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, eyebrow threading, 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. "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. "hairstylist" means a person, other than a student, who for compensation engages in hairstyling;
J. "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. "sanitation" means the maintenance of sanitary conditions to promote hygiene and the prevention of disease through the use of chemical agents or products;
L. "school" means a public or private instructional facility approved by the board that teaches cosmetology, barbering or hairstyling; and
M. "student" means a person enrolled in a school to learn or be trained in cosmetology, barbering, hairstyling or electrolysis.
History: Laws 1993, ch. 171, § 2; 1997, ch. 218, § 1; 2017, ch. 108, § 1; 2017, ch. 112, § 3.
Delayed repeals. — For delayed repeal, see 61-17A-25 NMSA 1978.
2017 Multiple Amendments. — Laws 2017, ch. 108, § 1 and Laws 2017, ch. 112, § 3, both effective June 16, 2017, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2017, ch. 112, § 3, as the last act signed by the governor is set out above and incorporates both amendments.
The nature of the difference between the amendments is that Laws 2017, ch. 108, § 1, defined "eyebrow threading" and revised the definition of "establishment" to include "eyebrow threading" as used in the Barbers and Cosmetologists Act, and Laws 2017, ch. 112, § 3, defined "hairstylist" and revised the definitions of certain terms as used in the Barbers and Cosmetologists Act.
Laws 2017, ch. 112, § 3, effective June 16, 2017, defined "hairstylist" and revised the definitions of certain terms as used in the Barbers and Cosmetologists Act; in Subsection F, after "barbering,", added "hairstyling"; added new Subsection H and redesignated the succeeding subsections accordingly; in Subsection K, after "cosmetology", deleted "or", and after "barbering", added "or hairstyling"; and in Subsection L, after "barbering,", added "hairstyling".
Laws 2017, ch. 108, § 1, effective June 16, 2017, defined "eyebrow threading" and revised the definition of "establishment" to include "eyebrow threading" as used in the Barbers and Cosmetologists Act; in Subsection F, after "barbering", added ", eyebrow threading"; and added new Subsection H and redesignated the succeeding subsections according.
The 1997 amendment added Subsections E, I and K and redesignated former Subsections E to H accordingly, inserted "other than a student" near the beginning of Subsections D and H, rewrote Subsection G, and made minor stylistic changes throughout the section. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 17A - Barbers and Cosmetologists
Section 61-17A-1 - Short title. (Repealed effective July 1, 2026.)
Section 61-17A-2 - Definitions. (Repealed effective July 1, 2026.)
Section 61-17A-3 - Barbering defined. (Repealed effective July 1, 2026.)
Section 61-17A-4 - Cosmetology defined. (Repealed effective July 1, 2026.)
Section 61-17A-4.1 - Hairstyling defined. (Repealed effective July 1, 2026.)
Section 61-17A-5 - License required. (Repealed effective July 1, 2026.)
Section 61-17A-6 - Board created; membership. (Repealed effective July 1, 2026.)
Section 61-17A-7 - Board powers and duties. (Repealed effective July 1, 2026.)
Section 61-17A-8 - Licensure requirements; barbers. (Repealed effective July 1, 2026.)
Section 61-17A-8.1 - Licensure requirements; hairstylists. (Repealed effective July 1, 2026.)
Section 61-17A-9 - Licensure requirements; cosmetologists. (Repealed effective July 1, 2026.)
Section 61-17A-11 - Licensure of instructors. (Repealed effective July 1, 2026.)
Section 61-17A-12 - Licensure of schools. (Repealed effective July 1, 2026.)
Section 61-17A-14 - Barbers and cosmetologists fund created. (Repealed effective July 1, 2026.)
Section 61-17A-16 - Fees. (Repealed effective July 1, 2026.)
Section 61-17A-17 - Licensure under prior law; endorsement. (Repealed effective July 1, 2026.)
Section 61-17A-19 - License nontransferable. (Repealed effective July 1, 2026.)
Section 61-17A-22 - Exemptions. (Repealed effective July 1, 2026.)
Section 61-17A-23 - Penalties. (Repealed effective July 1, 2026.)
Section 61-17A-24 - Criminal offender's character evaluation. (Repealed effective July 1, 2026.)
Section 61-17A-25 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2026.)