Chapter 61, Chapter 61

(Repealed effective July 1, 2036.) A. A person licensed as a barber, a cosmetologist, an esthetician, an electrologist, an instructor of cosmetology or barbering or an instructor of electrology, a manicurist- pedicurist or a person holding an establishment license, clinic license…

business. (Repealed effective July 1, 2036.) Every holder of a license issued pursuant to the Barbers and Cosmetologists Act shall notify the department of any change in place of business. A license shall be displayed conspicuously at the holder's place of business. History: Laws…

2036.) Each license shall be issued under the authority of the Barbers and Cosmetologists Act by the department in the name of the licensee. The license may not be the subject of a sale, transfer, assignment, conveyance, lease, bequest, gift or other means of transfer. History: L…

As used in the Barbers and Cosmetologists Act: A. "barber" means a person, other than a student, who for compensation engages in barbering; B. "board" means the board of barbers and cosmetologists; C. "cosmetologist" means a person, other than a student, who for compensation enga…

effective July 1, 2036.) A. The original issuance and renewal of licenses to practice as a barber, hairstylist, cosmetologist, instructor, esthetician, manicurist-pedicurist or electrologist shall be for a period of two years or less from the date of issuance. If the licensee fai…

a license. (Repealed effective July 1, 2036.) A. The board shall, in accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], issue a fine or penalty, restrict, refuse to issue or renew or shall suspend or revoke a license for any one or more…

The following persons are exempt from the provisions of the Barbers and Cosmetologists Act while in the discharge of their professional duties: A. persons licensed by the law of this state to practice medicine and surgery or chiropractic; B. commissioned medical or surgical offic…

Each of the following constitutes a misdemeanor punishable upon conviction by a fine of less than one thousand dollars ($1,000) or by imprisonment in the county jail for less than one year, or both, in the discretion of the court: A. the violation of any of the provisions of the …

effective July 1, 2036.) The provisions of the Criminal Offender Employment Act [28-2-1 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Barbers and Cosmetologists Act [61-17A-1 NMSA 1978]. History: Laws 1993, ch. 171, § 24.

effective July 1, 2036.) The board of barbers and cosmetologists is terminated on July 1, 2035 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Barbers and Cosmetologists Act until July 1, 2036. Effe…

Barbering includes any one or any combination of the following practices when done upon the upper part of the human body for cosmetic purposes for the public generally, upon male or female: A. shaving or trimming the beard or cutting the hair; B. curling and waving, including per…

Cosmetology means the practice of those services that include: A. arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, straightening or similar work upon the hair of a person, whether by hand or through the use of chemistry or of mechanical or electrical…

Hairstyling includes any one or any combination of the following practices when done upon the upper part of the male or female human body for cosmetic purposes for the public generally, using the hands or manual, mechanical or electrical implements or appliances: A. cleansing, ma…

A. Unless licensed pursuant to the Barbers and Cosmetologists Act or exempted from the provisions of that act, no person shall practice barbering, hairstyling or cosmetology for compensation either directly or indirectly. B. Unless licensed pursuant to the Barbers and Cosmetologi…

2036.) A. The "board of barbers and cosmetologists" is created. The board is administratively attached to the regulation and licensing department. The board consists of seven members appointed by the governor. Members shall serve three-year terms; provided that at the time of ini…

effective July 1, 2036.) A. The board shall: (1) adopt and file, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], rules necessary to carry out the provisions of the Barbers and Cosmetologists Act; (2) establish fees; (3) provide for the examination, licen…

July 1, 2036.) A. Except as provided in Subsection B of this section, a barber license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who: (1) is at least seventeen years of age; (2) has completed a course …

effective July 1, 2036.) A. Except as provided in Subsection B of this section, a hairstylist license shall be issued to a person who files a completed application, accompanied by the required fees and documentation, and who: (1) is at least seventeen years of age; (2) has comple…

effective July 1, 2036.) A. A cosmetologist license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who: (1) is at least seventeen years of age; (2) has completed a course in cosmetology of at least one thou…

Chapter 61, Article 17B NMSA 1978 may be cited as the "Body Art Safe Practices Act". History: Laws 2007, ch. 181, § 1; 2015, ch. 129, § 3.

An applicant denied a license or an operator or body artist whose license is suspended or revoked by the board may appeal pursuant to Section 39-3-1.1 NMSA 1978. History: Laws 2007, ch. 181, § 10.

A. The board may seek relief in district court to enjoin the operation of a body art establishment or the practice of a body artist not in compliance with the Body Art Safe Practices Act. B. The district court may impose a civil penalty not exceeding five hundred dollars ($500) f…

The Body Art Safe Practices Act provides minimum standards for safe body art practices. A municipality may by ordinance provide more stringent standards. History: Laws 2007, ch. 181, § 13.

2028.) A. The "board of body art practitioners" is created. The board is administratively attached to the regulation and licensing department and consists of five members appointed by the governor. Members shall serve three-year terms; provided that at the time of initial appoint…

2028.) A. The board shall: (1) in conjunction with the department of health, promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] necessary to implement the provisions of the Body Art Safe Practices Act; (2) establish fees; (3) establish stand…

July 1, 2028.) The "body art practitioners fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations; license fees and charges that are imposed by the board; and money otherwise accruing to the fund. Money in the fund is appropriated…

effective July 1, 2028.) The board of body art practitioners is terminated on July 1, 2027 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Body Art Safe Practices Act until July 1, 2028. Effective July 1, 2028, the Body Art Safe …

The purpose of the Body Art Safe Practices Act is to provide a safe and healthy environment for the administration of body art. History: Laws 2007, ch. 181, § 2.

As used in the Body Art Safe Practices Act: A. "board" means the board of body art practitioners; B. "body art" means tattooing, body piercing or scarification but does not include practices that are considered medical procedures by the New Mexico medical board; C. "body art esta…

2028.) The board has authority to issue a body art license to a body artist who has demonstrated the ability to perform body art and who conforms with the board's rules with respect to safety, sterilization and sanitation and a body art operator license to an operator who conform…

revocation; suspension. (Repealed effective July 1, 2028.) A. A body artist shall obtain a body art license, and an operator shall obtain a body art establishment license, the requirements for which shall be defined by the board by rules promulgated in accordance with the State R…

A. The board shall annually inspect body art establishments to determine compliance with the Body Art Safe Practices Act. An operator or body artist shall allow a board official, upon proper identification, to enter the premises, inspect all parts of the premises and inspect and …

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. B. A member …

July 1, 2028.) The board shall establish by rule requirements for: A. the use and disposal of equipment and instruments; provided that: (1) all sharps shall be sterilized prior to use; (2) single use items shall not be used on more than one client for any reason; and (3) all body…

The board may suspend a license immediately without prior notice to the holder of the license if it determines, after inspection, that conditions within a body art establishment present a substantial danger of illness, serious physical harm or death to customers who might patroni…

Chapter 61, Article 18A NMSA 1978 may be cited as the "Collection Agency Regulatory Act". History: Laws 1987, ch. 252, § 1; 2019, ch. 144, § 24.

A. An applicant for a manager's license shall be examined concerning his competency, experience and knowledge of law and regulations by the director and on such pertinent subjects as the director shall require. B. Examinations shall be practical in character and of such length, s…

The licensed manager to be actively in charge of a collection agency shall: A. have reached the age of majority; B. not have been convicted of a felony or crime involving moral turpitude; C. be a graduate of a high school or provide proof to the director that the licensed manager…

No application for license shall be approved by the director unless the applicant has met all requirements of the Collection Agency Regulatory Act and any rules and regulations established thereunder. When said requirements have been met, the director shall grant and issue a lice…

The director may deny any license: A. if the applicant has ever had a license or its equivalent revoked; B. if the applicant is or was a partner, officer, director, trustee, manager or stockholder of any partnership, corporation or unincorporated association the license of which …

No collection agency license shall be issued to any foreign corporation or partnership unless it has fully complied with the laws of the state of New Mexico so as to entitle it to do business in the state; provided that the foreign corporation or partnership shall establish and m…

A. Prior to the issuance of any collection agency or repossessor's license or renewal thereof a surety bond in the penal sum of five thousand dollars ($5,000), which may by regulation or order of the director be increased, shall be filed with the division. The bond shall run to t…

The license when issued shall state: A. that it is issued pursuant to the Collection Agency Regulatory Act and the rules and regulations established thereunder and that the licensee is duly authorized to conduct business under the Collection Agency Regulatory Act; B. the names of…

Upon receipt of the license, the licensee has the right to conduct the business of a collection agency, repossessor, manager or solicitor with all the powers and privileges applicable thereto, contained in but subject always to all the provisions of the Collection Agency Regulato…

license. A. Upon any change of street address from that stated in the collection agency or repossessor license or any change of the business name therein shown, the licensee shall, within five days thereafter, deposit the license and written notification of the change of address …

As used in the Collection Agency Regulatory Act: A. "division" means the financial institutions division of the regulation and licensing department; B. "director" means the director of the division or a duly authorized agent designated by the director; C. "collection agency" mean…

For the purpose of winding up the affairs and discontinuance or sale of the business of a licensee, in the event of death of the licensed manager or dissolution of a partnership, the director shall, upon proper application, issue a temporary license to the personal representative…

Application for a license for a branch office or offices may be made by any licensee. The application shall state the location and address of the branch office and the name and address of the person to be actively in charge. The application shall be accompanied by a rider or endo…

A. Every licensed office of a collection agency, whether a principal or branch office, shall be under the active charge of a licensed manager. Each manager's license shall be issued by the director upon qualification by the applicant and shall be renewed annually upon application…

Whenever a licensed manager ceases to be in charge of an office, the licensee shall notify the director in writing within ten days from such cessation. If the notice is given, the collection agency license shall remain in force for a reasonable period to be determined by the rule…