Revised 7/14/2018 Page

CHAPTER 34

16.34.2.9 Custody and Alterations of Licenses

16.34.2.10 License Posted

16.34.2.11 Provision for Emergency License

16.34.2.12 Emergency License Termination

16.34.2.13 Expedited Licensure-Military Service Members, Souses & Veterans

16.34.2.14 Renewals Expedited Licensure-Military Service Members, Souses & Veterans

PART 3 Examinations Pg. 9

16.34.3.8 Notice of Examinations

16.34.3.9 Examination Scores

PART 4 Special Licenses Pg. 12

16.34.4.13 Qualified Instructors

16.34.4.14 Student Permit

16.34.4.15 Duplicate Licenses

PART 5 Regular Licenses Pg. 15

16.34.5.8 General Licensure Requirements

16.34.5.9 Barber License (1200 Hours or Equivalent Credit)

16.34.5.10 Cosmetologist (1600 Hours or Equivalent Credit)

16.34.5.11 Manicurist/Pedicurist License (400 Hours or Equivalent Credit)

PART 6 Licensing By Reciprocity: Credit for Out-of-State Training Pg. 19

16.34.6.8 Reciprocity

PART 7 Establishments and Enterprises Pg. 21

16.34.7.8 Application and Requirements for Enterprise or Establishment License

16.34.7.9 Infection Control & Safety Standards for Establishments and Enterprises

16.34.7.10 Changes of Ownership

16.34.7.11 Supervision of Licensed Practice

16.34.7.12 Practice in Unlicensed Enterprises or Establishments

Revised 7/14/2018

16.34.8.8 Application for Opening, Relocating, Changing Name of School

16.34.8.10 Physical Requirements

16.34.8.11 Equipment, Teaching Aids

16.34.8.12 Expansion Campus Facility

16.34.8.13 Regulations Concerning Students

16.34.8.14 Student School Grievance

16.34.8.15 Curriculum

16.34.8.16 Crossover Credits

16.34.8.17 Student Externships

16.34.8.18 Refresher Courses

16.34.8.19 School Registration: School Tuition Refund and Settlement Policy

16.34.9.9 Continuing Education Providers

16.34.9.10 Advanced Training

PART 10 Investigations and Confidentiality Pg. 54

16.34.10.8 Investigative Methods

16.34.10.9 Confidentiality of Investigations

16.34.10.10 Compliance with Board Requests

PART 11 Violations Pg. 56

16.34.11.8 Violations by Licensees

16.34.13.9 Inspections

16.34.13.10 Examination Procedures

16.34.13.11 Tele-Conference Meetings

16.34.13.12 Record Keeping-Fees

16.34.13.13 Petitions

PART 14 Fees Pg. 62

PART 15 Administrative Penalties and Fines Pg. 64

16.34.15.9 Cost Incurred for Hearings

PART 16 Parental Responsibility Act Compliance Pg. 66

16.34.16.14 Procedures

CHAPTER 34 BARBERS AND COSMETOLOGISTS

PART 1 GENERAL PROVISIONS

16.34.1.1 ISSUING AGENCY: Regulation and Licensing Department, Board of Barbers and

Cosmetologists.

[16.34.1.1 NMAC - Rp 16 NMAC 34.1.1, 6/16/2001]

16.34.1.2 SCOPE: All barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists, manicurist/

estheticians, instructors, electrologists, schools, enterprises and establishments.

[16.34.1.2 NMAC - Rp 16 NMAC 34.1.2, 6/16/2001; A, 7/14/2018]

16.34.1.3 STATUTORY AUTHORITY: Section 61-17A-2 NMSA1978 - Definitions

section.

[16.34.1.5 NMAC - Rp 16 NMAC 34.1.5, 6/16/2001]

16.34.1.6 OBJECTIVE: Pursuant to the Barbers and Cosmetologists Act this part establishes definitions.

[16.34.1.6 NMAC - Rp 16 NMAC 34.1.6, 6/16/2001]

16.34.1.7 DEFINITIONS: As used in the Barbers and Cosmetologists Act:

A. “applicant” means a person who has applied for a license;

B. “apprentice” means a person enrolled in a barber apprenticeship program approved by and

registered with the state apprenticeship agency;

D. “approved” means accepted as a provider by the board;

or upper part of the body, caring for and servicing wigs and hair pieces or removing of unwanted hair except by

means of electrology;

H. “board” means the board of barbers and cosmetologists;

I. “booth establishment license” means a license required of an individual who rents space within

another licensed establishment for the purpose of rendering licensed services as a separate, independent business;

J. “branch campus/additional location” means an additional location that provides the same

administrative services as the main campus, and offers at least one complete program entered into the programs

offered at the main campus; a branch campus/additional location must be approved by the board as a separate school

with a stand-alone license;

K. “clean or cleansing” means washing with liquid soap and water, detergent, antiseptics, or other

Revised 7/14/2018

person, manicuring and pedicuring the nails of a person, caring for and servicing wigs and hair pieces or removing

of unwanted hair except by means of electrology. A cosmetologist shall not perform any type of shaving using a

O. “current work experience” means verified work that has occurred within the previous five years;

P. “disinfect or disinfection” means the use of chemical agents (after cleaning) to destroy

potentially dangerous pathogens on non-porous items;

Q. “disinfectant” means an EPA-registered bactericidal, virucidal and fungicidal chemical effective

and UV light boxes are not approved for disinfection;

R. “electrologist” means a person, other than a student, who for compensation removes hair from or

destroys hair on the human body through the use of an electric current applied to the body with a needle-shaped

electrode or probe;

S. “electronic signature” means an electronic sound, symbol or process attached to or logically

licensed school to provide adequate space to train students who are enrolled through the primary facility and the

V. “establishment” means an immobile beauty shop, barbershop, electrology clinic, salon or similar

place of business in which cosmetology, barbering, eyebrow threading, hairstyling or electrolysis is performed;

W. “esthetician” means a person, other than a student, who for compensation uses cosmetic

preparations, including makeup applications, antiseptics, powders, oils, clays or creams or massaging, cleansing,

stimulating or manipulating the skin for the purpose of preserving the health and beauty of the skin and body or

performing similar work on any part of the body of a person; 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;

X. “eyebrow threading” means a method of hair removal in which a thin thread is doubled, twisted

and then rolled over areas of unwanted hair, removing the hair at the follicle level;

Y. “executive director” means the director for the board;

purposes that is separate, detached and apart from the primary facility and main address; its purpose is to allow the

receiving any compensation;

BB. “hairstylist” means a person, other than a student, who for compensation engages in hairstyling;

CC. “HSD” means the New Mexico human services department;

DD. “hands-on training” means student training on clients, students or models that includes active

personal participation and practical experience necessary to gain knowledge. Training on mannequins is considered

hands-on training;

EE. “instructor” means a person licensed to teach in a school of cosmetology, barbering or in a

school of electrology;

FF. “journey worker” means a person who holds a current New Mexico barber license; is recognized

by the sponsor as having attained and mastered a level of skill, abilities, and competencies in barbering and is

Revised 7/14/2018

JJ. “main campus” means a school, which has been licensed by the board; any change in location of

the main campus must comply with the procedures set forth in 16.34.8 NMAC of these rules; the main campus

within a two-mile radius;

KK. “manicurist-esthetician” means a person, other than a student, who for compensation performs

work on the nails of a person, applies nail extensions or products to the nails for the purpose of strengthening or

preserving the health and beauty of the hands or feet and who uses cosmetic preparations, including makeup

applications, antiseptics, powders, oils, clays or creams or massaging, cleansing, stimulating or manipulating the

skin for the purpose of preserving the health and beauty of the skin and body or performing similar work on any part

of the body of a person;

LL. “manicurist-pedicurist” means a person, other than a student, who for compensation performs

work on the nails of a person, applies nail extensions or products to the nails for the purpose of strengthening or

preserving the health and beauty of the hands or feet;

NN. “non-porous” means multi-use items such as metal, glass and plastic;

carrying both professional and special equipment used by a professional licensee of this act to a site or premises for

the purpose of providing professional services to the handicapped, restricted, homebound, impaired, incapacitated,

delicate, or otherwise constrained client;

PP. “sponsor” means the sponsor in whose name the standards of apprenticeship will be registered

with the state apprenticeship agency, and which will have the full responsibility for administration and operation of

a barber apprenticeship program;

QQ. “provider” means the person, firm, corporation, institution or agency approved to conduct or

sponsor a continuing education program and ensure its integrity;

RR. “reciprocity” means a mutual exchange of privileges between states;

SS. “revoke a license” means to prohibit the conduct authorized by the license;

of disease through the use of chemical agents or products;

WW. “state apprenticeship agency” means the department of workforce solutions’ state

apprenticeship agency;

XX. “statement of compliance” means a certified statement from HSD stating that an applicant or

licensee is in compliance with a judgment and order for support;

YY. “statement of non-compliance” means a certified statement from HSD stating that an applicant

or licensee is not in compliance with a judgment and order for support;

ZZ. “sterilize or sterilization” means to eliminate all forms of bacteria or other microorganisms;

AAA. “student” means a person enrolled in a school to learn or be trained in cosmetology, barbering or

electrolysis;

BBB. “supervising licensee” means licensee designated by the establishment owner or manager to act

Revised 7/14/2018

(2) certified and notarized statement by licensed co-worker(s);

(3) certified and notarized statement by client(s);

(5) copies of W-2’s;

[16.34.1.7 NMAC - Rp 16 NMAC 34.1.7, 6/16/2001; A, 7/16/2004; A, 10/4/2007; A, 12/17/2015; A, 10/29/2016;

A, 7/14/2018]

16 NMAC 34.1, General Provisions - Repealed, 6/16/2001.

Revised 7/14/2018

CHAPTER 34 BARBERS AND COSMETOLOGISTS

PART 2 LICENSING

16.34.2.1 ISSUING AGENCY: Regulation and Licensing Department, Board of Barbers and

Cosmetologists

[16.34.2.1 NMAC - Rp 16 NMAC 34.2.1, 06/16/2001]

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]

16.34.2.3 STATUTORY AUTHORITY: Section 61-17A-5 - License required to provide services for

[16.34.2.4 NMAC - Rp 16 NMAC 34.2.4, 06/16/2001]

16.34.2.5 EFFECTIVE DATE: June 16, 2001 unless a later date is cited in the history note at the end of a

section.

[16.34.2.5 NMAC - Rp 16 NMAC 34.2.5, 06/16/2001]

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]

A. Military service member: means a person who is serving in the armed forces of the United States

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;

Revised 7/14/2018

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

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.

form of a money order, cashier’s check, business check or credit card (no personal checks will be accepted).

(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

[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,

revoked, expired, or left by a licensee who is no longer employed at an establishment, an enterprise, an electrology

clinic, or school.

[16.34.2.9 NMAC - Rp 16 NMAC 34.2.9, 06/16/2001; A, 10/04/2007; A, 12/17/2015]

A. All licenses, except identification licenses, issued by the board shall be posted where clearly

visible to the public upon entry to the establishment at all times.

B. Licensees must attach a recent passport size colored photograph to the board issued license and

sign the license where indicated.

C. All licensees, who have been placed on probation, will be issued a license, which states the

Revised 7/14/2018

16.34.4.12 [RESERVED]

A. An eligible applicant may be issued an instructor license provided he or she submits a transcript

for a 1000-hour instructor training course or proof of two years of current and consecutive work experience and

passes the instructor licensing examination which can be taken only once for multiple licenses.

B. A provisional instructor license will be issued to an eligible applicant who meets the board

requirements and has completed three full years of current verified full time work experience as a practitioner in the

field in which he/she seeks licensure as an instructor under the following terms and conditions:

(1) The work experience must be current to ensure up-to-date knowledge in the field in

which the applicant seeks provisional licensure.

(4) To obtain an instructor license, the holder of a provisional instructor license must

instructor examination automatically voids the provisional instructor license. The provisional license must then be

returned to the board office.

(5) The holder of a provisional instructor license must sit for the licensing examination prior

to the expiration of the provisional license.

(6) No more than fifty percent of the total instructional staff at any licensed school in the

state of New Mexico may be licensed under this category. When determining ratios, more than one part-time

provisional instructor may be combined to count as one instructor.

[16.34.4.13 NMAC - Rp 16 NMAC 34.4.13, 06/16/2001; A, 10/04/2007; A, 04/12/2010; A, 12/17/2015]

the board office within 15 days of date of registration, the board will issue a student permit and permit number. The

days while waiting to test. Once the 90 days has expired the student permit must be turned into the state board

office and the student must terminate working at the licensed establishment. It is the responsibility of the licensed

establishment to monitor the expiration of the student permit. The student permit must be turned into the board with

initial licensure application as part of the application process. No extensions will be given after the 90 days has

terminated.

C. Student permits are the property of the board and must be returned to the board office with the

notice of termination or official transcript of credit by the school. Additional requirements applicable to student

permits are found in Paragraph 7 of Subsection A of 16.34.8.13 NMAC of these rules.

D. Student permits cannot be used outside a school environment without board approval.

E. Student permits are not to be used as a student externship permit as defined in 16.34.8.17 NMAC.

Revised 7/14/2018

Pre-NMAC History: The material in this part was derived from that previously filed with State Records Center

and Archives under:

Rule 3, Special Licenses, 3/8/1990

Rule 3, Special Licenses, 3/9/1992

Rule 3, Special Licenses, 10/19/1993

Rule 3, Special Licenses, 8/12/1994

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

16 NMAC 34.4, Special Licenses - Repealed, 6/16/2001

Revised 7/14/2018

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, 07/14/2018]

16.34.5.3 STATUTORY AUTHORITY: Sections 61-17A-5, 61-17A-7, 61-17A-8, 61-17A-9, 61-17A-10,

[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 NMAC - Rp 16 NMAC 34.5.7, 6/16/2001; A, 10/29/2016]

(3) 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 12 months or has successfully completed a barber apprenticeship program

registered by the state apprenticeship agency within the preceding 12 months;

(4) has paid the required fees as set forth in these rules; and

(5) 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) has an education equivalent to the completion of four years of high school; and

Revised 7/14/2018

[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, 07/14/2018]

the practitioner to perform the following services upon the upper part of the human body for cosmetic purposes:

A. shave or trim beards;

B. cut and style hair whether by hand or mechanical or electrical apparatus;

C. curl, wave, permanent wave or chemically relax the hair;

D. give facial and scalp massage or treatments with oils, creams, lotions or other preparations, either

by hand or mechanical appliances;

E. shampoo, bleach, dye, or apply tonics to the hair;

F. apply cosmetic preparations, antiseptics, powders, oils, clays or lotions to the scalp, face, neck or

upper parts of the body;

G. care for and service wigs and hairpieces; and

(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;

B. A cosmetologist shall not perform any type of shaving using a straight edge (or razor blade in any

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.

Revised 7/14/2018

(3) apply light therapy, high frequency and other types of facial treatments;

(4) use specialized skin care and facial machines in applying facial treatments;

part of the body of a person;

(6) perform 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, 10-04-07]

current applied to the body with an invasive, needle-shaped electrode or probe.

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.

salon business, but cannot teach or supervise other cosmetology, barbering, manicuring/pedicuring or electrology

license or other disciplinary action by the board.

[16.34.5.14 NMAC - Rp 16 NMAC 34.5.14, 6/16/2001]

A. A combined manicurist/esthetician 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

Revised 7/14/2018

(8) apply light therapy, high frequency and other types of facial treatments; and use

specialized skin care and facial machines in applying facial treatments;

(10) perform lash and brow tinting procedures; and

(11) remove superfluous or unwanted hair from the body of a person by any means except

electrolysis or other invasive techniques and shaving.

B. A manicurist/esthetician shall not treat an obviously infected ingrown toenail or use any technique

involving mechanical penetration of the skin beneath a callous or corn.

C. A manicurist/esthetician shall not perform facial services on any person with a communicable skin

disease.

D. A manicurist/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.

[16.34.5.15 NMAC - Rp 16 NMAC 34.5.15, 6/16/2001; A, 12/17/2015]

request that their licenses be combined.

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

(6) cut or trim beards with clippers or scissors only;

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.

16 NMAC 34.5, Regular Licenses - Repealed, 6/16/2001

Revised 7/14/2018

CHAPTER 34 BARBERS AND COSMETOLOGISTS

PART 6 LICENSING BY RECIPROCITY: CREDIT FOR OUT-OF-STATE TRAINING

16.34.6.1 ISSUING AGENCY: Regulation and Licensing Department, Board of Barbers and

Cosmetologists

[16.34.6.1 NMAC - Rp 16 NMAC 34.6.1, 06/16/2001]

16.34.6.2 SCOPE: All barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists, manicurist/

estheticians, instructors and electrologists licensed out-of-state.

[16.34.6.2 NMAC - Rp 16 NMAC 34.6.2, 06/16/2001; A, 07/14/2018]

16.34.6.3 STATUTORY AUTHORITY: Section 61-17A-17 - Licensure Under Prior Law - Endorsement.

16.34.6.4 DURATION: Permanent

16.34.6.5 EFFECTIVE DATE: June 16, 2001 unless a later date is cited in the history note at the end of a

section.

[16.34.6.5 NMAC - Rp 16 NMAC 34.6.5, 06/16/2001]

16.34.6.6 OBJECTIVE: Pursuant to the Barbers and Cosmetologists Act this part establishes requirements

of hours and qualifications for the out-of-state licensees requesting licensure in New Mexico.

[16.34.6.6 NMAC - Rp 16 NMAC 34.6.6, 06/16/2001]

16.34.6.7 DEFINITIONS: Refer to 16.34.1 NMAC

license by reciprocity, no more than fifty percent of the hours required for licensure by in-state applicants may be

obtained by work experience.

C. Full hours or work experience, out-of-state license. Any person who seeks licensure in the state of

New Mexico through reciprocity from any other state shall:

(1) furnish an affidavit from the state regulatory agency verifying:

(a) the number of hours completed;

(b) that the applicant holds a current license, and

(c) is in good standing with the state;

(2) furnish a certified transcript for the course of study if hours completed are not included in

the affidavit from the state regulatory agency;

Revised 7/14/2018

D. Foreign training. All foreign trained applicants must submit to the applicable examination. Refer

to 16.34.3 NMAC for requirements.

(1) An applicant who holds a valid license in another state and who needs additional training

not in excess of 100 hours may obtain the training hours in any state. Upon submitting proof of having acquired the

additional training hours, the applicant may then be licensed through reciprocity.

(2) An applicant licensed in a state where the course of study is not equivalent to New

Mexico’s may apply work experience or apprenticeship training hours, on a case by case basis, toward the training

requirements as stated in Subsection B of 16.34.6.8 NMAC, provided these hours do not exceed fifty percent of the

required hours in New Mexico. If the allowed hours credited from work experience or apprenticeship training meet

or exceed the equivalent of the New Mexico course of study, the applicant may obtain licensure through reciprocity.

(3) An applicant who cannot obtain a license through reciprocity with the previous training

and work experience, he will be required to obtain approval of the previous hours of training as stated in Subsection

the board who is also a licensee for approval.

The applicant must pass the jurisprudence exam with a minimum score of seventy-five percent or greater.

[16.34.6.8 NMAC - Rp 16 NMAC 34.6.8, 06/16/2001; A, 10/04/2007; A, 04/12/10; A, 12/17/2015; A, 10/29/2016;

A, 07/14/2018]

Pre-NMAC History: The material in this part was derived from that previously filed with State Records Center

and Archives under:

Article IV, Licensing by Reciprocity: Credit for Out-of-State Training, 12/21/1981

Article IV, Licensing By Reciprocity: Credit for Out-of-State Training, 3/24/1989

Rule 4, Licensing By Reciprocity: Credit for Out-of-State Training, 3/8/1990

Rule 5, Licensing By Reciprocity: Credit for Out-of-State Training, 10/19/1993

16 NMAC 34.6, Licensing By Reciprocity: Credit for Out-of-State Training - Repealed, 6/16/2001

Revised 7/14/2018

CHAPTER 34 BARBERS AND COSMETOLOGISTS

PART 7 ESTABLISHMENTS AND ENTERPRISES

16.34.7.1 ISSUING AGENCY: Regulation and Licensing Department, Board of Barbers and

Cosmetologists

[16.34.7.1 NMAC - Rp 16 NMAC 34.7.1, 6/16/2001]

16.34.7.2 SCOPE: All barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists, manicurist/

estheticians, instructors, electrologists, schools, enterprises and establishments.

[16.34.7.2 NMAC - Rp 16 NMAC 34.7.2, 06/16/2001; A, 07/14/2018]

16.34.7.3 STATUTORY AUTHORITY: Sections 61-17A-15, 61-17A-18 and 61-17A-19 of the Barbers

16.34.7.4 DURATION: Permanent.

16.34.7.5 EFFECTIVE DATE: June 16, 2001 unless a different date is cited in the history note at the end

of a section.

[16.34.7.5 NMAC - Rp 16 NMAC 34.7.5, 6/16/2001]

16.34.7.6 OBJECTIVE: Pursuant to the Barbers and Cosmetologists Act this part outlines establishment

and outreach enterprise requirements.

[16.34.7.6 NMAC - Rp 16 NMAC 34.7.6, 6/16/2001]

16.34.7.7 DEFINITIONS: The following definitions are recommended infection control standards used for

A. “clean or cleansing” means washing with liquid soap and water, detergent, antiseptics, or other

disinfecting using the following:

(1) implements and surfaces shall first be thoroughly cleaned of all visible debris prior to

disinfection. EPA-registered bactericidal, fungicidal and virucidal disinfectants become inactivated and ineffective

when visibly contaminated with debris, hair, dirt and particulates;

(2) some disinfectants may be sprayed on instruments, tools, or equipment to be disinfected;

(3) disinfectants in which implements are to be immersed shall be prepared fresh daily or

more often if solution becomes diluted or soiled; and

(4) these chemicals are harsh and may affect the long term use of scissors and other sharp

recommended.

Revised 7/14/2018

H. “single use items” means tools or supplies that come in contact with the public and are porous

(made of anything other than plastic, metal or glass) cannot be disinfected (including, but not limited to: disposable

waxing strip, wood sticks, cotton balls, nail wipes, disposable towels, pumice stones, flip flops, and porous files,

etc.) shall be disposed of immediately after use;

I. “sterilize or sterilization” means to eliminate all forms of bacteria or other microorganisms.

[16.34.7.1 NMAC - Rp 16 NMAC 34.7.1, 6/16/2001; A, 12/17/2015]

A. A completed official application for an enterprise or establishment license must be filed with the

board at least fifteen 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, business check or credit card for on-line

(4) incomplete applications will be returned; and

NMAC through 16.34.16 NMAC.

B. The application, if complete, may be administratively approved. A formal inspection of the

enterprise, outreach enterprise unit or establishment shall take place after the issuance of the license.

C. When an enterprise or establishment relocates within the state of New Mexico, the owner must

complete a new application and obtain approval, including inspection from the board to operate the business at the

new location, and pay the administrative fee.

D. If any portion of the establishment is completely segregated from the primary area, a duplicate

establishment license must be acquired and posted in the separate area. A duplicate license fee will be assessed.

E. All enterprise and establishment licenses must be renewed each year on the last day of the month

of original issue date.

entry to the establishment;

(3) a complete description of all services performed;

(4) implementation of proper program of identification of products during use and in storage

to avoid confusion as to products or their ingredients; such program shall include efforts to ensure that ingredient

information provided by manufacturers or distributors remains available with the product for use by licensed

professionals and clients.

(5) safety data sheet (SDS) must be current. A file containing pertinent information

regarding products. Hard copies MUST be available. Computer based storage or access may only be used when all

employees have access at all hours;

(6) a copy or access to the New Mexico board of barbers and cosmetologists statutes and

rules;