New Mexico Register / Volume XXXIV,
Issue 12 / June 27, 2023
NOTICE
OF RULE HEARING AND REGULAR BOARD MEETING
The
New Mexico Board of Barbers and Cosmetologists will hold a rule hearing and
regular board meeting to consider the adoption of proposed rules on Monday,
August 7th, 2023, at 9:00 a.m. The board meeting will be held at the Regulation
and Licensing Department, Toney Anaya, located at 2550 Cerrillos Road, Santa
Fe, New Mexico, 87505.
The
meeting will also be held via Cisco Webex Meetings for those desiring to attend
virtually.
https://nmrld.webex.com/nmrld/j.php?MTID=m4c418a3a2b4a9ac9ea0b3636e4ae9b1e
Meeting
(Access) Code: 2483 346 5891
Webinar
password: qZHXDgts373 (79493487 from phones and video systems)
Join
by phone: 1-415-655-0002
The
purpose of the rule hearing is to consider the initiation of rulemaking for the
following rules:
16.34.1
NMAC
– General Provisions
16.34.4
NMAC –
Special Licenses
16.34.5
NMAC
– Regular Licenses
16.34.6
NMAC
– Expedited Licensure
16.34.7
NMAC
– Establishments and Enterprises
16.34.8
NMAC
– Schools
16.34.9
NMAC –
Continuing Education
16.34.14
NMAC
– Fees
On Wednesday, July 5, 2023, copies of the proposed rules may be
obtained through the Board of Barbers and Cosmetologists website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/barbers-and-cosmetologists/barbers-and-cosmetologists-statute-rules-and-rule-hearings/
or by contacting the Executive Director, Pauline M. Varela at
(505) 476-4690.
The Board of Barbers and Cosmetologists will begin accepting
written public comment regarding the proposed rule changes beginning Wednesday,
July 5, 2023, and ending Friday, August 4, 2023, 5:00 p.m. Please submit written comments on the
proposed changes to Pauline M. Varela, Executive Director, 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 Thursday, August 3, 2023.
Written comments received during the public comment period (July
5, 2023 – August 4, 2023) will be posted to the website page linked
above. Public comment will also be accepted during the rule hearing and may be
submitted in writing or presented orally by those attending both in-person and
virtually. The
members of the Board of Barbers and Cosmetologists will not enter
into substantive discussion of public comments during the rule hearing
but will consider and deliberate any public comment during the regular board
meeting immediately following the conclusion of the 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 agenda may also be obtained by contacting the Executive Director.
If
you are an individual with a disability who is in need of
a reader, amplifier, qualified sign language interpreter, or any other form of
auxiliary aid or service to attend or participate in the hearing or the regular
advisory board meeting, please contact the Executive Director, Pauline Varela
at (505) 476-4690 at least 7 days prior to the rule hearing and regular board
meeting. Public documents, including the proposed rules, meeting agenda and
minutes, can be provided in various accessible formats.
Statutory
Authority:
Subsection A (1) 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 “adopt and file, in accordance with the State Rules Act, rules
necessary to carry out the provisions of the Barbers and Cosmetologists Act.”
Purpose
of the Proposed Rules: The proposed rules are intended to
provide greater clarity in existing regulatory and statutory requirements, and
to 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 that
were adopted in House Bill 384 during the 2023 Regular Legislative Session.
Summary
of Proposed Changes: The Board summarizes its proposed changes
to its administrative rules as follows: The proposed changes to Section 16.34.1
NMAC remove definitions that are defined House Bill 384, which was passed
during the 2023 Regular Legislative Session, for compliance with the State
Rules Act, Section 14-4-5.7(B), NMSA 1978. The definition of “eyelash
extensions” was also added to Section 16.34.1 NMAC, to provide clarity to
individuals licensed in accordance with the Barbers and Cosmetologists Act,
61-17A-1 to -25, NMSA 1978. Eyelash extensions have been added under the scope
of practice for barbers, cosmetologists, barbers/cosmetologists, estheticians,
and manicurists/estheticians under Sections 16.34.4 and 16.34.5 NMAC. The
definition of “booth establishment” was removed from Section 16.34.1 NMAC, due
to the Board of Barbers and Cosmetologists discontinuation of booth
establishments, effective November 18, 2021. The proposed changes to Section
16.34.4 include the addition of crossover licenses for barbers/cosmetologists
and manicurists/estheticians, as these are considered “special licenses” that
the Board has the authority to issue, pursuant to 61-17A-7(A)(8), NMSA 1978.
The proposed changes to Section 16.34.5 NMAC include an extension of time that
an applicant must apply for licensure after completion of the required course
of study from 12 months to 24 months to provide a longer time frame for
applicants to become licensed. The proposed changes to Section 16.34.6 remove
definitions already defined in statute in accordance with the State Rules Act,
Section 14-4-5.7(B), NMSA 1978. Language from Section 16.34.5 NMAC was removed
and replaced under Section 16.34.6, as it is guidance for those licensed under
expedited licensure. Section 16.34.7 NMAC strikes the language regarding booth
establishments, due to the Board’s discontinuation of booth establishments,
effective November 18, 2021. The proposed changes to Section 16.34.8 NMAC
includes language that was removed from Section 16.34.9 NMAC, as it pertains to
advanced training that must be conducted in a licensed school. The proposed
changes to Section 16.34.9 NMAC remove the provision permitting the licensure
of continuing education providers, due to the Board’s lack of statutory
authority to issue such licenses. The proposed changes to Section 16.34.14 NMAC
include the addition of a fee for the barbers/cosmetologist, as no fee was
provided in the fee schedule for this license type.