A. The "board of body art practitioners" is created. The board is administratively attached to the regulation and licensing department and consists of five members appointed by the governor. Members shall serve three-year terms; provided that at the time of initial appointment, the governor shall appoint members to abbreviated terms to allow for the terms of subsequent appointments to be staggered. Vacancies shall be filled in the manner of the original appointment.
B. Of the five members of the board, two shall be licensed pursuant to the Body Art Safe Practices Act and shall have at least five years' practical experience in their occupations. Of those two, one member shall be an operator and one member shall be a body artist. The remaining three members shall be public members. The public members shall not have ever been licensed pursuant to the provisions of the Body Art Safe Practices Act or similar prior legislation or have a financial interest in a body art establishment.
C. Members of the board shall be reimbursed pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
D. The board shall elect from among its members a chair and such other officers as it deems necessary. The board shall meet at the call of the chair, not less than two times each year. A majority of members currently serving constitutes a quorum for the conduct of business.
E. A board member shall not serve more than two full consecutive terms, and a member who fails to attend three meetings shall automatically be recommended for removal unless the member's absence is excused for reasons set forth by board rule.
History: Laws 2015, ch. 129, § 6; 2019, ch. 245, § 2.
Delayed repeals. — For delayed repeal of this section, see 61-17B-18 NMSA 1978.
The 2019 amendment, effective April 4, 2019, revised the composition of the board of body art practitioners; in Subsection B, after "Of the five members of the board,", deleted "four" and added "two", after "Of those", deleted "four, two members" and added "two, one member", after "shall be an operator and", deleted "two members" and added "one member", and after "The remaining", deleted "one member" and added "three members".
Temporary provisions. — Laws 2019. ch. 245, § 3 provided that on or after April 4, 2019, the governor shall appoint two public members to serve on the board, one of whom shall replace one operator member and one of whom shall replace one body artist member so that the board shall be composed of three public members and two members licensed pursuant to the Body Art Safe Practices Act. The terms of the members shall remain staggered.
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.)