New Mexico Register / Volume
XXXIV, Issue 16 / August 29, 2023
This is an
amendment to 16.34.1 NMAC Section 7, effective 08/29/2023
16.34.1.7 DEFINITIONS: As used in the Barbers and Cosmetologists
Act:
A. “applicant” [means a person who has applied
for a license] has the same meaning as defined in Subsection
B of Section 61-1-2 NMSA 1978;
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;] has the same meaning as defined in Subsection
A of Section 61-17A-2 NMSA 1978;
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;]
has the same meaning as defined in Section 61-17A-3 NMSA 1978;
H. “board” [means the board of barbers
and cosmetologists;] has the
same meaning as defined in Subsection B of Section 61-17A-2 NMSA 1978;
[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.] I. “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.] J. “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.] K. “contact
hour” means one contact hour equals a minimum of 50 minutes of instruction;
[M.] L. “cosmetologist”
[means a person, other than a student, who for compensation engages in
cosmetology;] has the same
meaning as defined in Subsection C of Section 61-17A-2 NMSA 1978;
[N.] M. “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.] has the same meaning as defined in Section
61-17A-4 NMSA 1978;
[O.] N. “current
work experience” means verified work that has occurred within the previous
five years;
[P.] O. “department” [means the regulation
and licensing department.] has
the same meaning as defined in Subsection D of Section 61-17A-2 NMSA 1978;
[Q.]
P. “disinfect or disinfection” means the use of chemical agents (after
cleaning) to destroy potentially dangerous pathogens on non-porous items;
[R.]
Q. “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;
[S.]
R. “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;
[T.]
S. “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;
[U.]
T. “enterprise” [means a business venture, firm, or organization;]
has the same meaning as defined in
Subsection F of Section 61-17A-2 NMSA 1978;
[V.]
U. “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;
[W.]
V. “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;] has the same meaning as defined in Subsection G of
Section 61-17A-2 NMSA 1978;
[X.]
W. “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;] has the
same meaning as defined in Subsection H of Section 61-17A-2 NMSA 1978;
[Y.]
X. “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;] has the same meaning as
defined in Subsection I of Section 61-17A-2 NMSA 1978;
Y. “eyelash extensions” means strands
of silk, mink, or another synthetic or natural material that are applied one at
a time and fixed to an individual’s natural eyelashes;
Z. “executive
director” means the director for the board;
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;
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;
CC. “hairstylist”
[means a person, other than a student, who for compensation engages in
hairstyling;] has the same meaning as defined in Subsection J of Section 61-17A-2 NMSA 1978;
DD. “HSD”
means the New Mexico human services department;
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;
FF. “instructor”
means a person licensed to teach in a school of cosmetology, barbering or in a
school of electrology;
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;
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;
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;
JJ. “license
in good standing” refers to a current, valid, board-issued license with no
restrictions placed on the license by the board;
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;
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;
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;
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;
OO. “non-porous”
means multi-use items such as metal, glass and plastic;
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;
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;
RR. “provider”
means the person, firm, corporation, institution or agency approved to conduct
or sponsor a continuing education program and ensure its integrity;
SS. [“revoke a license” means to
prohibit the conduct authorized by the license;] “revocation” has the same meaning as
defined in Subsection J of Section 61-1-2 NMSA 1978;
TT. “sanitation” [means the maintenance
of sanitary conditions to promote hygiene and the prevention of disease through the use of chemical agents or products;] has
the same meaning as defined in Subsection L of Section 61-17A-2 NMSA 1978;
UU. “school” [means a public or private
instructional facility approved by the board that teaches cosmetology or
barbering;] has the same
meaning as defined in Subsection M of Section 61-17A-2 NMSA 1978;
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;] has the same meaning as defined in Subsection N of
Section 61-17A-2 NMSA 1978;
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;] “suspension”
has the same meaning
as defined in Subsection K of Section 61-1-2 NMSA 1978;
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; A,
08/29/2023]