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F I S C A L I M P A C T R E P O R T
SPONSOR HJCS
DATE TYPED 2/22/05 HB 478/HJCS
SHORT TITLE Body Art Safe Practices Act
SB
ANALYST Hanika-Ortiz
REVENUE
Estimated Revenue
Subsequent
Years Impact
Recurring
or Non-Rec
Fund
Affected
FY05
FY06
Indeterminate See Narrative
Recurring
Body Art Safe
Practices Fund
Relates to SB 80, Parental Consent for Body Art & Piercing
Relates to SB 81, Prohibit Body Art for Minors
Conflicts with SB 364, Body Art Safe Practices Act, administered by the Department of Health.
SOURCES OF INFORMATION
LFC Files
Responses Received From
Regulation and Licensing Department (RLD)
Health Policy Commission (HPC)
Department of Health (DOH)
SUMMARY
Synopsis of Bill
House Judiciary Committee Substitute for HB 478 enacts the Body Art Safe Practices Act ad-
ministered by the Board of Barbers and Cosmetologists (Board) requiring the licensure of body
artists and establishments, and the placement of safety regulations to protect the general public.
HB 478/HJCS amends Section 61-17A-7 NMSA 1978 to add to the Board two licensed body
artists with at least five years experience in their practice, reducing the number of public mem-
bers from four to two.
Significant Issues
“Body art” is defined in the Act as tattooing, body piercing or scarification that is not considered
medical procedures by the New Mexico Medical Board. An exemption will be made for persons
who pierce only the outer parameter of the ear, excluding cartilage, using a pre-sterilized encap-
pg_0002
House Bill 478/HJCS-- Page 2
sulated single use stud ear piercing system, and members of a federally recognized tribe, band,
nation or pueblo who performs scarification rituals for religious purposes.
The Board of Barbers and Cosmetologists:
•
Will be the designated entity to issue the license requirements for qualified body
artists, and monitor and enforce the provisions of the Act.
•
Shall set new license and renewal fees.
•
Shall promulgate rules for the revocation or suspension of licenses.
•
Shall annually inspect body art establishments.
•
Shall establish sterilization and disposal procedures for equipment and instru-
ments.
•
Hold administrative hearings for license suspension. May take complaints to dis-
trict court with a possible civil penalty up to $500. Each violation constitutes a
separate offense.
•
Shall work in conjunction with the DOH to promulgate rules necessary to imple-
ment the provisions of the Act.
•
Research blood-borne pathogen training programs.
•
Deposit all license fees and penalties into the Barbers and Cosmetologists Fund.
Employees of a body art establishment:
•
Shall obtain a body artist license after demonstrating the necessary training and
experience.
•
Shall post a valid, unsuspended board-issued license in a conspicuous place.
•
Shall pay annual license renewal fees to the Board.
•
Shall provide proof of attending a blood-borne pathogen training program.
•
May appeal a suspended, revoked or otherwise denied license.
Operators of a body art establishment:
•
Shall obtain a body artist license after demonstrating training and experience to
run a sanitary and sterile body art establishment.
•
Shall post a valid, unsuspended board-issued license in a conspicuous place.
•
Shall pay annual license renewal fees to the Board.
•
Shall not transfer license from one person to another.
•
Existing businesses prior to the Act have 180 days from the effective dated to
comply with license requirements.
•
Shall keep on file personal employee information, including employee licenses,
and identifying photographs.
•
Shall keep on file the business’ name and hours; location; complete list of all
body art performed; list of instruments, body jewelry, equipment, ink, invoices or
document of purchases, and copy of the Body Art Safe Practices Act.
•
Shall notify board in writing not less than 30 days before changing location.
•
Shall allow annual inspections including the copying of records, refusal will be
grounds for suspension or revocation.
•
May appeal a suspended, revoked or otherwise denied license.
pg_0003
House Bill 478/HJCS-- Page 3
Municipalities may provide more stringent standards.
PERFORMANCE IMPLICATIONS
Tattooing, body piercing, and scarification practices are unregulated in New Mexico. Infectious
disease transmission by contaminated equipment used for these practices is a legitimate public
health concern.
Regulation and Licensing report the additional workload would severely impede the Board’s
ability to meet their performance measure for issuance of licenses within 15 working days.
FISCAL IMPLICATIONS
The Board will be permitted to charge a fee not to exceed $150 for a license application or an-
nual renewal and impose a schedule of penalties not to exceed $150 for violations of the Act. All
license fees and penalties will be deposited in the Barbers and Cosmetologists Fund and will be
used to regulate body art in New Mexico.
The Barbers and Cosmetologist Fund balance for FY04 was $674 thousand. The projected Fund
balance for FY05 is $685.4 thousand and for FY06 $667.1 thousand. The Board does not have a
history of under projecting their Fund balances. Looking back at the previous five years, the
Fund has always made more than is spent.
ADMINISTRATIVE IMPLICATIONS
The Board will be administratively attached to the RLD and the DOH can provide technical sup-
port.
RLD will additional inspectors, operational staff and travel resources to administer the provi-
sions of the Act. It is unknown how many body artists or body artist establishments exist.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Relates to SB 80, Parental Consent for Body Art & Piercing
Relates to SB 81, Prohibit Body Art for Minors
Conflicts with SB 364, Body Art Safe Practices Act, which makes the DOH the authority body to
promulgate rules, establish license regulations and inspect facilities.
TECHNICAL ISSUES
Suggest a medical practitioner as one of the two additional Board members.
Suggest language to the bill requiring disposal of sharps and other contaminated equipment be in
accordance with protocols established by the DOH. There is no requirements for disposal of con-
taminated waste in the bill.
There is no requirement in the bill for an establishment to keep blood borne pathogen training
documentation as the list of information available for inspection by the Board.
pg_0004
House Bill 478/HJCS-- Page 4
OTHER SUBSTANTIVE ISSUES
Many states have body art practices in place; including Texas, Utah, Colorado, Arkansas, Iowa,
and Oregon. New Mexico does not have a practice law in place. The HPC report there is no na-
tional training on body piercing. Piercers receive training from magazines, videos, the internet or
observation. The HPC recommends piercers have current Hepatitis B and tetanus update immu-
nizations. HIV transmission is also a risk. Clients remain at risk for hepatitis C and bacterial in-
fections without proper sterilization of instruments and correct sanitary procedures.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.
New Mexico will continue to have a public health risk, which could impact health care systems.
AMENDMENT
AMENDMENT proposed to Section 5, (F), page 5, line 15, deleting the period, adding “or re-
newed” after “…a license is issued”.
AHO/lg:yr