SB 142 — OUT OF STATE BODY ART LICENSE EQUIVALENCE

SENATE BILL 142 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSIO, 2019 INTRODUCED BY Mimi Stewart 6 8 10 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 14 OUTSIDE THE STATE;

168 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 SECTION 1.

Section 61-17B-5 NMSA 1978 (being Laws 2007, w l n d 18 Chapter 181, Section 5, as amended) is amended to read:

= = 19 "61-17B-5.

LICENSE--APPLICATION--REVOCATION-- a l i a e r 20 SUSPENSION.-- a t m m 21 A.

A body artist shall obtain a body art license, d r e 22 and an operator shall obtain a body art establishment license, c e s k 23 the requirements for which shall be defined by the board and e a n b 24 shall include the requirement that a body artist applicant u [ demonstrate that the body artist has the training and .211308.3 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 6 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 Page 1 Safe Practices Act.

e e 17 C.

An operator or body artist shall apply to the e e n d 18 board for the issuance or renewal of a license annually and = = l ] 19 shall pay license fees established by the board.

The board a l r i 20 shall set license fees, license renewal fees and late fees in t e a t amounts necessary to administer the provisions of the Body Art m m 21 e d r e 22 Safe Practices Act.

If an operator or body artist fails to c e r c 23 renew a license for the next year, the license is void;

e a n b 24 provided that the voided license may be restored at any time u [ during the year following the license's expiration upon the .211308.3 - 2 - payment of the appropriate license renewal fee and a late charge not to exceed one hundred dollars ($100) as set forth by board rules.

The board shall promulgate rules for the SB 142 Page 2 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.

The hearing officer e e 17 shall not be a person previously involved in the suspension or e e n d 18 revocation action.

An inspection made more than twenty-four = = l ] 19 months prior to the most recent inspection shall not be used as a l r i 20 a basis for suspension or revocation.

t e a t E.

The board shall charge a fee not to exceed three m m 21 e d r e 22 hundred dollars ($300) for the application to issue a new or c e r c 23 renewed license.

The applicant shall provide proof of current e a n b 24 immunization as required by the board and proof of the u [ applicant's attendance at a blood-borne pathogen training .211308.3 - 3 - program and other training as required by the board before a license is issued or renewed.

The following information shall be kept on the premises of a body art establishment and shall be available SB 142 Page 3 for inspection by the board:

e e 17 (5) a complete description of all body art e e n d 18 performed at the body art establishment;

= = l ] 19 (6) a list of all instruments, body jewelry, a l r i 20 sharps and inks used at the body art establishment, including t e a t names of manufacturers and serial or lot numbers or invoices or m m 21 e d r e 22 other documentation sufficient to identify and locate the c e r c 23 manufacturer of those items;

and e a n b 24 (7) a current copy of the Body Art Safe u [ Practices Act.

.211308.3 - 4 - H.

BOARD CREATED--MEMBERSHIP.-- SB 142 Page 4 A.

e e 17 B.

Of the five members of the board, [four ] two e e n d 18 shall be licensed pursuant to the Body Art Safe Practices Act = = l ] 19 and shall have at least five years' practical experience in a l r i 20 their occupations.

Of those [four, two members ] two, one t e a t member shall be [operators] an operator and [two members] one m m 21 e d r e 22 member shall be a body [artists] artist.

The remaining [one c e r c 23 member] three members shall be [a] public [member] members.

e a n b 24 The public [member ] members shall not have ever been licensed u [ pursuant to the provisions of the Body Art Safe Practices Act .211308.3 - 5 - or similar prior legislation or have a financial interest in a body art establishment.

A majority of members currently serving SB 142 Page 5 constitutes a quorum for the conduct of business.

TEMPORARY PROVISION--BOARD MEMBERS.--On or e e 17 after the effective date of this act, the governor shall e e n d 18 appoint two public members to serve on the board, one of whom = = l ] 19 shall replace one operator member and one of whom shall replace a l r i 20 one body artist member so that the board shall be composed of t e a t three public members and two members licensed pursuant to the m m 21 e d r e 22 Body Art Safe Practices Act.

The terms of the members shall c e r c 23 remain staggered.

e a n b 24 SECTION 4.

EMERGENCY.--It is necessary for the public u [ peace, health and safety that this act take effect immediately.

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