New Mexico Register / Volume XXXVI,
Issue 24 / December 23, 2025
This is an
amendment to 16.36.1 NMAC, Sections 7& 9 effective 12/23/2025.
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. “Apprentice” means a person who works
under the direct supervision of a licensed
apprentice sponsor to learn a trade from someone who is already skilled at
a job.
D. “Apprentice Sponsor” means a person who
is an actively licensed, skilled professional in a profession, art, craft or
trade for a minimum of five years and is someone who accepts responsibility to
teach an apprentice one on one.
E. “Aseptic” means the state of being free
from the living disease, fermentation, or putrefaction.
F. “Autoclave” means a piece of medical
equipment that employs the steam under pressure method of sterilization.
G. “Board” means the board of body art
practitioners.
H. “Body art” means tattooing, body
piercing, scarification, or permanent cosmetics but does not include practices
that are considered medical procedures by the New Mexico medical board.
I. “Body art establishment” means a fixed
or mobile place where body art is administered on the premises.
J. “Body artist” means a person who
administers body piercing, tattooing, scarification, or permanent cosmetics.
K. “Body piercing” means to cut, stab or
penetrate the skin to create a permanent hole or opening.
L. “Client” means an individual receiving
any body art procedure(s).
M. “Completed procedure” means, for
the purposes of determining qualification for licensure, a tattoo, body
piercing, scarification or permanent cosmetics that has been finished,
including any touchups or additional work following initial healing, with the
client released from service.
N. “Direct Supervision” means the process under
which an act is performed by [another person with a licensed body artist or
permanent makeup cosmetics professional practitioner] a licensed sponsor
pursuant to the Body Art Safe Practices Act:
(1) [Is]
is physically present in the establishment throughout the performance of
the act;
(2) orders,
controls and accepts full professional responsibility for the act performed;
(3) evaluates
and approves the procedure performed before the client departs the care
setting; and
(4) Is
capable of responding immediately if any emergency should arise.
O. “Disqualifying
Criminal Conviction” has the same meaning as defined in Subsection E of
Section 61-1-36 NMSA 1978.
P. “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.
Q. “Guest License” means a person
temporary authorized to administer tattooing, body piercing-scarification, or
permanent cosmetics for a period of 30 days from date license issued.
R. “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.
S. “Jurisprudence Examination” means the
examination given regarding the laws, rules and regulations, which relate to
the practice of body art in the state of New Mexico.
T. [“License” has the same
meaning as defined in Paragraph (1) of Subsection F of Section 61-1-34 NMSA
1978.] “Legal Documentation” as it pertains to the rule
Paragraph (7) of Subsection C of 16.36.5.11 NMAC, parent or guardian and minor
shall provide identification such as state issued ID or school issued ID, and a
copy of birth certificates, court orders, proof of guardianship, tax
documentation, insurance cards, or school registry that shows parental or
guardian relationship.
U. ["Licensing fee"
has the same meaning as defined in Paragraph (2) of Subsection F of Section
61-1-34 NMSA 1978.] “License”
has the same meaning as defined in Paragraph (1) of Subsection F of Section
61-1-34 NMSA 1978.
V. [“Military service member” has the same meaning as defined in Paragraph
(3) of Subsection F of Section 61-1-34 NMSA 1978.] "Licensing
fee" has the same meaning as defined in Paragraph (2) of
Subsection F of Section 61-1-34 NMSA 1978.
W. [“Operator” means the owner of
a body art establishment.] “Military
service member” has the same
meaning as defined in Paragraph (3) of Subsection F of Section 61-1-34 NMSA
1978.
X. [“Permanent Cosmetics Practitioner”
means a person who uses tattoo techniques of placing pigment under the skin for
cosmetic purposes to restore or enhance a person’s appearance, with any manual
device or machine used for tattooing.] “Mobile Establishment” means an
establishment that is designed to be readily movable; completely retains its
mobility; and is equipped to serve the public. Mobile establishment includes
self-contained mobile units, non-self-contained mobile units, pushcarts, and
mobile support units. Mobile establishments shall not be used for living
quarters.
Y. [“SDS” means safety data sheet(s)
used to communicate the hazards of hazardous chemical products which may be
found in a body art establishment.] “Operator”
means the owner of a body art establishment.
Z. [“Sharps” means any sterilized
object that is used for the purpose of penetrating the skin or mucosa,
including needles, scalpel blades and razor blades.] “Permanent Cosmetics Practitioner” means a person
who uses tattoo techniques of placing pigment under the skin for cosmetic
purposes to restore or enhance a person’s appearance, with any manual device or
machine used for tattooing.
AA. [“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.] “SDS”
means safety data sheet(s) used to communicate the hazards of
hazardous chemical products which may be found in a body art establishment.
BB. [“Special Event” means an
event where procedures will be performed and will not be conducted at a
licensed establishment.] “Sharps” means any sterilized
object that is used for the purpose of penetrating the skin or mucosa,
including needles, scalpel blades and razor blades.
CC. [“Sterilization” means
destruction of all forms of macrobiotic life, including spores.] “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.
DD. [“Substantially
Equivalent”
means the determination by the board that the education, examination, and
experience requirements contained in the statutes and rules of another
jurisdiction are comparable to, or
exceed the education, examination, and experience requirements of the
Body Art Safe Practice Act.] “Special
Event” means an event where procedures will be performed and will
not be conducted at a licensed establishment.
EE. [“Supervising Licensee” means
licensed practitioner who manages the licensed body art establishment. This may or may not be the operator.] “Sterilization” means
destruction of all forms of microbial life, including spores.
FF. [“Veteran” has the same
meaning as defined in Paragraph (4) of Subsection F of Section 61-1-34 NMSA
1978.] “Substantially Equivalent” means the determination
by the board that the education, examination, and experience requirements
contained in the statutes and rules of another jurisdiction are comparable to, or exceed the
education, examination, and experience requirements of the Body Art Safe
Practice Act.
GG. “Supervising
Licensee” means licensed practitioner who manages the licensed body art
establishment. This may or may not be the operator.
HH. “Veteran” has the same meaning as defined in Paragraph (4) of
Subsection F of Section 61-1-34 NMSA 1978.
[16.36.1.7 NMAC -
Rp, 16.36.1.7 NMAC, 2/4/2016; A, 6/21/2018; A, 2/3/2022, A, 7/12/2022; A,
12/23/2025]
16.36.1.9 LICENSES POSTED:
A. All
official board issued licenses, except
identification licenses, issued by the board shall be posted where clearly
visible to the public upon entry of the establishment.
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.] Licensees must
present a driver’s license or other identification when requested by the
public, the board or its authorized representative.
D. [Licensees
must present a driver’s license or other identification when requested by the
public, the board or its authorized representative.] A special event
license shall be posted where clearly visible to the public upon entry of the
event.
[E. A special event license shall be
posted where clearly visible to the public upon entry of the event.]
[16.36.1.9 NMAC -
Rp, 16.36.1.9 NMAC, 2/4/2016; A, 6/21/2018; A, 12/23/2025]