TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 34 BARBERS AND COSMETOLOGISTS
PART 5 REGULAR
LICENSES
16.34.5.1 ISSUING AGENCY:
Regulation and Licensing Department, Board of Barbers and
Cosmetologists.
[16.34.5.1 NMAC - Rp 16 NMAC 34.5.1, 6/16/2001]
16.34.5.2 SCOPE: All
barbers, cosmetologists, hairstylists,
estheticians, manicurist/pedicurists,
manicurist/estheticians, instructors, electrologists, schools, enterprises and
establishments.
[16.34.5.2 NMAC - Rp 16 NMAC 34.5.2, 6/16/2001; A, 7/14/2018]
16.34.5.3 STATUTORY AUTHORITY:
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.
[16.34.5.3 NMAC - Rp
16 NMAC 34.5.3, 6/16/2001; A, 7/14/2018]
16.34.5.4 DURATION: Permanent.
[16.34.5.4 NMAC - Rp
16 NMAC 34.5.4, 6/16/2001]
16.34.5.5 EFFECTIVE DATE: June
16, 2001 unless a later date is cited in the history
note at the end of a section.
[16.34.5.5 NMAC - Rp 16 NMAC 34.5.5, 6/16/2001]
16.34.5.6 OBJECTIVE:
Pursuant to the Barbers and Cosmetologists Act this part establishes
licensure requirements for all courses of study.
[16.34.5.6 NMAC - Rp 16 NMAC 34.5.6, 6/16/2001]
16.34.5.7 DEFINITIONS: Refer
to 16.34.1 NMAC
[16.34.5.7 NMAC - Rp
16 NMAC 34.5.7, 6/16/2001; A, 10/29/2016]
16.34.5.8 GENERAL LICENSURE REQUIREMENTS:
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.
B. Any person is eligible for initial registration or re-registration as
an instructor and is qualified to receive a license as an instructor who
submits proof that the applicant has met all the above requirements and in
addition:
(1) for
barber instructors, has an education equivalent to the completion of four years
of high school; and
(2) holds
a current license in New Mexico as a practitioner in the field in which the
applicant is seeking licensure as an instructor.
(3) Applications are
valid for one year from date of receipt.
(4) All application fees are non-refundable.
[16.34.5.8 NMAC - Rp
16 NMAC 34.5.8, 6/16/2001; A, 7/16/2004; A, 12/17/2015; A, 10/29/2016; A, 7/14/2018, A, 12/27/2022; A, 8/29/2023]
16.34.5.9 BARBER LICENSE (1200 HOURS OR
EQUIVALENT CREDIT):
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.
B. A barber shall not perform any type of nail services without obtaining
appropriate licensure.
[16.34.5.9 NMAC - Rp 16 NMAC 34.5.9, 6/16/2001; A, 12/17/2015; A, 8/29/2023]
16.34.5.10 COSMETOLOGIST LICENSE (1600 HOURS
OR EQUIVALENT CREDIT):
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.
B. A cosmetologist shall not perform any type of shaving using a straight
edge (or razor blade in any form) with or without a safety guard without
obtaining appropriate licensure.
[16.34.5.10 NMAC - Rp 16 NMAC 34.5.10, 6/16/2001; A, 10/4/2007; A, 12/17/2015; A, 8/29/2023]
16.34.5.11 MANICURIST/PEDICURIST LICENSE (400
HOURS OR EQUIVALENT CREDIT):
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.
B. A manicurist/pedicurist shall not treat an obviously infected ingrown
to a nail or use any technique involving mechanical penetration of the skin
beneath a callous or corn.
C. A manicurist/pedicurist shall not perform any type of temporary or
permanent hair removal techniques without first obtaining appropriate
licensure.
[16.34.5.11 NMAC - Rp 16 NMAC 34.5.11, 6/16/2001; A, 12/17/2015]
16.34.5.12 ESTHETICIAN LICENSE (600 HOURS OR
EQUIVALENT CREDIT):
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.
B. An 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.
C. Using the term or title of “medical esthetician” is not allowable under
the act. This term is misleading and
could be deemed deceptive or fraudulent.
[16.34.5.12 NMAC - Rp 16 NMAC 34.5.12, 6/16/2001; A, 10/4/2007; A, 8/29/2023]
16.34.5.13 ELECTROLOGIST LICENSE (600 HOURS OR
EQUIVALENT CREDIT): 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.
[16.34.5.13 NMAC - Rp 16 NMAC 34.5.13, 6/16/2001]
16.34.5.14 INSTRUCTOR LICENSE (1000 HOURS OR
EQUIVALENT CREDIT):
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.
B. Teaching or supervising unauthorized subjects or courses may lead to
revocation of the instructor license or other disciplinary action by the board.
[16.34.5.14 NMAC - Rp 16 NMAC 34.5.14, 6/16/2001]
16.34.5.15 [RESERVED]
[16.34.5.15 NMAC - Rp 16 NMAC 34.5.15, 6/16/2001; A, 12/17/2015; Repealed,
08/29/2023]
16.34.5.16 [RESERVED]
[16.34.5.16 NMAC - N, 12/17/2015; Repealed, 8/29/2023]
16.34.5.17 HAIRSTYLIST LICENSE (1200 HOURS OR EQUIVALENT):
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;
B. A hairstylist
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.
[16.34.5.17 - N, 7/14/2018]
HISTORY OF
16.34.5 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with State Records
Center and Archives under:
Rule 4, Regular
Licenses, 10/19/1993.
Rule 4, Regular
Licenses, 5/13/1994.
Rule 4, Regular
Licenses, 8/12/1994.
Rule 4, Regular
Licenses, 5/23/1995.
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 34.5,
Regular Licenses - Repealed, 6/16/2001.