New Mexico Register / Volume XXIX, Issue 12 / June 26, 2018
This
is an amendment to 16.34.8 NMAC, Sections 2, 8, and short-form amendment to
Sections 13 and 15, effective 07/14/2018. In Section 13, Subsections B through
D were not included as there were no changes in these subsections. In Section 15, Subsections A through H were
not included as there were no changes in these subsections.
16.34.8.2 SCOPE: All barber,
cosmetology, hairstylist, esthetician, manicurist/pedicurist,
manicurist/esthetician, instructor, electrology
schools and all students of barbering, cosmetology, hairstylist,
esthetician, manicurist/pedicurist, manicurist/esthetician, instructor and electrology.
[16.34.8.2
NMAC - Rp 16 NMAC 34.8.2, 06/16/2001; A, 07/14/2018]
16.34.8.8 APPLICATION
FOR OPENING, RELOCATING, CHANGING NAME OF A SCHOOL:
A. A school license
is nontransferable.
B. A change of
ownership or control is any action by which a person or corporation obtains
authority to control the actions of an institution. These actions may include, but are not
limited to:
(1) the transfer of the controlling interest of stock of an
institution to its parent corporation.
(2) the merger of two or more institutions;
(3) the division of an institution into two or more enterprises
or establishments;
(4) the transfer of the assets or liabilities of an institution
to its parent corporation;
(5) the acquisition by an individual of the controlling interest
of an institution, whether a proprietorship, partnership or corporation;
(6) the sale of an institution; or
(7) the lease of or right to do business as an institution.
C. If ownership or
legal control of a licensed school changes, the new owner, lessee or other
legally responsible party must submit a new application and secure a new
license from the board.
D. If legal control
of a school does not change, but the organization of ownership does change
(e.g. a sole proprietor becomes the sole stockholder of a corporation which
owns the school), the board must receive notarized proof of such change within
30 days of such change.
E. A completed
application to open, change ownership or relocate a school authorized under
this act must be filed with the board.
An application to open a school, change ownership or relocate or change
the name of a school filed by a currently licensed school owner must be filed
at least 15 days in advance of the expected date of change.
(1) Applications
must be on official forms approved by the board and must include the
appropriate fee.
(2) Applicants
to open, change ownership or relocate a school must
demonstrate that the school is financially responsible and the school has
sufficient resources to ensure against precipitous closure. Applicants shall provide at least the
following information: evidence of
ownership; corporate or business status; identity and address of owners,
partners, shareholders, and directors; copies of articles of incorporation and
by-laws, if applicable; evidence of financial responsibility, including
compiled financial statement and balance sheet indicating assets and
liabilities; a corporate surety bond or [bank letter of credit in the amount
of five thousand dollars ($5,000) to indemnify students for fees and tuition
paid to a school if the school ceases operation] or terminates a program
prior to the completion of a student’s contract with the school; disclosure of
the filing within the last seven years of bankruptcy of owner(s), partner(s),
or director(s); and the identity of two business or financial references.
(3) An
owner(s), partner(s), or director(s) of a school applicant must sign a release
directed to financial institutions authorizing the disclosure of financial
information and shall disclose loan history.
(4) An
owner(s), partner(s), or director(s) of a school applicant will be required to
disclose civil actions brought within 10 years of the date of the application
against an owner(s), partner(s), or director(s) for or involving nonpayment of
debt, fraud, or misrepresentation and the disposition of such action(s).
(5) An
owner(s), partner(s), or director(s) of a school applicant will be required to
disclose any arrest or conviction within the ten years of the date of the
application for fraud, larceny, embezzlement, or any crime involving stealing,
taking, theft, robbery, or unlawful appropriation of money or anything of value
that belongs to another and the disposition of such action(s).
(6) A
school is not financially responsible if an owner(s), partner(s), or director(s)
is not making payments in accordance with an agreement, judgment, or debt
obligation, or if an owner(s), partner(s), or director(s) has been convicted of
felony involving a crime described in Paragraph 5 of Subsection E of 16.34.8.8
NMAC and that owner(s), partner(s), or director(s) is not sufficiently
rehabilitated as provided in the Criminal Offender Employment Act, Section
28-2-1 through 28-2-6 NMSA 1978.
(7) In
the case of a change of ownership of a school, the school establishment license
of the prior owner does not expire for 30 days after the date of sale providing
it is a current and valid license. In
order to ensure continued training for students, the new owner may operate
under the prior license until the earlier of the 30-day expiration date of the
prior license or obtaining the new school establishment license.
(8) In
case of a change of ownership of a school, the new school shall submit a
student roster of all students enrolled at the time of the change which lists for
each student the name, the date of birth, the social security number, course
enrolled, the course beginning date and the student permit. The school shall submit the student roster to
the board within 30 days of the change of ownership.
F. The application,
if complete, may be administratively approved.
A formal inspection of the establishment shall occur within 90 days of
opening. Incomplete applications without
proper and complete supporting documents will be returned.
G. When a school
relocates within the state of New Mexico, the owner must complete a new
application and obtain approval, including inspection from the board to operate
the business at the new location, and pay the school relocation fee.
H. If any portion
of the school is completely segregated from the primary area, a duplicate
school license must be acquired and posted in the separate area. A duplicate license fee will be
assessed. The school must also comply
with 16.34.8.12 NMAC, expansion campus facility requirements.
I. All school
licenses must be renewed on March 31 of each year. Any school that has not renewed by March
31 must reapply for licensure and meet all the current application
requirements.
J. Each school
licensed by the board shall post a current copy of the statutes and rules and
regulations and the most recent inspection report in an area where clearly
visible to the public.
K. Each school
licensed by the board shall post an exterior sign which indicates the facility
houses a school.
[16.34.8.8
NMAC - Rp 16 NMAC 34.8.8, 06/16/2001; A, 12/17/2015; A, 07/14/2018]
16.34.8.13 REGULATIONS
CONCERNING STUDENTS:
A. Student
registration
(1) When
a school receives an application from a prospective student, it shall promptly
notify the student of the registration requirements of the board.
(2) It
shall constitute a violation of the rules, within the meaning of the act, for a
school to engage in failure to transmit student registration documents and fees
in a timely fashion to the board pursuant to Subsection G of 16.34.15.8 NMAC,
wherein fines will be imposed.
(3) It
shall be the responsibility of the prospective student to comply with the
registration requirements by the first day he/she attends class for
credit. Failure to do so may result in
loss of hours earned prior to proper registration.
(4) No
school shall allow a student to attend class for credit until the student has
complied with the registration requirements:
(a) Applicants
for the barber, cosmetology, hairstylist, manicure/pedicure,
esthetician, electrologist, and manicure/esthetician
courses must be at least sixteen years of age and have successfully completed
two years of high school or the equivalent.
(b) Applicants
for the instructor course must be at least 17 years of age and have successfully
completed four years of high school or the equivalent.
(5) Acceptable
proof of age and education requirements as follows:
(a) Proof
of age includes a copy of a birth certificate, a driver's license or a state
issued identification card, or a baptismal certificate.
(b) Proof
of two years of secondary education includes a high school diploma, a G.E.D.
certificate or transcript of G.E.D. test scores, a sealed letter from the high
school attended, a copy of the high school transcript showing all required
grades have been passed, a letter from the G.E.D. testing facility stating that
the G.E.D. test has been passed, or any other test approved by the United
States department of education for the purpose of determining an applicant's
ability to benefit, providing that documentation of grade equivalency is
established by the test publisher and the required grade level for the course
of study has been achieved.
(c) The
board, or its executive director, may accept as proof of secondary education
the applicant's notarized statement that [he/she] the applicant
has completed the required secondary education, but has been unable to obtain
documentary proof of that from a foreign nation. A notarized statement will not be accepted
for students who have completed the secondary education in the United States.
(6) Evidence
of compliance with the foregoing requirements shall accompany the application
for registration form provided by the board.
(7) Upon
receipt of a complete student registration form and applicable fee, which shall
be received in the board office within 15 days of the date of registration, the
board office will then issue a student permit and a permit number. The student permit authorizes the holder to practice
course related skills in an approved school on the public only after successful
completion of fifteen percent of the program.
In addition, the student permit also authorizes the student to
participate in the student externship program pursuant to 16.34.8.17 NMAC of
these rules. A photograph of the student
(front view, head only, at least one and one-half inches by one and one-half
inches) shall be attached to the permit.
The permit shall be displayed in a binder in the school in which the
student is enrolled and open to review by the state inspector or other board
designee. Student permits are the
property of the board and must be returned to the board by the school upon
termination of the student's enrollment.
(8) If
inspection of the student permits and school records determines that students
are attending class without being properly registered with the board, the
student may be denied the hours previously accrued and the school will be
reported to the board for disciplinary action.
***
[16.34.8.13
NMAC - Rp 16 NMAC 34.8.13, 06/16/2001; A, 07/16/2004;
A, 10/04/2007; A, 12/17/2015; A,
07/14/2018]
16.34.8.15 CURRICULUM:
***
I. Hairstylist
curriculum - 1200-course hours or
equivalent credit
(1) THEORY: 75
hours or equivalent credit
(a) limited to orientation;
(b) state laws and regulations;
(c) professional image;
(d) first aid;
(e) chemistry;
(f) electricity;
(g) job seeking; and
(h) ethics
(2) STERILIZATION,
SANITATION, BACTERIOLOGY: 75 hours or
equivalent credit
(a) related theory and safety;
(b) preparation, procedures and practice;
(c) products, materials and implements;
(d) public sanitation;
(e) methods of sanitation and sterilization;
(f) chemical agents;
(g) types and classifications of bacteria;
(h) bacterial growth;
(i) infections;
and
(j) infection control and safety standards
(3) SHAMPOO,
RINSES, SCALP TREATMENTS: 75 hours or
equivalent credit
(a) related theory;
(b) anatomy;
(c) physiology;
(d) preparation;
(e) procedures and practice;
(f) products, materials and implements;
(g) hair analysis;
(h) disorders of the hair and scalp;
(i) hair and
scalp treatments;
(j) related chemistry; and
(k) client record keeping and safety
(4) CHEMICAL
REARRANGING - PERMS AND RELAXERS: 250
hours or equivalent credit
(a) related theory;
(b) anatomy;
(c) physiology;
(d) preparation, procedures and practice;
(e) products, materials and implements;
(f) hair analysis and client consultation;
(g) related chemistry; and
(h) client record keeping and safety
(5) HAIRSTYLING: 150 hours or equivalent credit
(a) related theory;
(b) anatomy;
(c) physiology;
(d) preparation, procedures and practice;
(e) products, materials and implements;
(f) hair analysis and client consultation;
(g) related chemistry;
(h) wet styling;
(i) blow drying;
(j) finger waving;
(k) air waving;
(l) hair pressing;
(m) hair extensions;
(n) hair weaving;
(o) braiding;
(p) corn rowing;
(q) client consultation and recommendations;
(r) client record keeping and safety; and
(s) care of wigs and hair pieces
(6) HAIR
COLORING - BLEACHING: 225
hours or equivalent credit
(a) related theory;
(b) anatomy;
(c) physiology;
(d) preparation, procedures and practice;
(e) products, materials and implements;
(f) hair analysis and client consultation;
(g) related chemistry;
(h) temporary, semi-permanent, and permanent applications;
(i) bleaching, tinting,
toning, frosting, special effects and problems;
(j) client consultation and recommendations; and
(k) client record keeping and safety
(7) HAIR
CUTTING: 225 hours or equivalent
credit
(a) related theory;
(b) anatomy;
(c) physiology;
(d) preparation, procedures, and practice;
(e) use of scissors, shears, razor and clippers;
(f) products, materials and implements;
(g) client consultation and recommendations; and
(h) client recordkeeping and safety
(8) REQUIRED
HANDS-ON TRAINING: instructor approved
procedures:
(a) 75
ladies haircuts;
(b) 25
mens haircuts;
(c) 25
hairstylings;
(d) 30
coloring;
(e) chemical texturing:
(i) seven
permanent waving; and
(ii) seven permanent relaxing
(9) SALON
BUSINESS, RETAIL SALES: 50 hours or
equivalent credit
(a) related theory;
(b) opening a salon and business plan;
(c) written agreements;
(d) regulations and laws;
(e) salon operation, policies, practices, personnel,
compensation, payroll deductions;
(f) use of telephone, advertising, retail and salesmanship,
client communications, public relations, insurance; and
(g) salon safety
(10) MISCELLANEOUS: 75 hours or equivalent credit
(a) to be applied by the Instructor to strengthen student
performance in curriculum related areas; or
(b) for supervised field trips and other course related training
[I.] J. Field
trips: Students enrolled in an approved
course of study are allowed to supplement their training through supervised field
trips. Such trips and hours or
equivalent credit accrued must be supervised and verified by a school
official. Field trips, which include
curriculum activities such as providing services to residents of nursing homes,
must be supervised by a licensed instructor.
Hours or equivalent credit accrued through field trips are recorded in
the miscellaneous category. If a student
is actually participating in a technical skills competition, the hours may be
recorded in the applicable curriculum category.
[16.34.8.15
NMAC - Rp 16 NMAC 34.8.15, 06/16/2001; A, 12/17/2015; A, 07/14/2018]