New Mexico SB 142: OUT OF STATE BODY ART LICENSE EQUIVALENCE

Bill Text

SB 142
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AN ACT
RELATING TO PROFESSIONAL LICENSING; REQUIRING THAT AN
APPLICANT FOR A BODY ART TATTOO OR PIERCING-SCARIFICATION
LICENSE BE GRANTED CREDIT FOR EQUIVALENT TRAINING OR
EXPERIENCE OBTAINED OUTSIDE THE STATE; DECLARING AN
EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-17B-5 NMSA 1978 (being Laws 2007,
Chapter 181, Section 5, as amended) is amended to read:
"61-17B-5. LICENSE--APPLICATION--REVOCATION--
SUSPENSION.--
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 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 training
and experience received by the applicant is equivalent to the
training and experience required pursuant to the Body Art

SB 142
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Safe Practices Act.
B. An operator or body artist shall possess and
post in a conspicuous place a valid and unsuspended 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. The board
shall set license fees, license renewal fees and late fees in
amounts necessary to administer the provisions of the Body
Art Safe Practices Act. 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. The board shall promulgate rules for the

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revocation or suspension of 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. A license shall not be
suspended or revoked pursuant to the Body Art Safe Practices
Act 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.
E. 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.
F. A current body art license or body art
establishment license shall not be transferable from one
person to another.
G. The following information shall be kept on the
premises of a body art establishment and shall be available

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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.
H. An operator shall notify the board in