HOUSE BILL 54
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Andrea Romero
AN ACT
RELATING TO LICENSING; AMENDING THE BARBERS AND COSMETOLOGISTS ACT; ADDING REGULATION AND LICENSING DEPARTMENT DUTIES; REVISING BOARD OF BARBERS AND COSMETOLOGISTS DUTIES; REVISING LICENSING REQUIREMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-17A-2 NMSA 1978 (being Laws 1993, Chapter 171, Section 2, as amended by Laws 2017, Chapter 108, Section 1 and by Laws 2017, Chapter 112, Section 3) 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. "department" means the regulation and licensing department;
[D.] E. "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.] F. "enterprise" means a business venture, firm or organization;
[F.] G. "establishment" means an immobile beauty shop, barber shop, electrology clinic, salon or similar place of business in which cosmetology, barbering, eyebrow threading, hairstyling or electrolysis is performed;
[G.] H. "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.] I. "eyebrow threading" means a method of hair removal in which a thin thread is doubled, twisted and then rolled over areas of unwanted hair, plucking the hair at the follicle level;
[I.] J. "hairstylist" means a person, other than a student, who for compensation engages in hairstyling;
[J.] K. "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;
[K.] L. "sanitation" means the maintenance of sanitary conditions to promote hygiene and the prevention of disease through the use of chemical agents or products;
[L.] M. "school" means a public or private instructional facility approved by the board that teaches cosmetology, barbering or hairstyling; and
[M.] N. "student" means a person enrolled in a school to learn or be trained in cosmetology, barbering, hairstyling or electrolysis."
SECTION 2. 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--DEPARTMENT DUTIES.--
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, one member shall be a licensed 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].
F. The department shall:
(1) process and issue licenses to applicants who meet the requirements of the Barbers and Cosmetologists Act and board rules;
(2) investigate persons engaging in practices that may violate the provisions of the Barbers and Cosmetologists Act and report results of investigation to the board;
(3) approve the selection of and supervise primary staff assigned to the board;
(4) carry out the operations of the board to include budgetary expenditures;
(5) maintain records, including financial records; and
(6) keep a licensee record in which the names, addresses and license numbers of all licensees shall be recorded together with a record of all license renewals, suspensions and revocations."
SECTION 3. 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)] (5) keep a record of its proceedings and a register of applicants for licensure;
[(8)] (6) provide for the licensure of barbers, hairstylists, cosmetologists, manicurists-pedicurists, estheticians, electrologists, instructors, schools, enterprises and establishments;
[(9)] (7) establish administrative penalties and fines;
[(10)] (8) create and establish standards and fees for special licenses;
[(11)] (9) establish guidelines for schools to calculate tuition refunds for withdrawing students; and
[(12)] (10) 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 and rules adopted by the board."
SECTION 4. Section 61-17A-8 NMSA 1978 (being Laws 1993, Chapter 171, Section 8, as amended) is amended to read:
"61-17A-8. LICENSURE REQUIREMENTS--BARBERS.--
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) has an education equivalent to the completion of the second year of high school;
(2)] (1) is at least seventeen years of age;
[(3)] (2) has completed a course in barbering of at least one thousand two hundred hours, or equivalent credits, in a school or apprenticeship approved by the board; and
[(4)] (3) has passed an examination approved by the board.
B. A barbering 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)] (3) of Subsection A of this section and shows proof of having successfully completed a registered barbering apprenticeship approved by the state apprenticeship agency and the board of barbers and cosmetologists.
C. The holder of a barber license has the right and privilege to use the title "barber", and the initials "R.B." following the holder's surname and to use a barber pole, the traditional striped, vertical emblem of the barbering trade."
SECTION 5. Section 61-17A-8.1 NMSA 1978 (being Laws 2017, Chapter 112, Section 2) is amended to read:
"61-17A-8.1. 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)] (1) is at least seventeen years of age;
[(3)] (2) has completed a course in hairstyling of at least one thousand two hundred hours in a school approved by the board; and
[(4)] (3) 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, and meets the requirements of Paragraphs (1) through [(4)] (3) of Subsection A of this section.
C. The holder of a hairstylist license has the right and privilege to use the title "hairstylist"."
SECTION 6. Section 61-17A-9 NMSA 1978 (being Laws 1993, Chapter 171, Section 9, as amended) is amended to read:
"61-17A-9. LICENSURE REQUIREMENTS--COSMETOLOGISTS.--
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 an education equivalent to the completion of the second year of high school;
(3)] (2) has completed a course in cosmetology of at least one thousand six hundred hours at a school approved by the board; and
[(4)] (3) has passed an examination approved by the board.
B. The name of a licensed cosmetologist may be immediately followed by the initials "R.C.", as a right and privilege of licensure."
SECTION 7. Section 61-17A-11 NMSA 1978 (being Laws 1993, Chapter 171, Section 11, as amended) is amended to read:
"61-17A-11. LICENSURE OF INSTRUCTORS.--
A. A cosmetologist instructor license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who:
(1) is a licensed cosmetologist;
[(2) has completed at least a four-year high school course of study or its equivalent as approved by the board;
(3)] (2) has met all requirements established by the board; and
[(4)] (3) has passed an examination approved by the board.
B. A barber instructor license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who:
(1) is a licensed barber;
[(2) has completed at least a four-year high school course of study or its equivalent as approved by the board;
(3)] (2) has met all requirements established by the board; and
[(4)] (3) has passed an examination approved by the board.
C. An electrologist instructor license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence of compliance with all requirements established by the board.
D. The name of a licensed instructor may be immediately followed by the initials "R.I.", as a right and privilege of licensure."
SECTION 8. Section 61-17A-17 NMSA 1978 (being Laws 1993, Chapter 171, Section 17, as amended) is amended to read:
"61-17A-17. LICENSURE UNDER PRIOR LAW--ENDORSEMENT.--
A. [Any] 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 [any] a person holding an establishment license, clinic license or school owner's license under [any] prior laws of this state, which license is valid on [the effective date of the Barbers and Cosmetologists Act] June 18, 1993, shall be held to be licensed under the provisions of [that] the Barbers and Cosmetologists Act and shall be entitled to the renewal of [his] the person's license as provided in that act.
B. The board may grant a license pursuant to the provisions of the Barbers and Cosmetologists Act without an examination, upon payment of the required fee, provided that the applicant:
(1) holds a current license from another state, territory or possession of the United States or the District of Columbia that has training hours and qualifications similar to or exceeding those required for licensure in New Mexico; and
(2) meets all other requirements for reciprocity as determined by [regulation] rule of the board."
SECTION 9. Section 61-17A-18 NMSA 1978 (being Laws 1993, Chapter 171, Section 18, as amended) is amended to read:
"61-17A-18. LICENSE TO BE DISPLAYED--NOTICE OF CHANGE OF PLACE OF BUSINESS.--Every holder of a license issued pursuant to the Barbers and Cosmetologists Act shall notify the [executive director] department of any change in place of business. [Upon receipt of the notification, the executive director shall make the necessary change in the books] A license shall be displayed conspicuously at the holder's place of business."
SECTION 10. Section 61-17A-19 NMSA 1978 (being Laws 1993, Chapter 171, Section 19) is amended to read:
"61-17A-19. LICENSE NONTRANSFERABLE.--Each license shall be issued under the authority of the Barbers and Cosmetologists Act by the [board] 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."
SECTION 11. Section 61-17A-21 NMSA 1978 (being Laws 1993, Chapter 171, Section 21, as amended) is amended to read:
"61-17A-21. GROUNDS FOR REFUSAL TO ISSUE, RENEW, SUSPEND OR REVOKE A LICENSE.--
A. The board shall, in accordance with the provisions of the Uniform Licensing Act, issue a fine or penalty, restrict, refuse to issue or renew or shall suspend or revoke a license for any one or more of the following causes:
(1) the commission of any offense described in the Barbers and Cosmetologists Act;
(2) the violation of any sanitary regulation promulgated by the board;
(3) malpractice or incompetency;
(4) advertising by means of knowingly false or deceptive statements;
(5) [habitual drunkenness or habitual addiction to the use of habit-forming drugs] working in a capacity regulated pursuant to the provisions of the Barbers and Cosmetologists Act while under the influence of intoxicating liquor or drugs;
(6) continuing to practice in or be employed by an establishment, an enterprise, a school or an electrology clinic in which the sanitary [regulations] rules of the board, of the department of health or of any other lawfully constituted board or state agency, promulgated for the regulation of establishments, enterprises, schools or electrology clinics, are known by the licensee to be violated;
(7) default of a licensee on a student loan;
(8) gross continued negligence in observing the rules and regulations;
(9) renting, loaning or allowing the use of the license to any person not licensed under the provisions of the Barbers and Cosmetologists Act;
(10) dishonesty or unfair or deceptive practices;
(11) sexual, racial or religious harassment;
(12) conduct of illegal activities in an establishment, enterprise, school or electrology clinic or by a licensee; or
[(13) conviction of a crime involving moral turpitude; or
(14)] (13) aiding, abetting or conspiring to evade or violate the provisions of the Barbers and Cosmetologists Act.
B. Any license suspended or revoked shall be delivered to the [board] department or any agent of the [board] department upon demand."
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