TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 34 BARBERS AND COSMETOLOGISTS
PART 1 GENERAL PROVISIONS
16.34.1.1 ISSUING AGENCY: Regulation
and Licensing Department, Board of Barbers and Cosmetologists.
[16.34.1.1 NMAC - Rp
16 NMAC 34.1.1, 6/16/2001]
16.34.1.2 SCOPE: All
barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists,
manicurist/ estheticians, instructors, electrologists, schools, enterprises and
establishments.
[16.34.1.2 NMAC - Rp
16 NMAC 34.1.2, 6/16/2001; A, 7/14/2018]
16.34.1.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Barbers and Cosmetology Act, Sections
61-17A-1 to -25 NMSA 1978.
[16.34.1.3 NMAC - Rp
16 NMAC 34.1.3, 6/16/2001, A, 12/27/2022]
16.34.1.4 DURATION:
Permanent.
[16.34.1.4 NMAC - Rp
16 NMAC 34.1.4, 6/16/2001]
16.34.1.5 EFFECTIVE DATE: June
16, 2001 unless a later date is cited in the history
note at the end of a section.
[16.34.1.5 NMAC - Rp
16 NMAC 34.1.5, 6/16/2001]
16.34.1.6 OBJECTIVE: The
objective of Part 1 is to promote, preserve and protect the public health,
safety and welfare by establishing regulations generally applicable to all
licensees and professions subject to the Barbers and Cosmetology Act.
[16.34.1.6 NMAC - Rp
16 NMAC 34.1.6, 6/16/2001, A, 12/27/2022]
16.34.1.7 DEFINITIONS: As used in the Barbers and Cosmetologists
Act:
A. “applicant” 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” 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” has the same meaning
as defined in Section 61-17A-3 NMSA 1978;
H. “board” has the same meaning as defined in Subsection B of Section 61-17A-2 NMSA
1978;
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;
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;
K. “contact hour” means one contact hour
equals a minimum of 50 minutes of instruction;
L. “cosmetologist” has the same meaning as defined in Subsection C of
Section 61-17A-2 NMSA 1978;
M. “cosmetology” has the same meaning as defined in Section
61-17A-4 NMSA 1978;
N. “current work experience” means
verified work that has occurred within the previous five years;
O. “department” has the same meaning as defined in Subsection D of
Section 61-17A-2 NMSA 1978;
P. “disinfect
or disinfection” means the use of chemical agents (after cleaning) to
destroy potentially dangerous pathogens on non-porous items;
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;
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;
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;
T. “enterprise”
has the same meaning as defined in
Subsection F of Section 61-17A-2 NMSA 1978;
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;
V. “establishment”
has the same meaning as defined in Subsection G of Section 61-17A-2 NMSA
1978;
W. “esthetician”
has the same meaning as defined in Subsection H of Section 61-17A-2 NMSA
1978;
X. “eyebrow threading” 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”
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. “revocation” has the same meaning as
defined in Subsection J of Section 61-1-2 NMSA 1978;
TT. “sanitation” has the same
meaning as defined in Subsection L of Section 61-17A-2 NMSA 1978;
UU. “school” 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”
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. “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, 8/29/2023]
16.34.1.8 MISSION OF
THE BOARD: The mission of
the board is to promote , preserve and protect the public health, safety and
welfare by regulating the practices of barbering, cosmetology, electrology, esthetics, hairstyling, manicuring, and
pedicuring in New Mexico. The board is not an advocacy organization but is instead a regulatory body responsible at all times and in
all situations for acting in the interest of the public.
[16.36.1.8 NMAC – N, 12/27/2022]
16.34.1.9 AUTHORITY
OF THE REGULATION AND LICENSING DEPARTMENT: Not withstanding any other provisions under these
rules, the department shall have the authority to:
A. process and issue licenses to
applicants who meet the requirements of the Barbers and Cosmetology Act and
board rules;
B. investigate persons engaging in
practices that may violate the provisions of the Barbers and Cosmetology Act
and report results of investigation to the board;
C. approve the selection of and
supervise primary staff assigned to the board;
D. carry out the operations of the
board to include budgetary expenditures;
E. maintain records, including
financial records; and
F. keep a licensee record in which the
names, addresses and license numbers of all licensees shall be recorded
together with a record of all license renewals, suspensions and revocations.
[19.36.1.9 NMAC - N, 12/27/2022]
16.34.1.10 INFORMATIONAL
OBLIGATIONS OF LICENSEES:
A. Contact information:
(1) A licensee is obligated to
maintain current and accurate contact information on file with the department.
(2) A licensee shall notify the
department within 30 days of a change of the licensee’s contact information.
(3) Failure to disclose a change of
mailing or residential address may constitute grounds for disciplinary action.
(4) For the purpose of this rule,
“contact information” means the licensee’s mailing address, residential
address, email address, and telephone number.
B. Names and addresses of place of
business:
(1) A licensee is obligated to maintain
the current and accurate name and address of the licensee’s place of business
on file with the department.
(2) A licensee shall notify the
department within 30 days of any changes in the name and address of the
licensee’s place of business.
(3) Failure to disclose a change of the
name and mailing address of the licensee’s employer may constitute grounds for
disciplinary action.
[16.36.10 NMAC - N, 12/27/2022]
HISTORY OF
16.34.1 NMAC:
Pre-NMAC History:
[Reserved]
History of
Repealed Material:
16 NMAC 34.1,
General Provisions - Repealed, 6/16/2001.