New
Mexico Register / Volume XXXVI, Issue 18 / September 23, 2025
NOTICE
OF PUBLIC RULE HEARING AND BOARD MEETING
The
New Mexico Board of Body Art Practitioners and the Regulations and Licensing
Department will hold a rule hearing on Monday, November 17, 2025, at 10:00
a.m., immediately followed by a meeting of the body art practitioners board for
adoption of the proposed rules listed below. The hearing and subsequent board
meeting will be held at the Regulation and Licensing Department, located at 5500
San Antonio Dr. NE., Albuquerque, New Mexico 87109.
The
meeting will also be held via Microsoft Teams for those desiring to attend
virtually.
Meeting
Link:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTgyNzFmYjgtMzcxYy00NDlhLWE2MTUtOTBiZDZjM2I5ZjMx%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%22f2bc0bd3-22ab-403d-bd06-7bb3d078e5e1%22%7d
Or
https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting
ID: 278 624 907 474 7
Passcode:
EP2da7yT
Dial
in by phone
+1
505-312-4308,998408005# United States, Albuquerque
Phone
conference ID: 998 408 005#
The
purpose of the rule hearing is to consider the initiation of rulemaking for the
following rules:
16.36.1
General Provisions
16.36.2
Licensure Requirements
16.36.3
Requirements for Establishments
16.36.4
Enforcement, Complaints and Disciplinary Action
16.36.5
Standards of Practice
16.36.6
Fees
16.36.7
Licensure Requirements for Special Events, Mobile Body Art and Guests
16.36.8
Expedited Licensure
16.36.9
Licensure Requirements for Permanent Cosmetics Practitioner
16.36.10
Licensure Requirements for Body Piercing-Scarification Practitioner
On
Friday, October 17, 2025, copies of the proposed rules may be obtained through
the New Mexico Board of Body Art Practitioners website at
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/body-art-practitioners/board-information/ba-board-meetings/
or by contacting the Board Administrator, Emma Quintana at nmbody.art@rld.nm.gov
or (505) 476-4622.
The New
Mexico Board of Body Art Practitioners and Regulation and Licensing Department
will begin accepting written public comment regarding the proposed rule changes
on Saturday, October 17, 2025, at 8:00 a.m. and ending Sunday, November 16,
2025, 8:00 a.m. Written comments may be submitted by email to
nmbody.art@rld.nm.gov or by postal mail to the following address:
New
Mexico Regulation and Licensing Department
Attn: New
Mexico Board of Body Art Practitioners
P.O. Box 25101
Santa Fe, NM 87504
*Public
comment will also be accepted during the rule hearing and may be presented
orally, or in writing. Individuals who would like to participate and offer
public comment must appear in person. Written Comments received during
the public comment period (October 17, 2025 November 16, 2025) will be posted
to the website page above. Public comments will also be accepted during the
rule hearing and may be submitted in writing or presented orally by those
attending in-person. The members of the New Mexico Board of Body Art
Practitioners will not enter substantive discussion of public comments during
the rule hearing but will consider and deliberate any public comment during the
regular board meeting immediately following the conclusion of the public rule
hearing.
The
agenda for the New Mexico Board of Body Art Practitioners regular meeting,
which will begin immediately after the public rule hearing, will be available
no less than 72 hours prior to the meeting, and available on the website page
above or by contacting the Board Administrator, Emma Quintana at
nmbody.art@rld.nm.gov or (505) 476-4622.
If you
are an individual with a disability who needs a reader, amplifier, qualified
sign language interpreter, or any other form of auxiliary aid or service to
attend or participate in the hearing or the regular board meeting, please
contact the Board Administrator Emma Quintana at nmbody.art@rld.nm.gov (505)
476-4622 at least 7 days prior to the rule hearing and regular board meeting.
Public documents, including the proposed rules, meeting agenda and minutes, can
be provided in various accessible formats.
For inclement weather:
If New Mexico state offices are placed on a two-hour delay due to inclement
weather, the rule hearing will be pushed back two hours from the noticed
hearing time. If New Mexico state offices are closed due to inclement weather,
the rule hearing will be rescheduled as soon as possible.
Statutory
Authority:
The rule changes are authorized by the Body Art Safe Practices Act (Act),
Section 61-17B-1 through 61-17B-18 NMSA 1978, which provides explicit authority
for the Board of Body Art Practitioner to protect public health and safety and
adopt rules for the administration Act. The rulemaking and public rule hearing
is governed by the State Rules Act, Sections 14-4-1 through 14-4-11 NMSA 1978,
and the Default Procedural Rule for Rulemaking promulgated by the New Mexico
Department of Justice, Parts 1.24.25.1
through 1.24.25.16 NMAC.
Purpose
of the Proposed Rules: The proposed rule changes are intended to
update and expand definitions; modernize the licensure process by requiring
online applications and removing outdated references to paper applications;
clarifying requirements for apprenticeships and sponsors, strengthening
continuing education requirements, enhancing health, sanitation, and safety
rules for establishments and practitioners; improving enforcement tools;. requiring establishments to maintain and post
inspection reports; and adding a $35.00 fee for returned checks, a $50.00 re- inspection
fee, and a $10.00 administrative electronic licensing fee per year. More
generally, the proposed rules are intended to provide greater clarity in
existing regulatory and statutory requirements, ensure continued high levels of
professionalism among licensees and certificate holders, and to generally
satisfy the Boards statutory obligation to promote, preserve and protect the
public health, safety and welfare.
Summary
of Proposed Changes:
16.36.1
NMAC General Provisions. Update changes and clarify definitions, add
documentation requirements.
16.36.2
NMAC Licensure Requirements. Update language to reflect that applications are on an online licensing system, update apprentice
and practitioner requirements including training, exams, and renewals, allow
sponsors to oversee two apprentices.
16.36.3
NMAC Requirements for Establishments. Set clearer facility standards.
16.36.4
NMAC Enforcement, Complaints and Disciplinary Action. Shorten complaint
response times, raise fines for violations, and allow immediate license
suspension for serious risk, while also explicitly stating that continuing education non-compliance is subject
to discipline.
16.36.5
NMAC Standards of Practice. Strengthen health and hygiene standards for practitioners, require stricter sterilization and waste
disposal practices with recordkeeping.
16.36.6
NMAC Fees. Addi three additional fees, one $35.00
fee for returned checks, second $50.00 fee for re-inspections, and the third
fee is a $10.00 administrative electronic licensing fee per year. Also
introduce the standard for auditing continuing education requirements for
license renewal.
16.36.7
NMAC Licensure Requirements for Special Events, Mobile Body Art and Guests. Move
mobile establishment to 16.36.3 NMAC to be in accordance with other
establishment requirements. Establish clearer rules for special event sponsors
and guest artists.
16.36.8
NMAC Expedited Licensure. Update and clarify language.
16.36.9
NMAC Licensure Requirements for Permanent Cosmetics Practitioner. Update language
to reflect that applications are on an online licensing system, update
apprentice and practitioner requirements including training, exams, and
renewals, allow sponsors to oversee two apprentices.
16.36.10
NMAC Licensure Requirements for Body Piercing-Scarification. Update language
to reflect that applications are on an
online licensing system, update apprentice and practitioner requirements
including training, exams, and renewals, allow sponsors to oversee two
apprentices.
*This language is contingent upon the Boards position as to
whether to accept public comment virtually, or in-person only.