N.M. Admin. Code § 16.34.1.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.34.1.7 - DEFINITIONS

As used in the Barbers and Cosmetologists Act:

A."applicant" has the same meaning as defined in Subsection B of Section 61-1-2 NMSA 1978;

B."apprentice" means a person enrolled in a barber apprenticeship program approved by and registered with the state apprenticeship agency;

C."approval number" means the number assigned by the board to designate an approved provider;

D."approved" means accepted as a provider by the board;

E."barber" has the same meaning as defined in Subsection A of Section 61-17A-2 NMSA 1978;

F."barber apprenticeship" means an apprenticeship program registered with the state apprenticeship agency;

G."barbering" has the same meaning as defined in Section 61-17A-3 NMSA 1978;

H."board" has the same meaning as defined in Subsection B of Section 61-17A-2 NMSA 1978;

I."branch campus/additional location" means an additional location that provides the same administrative services as the main campus, and offers at least one complete program entered into the programs offered at the main campus; a branch campus/additional location must be approved by the board as a separate school with a stand-alone license;

J."clean or cleansing" means washing with liquid soap and water, detergent, antiseptics, or other adequate methods to remove all visible debris or residue. Cleansing is not disinfection;

K."contact hour" means one contact hour equals a minimum of 50 minutes of instruction;

L."cosmetologist" has the same meaning as defined in Subsection C of Section 61-17A-2 NMSA 1978;

M."cosmetology" has the same meaning as defined in Section 61-17A-4 NMSA 1978;

N."current work experience" means verified work that has occurred within the previous five years;

O."department" has the same meaning as defined in Subsection D of Section 61-17A-2 NMSA 1978;

P."disinfect or disinfection" means the use of chemical agents (after cleaning) to destroy potentially dangerous pathogens on non-porous items;

Q."disinfectant" means an EPA-registered bactericidal, virucidal and fungicidal chemical effective against pathogens of concern when used as directed on the manufacturer's label. For purposes of this rule alcohol and UV light boxes are not approved for disinfection;

R."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;

S."electronic signature" means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record;

T."enterprise" has the same meaning as defined in Subsection F of Section 61-17A-2 NMSA 1978;

U."expansion campus facility" means any separate classroom or clinic used for educational purposes that is separate, detached and apart from the primary facility and main address; its purpose is to allow the licensed school to provide adequate space to train students who are enrolled through the primary facility and the expansion campus facility must be within a two-mile radius of the main campus;

V."establishment" has the same meaning as defined in Subsection G of Section 61-17A-2 NMSA 1978;

W."esthetician" has the same meaning as defined in Subsection H of Section 61-17A-2 NMSA 1978;

X."eyebrow threading" has the same meaning as defined in Subsection I of Section 61-17A-2 NMSA 1978;

Y."eyelash extensions" means strands of silk, mink, or another synthetic or natural material that are applied one at a time and fixed to an individual's natural eyelashes;

Z."executive director" means the director for the board;

AA."expansion campus facility" means any separate classroom or clinic used for educational purposes that is separate, detached and apart from the primary facility and main address; its purpose is to allow the licensed school to provide adequate space to train students who are enrolled through the primary facility and the expansion campus facility must be within a two-mile radius of the main campus;

BB."externship" means a student enrolled in any course licensed by this act may, at the school's option, participate in an externship program upon completion of seventy-five percent of the contracted course of study. The externship program would allow students to train in a licensed establishment for one day or up to eight hours per week until graduation. The training would be supervised by a designated salon licensee and would include any activity that is routine in a salon except for offering complete services on the public, applying any chemicals, or receiving any compensation;

CC."hairstylist" has the same meaning as defined in Subsection J of Section 61-17A-2 NMSA 1978;

DD."HSD" means the New Mexico human services department;

EE."hands-on training" means student training on clients, students or models that includes active personal participation and practical experience necessary to gain knowledge. Training on mannequins is considered hands-on training;

FF."instructor" means a person licensed to teach in a school of cosmetology, barbering or in a school of electrology;

GG."journey worker" means a person who holds a current New Mexico barber license; is recognized by the sponsor as having attained and mastered a level of skill, abilities, and competencies in barbering and is authorized to provide related instruction and on-the-job training to licensed apprentices. The maximum allowable ratio of licensed apprentices to journey workers during on-the-job training is one to one;

HH."jurisprudence exam" means the examination given regarding the laws, rules and regulations, which relate to the practice of barbers and cosmetologists in the state of New Mexico;

II."license" means a certificate, permit or other authorization to engage in each of the professions and occupations regulated by the boards enumerated in Subsection A of the act;

JJ."license in good standing" refers to a current, valid, board-issued license with no restrictions placed on the license by the board;

KK."main campus" means a school, which has been licensed by the board; any change in location of the main campus must comply with the procedures set forth in 16.34.8 NMAC of these rules; the main campus includes the primary facilities and any separate or detached expansion campus facility of the primary training site within a two-mile radius;

LL."manicurist-esthetician" means a person, other than a student, who for compensation performs work on the nails of a person, applies nail extensions or products to the nails for the purpose of strengthening or preserving the health and beauty of the hands or feet and who uses cosmetic preparations, including makeup applications, antiseptics, powders, oils, clays or creams or massaging, cleansing, stimulating or manipulating the skin for the purpose of preserving the health and beauty of the skin and body or performing similar work on any part of the body of a person;

MM."manicurist-pedicurist" means a person, other than a student, who for compensation performs work on the nails of a person, applies nail extensions or products to the nails for the purpose of strengthening or preserving the health and beauty of the hands or feet;

NN."multi-use" means non-porous instruments, items, equipment, implements or tools that must be cleaned and disinfected. The items must be disinfected by a complete immersion in an EPA registered, bactericidal, virucidal and fungicidal (formulated for hospitals) disinfectant that is mixed and used according to the manufacturer's directions. Non-porous items are the only items that can be disinfected;

OO."non-porous" means multi-use items such as metal, glass and plastic;

PP."outreach enterprise" means an independent mobile unit, or system of units, equipped with or carrying both professional and special equipment used by a professional licensee of this act to a site or premises for the purpose of providing professional services to the handicapped, restricted, homebound, impaired, incapacitated, delicate, or otherwise constrained client;

QQ."sponsor" means the sponsor in whose name the standards of apprenticeship will be registered with the state apprenticeship agency, and which will have the full responsibility for administration and operation of a barber apprenticeship program;

RR."provider" means the person, firm, corporation, institution or agency approved to conduct or sponsor a continuing education program and ensure its integrity;

SS."revocation" has the same meaning as defined in Subsection J of Section 61-1-2 NMSA 1978;

TT."sanitation" has the same meaning as defined in Subsection L of Section 61-17A-2 NMSA 1978;

UU."school" has the same meaning as defined in Subsection M of Section 61-17A-2 NMSA 1978;

VV."single use items" means tools or supplies that come in contact with the public and are porous (made of anything other than plastic, metal or glass) cannot be disinfected (including, but not limited to: disposable razors, pedi-pads, emery boards, sponges, cotton pads, buffing blocks, toe separators, chamois, sandpaper drill bits, waxing strip, wood sticks, cotton balls, nail wipes, disposable towels, pumice stones, flip flops, and porous files, etc.) shall be disposed of immediately after use;

WW."state apprenticeship agency" means the department of workforce solutions' state apprenticeship agency;

XX."statement of compliance" means a certified statement from HSD stating that an applicant or licensee is in compliance with a judgment and order for support;

YY."statement of non-compliance" means a certified statement from HSD stating that an applicant or licensee is not in compliance with a judgment and order for support;

ZZ."sterilize or sterilization" means to eliminate all forms of bacteria or other microorganisms;

AAA."student" has the same meaning as defined in Subsection N of Section 61-17A-2 NMSA 1978;

BBB."supervising licensee" means licensee designated by the establishment owner or manager to act on behalf of the enterprise or establishment in the absence of the owner or manager. The supervising licensee must be licensed in all aspects of the activity being practiced in the enterprise or establishment;

CCC."suspension" has the same meaning as defined in Subsection K of Section 61-1-2 NMSA 1978;

DDD."verified work experience" means work experience in the applicable discipline in a licensed establishment, enterprise or electrology clinic as verified by:

(1) certified and notarized statement by employer(s);

(2) certified and notarized statement by licensed co-worker(s);

(3) certified and notarized statement by client(s);

(4) copies of tax returns; or

(5) copies of W-2's;

N.M. Admin. Code § 16.34.1.7

16.34.1.7 NMAC - Rp 16 NMAC 34.1.7, 06-16-01; A, 07-16-04; A, 10-04-07, Amended by New Mexico Register, Volume XXVI, Issue 22, November 30, 2015, eff. 12/17/2015, Amended by New Mexico Register, Volume XXVII, Issue 19, October 14, 2016, eff. 10/29/2016, Amended by New Mexico Register, Volume XXIX, Issue 12, June 26, 2018, eff. 7/14/2018, Amended by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 12/27/2022, Amended by New Mexico Register, Volume XXXIV, Issue 16, August 29, 2023, eff. 8/29/2023