New
Mexico Register / Volume XXXIV, Issue 16 / August 29, 2023
This is an
amendment to 16.34.5 NMAC Sections 8, 9, 10, 12, 15, 16, effective 08/29/2023.
16.34.5.8 GENERAL LICENSURE REQUIREMENTS:
A. Any person is eligible to be registered as a practitioner and is
qualified to receive a license as a registered barber, cosmetologist, hairstylist,
manicurist, esthetician,
manicurist/esthetician, or electrologist who submits proof that the applicant:
(1) is
at least 17 years of age;
(2) has completed the course of study for
the license in a licensed school within the preceding 12 months; or for a
barber license, proof that the applicant has either completed the course of
study in a licensed school within the preceding [12] 24 months or
has successfully completed a barber apprenticeship program registered by the
state apprenticeship agency within the preceding [12] 24 months;
(3) has
paid the required fees as set forth in these rules; and
(4) has
passed the practical and written examination conducted by the board.
B. Any person is eligible for initial registration or re-registration as
an instructor and is qualified to receive a license as an instructor who
submits proof that the applicant has met all the above requirements and in
addition:
(1) for
barber instructors, has an education equivalent to the completion of four years
of high school; and
(2) holds
a current license in New Mexico as a practitioner in the field in which the
applicant is seeking licensure as an instructor.
[C. Applicants who have not completed a course of
study equivalent to the license for which he/she is applying may submit
notarized letters of employment or employment records to prove licensed,
current, verified work experience. Six
full months of work experience will equal 150 hours of training. Work experience less than six full months
will not be considered toward training hours.
D.] (3) Applications are valid for one year from date of receipt.
[E.] (4) All
application fees are non-refundable.
[16.34.5.8 NMAC - Rp
16 NMAC 34.5.8, 6/16/2001; A, 7/16/2004; A, 12/17/2015; A, 10/29/2016; A, 7/14/2018; A, 12/27/2022; A,
08/29/2023]
16.34.5.9 BARBER LICENSE (1200 HOURS OR
EQUIVALENT CREDIT):
A. A barber license permits the
practitioner to perform the following services upon the upper part of the human
body for cosmetic purposes:
[A.] (1) shave or trim beards;
[B.] (2) cut and style hair whether by hand or mechanical or electrical
apparatus;
[C.] (3) curl, wave, permanent wave or chemically relax the hair;
[D.] (4) give facial and scalp massage or treatments with oils, creams, lotions
or other preparations, either by hand or mechanical appliances;
[E.] (5) shampoo, bleach, dye, or apply tonics to the hair;
[F.] (6) apply cosmetic preparations, antiseptics, powders, oils, clays or
lotions to the scalp, face, neck or upper parts of the body;
[G.] (7) care for and service wigs and hairpieces; and
[H.] (8) remove superfluous or unwanted hair from the body of a person by any
means except electrolysis; and
(9) application of product to
eyelashes and eyebrows, including eyelash extensions and lash brow tinting
procedures.
[I.] B. A barber shall not perform any type of nail services without obtaining
appropriate licensure.
[16.34.5.9 NMAC - Rp 16 NMAC 34.5.9, 6/16/2001; A, 12/17/2015; A,
08/29/2023]
16.34.5.10 COSMETOLOGIST LICENSE (1600 HOURS
OR EQUIVALENT CREDIT):
A. A cosmetologist license permits the practitioner to:
(1) cut
and style hair whether by hand or mechanical or electrical apparatus;
(2) braid,
natural hair braid, curl, wave, permanent wave or chemically relax the hair;
(3) give
facial and scalp massage or treatments with oils, creams, lotions or other
preparations, either by hand or mechanical appliances, including removal of
superfluous or unwanted hair except by means of shaving and electrolysis;
(4) shampoo,
bleach, dye, or apply tonics to the hair;
(5) apply
cosmetic preparations, antiseptics, powders, oils, clays or lotions to any part
of the body of a person;
(6) manicure
and pedicure the nails of a person and add nail extensions;
(7) care
for and service wigs and hairpieces;
(8) cut
or trim beards with clippers or scissors only; and
(9) application of product to eyelashes
and eyebrows, including eyelash extensions and lash and brow tinging
procedures.
B. 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.
[16.34.5.10 NMAC - Rp 16 NMAC 34.5.10, 6/16/2001; A, 10/4/2007; A, 12/17/2015; A,
08/29/2023]
16.34.5.12 ESTHETICIAN LICENSE (600 HOURS OR
EQUIVALENT CREDIT):
A. An esthetician license permits the practitioner to:
(1) use
cosmetic preparations on the skin for cleansing and stimulating;
(2) apply
massage and manipulation techniques using the hands or mechanical apparatus;
(3) apply
light therapy, high frequency and other types of facial treatments;
(4) use
specialized skin care and facial machines in applying facial treatments;
(5) apply
cosmetic makeup preparations, antiseptics, powders, oils, clays or lotions to
any part of the body of a person;
(6) [perform
lash and brow tinting procedures;] application of product to
eyelashes and eyebrows, including eyelash extensions and lash and brow tinting
procedures;
(7) remove
superfluous or unwanted hair from the body of a person by any means except
electrolysis or other invasive techniques and shaving.
B. An 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.
C. 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.
[16.34.5.12 NMAC - Rp 16 NMAC 34.5.12, 6/16/2001; A, 10/4/2007; A, 08/29/2023]
16.34.5.15 [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 or 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) perform
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.] [RESERVED]
[16.34.5.15 NMAC - Rp 16 NMAC 34.5.15, 6/16/2001; A, 12/17/2015;
Repealed, 08/29/2023]
16.34.5.16 [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.] [RESERVED]
[16.34.5.16 NMAC - N, 12/17/2015; Repealed, 08/26/2023]