2011 New Mexico Statutes
Chapter 61: Professional and Occupational Licenses
Article 17B: Body Art Safe Practices Act, 61-17B-1 through 61-17B-14
Section 61-17B-5: License; application; revocation; suspension.

61-17B-5. License; application; revocation; suspension.

A. A body artist shall obtain a body art license, requirements for which shall be defined by the board that demonstrate that the body artist has the training and experience necessary to perform body piercing, tattooing or scarification and to establish and maintain a sanitary and sterile body art establishment.

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 [61-17B-1 NMSA 1978] 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 the 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 of a license annually and pay license fees established by the board. The operator or body artist shall renew the license annually. The board shall set license fees and license renewal fees in amounts necessary to administer the provisions of the Body Art Safe Practices Act.

D. The board shall promulgate rules for the revocation or suspension of a license for an operator or body artist who fails to comply with a provision of the Body Art Safe Practices 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 an opportunity for an administrative hearing unless conditions in the body art establishment warrant immediate suspension pursuant to Section 9 [61-17B-9 NMSA 1978] of the Body Art Safe Practices Act. 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 or annual renewal of a license. The operator or body artist shall provide proof of current immunization as required by the board, attendance at a blood-borne pathogen training program and other training as required and approved by the board before a license is issued or renewed.

F. A current body art or body art operator license shall not be transferable from one person to another.

G. Operators and body artists engaged in the body art business before the effective date of the Body Art Safe Practices Act shall have one hundred eighty days from the issuance of rules promulgated by the board to comply with license requirements.

H. The following information shall be kept on file on the premises of a body art establishment and 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;

(3) the body art establishment name and hours of operation;

(4) the name and address of the body art establishment owner;

(5) a complete description of all body art performed;

(6) a list of all instruments, body jewelry, sharps and inks used, including names of manufacturers and serial or lot numbers or invoices or other documentation sufficient to identify and locate the manufacturer; and

(7) a 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 new location.