reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.11 - BARBER /COSMETOLOGY LICENSE (CROSSOVER)

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.13 - QUALIFIED INSTRUCTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				eligible applicant may be issued an instructor license provided he or she
				submits a transcript for a 1000-hour instructor training course or proof of two
				years of current and consecutive work experience and passes the instructor
				licensing examination which can be taken only once for multiple licenses. B. A
				provisional instructor license will be issued to an eligible applicant who
				meets the board requirements and has completed three full years of current
				verifed full time work experience as a practitioner in the feld in which he/she
				seeks licensure as an instructor under the following terms and conditions
(1) The work experience must be current to
				ensure up-to-date knowledge in the feld in which the applicant seeks
				provisional licensure.
(2) The
				provisional license will be effective until the next renewal period of March
				thirty-one.
(3) The provisional
				license will only be renewed twice upon completion of the required continuing
				education in professional development and the required fee as set forth by
				board rules.
(4) To obtain an
				instructor license, the holder of a provisional instructor license must
				complete an examination application and pass the instructor licensing
				examination. Failing any portion of the instructor examination automatically
				voids the provisional instructor license. The provisional license must then be
				returned to the board office.
(5)
				The holder of a provisional instructor license must sit for the licensing
				examination prior to the expiration of the provisional license.
(6) No more than ffty percent of the total
				instructional staff at any licensed school in the state of New Mexico may be
				licensed under this category. When determining ratios, more than one part-time
				provisional instructor may be combined to count as one
				instructor.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.14 - STUDENT PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				receipt of a complete student registration form and applicable fee, which shall
				be received in the board office within 15 days of date of registration, the
				board will issue a student permit and permit number. The student permit
				authorizes the holder to practice course related skills in an approved school
				and perform services on the public only after fifteen percent of the required
				hours for graduation from the course of study are accrued.
B. Student permit are valid for 90 days
				following completion of graduation requirements. The student permit will be
				issued to the student upon graduation of course of study by a school official
				and can be used to enter a licensed establishment and provide all services in
				the applicable course of study under the constant supervision of a licensee of
				the board, in the applicable course of study. The student permit holder may not
				assume supervisory or managerial responsibilities of a licensed establishment
				at any time. The student permit is valid for 90 days while waiting to test.
				Once the 90 days has expired the student permit must be turned into the state
				board office and the student must terminate working at the licensed
				establishment. It is the responsibility of the licensed establishment to
				monitor the expiration of the student permit. The student permit must be turned
				into the board with initial licensure application as part of the application
				process. No extensions will be given after the 90 days has
				terminated.
C. Student permits are
				the property of the board and must be returned to the board office with the
				notice of termination or official transcript of credit by the school.
				Additional requirements applicable to student permits are found in Paragraph 7
				of Subsection A of
				16.34.8.13
				NMAC of these rules.
D. Student
				permits cannot be used outside a school environment without board
				approval.
E. Student permits are
				not to be used as a student externship permit as defined in
				16.34.8.17
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 4 - SPECIAL LICENSES › Section 16.34.4.15 - DUPLICATE LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A duplicate license will be issued to any board licensee who
				  submits a written request along with the required fee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Barbers and
				  Cosmetologists.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists, estheticians,
				  manicurist/pedicurists, manicurist/estheticians, instructors, electrologists,
				  schools, enterprises and establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  61-17A-5,
				  61-17A-7,
				  61-17A-8,
				  61-17A-9,
				  61-17A-10,
				  61-17A-11.
				  61-17A-12 and 61-17A-15 NMSA 1978 of the Barbers and Cosmetologists Act. The
				  board may provide the standards for the licensure of barbers, cosmetologists,
				  hairstylists, manicurist/pedicurists, estheticians, and electrologists and the
				  licensure of instructors, schools, enterprises and
				  establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this part
				  establishes licensure requirements for all courses of study.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.8 - GENERAL LICENSURE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 24 months or has successfully completed a
				barber apprenticeship program registered by the state apprenticeship agency
				within the preceding 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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.9 - BARBER LICENSE (1200 HOURS OR EQUIVALENT CREDIT)

Current through Register Vol. 35, No. 13, July 16, 2024
A. A barber license permits the practitioner
				to perform the following services upon the upper part of the human body for
				cosmetic purposes:
(1) shave or trim
				beards;
(2) cut and style hair
				whether by hand or mechanical or electrical apparatus;
(3) curl, wave, permanent wave or chemically
				relax the hair;
(4) give facial and
				scalp massage or treatments with oils, creams, lotions or other preparations,
				either by hand or mechanical appliances;
(5) shampoo, bleach, dye, or apply tonics to
				the hair;
(6) apply cosmetic
				preparations, antiseptics, powders, oils, clays or lotions to the scalp, face,
				neck or upper parts of the body;
(7) care for and service wigs and hairpieces;
				and
(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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.10 - COSMETOLOGIST LICENSE (1600 HOURS OR EQUIVALENT CREDIT)

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.11 - MANICURIST/ PEDICURIST LICENSE (400 HOURS OR EQUIVALENT CREDIT)

Current through Register Vol. 35, No. 13, July 16, 2024
A. A manicurist/
				pedicurist 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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.12 - ESTHETICIAN LICENSE (600 HOURS OR EQUIVALENT CREDIT)

Current through Register Vol. 35, No. 13, July 16, 2024
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) 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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.13 - ELECTROLOGIST LICENSE (600 HOURS OR EQUIVALENT CREDIT)

Current through Register Vol. 35, No. 13, July 16, 2024
An electrologist license permits the licensee to remove from
				  or destroy hair on the human body through the use of electrolysis or any other
				  means of temporary or permanent hair removal. Electrolysis is defined as the
				  decomposition of a chemical compound or body tissues, particularly hair root
				  protein through the use of an electric current applied to the body with an
				  invasive, needle-shaped electrode or probe.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.14 - INSTRUCTOR LICENSE (1000 HOURS OR EQUIVALENT CREDIT)

Current through Register Vol. 35, No. 13, July 16, 2024
A. An instructor license permits the
				instructor to teach only those courses or subjects in which he/she has had
				practical training and received licensure as a practitioner as follows;
(1) a cosmetologist who obtains a
				cosmetologist instructor license can teach all phases of cosmetology,
				esthetics, manicuring/pedicuring and salon business, but cannot teach or
				supervise shaving.
(2) a barber who
				obtains a barber instructor license can teach barbering, esthetics and salon
				business, but cannot teach or supervise manicuring/pedicuring.
(3) a manicurist/pedicurist who obtains a
				license as a manicuring instructor can teach manicuring/pedicuring and salon
				business, but cannot teach or supervise other cosmetology or barbering
				services.
(4) an esthetician who
				obtains a license as an esthetician instructor can teach esthetics and salon
				business, but cannot teach or supervise other cosmetology, barbering,
				manicuring/pedicuring or electrology services.
(5) an electrologist who obtains a license as
				an electrology instructor can teach electrology and salon business, but cannot
				teach or supervise, cosmetology, barbering, manicuring or esthetic
				services.
(6) a
				manicurist/esthetician who obtains a license as a manicurist/esthetician
				instructor can teach manicuring/pedicuring, esthetics and salon business, but
				cannot teach or supervise other cosmetology, barbering, or electrology
				services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 5 - REGULAR LICENSES › Section 16.34.5.17 - HAIRSTYLIST LICENSE (1200 HOURS OR EQUIVALENT)

Current through Register Vol. 35, No. 13, July 16, 2024
A. A hairstylist license permits the
				practitioner to:
(1) cleanse, massage or
				stimulate the scalp with oils, creams, lotions or other cosmetic or chemical
				preparations;
(2) apply cosmetic or
				chemical preparations, antiseptics, powders, oils, clays or lotions to the
				scalp;
(3) cut, arrange, apply hair
				extensions to or style the hair by any means;
(4) shampoo, bleach, dye, or apply tonics to
				the hair;
(5) cleanse, color,
				lighten, wave or straighten the hair with cosmetic or chemical
				preparations;
(6) cut or trim
				beards with clippers or scissors only;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Barbers and
				  Cosmetologists
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 6 of Chapter 34 apply to all
				  applicants for expedited licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Barbers and
				  Cosmetologists Act, Sections
				  61-17A-1 to -25 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 27, 2022, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 6 is to promote, preserve and protect
				  the public health, safety and welfare by regulating and setting professional
				  standards for applicants for expedited licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Licensing
				jurisdiction"
: has the same meaning as defined in Subsection F of
				Section 61-1-2 NMSA 1978:
B.
"Expedited license"
has the
				same meaning as defined in Subsection C of Section
				61-1-2 NMSA 1978.
C.
"Good standing"
means a
				license or registration is active and not expired, suspended, revoked,
				surrendered, conditioned, or otherwise in a status that in any manner restricts
				the activity of a licensee or registrant under the authority of the
				license.
D.
"Licensing
				fee"
has the same meaning as defined in Paragraph (1) of Subsection E of
				Section 61-1-34 NMSA 1978.
E.
"Military service member"
has
				the same meaning as defined in Paragraph (2) of Subsection E of Section
				61-1-34 NMSA 1978.
F.
"Qualified applicant"
means
				an applicant who:
(1) holds a current license
				in good standing in another jurisdiction, provided that an applicant who is not
				a military service member or veteran must hold a current license in good
				standing in an eligible jurisdiction;
(2) does not have a disqualifying criminal
				conviction, as defined the board's rules; and
(3) is not subject to pending disciplinary
				action in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.8 - LIST OF DISAPPROVED LICENSING JURISDICTIONS; REASONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Barber License: Applicants licensed in the
				following states and territories of the United States shall not be eligible for
				expedited licensure as a barber under Section
				61-17A-17 of the Barbers and
				Cosmetologists Act:
(1) Florida, New Jersey,
				New York, Oregon, and the U.S. Virgin Islands, on the grounds that the
				education and/or training requirements for licensure are not consistent with
				New Mexico's minimum requirements.
(2) American Samoa and the Northern Mariana
				Islands, on the grounds that these jurisdictions do not license, register,
				certify, or otherwise regulate this profession.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.9 - LIST OF APPROVED FOREIGN JURISDICTIONS [RESERVED]

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.10 - EXPEDITED LICENSURE APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A candidate for expedited licensure under
				Section 61-1-31.1 NMSA 1978 must submit to
				the board a complete application containing all of the following:
(1) a completed and signed application
				form;
(2) proof of a current
				license in good standing in an eligible jurisdiction as defined in these rules;
				and
(3) payment of the required
				application fee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.11 - EXPEDITED LICENSURE APPLICATION FOR MILITARY SERVICE MEMBERS AND VETERANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A candidate for
				expedited licensure under Section
				61-1-34 NMSA 1978 must submit to
				the board a complete application containing all of the following:
(1) A completed and signed application
				form;
(2) Proof of a current
				license in good standing in another jurisdiction, including a branch of the
				United States armed forces; and
(3)
				Submission of the following documentation:
(a)
				for military service member: a copy of military orders;
(b) for spouse of military service members:
				copy of military service member's military orders, and copy of marriage
				license;
(c) for spouses of
				deceased military service members: copy of decedent's DD 214 and copy of
				marriage license;
(d) for dependent
				children of military service members: a copy of military service member's
				orders listing dependent child, or a copy of military orders and one of the
				following: a copy of birth certificate, military service member's federal tax
				return or other governmental or judicial documentation establishing
				dependency;
(e) for veterans
				(retired or separated): proof of honorable discharge such as a copy of DD Form
				214, DD Form 215, DD Form 256, DD Form 257, NGB Form 22, military ID card, a
				driver's license or state ID card with a veteran's designation, or other
				documentation verifying honorable discharge.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 6 - LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING › Section 16.34.6.12 - EXPEDITED LICENSE DURATION AND RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. An expedited license shall be valid for
				the same length of time as a regular initial license issued by the board.
				Initial licenses, including expedited licenses, may be issued for a period
				greater than twelve months, but less than twenty-four moths, in order to align
				the license expiration date with the board's renewal cycle.
B. A licensee holding an expedited license
				may apply for license renewal in the manner provided by the board's rules,
				provided that, upon renewal, the licensee shall be required to pass the
				practical and written examination conducted by the board as a prerequisite to
				license renewal.
C. Upon renewal,
				the board shall issue a regular license to a licensee holding an expedited
				license issued pursuant to these rules.
D. Licensees who have not completed a course
				of study equivalent to the requirements for regular licensure may submit
				notarized letters of employment or employment records to prove licensed,
				current, verified work experience. Six full months of work experience shall be
				equivalent to 150 hours of training. Work experience less than six full months
				will not be considered toward training hours.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Barbers and
				  Cosmetologists
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists, estheticians,
				  manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists,
				  schools, enterprises and establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  61-17A-15,
				  61-17A-18
				  and
				  61-17A-19
				  of the Barbers and Cosmetologists Act. This authorizes the board to develop
				  establishment standards and issue a license to establishments, enterprises and
				  clinics that are in compliance with all requirements established by the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a different date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this part
				  outlines establishment and outreach enterprise requirements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following defnitions are recommended infection control
				  standards used for cleaning (sanitizing), disinfecting, and
				  sterilization:
A. "clean or cleansing"
				means washing with liquid soap and water, detergent, antiseptics, or other
				adequate methods to removal all visible debris or residue. Cleansing is not
				disinfection.
B. "disinfect or
				disinfection" means the use of chemical agents (after cleaning) to destroy
				potentially dangerous pathogens on non-porous items;
C. "disinfectant" means an EPA-registered
				bactericidal, fungicidal and virucidal 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.
D. "proper use of EPA-registered
				bactericidal, fungicidal and virucidal disinfectants" means disinfecting using
				the following:
(1) implements and surfaces
				shall first be thoroughly cleaned of all visible debris prior to disinfection.
				EPA-registered bactericidal, fungicidal and virucidal disinfectants become
				inactivated and ineffective when visibly contaminated with debris, hair, dirt
				and particulates;
(2) some
				disinfectants may be sprayed on instruments, tools, or equipment to be
				disinfected;
(3) disinfectants in
				which implements are to be immersed shall be prepared fresh daily or more often
				if solution becomes diluted or soiled; and
(4) these chemicals are harsh and may affect
				the long term use of scissors and other sharp objects. Leaving items in
				solution in accordance with manufacturers' recommendation for effective
				disinfection is recommended.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.8 - APPLICATION AND REQUIREMENTS FOR ENTERPRISE OR ESTABLISHMENT LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A completed
				official application for an enterprise or establishment license must be filed
				with the board at least 15 days prior to the expected opening of the enterprise
				or establishment: Applications must include the required fee in the form of a
				money order, cashier's check, business check or credit card for on-line
				transactions, (no personal checks will be accepted). Applications must include:
(1) a copy of the owner's business license
				must accompany initial application;
(2) a list of all booth renters working in
				the establishment (if applicable);
(3) all fees are non-refundable;
(4) incomplete applications will be returned;
				and
(5) electronic signatures will
				be acceptable for applications submitted pursuant to 16.34.1 NMAC through
				16.34.16 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.10 - CHANGES OF OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				establishment or enterprise license is nontransferable.
B. A change of ownership or control is any
				action by which a person or corporation obtains authority to control the
				actions of an enterprise or establishment. These actions may include, but are
				not limited to:
(1) the transfer of the
				controlling interest of stock of an enterprise or establishment to its parent
				corporation;
(2) the merger of two
				or more enterprises or establishments;
(3) the division of enterprise or
				establishment into two or more enterprises or establishments;
(4) the transfer of the assets or liabilities
				of an enterprise or establishment to its parent corporation;
(5) the acquisition by an individual of the
				controlling interest of an enterprise or establishment, whether a
				proprietorship, partnership or corporation;
(6) the sale of an enterprise or
				establishment;
(7) the lease of or
				right to do business as an enterprise or establishment.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.11 - SUPERVISION OF LICENSED PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any enterprise or establishment licensed
				by the board must be under the immediate supervision of a board licensee while
				licensed activity is being practiced therein.
B. The supervising licensee must be licensed
				in ALL aspects of the licensed activity being practiced in the enterprise or
				establishment during the time he/she is in charge, (e.g. a licensed manicurist
				cannot supervise a barber shop or beauty salon unless he/she also holds a
				barber or cosmetology license respectively).
C. The enterprise or establishment owner or
				manager must appoint a licensee to act on their behalf in their absence. The
				holder of a temporary license may not act as a supervisor of any enterprise or
				establishment.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.12 - PRACTICE IN UNLICENSED ENTERPRISES OR ESTABLISHMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The practices, rendering, or offering of
				licensed activities for compensation in an unlicensed enterprise or
				establishment is prohibited. It shall constitute malpractice within the meaning
				of section
				61-17A-21
				NMSA 1978 of the Barbers and Cosmetologists Act for an individual licensed
				under the act to provide or offer to provide for compensation any service in an
				unlicensed enterprise or establishment unless otherwise authorized by the act
				or these rules.
B. Before a
				licensee begins to work in an enterprise or establishment required to be
				licensed under the act, the licensee shall ask to see the enterprise or
				establishment license. The licensee shall not provide or offer to provide any
				licensed activity in any enterprise or establishment until the licensee
				actually has seen a valid, current enterprise or establishment
				license.
C. The licensee shall
				notify the board if he or she is not shown a valid, current enterprise or
				establishment license for the enterprise or establishment promptly upon
				request.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 7 - ESTABLISHMENTS AND ENTERPRISES › Section 16.34.7.14 - SPECIAL EVENTS PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
Any licensee desiring to sponsor a special event such as a
				  fund-raiser, garage sale, telethon, etc. that will not be conducted at the
				  licensed establishment, must first obtain approval from the board office. The
				  purpose of prior approval is to ensure professional integrity and that
				  sanitation and safety requirements are met. An application on the form provided
				  by the board office must be submitted at least ten days prior to the event.
				  Approval for the special events may be made administratively.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barber, cosmetology, hairstylist, esthetician,
				  manicurist/pedicurist, manicurist/esthetician, instructor, electrology schools
				  and all students of barbering, cosmetology, hairstylist, esthetician,
				  manicurist/pedicurist, manicurist/esthetician, instructor and
				  electrology.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  61-17A-12,
				  61-17A-18
				  and
				  61-17A-19
				  of the Barbers and Cosmetologists Act. This authorizes the board to establish
				  requirements for opening, relocating, school name change for barber,
				  cosmetology, electrology and specialty schools.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this part
				  establishes the standards for opening, relocating and name change for schools
				  governed by the act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.8 - APPLICATION FOR OPENING, RELOCATING, CHANGING NAME OF A SCHOOL

Current through Register Vol. 35, No. 13, July 16, 2024
A. A school license
				is nontransferable.
B. A change of
				ownership or control is any action by which a person or corporation obtains
				authority to control the actions of an institution. These actions may include,
				but are not limited to:
(1) the transfer of
				the controlling interest of stock of an institution to its parent
				corporation.
(2) the merger of two
				or more institutions;
(3) the
				division of an institution into two or more enterprises or
				establishments;
(4) the transfer of
				the assets or liabilities of an institution to its parent
				corporation;
(5) the acquisition by
				an individual of the controlling interest of an institution, whether a
				proprietorship, partnership or corporation;
(6) the sale of an institution; or
(7) the lease of or right to do business as
				an institution.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.9 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Schools may not permit its students to perform any laboratory services on the
				public under any circumstances until the student has accrued ffteen percent of
				the total hours required within the course.
B. Schools shall display in a conspicuous
				place within the reception or clinic area of the school a sign which indicates
				that all services are performed by supervised students.
C. Schools shall not pay compensation to any
				of its students, either directly or indirectly.
D. Instructors or student instructors shall
				not be permitted to perform services on the public other than that part of the
				practical work which pertains directly to the teaching or demonstration of
				subjects included in the curriculum.
E. Schools shall provide both theory
				instruction and practical skills training in all subjects applicable to the
				course of study according to the curriculum prescribed by the board.
F. Schools shall provide a minimum of 24
				hours of infection control and safety standards theory prior to any practical
				procedures.
G. Instructor approved
				hands-on procedures in schools shall be completed by students on clients,
				students or models; training on mannequins is considered hands on training as
				defined in
				16.34.1.7
				NMAC.
H. Schools shall maintain the
				equivalent of at least one full time instructor for every twenty students in
				attendance or part thereof.
I.
				Schools must at all times be under the immediate supervision of a licensed
				instructor.
J. Schools, which
				advertise services to the public in order to attract clients for its students,
				must include in each advertisement the statement that all services are
				performed by supervised students.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.10 - PHYSICAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All schools must comply with the sanitary and safety rules
				  for establishments outlined in
				  16.34.7.9
				  NMAC of these rules and provide for:
A. a clean, well-maintained
				facility;
B. a reception area for
				clients and guests;
C. an area
				designated for theory instruction equipped with enough tables or desks and
				chairs to meet the instructional needs of assigned or scheduled
				students;
D. a designated clinic or
				laboratory area for supervised practical skills training;
E. sanitary, lavatories with hot and cold
				wash facilities;
F. sufficient
				grounded electrical outlets to provide for the safe operation of all laboratory
				and classroom equipment;
G. safe
				and secure maintenance of student records;
H. separate entrances and visitor reception
				areas if a professional service facility or salon is in the same
				building;
I. a designated work area
				for instructors for the purpose of planning, record keeping, counseling,
				consultation and administrative tasks;
J. properly marked exits to facilitate safe
				evacuation in case of emergency;
K.
				a dispensary or supply room adequately supplied to meet the reasonable
				anticipated needs of students and staff.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.11 - EQUIPMENT, TEACHING AIDS

Current through Register Vol. 35, No. 13, July 16, 2024
Schools shall have in good working order apparatus, equipment
				  and implements necessary for the full and ready teaching of all subjects
				  included in the curriculum including, but not limited to the following:
A. one applicable workstation for each
				student assigned a clinic patron at any one time;
B. one suitable bulletin board conspicuously
				located for posting rules and regulations, licenses, notices, etc.
C. one board of adequate size to be seen by
				all students in the class;
D.
				teaching aids and applicable projection equipment for all subjects taught
				within the curriculum;
E. textbooks
				and lesson plans for the appropriate and authorized courses of study;
F. suitable reference materials including
				books, current periodicals, supplementary information to meet the requirements
				and objectives of the courses of study and which are available for independent
				study.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.12 - EXPANSION CAMPUS FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				completed official application to operate an expansion campus facility must be
				filed with the board at least fifteen days prior to the expected opening of the
				classroom or clinic. The application must include a statement of the distance
				between the approved primary facility and the new expansion campus facility,
				must be within a two mile radius of the main campus.
B. The application, if complete, may be
				administratively approved. A formal inspection of the establishment shall occur
				within ninety days of opening. Incomplete applications without proper and
				complete supporting documents will be returned.
C. Duplicate licenses for the school and all
				instructors teaching in any expansion campus facility shall be conspicuously
				displayed therein.
D. If the
				ownership or address of the original, primary facility changes from that of the
				expanded campus facility, licensure of the expanded campus facility does not
				automatically continue for the expansion campus facility.
E. An expansion campus facility must bear the
				same name as the original, primary facility and its advertising sign must
				indicate the same name as the primary facility.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.14 - STUDENT SCHOOL GRIEVANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Each school licensed by the board must have an internal
				  grievance process for students to seek solutions to any student complaint or
				  concern that is not frivolous or without merit. Evidence of final resolution of
				  such complaints will be retained in the school's file in order to determine the
				  frequency, nature, and patterns of complaints for the institution. Verification
				  that the procedure is in place and being followed will occur during routine
				  inspections of schools. Formal complaints can be filed with the board pursuant
				  to 16.34.13 NMAC of these rules. Schools may not retaliate against students who
				  file complaints with the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.15 - CURRICULUM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following
				minimum curriculum requirements are established for all schools licensed under
				the act. Schools offering training in clock hours must meet the following
				minimum hours in each unit of study. Schools offering training in credit hours
				must offer an equivalent training program as prescribed by the schools
				accrediting agency clock hour/credit hour conversion formula. In absence of
				such a formula the state board will prescribe the credit hour/ clock hour
				conversion formula. Schools may offer all or part of the courses set forth
				herein provided appropriate facility requirements are met and Instructors have
				appropriate practitioner training to teach the subjects offered. This does not
				preclude schools from offering non-related courses or advanced courses, which
				are not prescribed in these rules. Courses are automatically approved if the
				course units are between one hundred percent and one hundred twenty percent of
				the minimum. Schools desiring to offer instruction that exceeds one hundred
				twenty percent of the minimum requirements (i.e. a course that is over twenty
				fve percent of the board's published minimum requirements) must submit to the
				board the following:
(1) a course outline
				indicating all course hours or credits offered;
(2) a class schedule for the entire course
				indicating how and when each unit of instruction is offered;
(3) justifcation of why the course should be
				approved at the extended length.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.16 - CROSSOVER CREDITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Individuals who are licensed as barbers and who wish to become licensed as
				cosmetologists must have at least one year of full time, verifed work
				experience in a licensed establishment and complete 175 course hours or
				applicable credit hours in a licensed school, unless otherwise approved by the
				board, as follows:
B. MANICURING/
				PEDICURING:
175 hours or equivalent credit
(1) related theory;
(2) anatomy;
(3) physiology;
(4) preparation, procedures and
				practice;
(5) products, materials
				and implements;
(6) theory of
				massage;
(7) advanced nail
				techniques;
(8) client consultation
				and recommendations; and
(9) client
				record keeping and safety