New Mexico Register / Volume
XXXIII, Issue 24 / December 27, 2022
This is an amendment to
16.34.1 NMAC, Sections 3, 6, 7, adding new Sections 8 through 10, effective
12/27/2022.
16.34.1.3 STATUTORY AUTHORITY: [Section
61-17A-2 NMSA1978 – Definitions] These rules are promulgated pursuant to
the Barbers and Cosmetology Act, Sections 61-17A-1 to -25 NMSA 1978.
[16.34.1.3 NMAC - Rp
16 NMAC 34.1.3, 6/16/2001; A, 12/27/2022]
16.34.1.6 OBJECTIVE: [Pursuant
to the Barbers and Cosmetologists Act this part establishes definitions.] The
objective of Part 1 is to promote, preserve and protect the public health,
safety and welfare by establishing regulations generally applicable to all
licensees and professions subject to the Barbers and Cosmetology Act.
[16.34.1.6 NMAC - Rp
16 NMAC 34.1.6, 6/16/2001; A, 12/27/2022]
16.34.1.7 DEFINITIONS: As used in the Barbers and Cosmetologists
Act:
A. “applicant” means a person who has
applied for a license;
B. “apprentice” means a person enrolled in
a barber apprenticeship program approved by and registered with the state
apprenticeship agency;
C. “approval number” means the number
assigned by the board to designate an approved provider;
D. “approved” means accepted as a provider
by the board;
E. “barber” means a person, other than a
student, who for compensation engages in barbering;
F. “barber apprenticeship” means an
apprenticeship program registered with the state apprenticeship agency;
G. “barbering” means shaving or trimming
the beard or cutting the hair, curling and waving, including permanent waving,
straightening the hair, giving facial and scalp massage or treatments with
oils, creams, lotions or other preparations, either by hand or mechanical
appliances, shampooing, bleaching or dyeing the hair or applying tonics or
applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to
the scalp, face, neck or upper part of the body, caring for and servicing wigs
and hair pieces or removing of unwanted hair except by means of electrology;
H. “board” means the board of barbers and
cosmetologists;
I. “booth establishment license” means a license
required of an individual who rents space within another licensed establishment
for the purpose of rendering licensed services as a separate, independent
business;
J. “branch campus/additional location”
means an additional location that provides the same administrative services as
the main campus, and offers at least one complete program entered
into the programs offered at the main campus; a branch campus/additional
location must be approved by the board as a separate school with a stand-alone
license;
K. “clean or cleansing” means washing with
liquid soap and water, detergent, antiseptics, or other adequate methods to
remove all visible debris or residue.
Cleansing is not disinfection;
L. “contact hour” means one contact hour
equals a minimum of 50 minutes of instruction;
M. “cosmetologist” means a person, other
than a student, who for compensation engages in cosmetology;
N. “cosmetology” means arranging,
dressing, curling, waving, cleansing, cutting, bleaching, coloring,
straightening or similar work upon the hair of a person, whether by hand or
through the use of chemistry or of mechanical or electrical apparatus or
appliances, using cosmetic preparations, antiseptics, tonics, lotions or creams
or massaging, cleansing, stimulating, manipulating, beautifying or performing
similar work on the body of a person, manicuring and pedicuring the nails of a
person, caring for and servicing wigs and hair pieces or removing of unwanted
hair except by means of electrology. A cosmetologist shall not perform any type of
shaving using a straight edge (or razor blade in any form) with or without a
safety guard without obtaining appropriate licensure.
O. “current work experience” means verified
work that has occurred within the previous five years;
P. “department” means the
regulation and licensing department.
[P.] Q. “disinfect or disinfection” means the use
of chemical agents (after cleaning) to destroy potentially dangerous pathogens
on non-porous items;
[Q.] R. “disinfectant” means an EPA-registered
bactericidal, virucidal and fungicidal chemical effective against pathogens of
concern when used as directed on the manufacturer’s label. For purposes of this rule alcohol and UV
light boxes are not approved for disinfection;
[R.] S. “electrologist” means a person, other
than a student, who for compensation removes hair from or destroys hair on the
human body through the use of an electric current
applied to the body with a needle-shaped electrode or probe;
[S.] T. “electronic signature” means an
electronic sound, symbol or process attached to or logically associated with a
record and executed or adopted by a person with the intent to sign the record;
[T.] U. “enterprise” means a business venture,
firm, or organization;
[U.] V. “expansion campus facility” means any
separate classroom or clinic used for educational purposes that is separate,
detached and apart from the primary facility and main address; its purpose is
to allow the licensed school to provide adequate space to train students who
are enrolled through the primary facility and the expansion campus facility
must be within a two-mile radius of the main campus;
[V.] W. “establishment” means an immobile
beauty shop, barbershop, electrology clinic, salon or similar place of business in which cosmetology,
barbering, eyebrow threading, hairstyling or electrolysis is performed;
[W.] X. “esthetician” means a person, other
than a student, who for compensation uses cosmetic preparations, including
makeup applications, antiseptics, powders, oils, clays or creams or massaging,
cleansing, stimulating or manipulating the skin for the purpose of preserving
the health and beauty of the skin and body or performing similar work on any
part of the body of a person; using the term or title of “medical esthetician”
is not allowable under the act; this
term is misleading and could be deemed deceptive or fraudulent;
[X.] Y. “eyebrow threading” means a method of
hair removal in which a thin thread is doubled, twisted
and then rolled over areas of unwanted hair, removing the hair at the follicle
level;
[Y.] Z. “executive director” means the director
for the board;
[Z.] AA. “expansion campus facility” means any separate classroom or clinic
used for educational purposes that is separate, detached and apart from the
primary facility and main address; its purpose is to allow the licensed school
to provide adequate space to train students who are enrolled through the
primary facility and the expansion campus facility must be within a two-mile
radius of the main campus;
[AA.] BB. “externship” means a student enrolled
in any course licensed by this act may, at the school's option, participate in
an externship program upon completion of seventy-five percent of the contracted
course of study. The externship program
would allow students to train in a licensed establishment for one day or up to
eight hours per week until graduation.
The training would be supervised by a designated salon licensee and
would include any activity that is routine in a salon except for offering
complete services on the public, applying any chemicals, or receiving any
compensation;
[BB.] CC. “hairstylist” means a person, other
than a student, who for compensation engages in hairstyling;
[CC.] DD. “HSD” means the New Mexico human
services department;
[DD.] EE. “hands-on
training” means student training on clients, students or models that
includes active personal participation and practical experience necessary to
gain knowledge. Training on mannequins
is considered hands-on training;
[EE.] FF. “instructor” means a person licensed to
teach in a school of cosmetology, barbering or in a school of electrology;
[FF.] GG. “journey worker” means a person who
holds a current New Mexico barber license; is recognized by the sponsor as
having attained and mastered a level of skill, abilities, and competencies in
barbering and is authorized to provide related instruction and on-the-job
training to licensed apprentices. The maximum allowable ratio of licensed
apprentices to journey workers during on-the-job training is one to one;
[GG.] HH. “jurisprudence
exam” means the examination given regarding the laws, rules
and regulations, which relate to the practice of barbers and cosmetologists in
the state of New Mexico;
[HH.] II. “license” means a certificate, permit
or other authorization to engage in each of the professions and occupations
regulated by the boards enumerated in Subsection A of the act;
[II.] JJ. “license in good standing” refers to a
current, valid, board-issued license with no restrictions placed on the license
by the board;
[JJ.] KK. “main campus” means a school, which has
been licensed by the board; any change in location of the main campus must
comply with the procedures set forth in 16.34.8 NMAC of these rules; the main
campus includes the primary facilities and any separate or detached expansion
campus facility of the primary training site within a two-mile radius;
[KK.] LL. “manicurist-esthetician” means a
person, other than a student, who for compensation performs work on the nails
of a person, applies nail extensions or products to the nails for the purpose
of strengthening or preserving the health and beauty of the hands or feet and
who uses cosmetic preparations, including makeup applications, antiseptics,
powders, oils, clays or creams or massaging, cleansing, stimulating or
manipulating the skin for the purpose of preserving the health and beauty of
the skin and body or performing similar work on any part of the body of a
person;
[LL.] MM. “manicurist-pedicurist” means a person,
other than a student, who for compensation performs work on the nails of a
person, applies nail extensions or products to the nails for the purpose of
strengthening or preserving the health and beauty of the hands or feet;
[MM.] NN. “multi-use” means non-porous
instruments, items, equipment, implements or tools that must be cleaned and
disinfected. The items must be
disinfected by a complete immersion in an EPA registered, bactericidal,
virucidal and fungicidal (formulated for hospitals) disinfectant that is mixed
and used according to the manufacturer’s directions. Non-porous items are the only items that can
be disinfected;
[NN.] OO. “non-porous” means multi-use items such
as metal, glass and plastic;
[OO.] PP. “outreach enterprise” means an
independent mobile unit, or system of units, equipped with or carrying both
professional and special equipment used by a professional licensee of this act
to a site or premises for the purpose of providing professional services to the
handicapped, restricted, homebound, impaired, incapacitated, delicate, or
otherwise constrained client;
[PP.] QQ. “sponsor” means the sponsor in whose
name the standards of apprenticeship will be registered with the state apprenticeship
agency, and which will have the full responsibility for administration and
operation of a barber apprenticeship program;
[QQ.] RR. “provider”
means the person, firm, corporation, institution or
agency approved to conduct or sponsor a continuing education program and ensure
its integrity;
[RR. “reciprocity”
means a mutual exchange of privileges between states;]
SS. “revoke a license” means to prohibit
the conduct authorized by the license;
TT. “sanitation” means the maintenance of
sanitary conditions to promote hygiene and the prevention of disease through the use of chemical agents or products;
UU. “school” means a public or private
instructional facility approved by the board that teaches cosmetology or barbering;
VV. “single use items” means tools or
supplies that come in contact with the public and are porous (made of anything
other than plastic, metal or glass) cannot be disinfected (including, but not
limited to: disposable razors, pedi-pads, emery boards,
sponges, cotton pads, buffing blocks, toe separators, chamois, sandpaper drill
bits, waxing strip, wood sticks, cotton balls, nail wipes, disposable towels,
pumice stones, flip flops, and porous files, etc.) shall be disposed of
immediately after use;
WW. “state
apprenticeship agency” means the department of workforce solutions’ state
apprenticeship agency;
XX. “statement
of compliance” means a certified statement from HSD stating that an
applicant or licensee is in compliance with a judgment
and order for support;
YY. “statement
of non-compliance” means a certified statement from HSD stating that an
applicant or licensee is not in compliance with a judgment and order for
support;
ZZ. “sterilize or sterilization” means to
eliminate all forms of bacteria or other microorganisms;
AAA. “student”
means a person enrolled in a school to learn or be trained in cosmetology,
barbering or electrolysis;
BBB. “supervising
licensee” means licensee designated by the establishment owner or manager
to act on behalf of the enterprise or establishment in the absence of the owner
or manager. The supervising licensee must be licensed in all aspects of the
activity being practiced in the enterprise or establishment;
CCC. “suspend
a license” means to prohibit, for a stated period of time,
the conduct authorized by the license; “suspend a license” also means to allow
for a stated period of time the conduct authorized by the license subject to
conditions that are reasonably related to the grounds for suspension;
DDD. “verified
work experience” means work experience in the applicable discipline in a
licensed establishment, enterprise or electrology
clinic as verified by:
(1) certified
and notarized statement by employer(s);
(2) certified
and notarized statement by licensed co-worker(s);
(3) certified
and notarized statement by client(s);
(4) copies
of tax returns; or
(5) copies
of W-2’s;
[16.34.1.7 NMAC - Rp 16 NMAC 34.1.7, 6/16/2001; A, 7/16/2004; A,
10/4/2007; A, 12/17/2015; A, 10/29/2016; A, 7/14/2018; A, 12/27/2022]
16.34.1.8 MISSION OF
THE BOARD: The mission of
the board is to promote , preserve and protect the public health, safety and welfare by regulating the practices of barbering,
cosmetology, electrology, esthetics, hairstyling,
manicuring, and pedicuring in New Mexico. The board is not an advocacy
organization but is instead a regulatory body responsible at
all times and in all situations for acting in the interest of the
public.
[16.34.1.8 NMAC – N, 12/27/2022]
16.34.1.9 AUTHORITY
OF THE REGULATION AND LICENSING DEPARTMENT:
Not withstanding any other provisions under these rules, the department
shall have the authority to:
A. process and issue licenses to
applicants who meet the requirements of the Barbers and Cosmetology Act and
board rules;
B. investigate persons engaging in
practices that may violate the provisions of the Barbers and Cosmetology Act
and report results of investigation to the board;
C. approve the selection of and supervise
primary staff assigned to the board;
D. carry out the Operations of the
board to include budgetary expenditures;
E. maintain records, including
financial records; and
F. keep a licensee record in which the
names, addresses and license numbers of all licensees shall be recorded
together with a record of all license renewals, suspensions and revocations.
[19.34.1.9 NMAC - N, 12/27/2022]
16.34.1.10 INFORMATIONAL
OBLIGATIONS OF LICENSEES:
A. Contact information:
(1) A licensee is obligated to maintain
current and accurate contact information on file with the department.
(2) A licensee shall notify the
department within 30 days of a change of the licensee’s contact information.
(3) Failure to disclose a change of
mailing or residential address may constitute grounds for disciplinary action.
(4) For the purpose of this rule,
“contact information” means the licensee’s mailing address, residential
address, email address, and telephone number.
B. Names and addresses of place of
business:
(1) A licensee is obligated to maintain
the current and accurate name and address of the licensee’s place of business
on file with the department.
(2) A licensee shall notify the
department within 30 days of any changes in the name and address of the
licensee’s place of business.
(3) Failure to disclose a change of the
name and mailing address of the licensee’s employer may constitute grounds for
disciplinary action.
[16.34.10 NMAC - N, 12/27/2022]