54,212 sections across 3,422 New Mexico regulatory chapters.
R.16.34.8-16.34.8.3 STATUTORY AUTHORITY
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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.
R.16.34.8-16.34.8.4 DURATION
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Permanent
R.16.34.8-16.34.8.5 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.16.34.8-16.34.8.6 OBJECTIVE
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Pursuant to the Barbers and Cosmetologists Act this part establishes the standards for opening, relocating and name change for schools governed by the act.
R.16.34.8-16.34.8.7 DEFINITIONS
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Refer to Part 1
R.16.34.8-16.34.8.8 APPLICATION FOR OPENING, RELOCATING, CHANGING NAME OF A SCHOOL
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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 o…
R.16.34.8-16.34.8.9 GENERAL REQUIREMENTS
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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 clin…
R.16.34.9-16.34.9.1 ISSUING AGENCY
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Regulation and Licensing Department, Board of Barbers and Cosmetologists
R.16.34.9-16.34.9.10 RESERVED
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R.16.34.9-16.34.9.2 SCOPE
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All barbers, cosmetologists, estheticians, manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists, and providers.
R.16.34.9-16.34.9.3 STATUTORY AUTHORITY
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Section 61-17A-7 - Board Powers and Duties - This authorizes the board to establish continuing education requirements for licensure renewal.
R.16.34.9-16.34.9.4 DURATION
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Permanent
R.16.34.9-16.34.9.5 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.16.34.9-16.34.9.6 OBJECTIVE
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Pursuant to the Barbers and Cosmetologists Act this part establishes continuing education requirements for licensees and to set guidelines for continuing education providers.
R.16.34.9-16.34.9.7 DEFINITIONS
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Refer to Part 1
R.16.34.9-16.34.9.8 CONTINUING EDUCATION REQUIREMENTS
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A. Providers of continuing education are listed below. The licensee must provide proof of attendance with license renewal. Educational programs provided for the purpose of continuing or advanced education must be specific to the field of licensure. (1) cosmetology educators of Am…
R.16.34.9-16.34.9.9 RESERVED
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R.16.36.1-16.36.1.1 ISSUING AGENCY
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Board of Body Art Practitioners.
R.16.36.1-16.36.1.10 EXEMPTIONS
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A. A person who pierces only the outer perimeter of the ear, not including any cartilage, using a pre-sterilized encapsulated single use stud ear piercing system, implementing appropriate procedures, is exempt from the requirements of the Body Art Safe Practices Act, Section 61-1…
R.16.36.1-16.36.1.11 MUNICIPALITIES
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The Body Art Safe Practices Act (61-17B-1 NMSA 1978) provides minimum standards for safe body art practices. A municipality may by ordinance provide more stringent standards.
R.16.36.1-16.36.1.12 ELECTRONIC SIGNATURES
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Electronic signatures will be acceptable for body artist practitioner and establishment applications, renewal applications and forms pursuant to the Uniform Electronic Transactions Act, Section 14-16-1 NMSA 1978.
R.16.36.1-16.36.1.2 SCOPE
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Any person licensed to practice body art tattoo, piercing, scarification and all operators.
R.16.36.1-16.36.1.3 STATUTORY AUTHORITY
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These rules are promulgated pursuant to the Body Art Safe Practices Act, Section 61-17B-3, 61-17B-5, 61-17B-7 and 61-17B-13.
R.16.36.1-16.36.1.4 DURATION
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Permanent
R.16.36.1-16.36.1.5 EFFECTIVE DATE
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February 4, 2016, unless a later date is cited at the end of a section.
R.16.36.1-16.36.1.6 OBJECTIVE
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To define terms relevant to body art, custody and alteration of licenses, license posted, exemptions and municipalities
R.16.36.1-16.36.1.7 DEFINITIONS
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As used in these regulations, the following words and phrases have the following meanings, unless the context or intent clearly indicates a different meaning. A. "Aftercare" means written instructions given to the client, specific to the body piercing or tattooing procedure(s) re…
R.16.36.1-16.36.1.8 CUSTODY AND ALTERATION OF LICENSES
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A. Licenses issued by the board are at all times the property of the board, and may remain in the custody of the licensee only as long as the licensee complies with the act and board rules. B. Licenses shall not be altered in any way. C. Inspectors or board designees may retrieve…
R.16.36.1-16.36.1.9 LICENSES POSTED
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A. All official board issuedlicenses, except identification licenses, issued by the board shall be posted where clearly visible to the public upon entry of the establishment. B. Licensees must attach a recent passport size colored photograph to the board issued license and sign t…
R.16.36.10-16.36.10.1 ISSUING AGENCY
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Board of Body Art Practitioners.
R.16.36.10-16.36.10.10 APPLICATION FOR BODY PIERCING-SCARIFICATION PRACTITIONER LICENSE
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A. Application forms: (1) Applications shall be made on the official form provided by the board. Incomplete applications will be returned. All applications are valid for one year from date received. All fees are non-refundable. (2) Applications for licensure must include:(a) a co…
R.16.36.10-16.36.10.11 RESERVED
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R.16.36.10-16.36.10.12 PROOF OF COMPLETION OF TRAINING PROGRAM
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Proof shall be provided with the original application that the applicant has, at a minimum, completed the following training prior to making application for a license as a body piercing scarification practitioner, or body art operator. Such training must include: A. a board appro…
R.16.36.10-16.36.10.13 BODY PIERCING - SCARIFICATION APPRENTICESHIP TRAINING AND EXAMINATION REQUIREMENTS
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A. Upon successful completion of apprenticeship program, an applicant for original piercing-scarification practitioner license shall provide proof of having completed an apprenticeship program. The 100 hours of theory can be taught in a group training but the 1100 hours of practi…
R.16.36.10-16.36.10.14 EXPIRED LICENSE
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A. An applicant whose license has been expired for one year but less than two years shall submit an application, payment of all renewal fees to bring the license current, proof of completion of blood borne pathogens training within the prior 12 months, current CPR and first aid c…
R.16.36.10-16.36.10.15 CROSSOVER HOURS
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Individuals who are licensed in one discipline may transfer 100 hours of orientation toward their apprenticeship in another discipline, if they have at least one year of full time, verified work experience in a licensed establishment and complete the remaining required hours for …
R.16.36.10-16.36.10.16 CREDIT GRANTED FOR SUBSTANTIALLY EQUIVELENT TRAINING AND EXPERIENCE
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A. An applicant for licensure as a body artist may be granted credit for training and experience obtained from any source, whether within or outside New Mexico. The applicants training and experience meets the training and experience required under the applicable provisions of th…
R.16.36.10-16.36.10.17 ADDITIONAL TRAINING REQUIREMENTS
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If the board determines that an applicant's training and experience is not substantially equivalent to the training and experience required under the applicable provisions of the Body Art Safe Practices Act and the regulations promulgated by the board pursuant to the Act, it may …
R.16.36.10-16.36.10.2 SCOPE
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Any person licensed to practice body piercing-scarification under the Body Art Safe Practices Act.
R.16.36.10-16.36.10.3 STATUTORY AUTHORITY
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These rules are promulgated pursuant to the Body Art Safe Practices Act, Section 61-17B-5 NMSA 1978.
R.16.36.10-16.36.10.4 DURATION
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Permanent
R.16.36.10-16.36.10.5 EFFECTIVE DATE
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February 3, 2022, unless a later date is cited at the end of a section.
R.16.36.10-16.36.10.6 OBJECTIVE
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To outline the application process, training and examination requirements and the renewal procedures.
R.16.36.10-16.36.10.7 DEFINITIONS
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[RESERVED]
R.16.36.10-16.36.10.8 APPRENTICE LICENSE APPLICATION FOR BODY PIERCING-SCARIFICATION
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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. Incomplete applications will be returned. Designated deadlines will apply to resubmitted applications. All applica…
R.16.36.10-16.36.10.9 SPONSOR LICENSE APPLICATION FOR BODY PIERCING-SCARIFICATION
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A. A licensee may be approved to sponsor only one body piercing-scarification apprentice at a time. Incomplete applications will be returned. All applications are valid for one year from date received. A complete application includes: (1) non-refundable application fee; (2) a cur…
R.16.36.2-16.36.2.1 ISSUING AGENCY
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Board of Body Art Practitioners.
R.16.36.2-16.36.2.10 APPLICATION FOR BODY ART TATTOO PRACTITIONER LICENSE
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A. Application forms: (1) Applications shall be made on the official form provided by the board. Incomplete applications will be returned. All applications are valid for one year from date received. All fees are non-refundable. (2) Applications for licensure must include:(a) a co…
R.16.36.2-16.36.2.11 RESERVED
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R.16.36.2-16.36.2.12 RESERVED
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