New
Mexico Register / Volume XXXVI, Issue 24 / December 23, 2025
This is an
amendment to 16.36.10 NMAC, Sections 8, 9, 10, 12, 14, 15 & 16 effective
12/23/2025
16.36.10.8 APPRENTICE LICENSE APPLICATION FOR
BODY PIERCING-SCARIFICATION:
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 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;
[(g)]
(f) [current phone number;]
current email address
[(h)]
(g) [name, and license
number. address and phone number of licensed establishment where apprenticeship
will be conducted. Establishment license must be current upon receipt of
application.] current phone number;
[(i)] (h) [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;] name, address, and
license number of licensed establishment where apprenticeship will be
conducted. Establishment license must be current upon receipt of application.
[(j)]
(i) [copy
of current CPR, first aid and blood borne pathogen training certificates, as
defined within 16.36.10.13 NMAC; and] an apprentice sponsorship
application which must be completed and signed by a body art practitioner who meets
the requirements within 16.36.10.9 NMAC and is licensed in the kind of body art
the applicant is seeking an apprenticeship license;
[(k)]
(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 16.36.10.13 NMAC; and
(k) proof
of any disqualifying criminal convictions as defined in 16.36.4.9 NMAC.
B. [Photographs]
Photograph: [Applicants] An 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 [his or her]
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 [address where apprenticeship will be conducted] license
number where apprenticeship will be conducted, establishment license must
be current upon receipt of application.
(c) copy
of current CPR, [first aid and blood borne pathogen training certificates]
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 [only one] two body piercing-scarification
[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 application
includes:
(1) non-refundable
application fee;
(2) a
current New Mexico body piercing-scarification license;
(3) documentation
of legally practicing body piercing-scarification [[in New Mexico]] 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 16.36.10.13; The
curriculum shall include references and resources to be used and methods of
evaluation for each area covered;
(5) [name, address and photo number of
licensed establishment where apprenticeship will be conducted. Establishment
license must be active upon receipt of application; and] 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 log shall [be sent to the board administrator
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 log and
statement to the apprentice.
E. [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 the completion of the applications and examinations.
F. [Renewal of body piercing and
scarification sponsor license:] The apprentice will then receive
notification from the board stating the apprentice is eligible to take the
national theory exam.
[(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 apprentice license shall include the following information:
(a) name
of apprentice; and
(b) name
of establishment and address where apprenticeship will be conducted,
establishment license must be active upon receipt of application.
(c) proof of any disqualifying criminal
convictions as defined in 16.36.4.9 NMAC.]
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. [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 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) [proof
of age indicating applicant is at least 18 years of age (government-issued
identification with a photo);] social security number;
(e) [establishment
mailing 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 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 16.36.10.13 NMAC;] name, address, and license number of
licensed establishment where apprenticeship will be conducted. Establishment license must be active 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
16.36.10.13 NMAC;
(j) [proof
of completion of body piercing-scarification training program and examination
as defined in 16.36.10.14 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 body
piercing scarification training program and examination as defined in
16.36.10.14 NMAC;
(l) [non-refundable
application fee as required by the board.] 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 [address] 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 16.36.10.13 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]
16.36.10.12 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 [making application] applying for a license as
a body piercing scarification practitioner, or body art operator. Such training must include:
A. [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
[16.36.10.12 NMAC – N,
2/3/2022; A, 7/12/2022; A, 12/23/2025]
16.36.10.14 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 body piercing-scarification written examination approved by
the board with a passing minimum score approved by the board. An [Applicant] 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 body
piercing-scarification 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.]
[16.36.10.14 NMAC –
N, 2/3/2022; A, 12/23/2025]
16.36.10.15 [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]
[16.36.10.15 NMAC –
N, 2/3/2022; Repealed, 12/23/2025]
16.36.10.16 [CREDIT GRANTED FOR SUBSTANTIALLY
EQUIVELENT 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
and signed application;
(2) non-refundable application
fee;
(3) copy of current CPR, first aid and blood
borne pathogen training certificates, as defined within 16.36.10.12 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 application;
(2) non-refundable application
fee;
(3) copy of current CPR, first aid and blood borne pathogen training certificates,
as defined within 16.36.10.12 NMAC;
(4) proof
of practice equivalent to the hours of training defined in 16.36.10.13 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 16.36.10.17 NMAC.] [RESERVED]
[16.36.10.16 NMAC - N, 2/3/2022; A, 7/12/2022; Repealed, 12/23/2025]