0001| AN ACT | 0002| RELATING TO BARBERS AND COSMETOLOGISTS; AMENDING AND REPEALING CERTAIN | 0003| SECTIONS OF THE NMSA 1978. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. Section 61-17A-2 NMSA 1978 (being Laws 1993, Chapter | 0007| 171, Section 2) is amended to read: | 0008| "61-17A-2. DEFINITIONS.--As used in the Barbers and | 0009| Cosmetologists Act: | 0010| A. "barber" means a person, other than a student, who for | 0011| compensation engages in barbering; | 0012| B. "board" means the board of barbers and cosmetologists; | 0013| C. "cosmetologist" means a person, other than a student, | 0014| who for compensation engages in cosmetology; | 0015| D. "electrologist" means a person, other than a student, | 0016| who for compensation removes hair from or destroys hair on the human | 0017| body through the use of an electric current applied to the body with a | 0018| needle-shaped electrode or probe; | 0019| E. "enterprise" means a business venture, firm or | 0020| organization; | 0021| F. "establishment" means an immobile beauty shop, barber | 0022| shop, electrology clinic, salon or similar place of business in which | 0023| cosmetology, barbering or electrolysis is performed; | 0024| G. "esthetician" means a person, other than a student, who | 0025| for compensation: | 0001| (1) uses cosmetic preparations, including makeup | 0002| applications, antiseptics, powders, oils, clays or creams for the | 0003| purpose of preserving the health and beauty of the skin and body; | 0004| (2) massages, cleans, stimulates or manipulates the | 0005| skin for the purpose of preserving the health and beauty of the skin | 0006| and body; or | 0007| (3) performs activities similar to the activities | 0008| described in Paragraph (1) or (2) of this subsection on any part of | 0009| the body of a person; | 0010| H. "manicurist-pedicurist" means a person, other than a | 0011| student, who for compensation performs work on the nails of a person | 0012| and applies nail extensions or products to the nails for the purpose | 0013| of strengthening or preserving the health and beauty of the hands or | 0014| feet; | 0015| I. "sanitation" means the maintenance of sanitary | 0016| conditions to promote hygiene and the prevention of disease through | 0017| the use of chemical agents or products; | 0018| J. "school" means a public or private instructional | 0019| facility approved by the board that teaches cosmetology or barbering; | 0020| and | 0021| K. "student" means a person enrolled in a school to learn | 0022| or be trained in cosmetology, barbering or electrolysis." | 0023| Section 2. Section 61-17A-5 NMSA 1978 (being Laws 1993, Chapter | 0024| 171, Section 5) is amended to read: | 0025| "61-17A-5. LICENSE REQUIRED .-- | 0001| A. Unless licensed pursuant to the Barbers and | 0002| Cosmetologists Act or exempted from the provisions of that act, no | 0003| person shall practice barbering or cosmetology for compensation either | 0004| directly or indirectly. | 0005| B. Unless licensed pursuant to the Barbers and | 0006| Cosmetologists Act, no person shall operate a school or establishment | 0007| for compensation. | 0008| C. Unless licensed pursuant to the Barbers and | 0009| Cosmetologists Act or exempted from the provisions of that act, no | 0010| person shall teach barbering, cosmetology or electrology for | 0011| compensation. | 0012| D. Unless licensed by the board pursuant to the Barbers and | 0013| Cosmetologists Act, no person shall practice as a manicurist- | 0014| pedicurist, esthetician or electrologist for compensation." | 0015| Section 3. Section 61-17A-6 NMSA 1978 (being Laws 1993, Chapter | 0016| 171, Section 6) is amended to read: | 0017| "61-17A-6. BOARD CREATED--MEMBERSHIP.-- | 0018| A. The "board of barbers and cosmetologists" is created. | 0019| The board shall be administratively attached to the regulation and | 0020| licensing department. The board shall consist of nine members | 0021| appointed by the governor. Members shall serve three-year terms; | 0022| provided that at the time of initial appointment, the governor shall | 0023| appoint members to abbreviated terms to allow staggering of subsequent | 0024| appointments. Vacancies shall be filled in the manner of the original | 0025| appointment. | 0001| B. Of the nine members of the board, five shall be licensed | 0002| pursuant to the Barbers and Cosmetologists Act and shall have at least | 0003| five years' practical experience in their respective occupations. Of | 0004| those five, two members shall be licensed barbers, two members shall | 0005| be licensed cosmetologists and one member shall represent school | 0006| owners. The remaining four members shall be public members. Neither | 0007| the public members nor their spouses shall have ever been licensed | 0008| pursuant to the provisions of the Barbers and Cosmetologists Act or | 0009| similar prior legislation or have a financial interest in a school or | 0010| establishment. | 0011| C. Members of the board shall be reimbursed pursuant to the | 0012| Per Diem and Mileage Act and shall receive no other compensation, | 0013| perquisite or allowance. | 0014| D. The board shall elect from among its members a chairman | 0015| and such other officers as it deems necessary. The board shall meet | 0016| at the call of the chairman, not less than four times each year. A | 0017| majority of members currently serving shall constitute a quorum for | 0018| the conduct of business. | 0019| E. No board member shall serve more than two full | 0020| consecutive terms and any member who fails to attend, after proper | 0021| notice, three meetings shall automatically be recommended for removal | 0022| unless excused for reasons set forth by board regulation." | 0023| Section 4. Section 61-17A-7 NMSA 1978 (being Laws 1993, Chapter | 0024| 171, Section 7) is amended to read: | 0025| "61-17A-7. BOARD POWERS AND DUTIES.-- | 0001| A. The board shall: | 0002| (1) adopt and file, in accordance with the State | 0003| Rules Act, rules and regulations necessary to carry out the provisions | 0004| of the Barbers and Cosmetologists Act; | 0005| (2) establish fees; | 0006| (3) provide for the examination, licensure and | 0007| license renewal of applicants for licensure; | 0008| (4) establish standards for and provide for the | 0009| examination, licensure and license renewal of manicurists-pedicurists, | 0010| estheticians and electrologists; | 0011| (5) adopt a seal; | 0012| (6) furnish copies of rules and regulations and | 0013| sanitary requirements adopted by the board to each owner or manager of | 0014| an establishment, enterprise or school; | 0015| (7) keep a record of its proceedings and a register | 0016| of applicants for licensure; | 0017| (8) provide for the licensure of barbers, | 0018| cosmetologists, manicurist-pedicurists, estheticians, electrologists, | 0019| instructors, schools, enterprises and establishments; | 0020| (9) establish administrative penalties and fines; | 0021| (10) create and establish standards and fees for | 0022| special licenses; | 0023| (11) hire an executive director and such other staff | 0024| as is necessary to carry out the provisions of the Barbers and | 0025| Cosmetologists Act; and | 0001| (12) establish guidelines for schools to calculate | 0002| tuition refunds for withdrawing students. | 0003| B. The board may establish continuing education | 0004| requirements as requirements for licensure. | 0005| C. Any member of the board, its employees or agents may | 0006| enter and inspect any school, enterprise or establishment, at any time | 0007| during regular business hours for the purpose of determining | 0008| compliance with the Barbers and Cosmetologists Act." | 0009| Section 5. Section 61-17A-8 NMSA 1978 (being Laws 1993, Chapter | 0010| 171, Section 8) is amended to read: | 0011| "61-17A-8. LICENSURE REQUIREMENTS--BARBERS.-- | 0012| A. A barber license shall be issued to any person who files | 0013| a completed application, accompanied by the required fees and | 0014| documentation, and who: | 0015| (1) has an education equivalent to the completion of | 0016| the second year of high school; | 0017| (2) is at least seventeen years of age; | 0018| (3) has completed a course in barbering of at least | 0019| one thousand two hundred hours in a school approved by the board; and | 0020| (4) has passed an examination approved by the board. | 0021| B. The holder of a barber license has the right and | 0022| privilege to use the title "barber", the initials "R.B." following the | 0023| holder's surname and to use a barber pole, the traditional striped, | 0024| vertical emblem of the barbering trade." | 0025| Section 6. Section 61-17A-9 NMSA 1978 (being Laws 1993, Chapter | 0001| 171, Section 9) is amended to read: | 0002| "61-17A-9. LICENSURE REQUIREMENTS--COSMETOLOGISTS.-- | 0003| A. A cosmetologist license shall be issued to any person | 0004| who files a completed application, accompanied by the required fees | 0005| and documentation, and who: | 0006| (1) is at least seventeen years of age; | 0007| (2) has an education equivalent to the completion of | 0008| the second year of high school; | 0009| (3) has completed a course in cosmetology of at least | 0010| one thousand six hundred hours at a school approved by the board; and | 0011| (4) has passed an examination approved by the board. | 0012| B. The name of a licensed cosmetologist may be immediately | 0013| followed by the initials "R.C.", as a right and privilege of | 0014| licensure." | 0015| Section 7. Section 61-17A-10 NMSA 1978 (being Laws 1993, Chapter | 0016| 171, Section 10) is amended to read: | 0017| "61-17A-10. LICENSURE REQUIREMENTS OF MANICURISTS-PEDICURISTS, | 0018| ESTHETICIANS AND ELECTROLOGISTS.-- | 0019| A. The board shall provide for the licensure of | 0020| manicurists-pedicurists. The board shall issue a manicurist- | 0021| pedicurist license to any person who files a completed application, | 0022| accompanied by the required fees and documentation, and who submits | 0023| satisfactory evidence of compliance with all requirements established | 0024| by the board. The name of a licensed manicurist-pedicurist may be | 0025| immediately followed by the initials "R.M.", as a right and privilege | 0001| of licensure. | 0002| B. The board shall provide for the licensure of | 0003| estheticians. The board shall issue an esthetician license to any | 0004| person who files a completed application, accompanied by the required | 0005| fees and documentation, and who submits satisfactory evidence of | 0006| compliance with all requirements established by the board. The name | 0007| of a licensed esthetician may be immediately followed by the initials | 0008| "R.F.", as a right and privilege of licensure. | 0009| C. The board shall provide for the licensure of | 0010| electrologists. The board shall issue an electrologist license to any | 0011| person who files a completed application, accompanied by the required | 0012| fees and documentation, and who submits satisfactory evidence of | 0013| compliance with all requirements established by the board. The name | 0014| of a licensed electrologist may be immediately followed by the | 0015| initials "R.E.", as a right and privilege of licensure." | 0016| Section 8. Section 61-17A-11 NMSA 1978 (being Laws 1993, Chapter | 0017| 171, Section 11) is amended to read: | 0018| "61-17A-11. LICENSURE OF INSTRUCTORS.-- | 0019| A. A cosmetologist instructor license shall be issued to | 0020| any person who files a completed application, accompanied by the | 0021| required fees and documentation, and who : | 0022| (1) is a licensed cosmetologist; | 0023| (2) has completed at least a four-year high school | 0024| course of study or its equivalent as approved by the board; | 0025| (3) has met all requirements established by the | 0001| board; and | 0002| (4) has passed an examination approved by the board. | 0003| B. A barber instructor license shall be issued to any | 0004| person who files a completed application, accompanied by the required | 0005| fees and documentation, and who: | 0006| (1) is a licensed barber; | 0007| (2) has completed at least a four-year high school | 0008| course of study or its equivalent as approved by the board; | 0009| (3) has met all requirements established by the | 0010| board; and | 0011| (4) has passed an examination approved by the board. | 0012| C. An electrologist instructor license shall be issued to | 0013| any person who files a completed application, accompanied by the | 0014| required fees and documentation, and who submits satisfactory evidence | 0015| of compliance with all requirements established by the board. | 0016| D. The name of a licensed instructor may be immediately | 0017| followed by the initials "R.I.", as a right and privilege of | 0018| licensure." | 0019| Section 9. Section 61-17A-12 NMSA 1978 (being Laws 1993, Chapter | 0020| 171, Section 12) is amended to read: | 0021| "61-17A-12. LICENSURE OF SCHOOLS.-- | 0022| A. The board shall provide for the licensure of barber | 0023| schools. The board shall issue a barber school license to any barber | 0024| school that submits a completed application, accompanied by the | 0025| required fees and documentation, and that submits satisfactory | 0001| evidence that it complies with all enrollment, curriculum, | 0002| instructional and graduation requirements and record-keeping | 0003| procedures established by the board. | 0004| B. The board shall provide for the licensure of cosmetology | 0005| schools. The board shall issue a cosmetology school license to any | 0006| cosmetology school that submits a completed application, accompanied | 0007| by the required fees and documentation, and that submits satisfactory | 0008| evidence that it complies with all enrollment, curriculum, | 0009| instructional and graduation requirements and record-keeping | 0010| procedures established by the board. | 0011| C. The board shall provide for the licensure of electrology | 0012| schools. The board shall issue an electrology school license to any | 0013| electrology school that submits a completed application, accompanied | 0014| by the required fees and documentation, and that submits satisfactory | 0015| evidence that it complies with all enrollment, curriculum, | 0016| instructional and graduation requirements and record-keeping | 0017| procedures established by the board. | 0018| D. The board shall provide for the licensure of specialty | 0019| schools. The board shall issue a specialty school license to any | 0020| specialty school that submits a completed application, accompanied by | 0021| the required fees and documentation, and that submits satisfactory | 0022| evidence that it complies with all enrollment, curriculum, | 0023| instructional and graduation requirements and record-keeping | 0024| procedures established by the board. | 0025| E. The board shall establish crossover credit standards for | 0001| training available at either barber schools or cosmetology schools | 0002| that may be used in meeting licensure requirements in either | 0003| profession. | 0004| F. The board shall establish a corporate surety bond | 0005| requirement for schools to indemnify students for fees and tuition | 0006| paid to a school if the school ceases operation or terminates a | 0007| program prior to the completion of a student's contract with the | 0008| school." | 0009| Section 10. Section 61-17A-15 NMSA 1978 (being Laws 1993, | 0010| Chapter 171, Section 15) is amended to read: | 0011| "61-17A-15. LICENSURE OF ALL ESTABLISHMENTS AND ENTERPRISES.-- | 0012| The board shall provide for the licensure of all establishments and | 0013| enterprises. The board shall issue a license to establishments, | 0014| enterprises and clinics that submit a completed application, | 0015| accompanied by the required fees and documentation, and that submit | 0016| satisfactory evidence of compliance with all requirements established | 0017| by the board." | 0018| Section 11. Section 61-17A-16 NMSA 1978 (being Laws 1993, | 0019| Chapter 171, Section 16) is amended to read: | 0020| "61-17A-16. FEES.--The board may, by regulation, establish | 0021| initial license and renewal fees not to exceed the following: | 0022| establishment license. . . . . . . . . . .$200 | 0023| school license . . . . . . . . . . . . . .$600 | 0024| relocation of a school . . . . . . . . . .$300 | 0025| cosmetologist license . . . . . . . . . .$ 50.00 | 0001| barber license . . . . . . . . . . . . . .$ 50.00 | 0002| specialty license. . . . . . . . . . . . .$ 50.00 | 0003| instructor license . . . . . . . . . . . .$ 50.00 | 0004| duplicate license. . . . . . . . . . . . .$ 50.00 | 0005| temporary license. . . . . . . . . . . . .$ 25.00 | 0006| administrative fee. . . . . . . . . . . . $100 | 0007| limited license fee. . . . . . . . . . . .$100 | 0008| licensure through reciprocity. . . . . . .$200 | 0009| transcript . . . . . . . . . . . . . . . .$ 50.00 | 0010| examinations . . . . . . . . . . . . . . .$100." | 0011| Section 12. Section 61-17A-17 NMSA 1978 (being Laws 1993, | 0012| Chapter 171, Section 17, as amended) is amended to read: | 0013| "61-17A-17. LICENSURE UNDER PRIOR LAW--ENDORSEMENT.-- | 0014| A. Any person licensed as a barber, a cosmetologist, an | 0015| esthetician, an electrologist, an instructor of cosmetology or | 0016| barbering or an instructor of electrology, a manicurist-pedicurist or | 0017| any person holding an establishment license, clinic license or school | 0018| owner's license under any prior laws of this state, which license is | 0019| valid on the effective date of the Barbers and Cosmetologists Act, | 0020| shall be held to be licensed under the provisions of that act and | 0021| shall be entitled to the renewal of his license as provided in that | 0022| act. | 0023| B. The board may grant a license pursuant to the provisions | 0024| of the Barbers and Cosmetologists Act without an examination, upon | 0025| payment of the required fee, provided that the applicant: | 0001| (1) holds a current license from another state, | 0002| territory or possession of the United States, or the District of | 0003| Columbia, that has training hours and qualifications similar to or | 0004| exceeding those required for licensure in New Mexico; and | 0005| (2) meets all other requirements for reciprocity as | 0006| determined by regulation of the board." | 0007| Section 13. Section 61-17A-18 NMSA 1978 (being Laws 1993, | 0008| Chapter 171, Section 18) is amended to read: | 0009| "61-17A-18. LICENSE TO BE DISPLAYED--NOTICE OF CHANGE OF PLACE | 0010| OF BUSINESS.--Every holder of a license shall notify the executive | 0011| director of any change in place of business. Upon receipt of the | 0012| notification, the executive director shall make the necessary change | 0013| in the books. A license shall be displayed conspicuously at the | 0014| holder's place of business." | 0015| Section 14. Section 61-17A-20 NMSA 1978 (being Laws 1993, | 0016| Chapter 171, Section 20) is amended to read: | 0017| "61-17A-20. DURATION, RESTORATION AND RENEWAL OF LICENSES.-- | 0018| A. The original issuance and renewal of licenses to | 0019| practice as a barber, cosmetologist, instructor, esthetician, | 0020| manicurist-pedicurist or electrologist shall be for a period of one | 0021| year or less from the date of issuance. If the licensee fails to | 0022| renew the license for the next year, the license is void; provided the | 0023| license may be restored at any time during the year following | 0024| expiration upon the payment of the appropriate fee and a late charge | 0025| not to exceed one hundred dollars ($100) as set forth by board rules. | 0001| If the licensee fails to restore the license within one year following | 0002| its expiration, the license may not be restored. To again obtain a | 0003| license, the licensee shall satisfy requirements for original | 0004| licensure. | 0005| B. The original issuance and annual renewal of licenses to | 0006| operate an establishment or school shall be for a period of twelve | 0007| months or less following the issuance of the license. If the licensee | 0008| fails to renew the license within thirty days after its expiration, | 0009| the license is void, and, to again obtain a license, an application, | 0010| required documentation, payment of the renewal fee and a late fee not | 0011| to exceed one hundred dollars ($100) as established by board rules is | 0012| required. | 0013| C. The board may establish a staggered system of license | 0014| expiration." | 0015| Section 15. Section 61-17A-21 NMSA 1978 (being Laws 1993, | 0016| Chapter 171, Section 21) is amended to read: | 0017| "61-17A-21. GROUNDS FOR REFUSAL TO ISSUE, RENEW, SUSPEND OR | 0018| REVOKE A LICENSE.-- | 0019| A. The board shall, in accordance with the provisions of | 0020| the Uniform Licensing Act, issue a fine or penalty, restrict, refuse | 0021| to issue or renew or shall suspend or revoke a license for any one or | 0022| more of the following causes: | 0023| (1) the commission of any offense described in the | 0024| Barbers and Cosmetologists Act; | 0025| (2) the violation of any sanitary regulation | 0001| promulgated by the board; | 0002| (3) malpractice or incompetency; | 0003| (4) advertising by means of knowingly false or | 0004| deceptive statements; | 0005| (5) habitual drunkenness or habitual addiction to the | 0006| use of habit-forming drugs; | 0007| (6) continuing to practice in or be employed by an | 0008| establishment, an enterprise, a school or an electrology clinic in | 0009| which the sanitary regulations of the board, of the department of | 0010| health or of any other lawfully constituted board, promulgated for the | 0011| regulation of establishments, enterprises, schools or electrology | 0012| clinics, are known by the licensee to be violated; | 0013| (7) default of a licensee on a student loan; | 0014| (8) gross continued negligence in observing the rules | 0015| and regulations; | 0016| (9) renting, loaning or allowing the use of the | 0017| license to any person not licensed under the provisions of the Barbers | 0018| and Cosmetologists Act; | 0019| (10) dishonesty or unfair or deceptive practices; | 0020| (11) sexual, racial or religious harassment; | 0021| (12) conduct of illegal activities in an | 0022| establishment, enterprise, school or electrology clinic or by a | 0023| licensee; | 0024| (13) conviction of a crime involving moral turpitude; | 0025| or | 0001| (14) aiding, abetting or conspiring to evade or | 0002| violate the provisions of the Barbers and Cosmetologists Act. | 0003| B. Any license suspended or revoked shall be delivered to | 0004| the board or any agent of the board upon demand." | 0005| Section 16. Section 61-17A-25 NMSA 1978 (being Laws 1993, | 0006| Chapter 171, Section 27) is amended to read: | 0007| "61-17A-25. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The | 0008| board of barbers and cosmetologists is terminated on July 1, 2001 | 0009| pursuant to the Sunset Act. The board shall continue to operate | 0010| according to the provisions of the Barbers and Cosmetologists Act | 0011| until July 1, 2002. Effective July 1, 2002, the Barbers and | 0012| Cosmetologists Act is repealed." | 0013| Section 17. TEMPORARY PROVISION.--Any money remaining in the | 0014| tuition recovery fund upon the effective date of this 1997 act shall | 0015| be transferred to the barbers and cosmetologists fund. | 0016| Section 18. REPEAL.--Section 61-17A-13 NMSA 1978 (being | 0017| Laws 1993, Chapter 171, Section 13) is repealed. |