New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 1 - GENERAL PROVISIONS › Section 16.34.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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;