A. The board may seek relief in district court to enjoin the operation of a body art establishment or the practice of a body artist not in compliance with the Body Art Safe Practices Act.
B. The district court may impose a civil penalty not exceeding five hundred dollars ($500) for a violation of the Body Art Safe Practices Act. Each violation of the provisions of the Body Art Safe Practices Act constitutes a separate offense.
C. The board may promulgate rules imposing a schedule of penalties for violations of the Body Art Safe Practices Act. Except as provided in Subsection D of this section, no penalty shall exceed one hundred fifty dollars ($150).
D. Penalties for the following violations shall not exceed one thousand dollars ($1,000):
(1) obtaining or attempting to obtain a license by fraudulent misrepresentation;
(2) willfully falsifying by oath or affirmation information required pursuant to the Body Art Safe Practices Act; or
(3) practicing or attempting to practice under an assumed name or by fraudulent misrepresentation.
History: Laws 2007, ch. 181, § 11; 2013, ch. 162, § 2.
Delayed repeals. — For delayed repeal of this section, see 61-17B-18 NMSA 1978.
The 2013 amendment, effective June 14, 2013, added penalties; in the title, added "penalties"; in Subsection C, in the second sentence, at the beginning of the sentence, deletes "provided that" and added "Except as provided in Subsection D of this section", and after "no penalty", deleted "exceeds" and added "shall exceed"; and added Subsection D.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 17B - Body Art Safe Practices Act
Section 61-17B-1 - Short title. (Repealed effective July 1, 2022.)
Section 61-17B-2 - Purpose. (Repealed effective July 1, 2022.)
Section 61-17B-3 - Definitions. (Repealed effective July 1, 2022.)
Section 61-17B-4 - Issuance of a body art license. (Repealed effective July 1, 2022.)
Section 61-17B-5 - License; application; revocation; suspension. (Repealed effective July 1, 2022.)
Section 61-17B-6 - Inspection by board. (Repealed effective July 1, 2022.)
Section 61-17B-7 - Exemptions. (Repealed effective July 1, 2022.)
Section 61-17B-8 - Sterile procedures and sanitation. (Repealed effective July 1, 2022.)
Section 61-17B-9 - Immediate suspension. (Repealed effective July 1, 2022.)
Section 61-17B-10 - Judicial review. (Repealed effective July 1, 2022.)
Section 61-17B-11 - Enforcement. (Repealed effective July 1, 2022.)
Section 61-17B-13 - Municipalities. (Repealed effective July 1, 2022.)
Section 61-17B-15 - Board created; membership. (Repealed effective July 1, 2022.)
Section 61-17B-16 - Board powers and duties. (Repealed effective July 1, 2022.)
Section 61-17B-17 - Body art practitioners fund created. (Repealed effective July 1, 2022.)
Section 61-17B-18 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2022.)