HB 281/a
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AN ACT
RELATING TO LICENSURE; EXEMPTING HAIR BRAIDING FROM
PROVISIONS OF THE BARBERS AND COSMETOLOGISTS ACT; PROHIBITING
DISCIPLINARY ACTION FOR HAIR BRAIDING WITHOUT BEING LICENSED
PURSUANT TO THE BARBERS AND COSMETOLOGISTS ACT.
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) 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;
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;
F. "enterprise" means a business venture, firm or
organization; HB 281/a
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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;
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;
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;
J. "hair braiding" means twisting, wrapping,
weaving, extending, locking or braiding hair and incidental
use of topical agents and mechanical devices and includes use
of hair extensions, hair fibers, decorative beads and other
accessories incidental to hair braiding; HB 281/a
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K. "hairstylist" means a person, other than a
student, who for compensation engages in hairstyling;
L. "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;
M. "sanitation" means the maintenance of sanitary
conditions to promote hygiene and the prevention of disease
through the use of chemical agents or products;
N. "school" means a public or private
instructional facility approved by the board that teaches
cosmetology, barbering or hairstyling; and
O. "student" means a person enrolled in a school
to learn or be trained in cosmetology, barbering, hairstyling
or electrolysis."
SECTION 2. Section 61-17A-4.1 NMSA 1978 (being Laws
2017, Chapter 112, Section 1) is amended to read:
"61-17A-4.1. 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 HB 281/a
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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; provided that hairstyling
does not include hair braiding;
D. cleansing, coloring, lightening, waving or
straightening the hair with cosmetic or chemical
preparations; or
E. trimming a person's beard."
SECTION 3. 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 HB 281/a
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Barbers and Cosmetologists Act, no person shall practice as a
manicurist-pedicurist, esthetician or electrologist for
compensation.
E. A person who engages in eyebrow threading or
hair braiding shall not be required to have a license issued
by the board."
SECTION 4. 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) working in a capacity regulated pursuant
to the Barbers and Cosmetologists Act while under the HB 281/a
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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 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) aiding, abetting or conspiring to evade
or violate the provisions of the Barbers and Cosmetologists
Act.
B. A suspended or revoked license shall be
delivered to the department or an agent of the department upon HB 281/a
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demand.
C. A license shall not be denied for hair braiding
without being licensed for barbering, cosmetology or
hairstyling prior to July 1, 2025."
SECTION 5. Section 61-17A-22 NMSA 1978 (being Laws
1993, Chapter 171, Section 22, as amended) is amended to read:
"61-17A-22. EXEMPTIONS.--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 officers of
the United States army, navy or marine hospital service;
C. registered nurses; and
D. funeral service practitioners."
SECTION 6. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.