New
Mexico Register / Volume XXXIV, Issue 16 / August 29, 2023
This is an
amendment to 16.34.4 NMAC
Sections 6, 9, 10, 11, effective 08/29/2023
16.34.4.6 OBJECTIVE: [Pursuant
to the Barbers and Cosmetologists Act this establishes licensure requirements
for all courses of study] To create and establish standards and
fees for special licenses pursuant to Paragraph (8) of Subsection A of
Section 61-17A-7 NMSA 1978 of the Barbers and Cosmetologists Act.
[16.34.4.6 NMAC - Rp 16 NMAC 34.4.6, 6/16/2001; A, 08/29/2023]
16.34.4.9 [SPECIAL LICENSES] BARBER
APPRENTICE LICENSE: The board shall issue a barber apprentice
license to an applicant who submits the apprentice license fee, the application
form required and provided by the board, and a copy of the apprenticeship
agreement between the apprentice and the registered apprenticeship program,
issued by the state apprenticeship agency.
A. A barber
apprentice license is valid during the time the apprentice is active in a
registered apprenticeship program, but in no case longer than 36 months from
the date of issuance. A barber
apprentice license will automatically become invalid upon the apprentice’s
cancellation from a registered apprenticeship program or deregistration of an
apprenticeship program by the state apprenticeship agency. The apprentice is responsible for returning
the invalid license to the board within 30 days of the apprentice’s
cancellation or deregistration of the program.
B. The board may
recommend to the state apprenticeship agency deregistration of a barber
apprenticeship program for any violation of the board’s rules or regulations.
C. A barber
apprentice may receive related instruction from a journey worker/licensed
barber instructor outside of a licensed establishment; however, barber
apprentice services may not be performed on the public and practical
application may not be taught outside of a licensed establishment.
[16.34.4.9 NMAC - Rp
16 NMAC 34.4.9, 6/16/2001; Repealed, 10/4/2007; N, 10/29/2016; A, 08/29/2023]
16.34.4.10 [RESERVED] MANICURIST/ESTHETICIAN
LICENSE (900 HOURS OR EQUIVALENT CREDIT):
A. A
combined manicurist/esthetician license permits the practitioner to:
(1) trim the nails of a person, including
the trimming of otherwise healthy ingrown toenails;
(2) reduce corns callouses by using
softening preparations or abrasion in order to beautify the foot;
(3) use chemical substances on the nails
for the purpose of strengthening, repairing or lengthening the nails using nail
tips, wraps or acrylic nail products. Nail extensions may be applied only after
the nails, cuticles and nail plate have been properly prepared for the service
and applicable product;
(4) apply massage and manipulations to
the hands, arms and feet for the purpose of stimulating and smoothing;
(5) apply polish, oils or other cosmetic
preparations for the purpose of beautifying the hands and feet;
(6) use cosmetic preparations,
antiseptics, powders, oils, clays or lotion to any part of the body of a
person;
(7) apply massage and manipulation techniques using the hands or mechanical
apparatus;
(8) apply light therapy, high frequency
and other types of facial treatments; and use specialized skin care and facial
machines in applying facial treatments;
(9) apply cosmetic makeup preparations to
contour and beautify the skin;
(10) application of product to eyelashes and
eyebrows, including eyelash extensions and lash and brow tinting procedures;
and
(11) remove superfluous or unwanted hair
from the body of a person by any means except electrolysis or other invasive
techniques and shaving.
B. A manicurist/esthetician
shall not treat an obviously infected ingrown toenail or use any technique
involving mechanical penetration of the skin beneath a callous or corn.
C. A manicurist/esthetician shall not
perform facial services on any person with a communicable skin disease.
D. A manicurist/esthetician shall not
perform any services other than those listed above. To do so may lead to revocation of the
license or other disciplinary action by the board.
[16.34.4.10 NMAC – Rp, 16 NMAC 34.4.10, 06/16/2001; Repealed,
07/16/2004; N, 08/29/2023]
16.34.4.11 [RESERVED] BARBER/COSMETOLOGY
LICENSE (CROSSOVER): A barber/cosmetology license may be issued to
any licensee who has completed a crossover course in either barbering or
cosmetology and has taken and passed the appropriate exams. Upon completion of
the crossover, the licensee must contact the board office and request that
their licenses be combined.
[16.34.4.11 NMAC – Rp 16 NMAC 34.4.10, 06/16/2001; Repealed,
04/12/2010; N, 08/29/2023]