SENATE BILL 289

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Jacob R. Candelaria

 

 

 

 

 

AN ACT

RELATING TO PROFESSIONS; CLARIFYING A DEFINITION IN THE BODY ART SAFE PRACTICES ACT.

 

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

     SECTION 1. Section 61-17B-3 NMSA 1978 (being Laws 2007, Chapter 181, Section 3, as amended) is amended to read:

     "61-17B-3. DEFINITIONS.--As used in the Body Art Safe Practices Act: 

          A. "board" means the board of body art practitioners;

          B. "body art" means tattooing, body piercing or scarification but does not include practices that are considered medical procedures by the New Mexico medical board;

          C. "body art establishment" means a fixed or mobile place where body art is administered on the premises;

          D. "body artist" means a person who administers body piercing, tattooing or scarification;

          E. "body piercing" means to cut, stab or penetrate the skin to create a permanent hole or opening;

          F. "equipment" means machinery used in connection with the operation of a body art establishment, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and other apparatuses and appurtenances;

          G. "instruments used for body art" means hand pieces, needles, needle bars and other items that may come into contact with a person's body during the administration of body art;

          H. "operator" means the owner in charge of a body art establishment;

          I. "scarification" means cutting into the skin with a sharp instrument or branding the skin with a heated instrument to produce a permanent mark or design on the skin;

          J. "sharps" means any sterilized object that is used for the purpose of penetrating the skin or mucosa, including needles, scalpel blades and razor blades;

          K. "single use" means products or items that are intended for one-time, one-person use and are disposed of after use on each client, including cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups and protective gloves;

          L. "sterilization" means destruction of all forms of microbiotic life, including spores; and

          M. "tattooing" means the practice of depositing pigment, which is either permanent, semipermanent or temporary, into the [epidermis] dermis using needles by someone other than a state-licensed physician or a person under the supervision of a state-licensed physician and includes permanent cosmetics, dermography, micropigmentation, permanent color technology and micropigment implantation."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

- 3 -