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Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Amendments

Consumer and Public Affairs Committee amendments to House Bill 790 do the following:

1. Defines "operator" to mean the owner or his agent in charge of a body art establishment.

2. On page 4, after the word "physician" adds "or a person under the supervision of a state-licensed physician".

3. Increases the fee the department may charge to $150.00. (one hundred fifty dollars.)

4. Removes the requirements for attending a blood-borne pathogen training program.

5. On page 7 line 14 add the word "Exemption" (for which purpose remains unclear.)

6. Requires the department to inspect establishments annually.

7. Requires the department to return samples of equipment and supplies taken during an inspection.

8. Exempts persons who pierce ears using pre-sterilized encapsulated single use stud ear piercing systems and who follow appropriate procedures.

9. Changes the word "operator" to "employee" at three different locations in the bill.

10. Removes the requirement the department promulgate rules regarding disease control.

11. Adds a new section requiring the department to promulgate any necessary rules to implement the provisions of the Body Art Safe Practices Act.

Synopsis of Bill

House Bill 790 enacts the Body Art Safe Practices Act and makes an appropriation. The purpose of this legislation is to provide a safe and healthy environment for body art. The bill contains an extensive definitions section with regard to the instruments that can be used and which must be sanitized or sterilized as well as other terms that are used in the practice of this art. Section 4 speaks to the issuance of permits to operate a body art establishment and requires certain information regarding proof of attendance at a blood-borne pathogen training program that is approved by the Department of Health. Section 5 requires the Department of Health to inspect body art establishments. Section 6 sets out the requirements for the use of single use items. Section 7 establishes sanitation and sterilization standards and spells out the requirements for the handling and storage of instruments that have gone through a sterilization procedure. Section 8 deals with the circumstances that demand immediate suspension of a permit. Section 9 sets out the appeal process to be used with regard to a suspended or revoked permit. Section 10 talks to enforcement by the Department of Health and sets forth the amount of civil penalty that may be imposed. Section 11 requires that persons with certain diseases may not work at a body art establishment. Section 12 speaks to the amount of time and the type of record the establishment must keep. Section 13 sets up a fund the department must use to pay for the administration of this act. Finally Section 14 requires parental consent for those under the age of 18 who wish to have body art. Section 15 allows municipalities to provide more stringent standards.

Significant Issues

For the first time in New Mexico the practice of performing body art will be regulated. There are extensive requirements relating to health and good sanitary practice that are enumerated in the bill.

There is no scientific data about the incidence of communicable diseases associated with the practice of body art in New Mexico. We do know however, that the practice of body art in correctional facilities is a significant cause of the transmission of hepatitis and HIV disease.

FISCAL IMPLICATIONS

The cost of administering the provisions of this act has not been estimated at this time. Resources will be needed to develop regulations to research standards and current best practices.

ADMINISTRATIVE IMPLICATIONS

Administration of the provisions of this act can be accomplished by the Department of Health.

POSSIBLE QUESTIONS

What information do we have that the practice of body art is a significant cause of disease transmission in New Mexico?

MB/prr