New Mexico Register / Volume XXXVI,
Issue 24 / December 23, 2025
This is an
amendment to 16.36.2 NMAC, Sections 8, 9, 10, 13, 15, 19, 20 & 22 effective
12/23/2025.
16.36.2.8 APPRENTICE LICENSE
APPLICATION FOR BODY ART TATTOO:
A. [Application
forms] Electronic application:
(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]
online. Designated deadlines will
apply to resubmitted applications. All
applications are valid for one year from the 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] social
security number;
(e) [current
electronic mail address;] must be at least 18 years of age;
(f) [current
phone number;] current email address;
(g) [name,
address and phone number of licensed establishment where apprenticeship will be
conducted, Establishment license must be current upon receipt of application.]
current phone number;
(h) [an
apprentice sponsorship application which must be completed and signed by body
art practitioner who meets the requirements within 16.36.2.9 NMAC and is
licensed in the kind of body art the applicant is seeking an apprenticeship
license;] name, address, and license number of licensed establishment
where apprenticeship will be conducted.
Establishment license must be current upon receipt of application.
(i) [copy of current CPR, first aid
and blood borne pathogen training certificates, as defined within 16.36.2.13
NMAC; and] an apprentice sponsorship application which must be completed
and signed by a body art practitioner
who meets the requirements within 16.36.2.9 NMAC and is licensed in the kind of
body art the applicant is seeking an apprenticeship license;
(j) [proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC.] copy
of current CPR, First Aid and Bloodborne Pathogens training certification, as
defined within 16.36.2.13 NMAC; and
(k) proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
B. [Photographs]
Photograph: [Applicants] Applicant
for original licensure shall [attach] upload a recent passport
size, color photograph, front-view of face.
C. [Prior to
licensure the] 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 artist] tattoo apprentice 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] license number where apprenticeship
will be conducted establishment license must be current upon receipt of
application.
(c) A
copy of current CPR, [first aid and blood borne pathogen training
certificates] First Aid and Bloodborne Pathogens training certification,
as defined within 16.36.2.13 NMAC;
(d) proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.2.8 NMAC -
Rp, 16.36.2.8 NMAC, 6/21/2018, A, 2/3/2022; A, 7/12/2022; A, 12/23/2025]
16.36.2.9 SPONSOR LICENSE APPLICATION FOR BODY ART
TATTOO:
A. A licensee may
be approved to sponsor [only one] two body art tattoo [apprentice]
apprentices at a time. [Incomplete
applications will be returned.] A sponsor must be licensed in the areas
they will be training. All
applications are valid for one year from date received. A complete online application
includes:
(1) non-refundable
application fee;
(2) a
current New Mexico body art tattoo, license;
(3) documentation
of legally practicing body art tattooing for [at least] 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 [requirements] as required in 16.36.2.15
NMAC; 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;] all curricula will
be submitted to the application committee for consideration and approval;
(6) [proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC;] 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. [Photographs]
Photograph: [Applicants] An
applicant for sponsor licensure shall [attach] 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, the [sponsor and] apprentice shall submit
the apprentice log [to the board administrator.] when applying for
initial licensure. The signed log
shall [be sent to the board 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 and apprentice will be responsible for maintaining
and completing the apprentice log and [give] giving a copy of
the signed 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.]
The sponsor is responsible for assisting the apprentice(s) in completion of
the applications and examinations.
F. [Renewal of
body art apprentice 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
artist tattoo 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;
(b) name of establishment and address 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;] The apprentice will
then receive notification from the board stating the apprentice is eligible to
take the national theory exam.
G. Renewal of body
art tattoo apprentice 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 artist tattoo 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;
(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 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;
[16.36.2.9 NMAC -
Rp, 16.36.2.9 NMAC, 6/21/2018, A, 2/3/2022; A, 7/12/2022; A, 12/23/2025]
16.36.2.10 APPLICATION FOR BODY ART TATTOO
PRACTITIONER LICENSE:
A. [Application forms] Electronic application:
(1) Applications
shall be [made on the official form provided by the board. Incomplete applications will be returned.]
submitted online. All applications are valid for one year from the
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) [must be at least 18 years of age;]
social security number;
(e) [establishment
mailing address;] must be at least 18 years of age;
(f) [phone
number;] current email address;
(g) [name,
address and phone number of licensed establishment where services will be
performed. Establishment license must be current upon receipt of application;]
current phone number;
(h) [copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.2.13 NMAC;] name, address and license number of
licensed establishment where services will be performed. Establishment license must be current upon
receipt of application;
(i) [proof of any disqualifying
criminal convictions as defined in 16.36.4.9 NMAC;] copy of current CPR,
First Aid and Bloodborne Pathogens training certification, as defined within
16.36.2.13 NMAC;
(j) [proof of completion of tattoo training
program and examinations as defined in 16.36.2.14 NMAC;] proof of
any disqualifying criminal convictions as defined in 16.36.4.9 NMAC;
(k) [a
recent passport size, color photograph; and] proof of completion of
tattoo training program and examination as defined in 16.36.2.14 NMAC.
(l) [non-
refundable application fee as required by the board.] Photograph: An applicant 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 [address of establishment] 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 blood borne pathogen training certificates]
First Aid and Bloodborne Pathogens training certification, as defined
within 16.36.2.13 NMAC;
(d) proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
[16.36.2.10 NMAC -
Rp, 16.36.2.10 NMAC, 6/21/2018; A, 2/3/2022; A, 7/12/2022; A, 12/23/2025]
16.36.2.13 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] applying for a license as
a [body artist apprentice, body artist practitioner] body art tattoo
practitioner [such] Such training must include:
A. a board approved [blood borne
pathogens training course] Bloodborne Pathogens training course that
meets OSHA [(occupational safety and health administration)] (Occupational
Safety and Health Administration) standards and CDC [(center for disease
control)] (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] 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] Red Cross; or
(7) board
approved;
[16.36.2.13 NMAC -
Rp, 16.36.2.13 NMAC, 6/21/2018, A, 2/3/2022; A, 7/12/2022 A, 12/23/2025]
16.36.2.15 BODY
ART TATTOO APPRENTICESHIP
TRAINING AND EXAMINATION REQUIREMENTS:
A. Upon successful
completion of apprenticeship program, an applicant for original tattoo
practitioner license shall provide proof, acceptable to the board or its
designee, that applicant has completed an apprenticeship program under the
direct supervision of a licensed practitioner with instruction and experience
in the kind of body art for which the applicant seeks a body art practitioner
license.
B. Proof of
completing an apprentice program shall be submitted on a log provided by the
board;
C. Tattoo
apprenticeship curriculum; 1400 hours
(1) Orientation
- 100 hours:
(a) state
laws and regulations;
(b) tax
and business license requirements;
(c) OSHA
[blood borne pathogens standard;] bloodborne pathogens standards;
(d) the
establishment’s exposure control plan;
(e) SDS
sheets;
(f) paperwork
and business documentation;
(g) HIPAA
(Health Insurance Portability and Accountability Act of 1996 privacy rule);
(h) environment/appropriate
studio set-up;
(i) professional image;
(j) appropriate
communication with clients;
(k) ethics
and legalities;
(i) minors;
(ii) drugs
and alcohol;
(iii) medical
conditions/risk assessment; and
(iv) personal
boundaries.
(1) Dealing
with emergencies:
(i) blood spills;
(ii) fainting;
(iii) bleeding;
(iv) needlesticks;
and
(v) other
exposures.
(2) Sterilization,
disinfection theory and practical - 100 hours:
(a) microbiology;
(b) definitions;
(c) microorganisms
of the skin;
(d) factors
that influence the survival and growth of microorganisms;
(e) breaking
the chain of infection;
(f) infection
control;
(g) handwashing;
(h) types
of soaps and hand sanitizers;
(i) use of gloves and other personal
protective equipment;
(j) how
to recognize, prevent and remedy cross-contamination;
(k) immunizations;
(l) cleaning,
disinfection and sterilization;
(m) sterile
chart;
(n) cleaning/appropriate
procedures;
(o) implement
pre-cleaning before sterilization/appropriate use of cleaning solutions and
ultrasonic cleaners;
(p) disinfection/appropriate
use and disposal of disinfecting solutions; and
(q) sterilization/appropriate
use and maintenance of autoclave sterilizers.
(3) Tattooing
observation/theory - 200 hours:
(a) artistic
development;
(b) drawing
for clients;
(c) stencil
making and application;
(d) color
theory/understanding the color wheel;
(e) line
quality and proportion;
(f) shading
and coloring technique;
(g) pigments
and color mixing;
(h) portfolio
construction and maintenance;
(i) anatomy;
(j) understanding
of skin;
(k) parts
and functions of skin;
(l) Surgically
modified skin and scar tissue.
(m) Compromised
skin from medical procedure, such as radiation and chemotherapy.
(n) determining
the appropriateness of a tattoo placement;
(o) equipment;
(p) disposable
supplies;
(q) needles;
(r) sharps
disposal;
(s) reusable
equipment;
(t) storage;
(u) tattoo
equipment maintenance;
(v) understanding
the electromagnetic tattoo machine and its history;
(w) liner/shader
set-up;
(x) quality
and conductivity of metals used in tattoo machines;
(y) spring
gauges and maintenance;
(z) the
difference between long stroke/short stroke technique;
(aa) tattoo machine schematics, electronics
and constructions;
(bb) tuning
and adjustment of machines;
(cc) understanding
current/voltage and reciprocation response;
(dd) needle-making
safety and construction; and
(ee) aftercare.
(4) Tattooing
observation/practical - 1000 hours:
(a) proper
use of safety procedures outlined in theory training;
(b) aseptic
technique;
(c) room
set-up and break-down;
(d) skin preparation;
(e) client
relations/relaxation techniques;
(f) pain
management;
(g) tattooing
techniques;
(h) line
quality and solid color techniques;
(i) pigment and implementation selection
and use;
(j) needle
depth and machine/hand speed coordination;
(k) dealing
with mistakes;
(l) bandaging
techniques; and
(m) in
order to be approved practical work must include a minimum of 50 completed
procedures, for the purposes of determining qualifications for licensure under
this rule. Completed procedure means a
tattoo which has been finished on a live human being, including any touchups or
additional work following initial healing and the client is released from
service.
D. An applicant for
a body art tattoo practitioner license shall take the tattoo 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.
E. Individuals who
have been approved to take the written examination will have 12 months from the
approval date to take the examination and get licensed through the board.
[16.36.2.15 NMAC -
N, 6/21/2018; A, 7/12/2022; A, 12/23/2025]
16.36.2.19 EXPIRED LICENSE:
A. An applicant
whose license has been expired for one year, but less than [two] five
years shall [submit an application] renew online, payment of all
renewal fees and late fees to bring the license current, proof of
completion of [blood borne pathogens] Bloodborne Pathogens training within the prior 12 months,
current CPR and [first aid] 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] five years shall re-apply
and take the tattoo [body piercing-scarification or permanent cosmetic]
written examination approved by the board with a passing minimum score approved
by the board. [Applicant] 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 [submit
a reinstatement application, payment of reinstatement fee for each year the
license has been expired; and name of licensed operator.] re-apply.
[D. A
practitioner whose license has been expired more than five years shall re-enter
an approved training program (apprenticeship)take the tattoo, body
piercing-scarification or permanent cosmetic 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.]
[16.36.2.19 NMAC -
N, 6/21/2018; A, 12/23/2025]
16.36.2.20 [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.] [RESERVED]
[16.36.2.20 - N,
6/21/2018; Repealed, 12/23/2025]
16.36.2.22 [CREDIT
GRANTED FOR SUBSTANTIALLY EQUIVELENT 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 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 16.36.2.13 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 16.36.2.13 NMAC;
(4) proof
of practice equivalent to the hours of training defined in 16.36.2.15 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 16.36.2.23 NMAC.] [RESERVED]
[16.36.2.22 NMAC -
N, 2/3/2022; A, 7/12/2022; Repealed, 12/23/2025]