New Mexico Register / Volume XXXIII, Issue 21 /
November 8, 2022
NOTICE OF PUBLIC RULE HEARING AND REGULAR BOARD
MEETING
The New Mexico Board of Barbers and Cosmetologists
will hold a rule hearing on Monday, December 12, 2022, at 9:00 a.m. Following the rule hearing the Board will
convene a regular board meeting to adopt the rules and take care of regular
business. The rule hearing and board
meeting will be held at the Regulation and Licensing Department, 2550 Cerrillos
Road, Santa Fe, New Mexico, for those desiring to attend in person.
The meeting will also be held via Cisco Webex Meetings
for those desiring to attend virtually.
https://nmrld.webex.com/nmrld/j.php?MTID=m9ef456b2cdd0a0b1b91dc2c3a9cdaec1
Meeting (Access) Code:
2490 704 9363
Join by phone: 1-415-655-0002
United States Toll
Access Code: 2490
704 9363
The purpose of the rule hearing is to consider
proposed amendments to the following rules:
16.34.1 NMAC - General Provisions
16.34.2 NMAC - Licensing
16.34.5 NMAC - Regular Licenses
16.34.6 NMAC - Expedited Licensure
16.34.8 NMAC - Schools
16.34.11 NMAC - Violations
16.34.14 NMAC - Fees
16.34.17 NMAC - Licensure for Military Service
Members, Spouses, Dependent Children and Veterans
To obtain and review copies of the proposed changes
you may go to the Board’s website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/barbers-and-cosmetologists-overview/bc-laws-rules-and-policies/
or contact the New Mexico Board
of Barbers and Cosmetologists (505) 476-4690 or by e-mail at barber.cosmoboard@rld.nm.gov.
The Board is currently accepting public written
comments on the proposed amendments. Please
submit written comments on the proposed changes to Pauline M. Varela, Senior Board
Administrator, via electronic mail to barber.cosmoboard@rld.nm.gov, or
by regular mail at P.O. Box 25101, Santa Fe, NM 87504, no later than Friday, December
9, 2022. Written comments received prior
to the rule hearing will be posted to the RLD website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/barbers-and-cosmetologists-overview/bc-board-information/bc-board-meetings/. Persons will also be given the opportunity to
present their written or oral comments at the public rule hearing.
The agenda for the board meeting will be posted and
available at least 72 hours before the meeting on the Board website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/barbers-and-cosmetologists-overview/bc-board-information/bc-board-meetings/. Copies of the rules or the agenda may also be
obtained by contacting Pauline M. Varela, Senior Board Administrator at (505)
476-4690.
An individual with a disability who is
in need of a reader, amplifier, qualified sign language interpreter, or
other form of auxiliary aid or service to attend or participate in the hearing,
please contact Pauline M. Varela, Senior Board Administrator (505) 476-4690.
Statutory Authority: Subsection A of Section 61-17A-7 NMSA 1978 of
the Barbers and Cosmetologists Act, Sections 61-17A-1 to -25 NMSA 1978,
specifically authorizes the Board to “(1) adopt and file, in accordance with
the State Rules Act, rules necessary to carry out the provisions of the Barbers
and Cosmetologists Act.” In addition,
Section 61-1-31.1 NMSA 1978 of the Uniform Licensing Act, requires the Board to
“determine those states and territories of the United States and District of
Columbia from which the board will not accept an applicant for expedited
licensure and those foreign countries from which the Board will accept an
applicant for expedited licensure.”
Purpose of the Proposed Rules: The proposed rules are intended to provide
greater clarity in existing regulatory and statutory requirements, ensure
continued high levels of professionalism among licensees and certificate
holders. In addition, several of the
proposed rule changes are intended to address recent statutory changes to the
Uniform Licensing Act and the Barbers and Cosmetologists Act. See H.B. 191,
56th Leg., Regular Session. (N.M. 2022), available at https://nmlegis.gov/Sessions/22%20Regular/final/HB0191.pdf.
Summary of Proposed Changes: The Board summarizes its proposed changes to
its administrative rules as follows:
16.34.1 NMAC - General Provisions
The proposed changes to Part 1 of the Board’s current
rules consist of amending existing language.
In addition to minor changes for clarity, the proposed amended Part 1
adds in a definition of “department” which reflects the addition a definition
for “department” to the Barbers and Cosmetologists Act at Subsection D of
61-17A-2 NMSA 1978 The proposed amended
Part 1 additionally removes the definition of “reciprocity” as the provision
for licensure by reciprocity is being proposed to be replaced with provisions
for expedited licensure pursuant to statutory amendments under HB 191. The
proposed amended Part 1 makes explicit the obligations of the Regulation and
Licensing Department in relation to the Board, as reflected in amendments under
HB 191 at Subsection D of Section 61-17A-7 NMSA 1978. The proposed amended Part 1 makes explicit
the Mission of the Board: to promote, preserve and protect the public health, safety and welfare through regulation of barbering,
cosmetology, electrology, esthetics, hairstyling,
manicuring, and pedicuring in New Mexico. Finally, the proposed amended Part 1
makes explicit the obligations of licensees to provide and maintain current
contact information with the regulation and licensing department.
16.34.2 NMAC - Licensing
The proposed changes to Part 2 of the Board’s current
rules consist of amending existing language.
In addition to minor changes for clarity, the provisions regarding
emergency licensure and emergency licensure termination have been removed for a
lack of statutory basis in the Barber’s and Cosmetologists Act.
16.34.5 NMAC - Regular Licenses
The proposed changes to Part 5 of the Board’s current
rules consist of amending existing language.
The proposed amended Part 5 removed the requirement that barbers,
cosmetologists, hairstylists, manicurists, estheticians,
manicurist/estheticians, and electrologists must have completed the second year
of high school or its equivalent prior to licensure as reflected in HB 191
amendments to Sections 61-17A-8, 61-17A-9 NMSA 1978. The proposed amended Part 5 removed the
requirement that cosmetologist instructors complete an education equivalent to
the completion of four years of high-school, leaving barber instructors as the
only type of instructor regulated by the Barbers and Cosmetologists Act
required to complete four years of high school or its equivalent as reflected
in HB 191 amendments to Subsection A of 61-17A-11 NMSA 1978.
16.34.6 NMAC -
Expedited Licensure
The proposed changes to Part 6 of the Board’s current
rules consist of repealing and replacing existing language. The proposed Part 6
provides for expedited licensure for applicants currently licensed in an
eligible jurisdiction and expedited licensure for military service members,
their family members, and veterans, pursuant to statutory amendments under HB
191 to Subsection A of 61-17A-11 NMSA 1978. These additions include a listing of
disapproved licensing jurisdictions and the reasons therefore, a list of
approved foreign jurisdictions, provisions for the requirements of the
expedited licensure application for applicants currently licensed in an
eligible jurisdiction, and provisions regarding the initial term of an
expedited license and its renewal.
16.34.8 NMAC -
Schools
The proposed changes to Part 8 of the Board’s current
rules consist of amending existing language.
The proposed amended Part 8 removed the requirement that applicants for
licensure as barbers, cosmetologists, hairstylists, manicurists, estheticians,
manicurist/estheticians, and electrologists must have completed the second year
of high school or its equivalent prior to licensure as reflected in HB 191
amendments to Subsection A of 61-17A-11 NMSA 1978. The proposed amended Part 8 removed the
requirement that applicants to become cosmetologist instructors complete an
education equivalent to the completion of four years of high-school, leaving
applicants to become barber instructors as the only type of instructor regulated
by the Barbers and Cosmetologists Act required to complete four years of high
school or its equivalent as reflected in HB 191 amendments to Subsection A of
61-17A-11 NMSA 1978.
16.34.11 -
Violations
The proposed changes to Part 11 of the Board’s current
rules consist of amending existing language.
The proposed amended Part 8 makes explicit the requirement that cease and desist orders are to be served in accordance with
the Uniform Licensing Act, as reflected in the HB 191 amendments to Paragraph
(10) of Subsection A of Section 61-17A-11 NMSA 1978.
16.34.14 - Fees
The proposed changes to Part 14 of the Board’s current
rules consist of amending existing language.
In addition to minor changes for clarification, the proposed amended
Part 8 amends the fee for “reciprocity” to a fee for “expedited licensure” in
congruity with the proposed appeal and replace of Part 6.
16.34.17 -
Licensure for Military Service Members, Spouses, Dependent Children and
Veterans
The proposed changes to Part 17 of the Board’s current
rules consist of repeal all of Part 17.
Part 17 provides for licensure for military service members, spouses,
dependent children and veterans, which has been
provided for under the proposed Part 6, making this Part superfluous.