2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 17B - Body Art Safe Practices Act › Section 61-17B-5 - License; application; renewal; expedited licensure; revocation; suspension. (Repealed effective July 1, 2028.)

A. A body artist shall obtain a body art license, and an operator shall obtain a body art establishment license, the requirements for which shall be defined by the board by rules promulgated in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] and shall include the requirement that a body artist applicant demonstrate that the body artist has the training and experience necessary to perform body piercing, tattooing or scarification and the requirement that a sanitary and sterile body art establishment be maintained; provided that the board shall grant credit for training and experience obtained from any source, whether obtained within or outside the state, if the applicant demonstrates that the applicant meets the training and experience required pursuant to the Body Art Safe Practices Act.
B. An operator or body artist shall possess and post in a conspicuous place a valid license issued by the board in accordance with the Body Art Safe Practices Act and the rules promulgated pursuant to that act. An operator or a body artist shall not display a license unless it has been issued to that operator or body artist by the board and has not been suspended or revoked.
C. An operator or body artist shall apply to the board for the issuance or renewal of a license annually and shall pay license fees established by the board. Except as provided in Section 61-1-34 NMSA 1978, the board shall set license fees and license renewal fees not to exceed three hundred dollars ($300) and late fees not to exceed one hundred dollars ($100). If an operator or body artist fails to renew a license for the next year, the license is void; provided that the voided license may be restored at any time during the year following the license's expiration upon the payment of the appropriate license renewal fee and a late charge not to exceed one hundred dollars ($100) as set forth by board rules. If the operator or body artist fails to restore a license within one year following the license's expiration, the operator or body artist may request restoration of the license pursuant to rules promulgated by the board.
D. As soon as practicable, but no later than thirty days after an application is submitted, the board shall process the application and issue an expedited license in accordance with Section 61-1-31.1 NMSA 1978 to a person licensed in another licensing jurisdiction. The board by rule shall determine those states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and those foreign countries from which it will accept an application for expedited licensure. The lists of disapproved and approved licensing jurisdictions shall be posted on the board's website. The list of disapproved licensing jurisdictions shall include specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted.
E. The board may suspend or revoke a license for a body art establishment or a body artist who fails to comply with a provision of the Body Art Safe Practices Act or rules promulgated pursuant to that act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978]. A license shall not be suspended or revoked without providing the operator or the body artist with an opportunity for an administrative hearing unless conditions in the body art establishment warrant immediate suspension pursuant to Section 61-17B-9 NMSA 1978. The hearing officer shall not be a person previously involved in the suspension or revocation action. An inspection made more than twenty-four months prior to the most recent inspection shall not be used as a basis for suspension or revocation.
F. Except as provided in Section 61-1-34 NMSA 1978, the board shall charge a fee not to exceed three hundred dollars ($300) for the application to issue a new or renewed license. The applicant shall provide proof of current immunization as required by the board and proof of the applicant's attendance at a blood-borne pathogen training program and other training as required by the board before a license is issued or renewed.
G. A current body art license or body art establishment license shall not be transferable from one person to another.
H. The following information shall be kept on the premises of a body art establishment and shall be available for inspection by the board:
(1) the full names of all employees in the establishment and their exact duties;
(2) the board-issued license with identification photograph for the operator and any body artists;
(3) the body art establishment name and hours of operation;
(4) the name and address of the operator;
(5) a complete description of all body art performed at the body art establishment;
(6) a list of all instruments, body jewelry, sharps and inks used at the body art establishment, including names of manufacturers and serial or lot numbers or invoices or other documentation sufficient to identify and locate the manufacturer of those items; and
(7) a current copy of the Body Art Safe Practices Act.
I. An operator shall notify the board in writing not less than thirty days before changing the location of a body art establishment. The notice shall include the street address of the body art establishment's new location.
History:
Laws 2007, ch. 181, § 5; 2015, ch. 129, § 5; 2019, ch. 245, § 1; 2020, ch. 6, § 46; 2021, ch. 92, § 13; 2022, ch. 39, § 80.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-17B-18 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, clarified that the board of body art practitioners is required to follow the provisions of the State Rules Act when promulgating rules and to follow the provisions of the Uniform Licensing Act in disciplinary matters, provided that license fees and license renewal fees shall not exceed three hundred dollars and that late fees shall not exceed one hundred dollars, provided that the board of body art practitioners shall issue an expedited license to a person licensed in another licensing jurisdiction in accordance with Section 61-1-31.1 NMSA 1978 within thirty days, and required the board to determine by rule, and to post on its website, which states and territories of the United States or the District of Columbia from which the board will not accept an applicant for expedited licensure and those foreign countries from which the board will accept an applicant for expedited licensure, required that the list of disapproved licensing jurisdictions include a reason for disapproval, and required the board to review the lists annually to determine if amendments to the rule are warranted; in the section heading, added "renewal; expedited licensure"; in Subsection A, after "defined by the board", added "by rules promulgated in accordance with the State Rules Act", and after "the applicant demonstrates", deleted "the training and experience received by the applicant is equivalent to the" and added "the applicant meets the"; in Subsection B, after "place a valid", deleted "and unsuspended"; in Subsection C, after "license renewal fees", deleted "and late fees in amounts necessary to administer the provisions of the Body Art Safe Practices Act" and added "not to exceed three hundred dollars ($300) and late fees not to exceed one hundred dollars ($100)"; added a new Subsection D and redesignated former Subsections D through H as Subsections E through I, respectively; and in Subsection E, after "The board", deleted "shall promulgate rules for the revocation or suspension of" and added "may suspend or revoke", after "pursuant to that act", added "in accordance with the Uniform Licensing Act", and after "suspended or revoked", deleted "pursuant to the Body Art Safe Practices Act".
Temporary provisions.
— Laws 2022, ch. 39, § 104 provided that a board that is required by Laws 2022, ch. 39 to change its licensing provisions to allow for new or different expedited licensure shall have rules in place and operational by January 1, 2023.
The 2021 amendment,
effective June 18, 2021, provided for the waiver of license fees and license renewal fees for military service members and veterans; and in Subsection C, after "established by the board", added "Except as provided in Section 61-1-34 NMSA 1978".
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection E, added "Except as provided in Section 61-1-34 NMSA 1978".
The 2019 amendment,
effective April 4, 2019, required the board of body art practitioners to grant credit to an applicant for licensure for training or experience obtained outside the state; in Subsection A, after the semicolon, added "provided that the board shall grant credit for training and experience obtained from any source, whether obtained within or outside the state, if the applicant demonstrates that the training and experience received by the applicant is equivalent to the training and experience required pursuant to the Body Art Safe Practices Act.".
The 2015 amendment,
effective July 1, 2015, provided for license requirements for body artists and required the board of body art practitioners to promulgate rules for body artists in accordance with the Body Art Safe Practices Act; in Subsection A, after "body art license", added "and an operator shall obtain a body art establishment license, the", after "defined by the board", added "and shall include the requirement", after "that", added "a body artist applicant", after "scarification and", deleted "to establish and maintain" and added "the requirement that", and after "body art establishment", added "be maintained"; in Subsection B, after "has been issued to", deleted "the" and added "that"; in Subsection C, after "the issuance", added "or renewal", after "by the board.", deleted "The operator or body artist shall renew the license annually.", after "shall set license fees", deleted "and", after "license renewal fees", added "and late fees", and after "Body Art Safe Practices Act.", added the remainder of the section; in Subsection D, after "suspension of a license for", deleted "an operator" and added "a body art establishment", after "Body Art Safe Practices Act", added "or rules promulgated pursuant to that act", after "operator or the body artist", added "with", and after "Section", deleted "9 of the Body Art Safe Practices Act" and added "61-17B-9 NMSA 1978"; in Subsection E, after "application", deleted "or annual renewal of a" and added "to issue a new or renewed", after "The", deleted "operator or body artist" and added "applicant", after "required by the board", added "and proof of the applicant's", and after "training as required", deleted "and approved"; in Subsection F, after "current body art", added "license", and after "or body art", deleted "operator" and added "establishment"; deleted Subsection G and redesignated the succeeding subsections accordingly; in the introductory sentence of Subsection G, after "shall be kept", deleted "on file" after "establishment and", added "shall be"; in Paragraph (2) of Subsection G, after "photograph", added "for the operator and any body artists"; in Paragraph (4) of Subsection G, after "address of the", deleted "body art establishment owner" and added "operator"; in Paragraph (5) of Subsection G, after "performed", added "at the body art establishment"; in Paragraph (6) of Subsection G, after "inks used", added "at the body art establishment", and after "manufacturer", added "of those items"; in Paragraph (7) of Subsection G, after "a", added "current"; and in Subsection H, after "address of the", added "body art establishment's".