TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 34 BARBERS AND COSMETOLOGISTS
PART 4 SPECIAL LICENSES
16.34.4.1 ISSUING AGENCY:
Regulation and Licensing Department, Board of Barbers and Cosmetologists
[16.34.4.1 NMAC - Rp 16 NMAC 34.4.1, 6/16/2001]
16.34.4.2 SCOPE: All
barbers, cosmetologists, hairstylists, estheticians,
manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists,
schools, enterprises, and establishments; applicants for examination and
students.
[16.34.4.2 NMAC - Rp 16 NMAC 34.4.2, 6/16/2001; A, 12/17/2015; A, 7/14/2018]
16.34.4.3 STATUTORY AUTHORITY:
Section 61-17A-7 - Board Powers and Duties - The board may create and
establish standards for special licenses.
Section 61-17A-11 - Requirements for licensure of instructors.
[16.34.4.3 NMAC - Rp 16 NMAC 34.4.3, 6/16/2001]
16.34.4.4 DURATION:
Permanent
[16.34.3.4 NMAC - Rp 16 NMAC 34.3.4, 6/16/2001]
16.34.4.5 EFFECTIVE DATE: June
16, 2001 unless a later date is cited in the history
note at the end of a section.
[16.34.4.5 NMAC - Rp 16 NMAC 34.4.5, 6/16/2001]
16.34.4.6 OBJECTIVE: 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, 8/29/2023]
16.34.4.7 DEFINITIONS: Refer
to Part 1.
[16.34.4.7 NMAC - Rp 16 NMAC 34.4.7, 6/16/2001]
16.34.4.8 [RESERVED]
[16.34.4.8 NMAC - Rp 16 NMAC 34.4.8, 6/16/2001; A, 10/04/2007;
Repealed, 12/17/2015]
16.34.4.9 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; A, 10/29/2016; A, 8/29/2023]
16.34.4.10 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; A, 8/29/2023]
16.34.4.11 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; A, 8/29/2023]
16.34.4.12 [RESERVED]
[16.34.4.12 NMAC - Rp 16 NMAC 34.4.12, 6/16/2001; Repealed, 7/16/2004]
16.34.4.13 QUALIFIED INSTRUCTORS:
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 verified full time
work experience as a practitioner in the field 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 field 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 fifty 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.
[16.34.4.13 NMAC - Rp 16 NMAC 34.4.13, 6/16/2001; A, 10/4/2007; A, 4/12/2010;
A, 12/17/2015]
16.34.4.14 STUDENT PERMIT:
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.
[16.34.4.14 NMAC - Rp 16 NMAC 34.4.14, 6/16/2001; A, 7/16/2004; A,
10/4/2007; A, 4/12/2010; A, 11/14/2010; A, 12/17/2015; A, 7/14/2018]
16.34.4.15 DUPLICATE LICENSES: A
duplicate license will be issued to any board licensee who submits a written request
along with the required fee.
[16.34.4.15 NMAC - Rp 16 NMAC 34.4.15, 6/16/2001; A, 10/4/2007; A, 12/17/2015]
HISTORY OF
16.34.4 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with State Records
Center and Archives under:
Article III, Special Cosmetology Practitioners Licenses, 12/21/1981
Rule 3, Special Licenses, 3/8/1990
Rule 3, Special Licenses, 3/9/1992
Rule 3, Special Licenses, 10/19/1993
Rule 3, Special Licenses, 8/12/1994
BBE Rule 86-1, Board
of Barber Examiners, Rules and Regulations - 1986, 6/27/1986
BBE Rule 87-1, NM
Board of Barber Examiners, Rules and Regulations - 1987, 11/4/1987
BBE Rule 88-1, NM
Board of Barber Examiners, Rules and Regulations - 1988, 10/4/1988
History of
Repealed Material:
16 NMAC 34.4,
Special Licenses - Repealed, 6/16/2001