New
Mexico Register / Volume XXXIII, Issue 24 / December 27, 2022
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 34 BARBERS AND COSMETOLOGISTS
PART 6 EXPEDITED LICENSURE
16.34.6.1 ISSUING AGENCY: New Mexico
Board of Barbers and Cosmetologists
[16.34.6.1 NMAC - Rp
16.34.6.1 NMAC, 12/27/2022]
16.34.6.2 SCOPE: The
provisions in Part 6 of Chapter 34 apply to all applicants for expedited
licensure.
[16.34.6.2 NMAC -
Rp, 16.34.6.2 NMAC, 12/27/2022]
16.34.6.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Barbers and Cosmetologists Act, Sections
61-17A-1 to -25 NMSA 1978.
[16.34.6.3 NMAC -
Rp, 16.34.6.3 NMAC, 12/27/2022]
16.34.6.4 DURATION:
Permanent.
[16.34.6.4 NMAC -
Rp, 16.34.6.4 NMAC, 12/27/2022]
16.34.6.5 EFFECTIVE DATE:
December 27, 2022, unless a later date is cited at the end of a section.
[16.34.6.5 NMAC -
Rp, 16.34.6.5 NMAC, 12/27/2022]
16.34.6.6 OBJECTIVE: The
objective of Part 6 is to promote, preserve and protect the public health,
safety and welfare by regulating and setting professional standards for
applicants for expedited licensure.
[16.34.6.6 NMAC -
Rp, 16.34.6.6 NMAC, 12/27/2022]
16.34.6.7 DEFINITIONS:
A. “Eligible jurisdiction” means:
(1) any
state or territory of the United States except those included in the list of
disapproved licensing jurisdictions in 16.34.6.8 NMAC; and
(2) any
foreign country included in 16.34.6.9 NMAC.
B. “Expedited license” means a
provisional license that confers the same rights, privileges and
responsibilities as a regular license issued by the board.
C. “Good
standing” means a license or registration is active and not expired,
suspended, revoked, surrendered, conditioned, or otherwise in a status that in
any manner restricts the activity of a licensee or registrant under the
authority of the license.
D. “Jurisdiction”
has the same meaning as defined in Subsection F of Section 61-1-2 NMSA 1978.
E. “Licensing
fee” has the same meaning as defined in Paragraph
(1) of Subsection E of Section 61-1-34 NMSA 1978.
F. “Military
service member” has the same meaning as defined in Paragraph (2) of
Subsection E of Section 61-1-34 NMSA 1978.
G. “Qualified
applicant” means an applicant who:
(1) holds a current license in good
standing in another jurisdiction, provided that an applicant who is not a
military service member or veteran must hold a current license in good standing
in an eligible jurisdiction;
(2) does not have a disqualifying
criminal conviction, as defined the board’s rules; and
(3) is not subject to pending
disciplinary action in New Mexico.
H. “Veteran” has
the same meaning as defined in Paragraph (3) of Subsection E of Section 61-1-34
NMSA 1978.
[16.34.6.7 NMAC -
Rp, 16.34.6.7 NMAC, 12/27/2022]
16.34.6.8 LIST OF DISAPPROVED LICENSING
JURISDICTIONS; REASONS.
A. Barber License: Applicants
licensed in the following states and territories of the United States shall not
be eligible for expedited licensure as a barber under Section 61-17A-17 of the
Barbers and Cosmetologists Act:
(1) Florida,
New Jersey, New York, Oregon, and the U.S. Virgin Islands, on the grounds that
the education and/or training requirements for licensure are not consistent
with New Mexico’s minimum requirements.
(2) American
Samoa and the Northern Mariana Islands, on the grounds that these jurisdictions
do not license, register, certify, or otherwise regulate this profession.
B. Cosmetologist
license: Applicants licensed in the following states and territories of the
United States shall not be eligible for expedited licensure as a cosmetologist
under Section 61-17A-17 of the Barbers and Cosmetologists Act:
(1) California,
Florida, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Rhode
Island, Texas, and Puerto Rico on the grounds that the education and/or
training requirements for licensure are not consistent with New Mexico’s
minimum requirements.
(2) Alaska
and the Northern Mariana Islands, on the grounds that these jurisdictions do
not license, register, certify, or otherwise regulate this profession.
(3) American Samoa, on the grounds
that this jurisdiction will license applicants with a license from any U.S.
state.
C. Manicurist/pedicurist
license: Applicants licensed in the following
states and territories of the United States shall not be eligible for expedited
licensure as a manicurist/pedicurist under Section 61-17A-17 of the Barbers and
Cosmetologists Act:
(1) Alaska,
Connecticut, Florida, Maine, Maryland, Massachusetts, Ohio, Oregon,
Pennsylvania, and Virginia, on the grounds that the education and/or training
requirements for licensure are not consistent with New Mexico’s minimum
requirements.
(2) American
Samoa, Northern Mariana Islands, and Puerto Rico, on the grounds that these
jurisdictions do not license, register, certify, or otherwise regulate this
profession.
D. Esthetician
license: Applicants licensed in the
following states and territories of the United States shall not be eligible for
expedited licensure as an esthetician under Section 61-17A-17 of the Barbers
and Cosmetologists Act:
(1) Alaska,
Florida, Massachusetts, Michigan, Oregon, Pennsylvania, South Carolina, and
Wisconsin, on the grounds that the education and/or training requirements for
licensure are not consistent with New Mexico’s minimum requirements.
(2) American
Samoa, the Northern Mariana Islands, and Puerto Rico, on the grounds that these
jurisdictions do not license, register, certify, or otherwise regulate this
profession.
E. Electrologist
license: Applicants licensed in the
following states and territories of the United States shall not be eligible for
expedited licensure as an electrologist under Section 61-17A-17 of the Barbers
and Cosmetologists Act:
(1) American
Samoa, Alabama, Alaska, Arizona, Colorado, Georgia, Kentucky, Minnesota,
Mississippi, Missouri, New York, the Northern Mariana Islands, Pennsylvania,
Puerto Rico, South Carolina, South Dakota, Texas, Virginia, Washington, West
Virginia, and Wyoming, on the grounds that these jurisdictions do not license,
register, certify, or otherwise regulate this profession.
(2) Guam, on the grounds that this
jurisdiction will license applicants from a jurisdiction that allows
estheticians to practice without regulation.
F. Instructor
license: Applicants licensed in the
following states and territories of the United States shall not be eligible for
expedited licensure as an instructor under Section 61-17A-17 of the Barbers and
Cosmetologists Act:
(1) Alaska,
Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii,
Kansas, Kentucky, Massachusetts, Michigan, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New York, North Dakota, Oregon, Pennsylvania, Rhode
Island, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia,
and Wyoming, on the grounds that the education and/or training requirements for
licensure are not consistent with New Mexico’s minimum requirements.
(2) American
Samoa, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands,
on the grounds that licensure requirements, if any, cannot be determined.
G. Hairstylist
license: Applicants licensed in the
following states and territories of the United States shall not be eligible for
expedited licensure as an esthetician under Section 61-17A-17 of the Barbers
and Cosmetologists Act:
Alabama, American Samoa, Arkansas, California, Delaware, District of
Columbia, Florida, Guam, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska,
New Hampshire, New Jersey, New York, North Carolina, North Dakota, Northern
Marina Islands, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South
Carolina, South Dakota, Tennessee, Texas, U.S. Virgin Islands, Vermont,
Virginia, and Wisconsin, on the grounds that these jurisdictions do not
license this profession.
[16.34.6.8 NMAC -
Rp, 16.34.6.8 NMAC, 12/27/2022]
16.34.6.9 LIST
OF APPROVED FOREIGN JURISDICTIONS. [RESERVED]
[16.34.6.9 NMAC -
Repealed, 12/27/2022]
16.34.6.10 EXPEDITED
LICENSURE APPLICATION
A. A candidate for expedited licensure under Section 61-1-31.1 NMSA 1978
must submit to the board a complete application containing all
of the following:
(1) a
completed and signed application form;
(2) proof
of a current license in good standing in an eligible jurisdiction as defined in
these rules; and
(3) payment
of the required application fee.
B. An expedited
license application shall not be deemed complete until the applicant has submitted,
and the board’s staff is in receipt of, all of the
materials required by subsection A, including documentation from third parties.
C. Upon receipt of
a complete application, the board’s staff shall process the application and
issue the expedited license to a qualified applicant within 30 days.
D. If the applicant
has a disqualifying criminal conviction or the board may have other cause to
deny the application pursuant to Section 61-17A-21 NMSA 1978:
(1) The
matter of the applicant’s application shall be submitted to the board for
consideration and action at its next available regular meeting;
(2) The
license may not be issued within 30 days of submission of the complete
application; and
(3) The
board may vote to grant the application or refer the matter to its
administrative prosecutor for denial of the application as provided by the
board’s rules.
[16.34.6.10 NMAC -
Rp, 16.34.6.10 NMAC, 12/27/2022]
16.34.6.11 EXPEDITED
LICENSURE APPLICATION FOR MILITARY SERVICE MEMBERS AND VETERANS:
A. A candidate for expedited licensure under Section 61-1-34 NMSA 1978
must submit to the board a complete application containing all
of the following:
(1) A
completed and signed application form;
(2) Proof
of a current license in good standing in another jurisdiction, including a
branch of the United States armed forces; and
(3) Submission
of the following documentation:
(a) for military service member: a
copy of military orders;
(b) for spouse of military service members:
copy of military service member’s military orders, and copy of marriage
license;
(c) for spouses of deceased military service members: copy of decedent’s DD
214 and copy of marriage license;
(d) for dependent children of military service members: a copy of military
service member’s orders listing dependent child, or a copy of military orders
and one of the following: a copy of birth certificate, military service
member’s federal tax return or other governmental or judicial documentation establishing
dependency;
(e) for
veterans (retired or separated): proof of honorable discharge such as a copy of
DD Form 214, DD Form 215, DD Form 256, DD Form 257, NGB Form 22, military ID
card, a driver’s license or state ID card with a veteran’s designation, or
other documentation verifying honorable discharge.
B. An expedited
license application shall not be deemed complete until the applicant has
submitted, and the board’s staff is in receipt of, all of
the materials required by subsection A, including documentation from third
parties.
C. Upon receipt of
a complete application, the board’s staff shall process the application and
issue the expedited license to a qualified applicant within 30 days.
D. If the applicant
has a disqualifying criminal conviction or the board may have other cause to
deny the application pursuant to Section 61-17A-21 NMSA 1978:
(1) The
matter of the applicant’s application shall be submitted to the board for
consideration and action at its next available regular meeting;
(2) The
license may not be issued within 30 days of submission of the complete
application; and
(3) The
board may vote to grant the application or refer the matter to its
administrative prosecutor for denial of the application as provided by the
board’s rules.
E. A military
service member or veteran who is issued an expedited license shall not be
charged a licensing fee for the first three years of licensure with the board.
[16.34.6.11 NMAC -
Rp, 16.34.6.11 NMAC, 12/27/2022]
16.34.6.12 EXPEDITED
LICENSE DURATION AND RENEWAL
A. An expedited
license shall be valid for the same length of time as a regular initial license
issued by the board. Initial licenses, including expedited licenses, may be
issued for a period greater than twelve months, but less than twenty-four
moths, in order to align the license expiration date with the board’s renewal
cycle.
B. A licensee
holding an expedited license may apply for license renewal in the manner
provided by the board’s rules, provided that, upon renewal, the licensee shall
be required to pass the practical and written examination conducted by the
board as a prerequisite to license renewal.
C. Upon renewal,
the board shall issue a regular license to a licensee holding an expedited
license issued pursuant to these rules.
[16.34.6.12 NMAC -
Rp, 16.34.6.12 NMAC, 12/27/2022]
HISTORY OF
16.34.6 NMAC:
Pre-NMAC History: The material
in this part was derived from that previously filed with State Records Center
and Archives under:
Article IV,
Licensing by Reciprocity: Credit for Out-of-State Training, 12/21/1981
Article IV,
Licensing By Reciprocity: Credit for Out-of-State Training, 3/24/1989
Rule 4, Licensing By
Reciprocity: Credit for Out-of-State Training, 3/8/1990
Rule 4, Licensing By
Reciprocity: Credit for Out-of-State Training, 3/9/1992
Rule 5, Licensing By
Reciprocity: Credit for Out-of-State Training, 10/19/1993
Rule 5, Licensing By
Reciprocity: Credit for Out-of-State Training, 5/13/1994
Rule 5, Licensing By
Reciprocity: Credit for Out-of-State Training, 8/12/1994
Rule 5, Licensing By
Reciprocity: Credit for Out-of-State Training, 5/23/1995
BBE Rule 86-1, Board
of Barber Examiners, Rules and Regulations - 1986, 6/27/1986
BBE Rule 87-1, NM
Board of Barber Examiners, Rules and Regulations - 1987, 11/4/1987
BBE Rule 88-1, NM
Board of Barber Examiners, Rules and Regulations - 1988, 10/4/1988
History of
Repealed Material:
16 NMAC 34.6,
Licensing By Reciprocity: Credit for Out-of-State Training - Repealed,
6/16/2001
16.34.6 NMAC,
Licensing by Reciprocity: Credit for Out-of-State Training, filed 6/16/2001 was
repealed 12/27/2022, and replaced by 16.34.6 NMAC, Expedited Licensure,
effective 12/27/2022.