HOUSE BILL 375
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Monica Youngblood
AN ACT
RELATING TO LICENSING; AMENDING AND ENACTING SECTIONS OF THE BARBERS AND COSMETOLOGISTS ACT TO PROVIDE FOR A HAIRSTYLIST LICENSE; REVISING THE COMPOSITION OF THE BOARD OF BARBERS AND COSMETOLOGISTS TO INCLUDE A HAIRSTYLIST.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Barbers and Cosmetologists Act is enacted to read:
"[NEW MATERIAL] HAIRSTYLING DEFINED.--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, massaging or stimulating the scalp with oils, creams, lotions or other cosmetic or chemical preparations;
B. applying cosmetic or chemical preparations, antiseptics, powders, oils, clays or lotions to the scalp;
C. cutting, arranging, applying hair extensions to or styling the hair by any means;
D. cleansing, coloring, lightening, waving or straightening the hair with cosmetic or chemical preparations; or
E. trimming a person's beard."
SECTION 2. A new section of the Barbers and Cosmetologists Act is enacted to read:
"[NEW MATERIAL] LICENSURE REQUIREMENTS--HAIRSTYLISTS.--
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) has an education equivalent to the completion of the second year of high school;
(2) is at least seventeen years of age;
(3) has completed a course in hairstyling of at least one thousand two hundred hours in a school or apprenticeship approved by the board; and
(4) has passed an examination approved by the board.
B. A hairstylist license shall be issued to a person who files a completed application, accompanied by the required fees and documentation, meets the requirements of Paragraphs (1) through (4) of Subsection A of this section and shows proof of having successfully completed a registered hairstyling apprenticeship approved by the state apprenticeship agency and the board.
C. The holder of a hairstylist license has the right and privilege to use the title "hairstylist"."
SECTION 3. Section 61-17A-2 NMSA 1978 (being Laws 1993, Chapter 171, Section 2, as amended) is amended to read:
"61-17A-2. DEFINITIONS.--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 engages in cosmetology;
D. "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;
E. "enterprise" means a business venture, firm or organization;
F. "establishment" means an immobile beauty shop, barber shop, electrology clinic, salon or similar place of business in which cosmetology, barbering, hairstyling or electrolysis is performed;
G. "esthetician" means a person, other than a student, who for compensation:
(1) uses cosmetic preparations, including makeup applications, antiseptics, powders, oils, clays or creams, for the purpose of preserving the health and beauty of the skin and body;
(2) massages, cleans, stimulates or manipulates the skin for the purpose of preserving the health and beauty of the skin and body; or
(3) performs activities similar to the activities described in Paragraph (1) or (2) of this subsection on any part of the body of a person;
H. "hairstylist" means a person, other than a student, who for compensation engages in hairstyling;
[H.] I. "manicurist-pedicurist" means a person, other than a student, who for compensation performs work on the nails of a person and applies nail extensions or products to the nails for the purpose of strengthening or preserving the health and beauty of the hands or feet;
[I.] J. "sanitation" means the maintenance of sanitary conditions to promote hygiene and the prevention of disease through the use of chemical agents or products;
[J.] K. "school" means a public or private instructional facility approved by the board that teaches cosmetology [or], barbering or hairstyling; and
[K.] L. "student" means a person enrolled in a school to learn or be trained in cosmetology, barbering, hairstyling or electrolysis."
SECTION 4. Section 61-17A-5 NMSA 1978 (being Laws 1993, Chapter 171, Section 5, as amended) is amended to read:
"61-17A-5. LICENSE REQUIRED.--
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 Cosmetologists Act, no person shall operate a school or establishment for compensation.
C. Unless licensed pursuant to the Barbers and Cosmetologists Act or exempted from the provisions of that act, no person shall teach barbering, hairstyling, cosmetology or electrology for compensation.
D. Unless licensed by the board pursuant to the Barbers and Cosmetologists Act, no person shall practice as a manicurist-pedicurist, esthetician or electrologist for compensation."
SECTION 5. Section 61-17A-6 NMSA 1978 (being Laws 1993, Chapter 171, Section 6, as amended) is amended to read:
"61-17A-6. BOARD CREATED--MEMBERSHIP.--
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 initial appointment, the governor shall appoint members to abbreviated terms to allow staggering of subsequent appointments. Vacancies shall be filled in the manner of the original appointment.
B. Of the seven members of the board, five shall be licensed pursuant to the Barbers and Cosmetologists Act and shall have at least five years' practical experience in their respective occupations. Of those five, [two members] one member shall be a licensed [barbers] barber, one member shall be a licensed hairstylist, two members shall be licensed cosmetologists and one member shall represent school owners. The remaining two members shall be public members. Neither the public members nor their spouses shall have ever been licensed pursuant to the provisions of the Barbers and Cosmetologists Act or similar prior legislation or have a financial interest in a school or establishment.
C. Members of the board shall be reimbursed pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
D. The board shall elect from among its members a chair and such other officers as it deems necessary. The board shall meet at the call of the chair, not less than four times each year. A majority of members currently serving shall constitute a quorum for the conduct of business.
E. No board member shall serve more than two full consecutive terms and any member who fails to attend, after proper notice, three meetings shall automatically be recommended for removal unless excused for reasons set forth by board rule."
SECTION 6. Section 61-17A-7 NMSA 1978 (being Laws 1993, Chapter 171, Section 7, as amended) is amended to read:
"61-17A-7. BOARD POWERS AND DUTIES.--
A. The board shall:
(1) adopt and file, in accordance with the State Rules Act, rules necessary to carry out the provisions of the Barbers and Cosmetologists Act;
(2) establish fees;
(3) provide for the examination, licensure and license renewal of applicants for licensure;
(4) establish standards for and provide for the examination, licensure and license renewal of manicurists- pedicurists, estheticians and electrologists;
(5) adopt a seal;
(6) furnish copies of rules and sanitary requirements adopted by the board to each owner or manager of an establishment, enterprise or school;
(7) keep a record of its proceedings and a register of applicants for licensure;
(8) provide for the licensure of barbers, hairstylists, cosmetologists, manicurists-pedicurists, estheticians, electrologists, instructors, schools, enterprises and establishments;
(9) establish administrative penalties and fines;
(10) create and establish standards and fees for special licenses;
(11) establish guidelines for schools to calculate tuition refunds for withdrawing students; and
(12) issue cease and desist orders to persons violating the provisions of the Barbers and Cosmetologists Act and rules promulgated in accordance with that act.
B. The board may establish continuing education requirements as requirements for licensure.
C. A member of the board, its employees or agents may enter and inspect a school, enterprise or establishment at any time during regular business hours for the purpose of determining compliance with the Barbers and Cosmetologists Act."
SECTION 7. Section 61-17A-16 NMSA 1978 (being Laws 1993, Chapter 171, Section 16, as amended) is amended to read:
"61-17A-16. FEES.--The board may, by [regulation] rule, establish initial license and renewal fees not to exceed the following:
establishment license. . . . . . . . . . .$200
school license . . . . . . . . . . . . . .$600
relocation of a school . . . . . . . . . .$300
cosmetologist license . . . . . . . . . .$ 50.00
barber license . . . . . . . . . . . . . .$ 50.00
hairstylist license . . . . . . . . . . .$ 50.00
specialty license. . . . . . . . . . . . .$ 50.00
instructor license . . . . . . . . . . . .$ 50.00
duplicate license. . . . . . . . . . . . .$ 50.00
temporary license. . . . . . . . . . . . .$ 25.00
administrative fee. . . . . . . . . . . . $100
limited license fee. . . . . . . . . . . .$100
licensure through reciprocity. . . . . . .$200
transcript . . . . . . . . . . . . . . . .$ 50.00
examinations . . . . . . . . . . . . . . .$100."
SECTION 8. Section 61-17A-20 NMSA 1978 (being Laws 1993, Chapter 171, Section 20, as amended) is amended to read:
"61-17A-20. DURATION, RESTORATION AND RENEWAL OF LICENSES.--
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 one year or less from the date of issuance. If the licensee fails to renew the license for the next year, the license is void; provided the license may be restored at any time during the year following expiration upon the payment of the appropriate fee and a late charge not to exceed one hundred dollars ($100) as set forth by board rules. If the licensee fails to restore the license within one year following its expiration, the licensee may request restoration of the license pursuant to rules promulgated by the board.
B. The original issuance and annual renewal of licenses to operate an establishment or school shall be for a period of twelve months or less following the issuance of the license. If the licensee fails to renew the license within thirty days after its expiration, the license is void, and, to again obtain a license, an application, required documentation, payment of the renewal fee and a late fee not to exceed one hundred dollars ($100) as established by board rules is required.
C. The board may establish a staggered system of license expiration."
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