New Mexico Register / Volume XXIX, Issue 12 / June 26, 2018
This
is an amendment to 16.34.2 NMAC, Sections 2, 6, 8, and 11 effective 07/14/2018.
16.34.2.2 SCOPE:
All barbers, cosmetologists, hairstylists, estheticians,
manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists, schools, enterprises, and establishments.
[16.34.2.2
NMAC - Rp 16 NMAC 34.2.2, 06/16/2001; A, 07/14/2018]
16.34.2.6 OBJECTIVE:
Pursuant to the Barbers and Cosmetologists Act this part establishes
licensure requirements for barbers, cosmetologists, hairstylists,
manicurist/pedicurists, estheticians and electrologists. It further provides for licensure
requirements of establishments, enterprises, electrology
clinics, schools and instructors.
[16.34.2.6
NMAC - Rp 16 NMAC 34.2.6, 06/16/2001; A, 07/14/2018]
16.34.2.8 GENERAL LICENSING PROCEDURES:
A. Application
forms:
(1) Application
for any license to be issued or renewed by the board shall be made on the
official form provided by the board for that purpose. Applications must include the required fee in
the form of a money order, cashier’s check, business check, or credit card for
on-line renewal only, (no personal checks will be accepted). Incomplete applications will be returned. Applications are valid for one year from date
of receipt. Designated deadlines will apply to resubmitted applications.
(2) With
the exception of applications for barber apprentice licenses as listed in
Subsection E below, applications for licensure must include:
(a) proof of age indicating applicant is at least 17 years of
age; please provide one of the following: a copy of birth certificate, driver’s
license, state issued identification card, or baptismal certificate;
(b) proof
of applicable secondary education: please provide a copy of one of the
following: a high school diploma, G.E.D. certificate or transcript of G.E.D.
test scores, letter from the high school attended containing the school seal,
copy of the high school transcript showing 10th grade equivalency or higher, a
post-secondary transcript, successful completion of a 10th grade
equivalency test, letter from the G.E.D. testing facility showing that the G.E.D has been passed; documents
submitted in a language other than English must be accompanied by a certified
translation completed by a government certified translator; and
(c) a
transcript of hours from a school or a certificate of completion of a barber
apprenticeship issued by the state apprenticeship agency showing that the training
hours were completed within the preceding 12 months; if the training hours were
obtained more than 12 months before the application is submitted to the board,
then the applicant will need to register at a licensed school, submit to a
scholastic evaluation to determine his training needs, and complete a minimum
of 150 hours of remedial education; upon completion and proof of the
remediation, the applicant may apply for and submit to the complete theory
examination, the applicable practical examination and a state law examination.
(d) A
current valid email address;
(e) The applicant must have successfully
passed the national written and practical examinations. The minimum passing scaled score for all
written and practical licensing examinations is 75.
B. Photographs:
applicants for original licensure shall attach a recent passport size, color
photograph, front-view of face. The
photo must be at least one and one-half inches by one and one-half inches and
no larger than two inches by three inches.
C. Electronic
signatures will be acceptable for applications submitted pursuant to16.34.1
NMAC through 16.34.16 NMAC.
D. Incomplete
applications will be returned.
Designated deadlines will apply to resubmitted applications.
E. Upon acceptance
into a barber apprenticeship program, the apprentice shall apply for a barber
apprentice license on the form required and provided by the board. Applications shall include the required fee
in the form of a money order, cashier’s check, business check or credit card
(no personal checks will be accepted).
F. Renewal is the
responsibility of the licensee:
(1) Timely
renewal of license(s) is the full and complete responsibility of the
LICENSEE. Failure to renew the license
by the expiration date will result in late fees or reexamination as set forth
in the act.
(2) A
licensee, with a valid instructor license for the preceding 12 months, may use
the instructor license to renew or reinstate his original practitioner license.
(3) The
board will issue renewal licenses within 15 working days of receipt of the
renewal request and applicable fee.
(4) Timely
renewal of an establishment, enterprise, electrology
clinic and school license is the full and complete responsibility of the
LICENSEE. Failure to renew the license
within 30 days after its expiration, will result in
payments of renewal and late fees.
(5) A licensee, who works at more than
one establishment must obtain an official duplicate license for each
establishment pursuant to 16.34.4.15 NMAC.
[16.34.2.8
NMAC - Rp 16 NMAC 34.2.8, 06/16/2001; A, 07/16/2004;
A, 10/04/2007; A, 12/-17/2015; A,
10/29/2016; A, 07/14/2018]
16.34.2.11 PROVISIONS FOR EMERGENCY LICENSURE:
A. Barbers, cosmetologists, hairstylist,
manicurists/pedicurists, estheticians, electrologists,
and instructors currently licensed and in good standing, or otherwise meeting
the requirements for New Mexico licensure in a state in which a federal
disaster has been declared, may be licensed in New Mexico during the four months
following the declared disaster upon satisfying the following requirements:
(1) receipt
by the board of a completed application which has been signed and notarized and
which is accompanied by proof of identity, which may include a copy of a
driver’s license, passport or other photo identification issued by a
governmental entity;
(2) refer to 16.34.2.8 NMAC, general licensing procedures;
16.34.5.8 NMAC, general licensure requirements; and 16.34.6.8 NMAC,
reciprocity;
(3) other required verification will be that the board office
will contact the applicant’s prior licensing board by email, mail, or telephone
for confirmation of what is provided by the applicant.
B. The board may waive the following
requirements for licensure:
(1) application
fees;
(2) specific forms or
documentation required, on an individual case by case basis, under 16.34.2.8,
16.34.5.8, and 16.34.6.8 NMAC if the applicant is unable to obtain
documentation from the federal declared disaster areas.
C. Nothing in this
section shall constitute a waiver of the requirements for licensure contained
in 16.34.2.8, 16.34.5.8, and 16.34.6.8 NMAC.
D. Licenses issued under (the emergency
provision) shall be issued for a period of one year of less following the date
of issuance, unless the board or an agent of the board approves a renewal
application. Application for renewal
shall be made on or before one year following the date of issue to avoid late
renewal fees. The board reserves the
right to request additional documentation, including but not limited to,
recommendation forms and work experience verification forms prior to approving
license renewal.
[16.34.2.11
NMAC - N/E, 11/10/2005; A, 07/14/2018]