54,212 sections across 3,422 New Mexico regulatory chapters.
R.16.34.5-16.34.5.2 SCOPE
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All barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists, manicurist/estheticians, instructors, electrologists, schools, enterprises and establishments.
R.16.34.5-16.34.5.3 STATUTORY AUTHORITY
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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, an…
R.16.34.5-16.34.5.4 DURATION
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Permanent
R.16.34.5-16.34.5.5 EFFECTIVE DATE
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June 16, 2001 unless a later date is cited in the history note at the end of a section.
R.16.34.5-16.34.5.6 OBJECTIVE
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Pursuant to the Barbers and Cosmetologists Act this part establishes licensure requirements for all courses of study.
R.16.34.5-16.34.5.7 DEFINITIONS
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Refer to 16.34.1 NMAC
R.16.34.5-16.34.5.8 GENERAL LICENSURE REQUIREMENTS
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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 …
R.16.34.5-16.34.5.9 BARBER LICENSE (1200 HOURS OR EQUIVALENT CREDIT)
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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 ch…
R.16.34.6-16.34.6.1 ISSUING AGENCY
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New Mexico Board of Barbers and Cosmetologists
R.16.34.6-16.34.6.10 EXPEDITED LICENSURE APPLICATION
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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 de…
R.16.34.6-16.34.6.11 EXPEDITED LICENSURE APPLICATION FOR MILITARY SERVICE MEMBERS AND VETERANS
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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 …
R.16.34.6-16.34.6.12 EXPEDITED LICENSE DURATION AND RENEWAL
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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 licen…
R.16.34.6-16.34.6.2 SCOPE
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The provisions in Part 6 of Chapter 34 apply to all applicants for expedited licensure.
R.16.34.6-16.34.6.3 STATUTORY AUTHORITY
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These rules are promulgated pursuant to the Barbers and Cosmetologists Act, Sections 61-17A-1 to -25 NMSA 1978.
R.16.34.6-16.34.6.4 DURATION
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Permanent.
R.16.34.6-16.34.6.5 EFFECTIVE DATE
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December 27, 2022, unless a later date is cited at the end of a section.
R.16.34.6-16.34.6.6 OBJECTIVE
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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.
R.16.34.6-16.34.6.7 DEFINITIONS
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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 expir…
R.16.34.6-16.34.6.8 LIST OF DISAPPROVED LICENSING JURISDICTIONS; REASONS
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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. Virg…
R.16.34.6-16.34.6.9 LIST OF APPROVED FOREIGN JURISDICTIONS [RESERVED]
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R.16.34.7-16.34.7.1 ISSUING AGENCY
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Regulation and Licensing Department, Board of Barbers and Cosmetologists
R.16.34.7-16.34.7.10 CHANGES OF OWNERSHIP
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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 …
R.16.34.7-16.34.7.11 SUPERVISION OF LICENSED PRACTICE
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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 ent…
R.16.34.7-16.34.7.12 PRACTICE IN UNLICENSED ENTERPRISES OR ESTABLISHMENTS
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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 l…
R.16.34.7-16.34.7.13 RESERVED
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R.16.34.7-16.34.7.14 SPECIAL EVENTS PERMIT
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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 th…
R.16.34.7-16.34.7.2 SCOPE
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All barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists, schools, enterprises and establishments.
R.16.34.7-16.34.7.3 STATUTORY AUTHORITY
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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.
R.16.34.7-16.34.7.4 DURATION
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Permanent
R.16.34.7-16.34.7.5 EFFECTIVE DATE
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June 16, 2001 unless a different date is cited in the history note at the end of a section.
R.16.34.7-16.34.7.6 OBJECTIVE
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Pursuant to the Barbers and Cosmetologists Act this part outlines establishment and outreach enterprise requirements.
R.16.34.7-16.34.7.7 DEFINITIONS
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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 …
R.16.34.7-16.34.7.8 APPLICATION AND REQUIREMENTS FOR ENTERPRISE OR ESTABLISHMENT LICENSE
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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,…
R.16.34.7-16.34.7.9 INFECTION CONTROL & SAFETY STANDARDS FOR ESTABLISHMENTS AND ENTERPRISES
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A. All licensees who operate enterprise or establishments, including outreach mobile units must comply with the following minimum infection control and safety standards. Failure to comply with these requirements may result in an administrative fine as provided in 16.34.15 NMAC of…
R.16.34.8-16.34.8.1 ISSUING AGENCY
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Regulation and Licensing Department, Board of Barbers and Cosmetologists
R.16.34.8-16.34.8.10 PHYSICAL REQUIREMENTS
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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 en…
R.16.34.8-16.34.8.11 EQUIPMENT, TEACHING AIDS
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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 a…
R.16.34.8-16.34.8.12 EXPANSION CAMPUS FACILITY
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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 …
R.16.34.8-16.34.8.13 REGULATIONS CONCERNING STUDENTS
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A. Student registration (1) When a school receives an application from a prospective student, it shall promptly notify the student of the registration requirements of the board. (2) It shall constitute a violation of the rules, within the meaning of the act, for a school to engag…
R.16.34.8-16.34.8.14 STUDENT SCHOOL GRIEVANCES
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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 d…
R.16.34.8-16.34.8.15 CURRICULUM
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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 traini…
R.16.34.8-16.34.8.16 CROSSOVER CREDITS
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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 otherwi…
R.16.34.8-16.34.8.17 STUDENT EXTERNSHIPS
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A. Students enrolled in any course licensed by this act may, at the school's option, participate in an externship program upon completion of seventy-fve percent of the contracted course of study. The externship program would allow students to train in a licensed establishment for…
R.16.34.8-16.34.8.18 REFRESHER COURSES
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A. Schools may offer a customized refresher course for individuals who have been out of school for 12 months or longer and not yet obtained licensure and to licensees who wish to re-enter school and update their professional skills. The following requirements must be met for thos…
R.16.34.8-16.34.8.19 SCHOOL TUITION REFUND AND SETTLEMENT POLICY
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A. In cases where students are regulated by federal or special program refund policies that policy prevails. The school must publish in its enrollment agreement or registration contract a refund policy that contains the following minimum guidelines: (1) If a student cancels the e…
R.16.34.8-16.34.8.2 SCOPE
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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.
R.16.34.8-16.34.8.20 SPECIAL EVENTS PERMIT
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A school desiring to sponsor a special event such as a fund-raiser, garage sale, telethon, etc. that will not be conducted at the licensed establishments, must first obtain approval from the board office. The purpose of prior approval is to ensure professional integrity and that …
R.16.34.8-16.34.8.21 STUDENT TRAINING - HIGH SCHOOL PROGRAMS
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A. Students enrolled in the career enrichment courses (CEC) or any other associate high school program must meet the following requirements before enrolling for any course as follows: (1) proof of completion of the second year of high school or its equivalent (i.e. only juniors a…
R.16.34.8-16.34.8.22 DISTANCE EDUCATION
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It is recognized that delivery of relevant course content can be achieved in a variety of methods including online learning and distance education. Programs such as Instructor training may be completely accomplished via distance learning. Practitioner programs are limited to no m…
R.16.34.8-16.34.8.23 ADVANCED TRAINING
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Educational programs provided for the purpose of continuing education or advanced education in a specific field of licensure that are more than 150 hours in length must be conducted in a licensed school and supervised by a licensed instructor whether or not the program leads to l…