensure emailed 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
(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 application;
(2) non-refundable application fee;
(3) copy of current CPR, First Aid and
Bloodborne Pathogens training certification, as defined within 16.36.9.12 NMAC;
(4) two years of proof of practice
equivalent to the hours of training defined in 16.36.9.13 NMAC
(a) W-2 or 1099 forms; or
federal or state
tax returns verifying occupational status of the two of the past five years.
(b) copy of the establishment license and
letter from establishment owner stating years of experience with no discipline
within those years.
(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.
[16.36.8.14 NMAC –
N, 12/23/2025]