HOUSE BILL 341

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Monica Youngblood

AN ACT

RELATING TO LICENSING; PROVIDING FOR AN EXEMPTION FROM A COSMETOLOGY LICENSE FOR EYEBROW THREADING.

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. "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 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;

          [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; and

          [K.] L. "student" means a person enrolled in a school to learn or be trained in cosmetology, barbering or electrolysis."

     SECTION 2. Section 61-17A-22 NMSA 1978 (being Laws 1993, Chapter 171, Section 22) 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; and

          E. persons providing only eyebrow-threading services."

- 4 -