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. Electronic
application:
(1) Application
for any license to be issued or renewed by the board shall be made online. 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 application;
(c) applicant
name;
(d) social
security number
(e) must
be at least 18 years of age;
(f) current email address
(g) current phone number;
(h) name, address, and license 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
Bloodborne Pathogens training certification, 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. Photograph: An
applicant for original licensure shall upload a recent passport size, color
photograph, front-view of face.
C. 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 at all times of their 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 license number where apprenticeship will be conducted,
establishment license must be current upon receipt of application.
(c) copy
of current CPR, First Aid and Bloodborne Pathogens certification, 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; A, 12/23/2025]
16.36.10.9 SPONSOR LICENSE APPLICATION FOR BODY PIERCING-SCARIFICATION:
A. A licensee may
be approved to sponsor two body piercing-scarification apprentices at a time. A
sponsor must be licensed in the areas they will be training. 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 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 as required in 16.36.10.13; The curriculum shall
include references and resources to be used and methods of evaluation for each
area covered;
(5) all curricula will be submitted to
the application committee for consideration and approval.
(6) name,
address, and license number of licensed establishment where apprenticeship will
be conducted. Establishment license must
be active upon receipt of application; and
(7) proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
B. Photograph: An
applicant for sponsor licensure shall upload 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
the training program.
D. Upon completion
of the apprenticeship program, apprentice shall submit the apprentice log when
applying for initial licensure. The log shall include a sworn statement made
under penalty of perjury, from the sponsor and the apprentice stating the
apprenticeship has been completed. The
sponsor and apprentice will be responsible for maintaining and completing the
apprentice log and giving a copy of the log and statement to the apprentice.
E. The sponsor is responsible for assisting the
apprentice(s) in the completion of the applications and examinations.
F. The apprentice will then receive notification from the
board stating the apprentice is eligible to take the
national theory exam.
G. Renewal of body piercing-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 body piercing-scarification apprentice license shall include the following
information:
(a) name
of apprentice;
(b) name
of establishment and license number where apprenticeship will be conducted,
establishment license must be active upon receipt of application; and
(c) proof of any disqualifying criminal
convictions as defined in 16.36.4.9 NMAC.
H. In the event the apprentice is no longer continuing the
apprenticeship under the sponsor;
(1) The sponsor must notify the board
within 10 days possible via email. The license will change from active to
withdrawn;
(2) The sponsor must turn in the log
where the apprentice left off;
(3) The sponsor must return the
apprentice license; and
(4) Apprentice must then re-apply;
[16.36.10.9 NMAC
N, 2/3/2022; A, 7/12/2022; A, 12/23/2025]
16.36.10.10 APPLICATION FOR BODY PIERCING-SCARIFICATION PRACTITIONER LICENSE:
A. Electronic application:
(1) Applications
shall be submitted online. All applications are valid for one year from date
received. All fees are non-refundable.
(2) Applications
for licensure must include:
(a) a
completed application;
(b) applicant
name;
(c) date
of birth;
(d) social
security number;
(e) must
be at least 18 years of age;
(f) current
email address;
(g) current
phone number;
(h) name,
address, and license number of licensed establishment where apprenticeship will
be conducted. Establishment license must
be active upon receipt of application;
(i) copy
of current CPR, First Aid and Bloodborne Pathogens training certification, as
defined within 16.36.10.13 NMAC;
(j) proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC;
(k) proof
of completion of body piercing scarification training program and examination
as defined in 16.36.10.14 NMAC;
(l) Photograph: An
applicant applying for original licensure shall upload a recent passport size,
color photograph; and
(m) 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 license number 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 Bloodborne Pathogens training certification, 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; A, 12/23/2025]
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
applying for a license as a body piercing scarification practitioner, or body
art operator. Such training must include:
A. A board approved Bloodborne
Pathogens training course that meets OSHA (Occupational Safety and Health
Administration) standards and CDC (Centers for Disease Control and Prevention)
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
sponsored;
(6) Red Cross; or
(7) board
approved
[16.36.10.12 NMAC
N, 2/3/2022; A, 7/12/2022; A, 12/23/2025]
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 five years shall
renew online, payment of all renewal fees and late fees to bring the license
current, proof of completion of
Bloodborne 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 five years shall re-apply and take the
body piercing-scarification written examination approved by the board with a
passing minimum score approved by the board.
An 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 for one year or more shall re-apply.
[16.36.10.14 NMAC
N, 2/3/2022; A, 12/23/2025]
16.36.10.15 [RESERVED]
[16.36.10.15 NMAC
N, 2/3/2022; Repealed, 12/23/2025]
16.36.10.16 [RESERVED]
[16.36.10.16 NMAC -
N, 2/3/2022; A, 7/12/2022; Repealed, 12/23/2025]
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: