TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 34       BARBERS AND COSMETOLOGISTS

PART 7                 ESTABLISHMENTS AND ENTERPRISES

 

16.34.7.1               ISSUING AGENCY:  Regulation and Licensing Department, Board of Barbers and Cosmetologists

[16.34.7.1 NMAC - Rp 16 NMAC 34.7.1, 06-16-01]

 

16.34.7.2               SCOPE:  All barbers, cosmetologists, estheticians, manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists, schools, enterprises and establishments.

[16.34.7.2 NMAC - Rp 16 NMAC 34.7.2, 06-16-01]

 

16.34.7.3               STATUTORY AUTHORITY:  Sections 61-17A-15, 61-17A-18 and 61-17A-19 of the Barbers and Cosmetologists Act.  This authorizes the board to develop establishment standards and issue a license to establishments, enterprises and clinics that are in compliance with all requirements established by the board.

[16.34.7.3 NMAC - Rp 16 NMAC 34.7.3, 06-16-01]

 

16.34.7.4               DURATION:  Permanent

[16.34.7.4 NMAC - Rp 16 NMAC 34.7.4, 06-16-01]

 

16.34.7.5               EFFECTIVE DATE:  June 16, 2001 unless a different date is cited in the history note at the end of a section.

[16.34.7.5 NMAC - Rp 16 NMAC 34.7.5, 06-16-01]

 

16.34.7.6               OBJECTIVE:  Pursuant to the Barbers and Cosmetologists Act this part outlines establishment and outreach enterprise requirements.

[16.34.7.6 NMAC - Rp 16 NMAC 34.7.6, 06-16-01]

 

16.34.7.7               DEFINITIONS:  Refer to Part 1

[16.34.7.7 NMAC - Rp 16 NMAC 34.7.7, 06-16-01]

 

16.34.7.8               APPLICATION FOR ENTERPRISE OR ESTABLISHMENT LICENSE

                A.            A completed official application for an enterprise or establishment license must be filed with the board at least fifteen days prior to the expected opening of the enterprise or establishment.

                B.            The application, if complete, may be administratively approved.  A formal inspection of the enterprise, outreach enterprise unit or establishment shall occur within ninety days of opening.

                C.            When an enterprise or establishment 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 administrative fee.

                D.            If any portion of the establishment is completely segregated from the primary area, a duplicate establishment license must be acquired and posted in the separate area.  A duplicate license fee will be assessed.

                E.             All enterprise and establishment licenses must be renewed on March thirty first of each year beginning with the first renewal year after the implementation of these rules.

                F.             Each outreach enterprise mobile unit and establishment licensed by the board shall post the applicable license and a current copy of the statutes, rules and regulations and the most recent inspection report in an area clearly visible to the public.

                G.            Each establishment licensed by the board shall post a sign at the main entrance, which indicates the type of business being performed.

                H.            Each mobile outreach unit shall post a sign indicating the type of business being performed.  The outreach enterprise license will be maintained at its business address.  Each mobile outreach unit shall carry and have posted a duplicate enterprise license assigned to that unit.

                I.              Any establishment or mobile outreach enterprise unit licensed by the board may not be used for living or sleeping quarters or in any way for residential purposes.  If an establishment is located in a private residence, a segregated area must be provided for the licensed activity and maintenance of proper water supply and toilet standards to ensure proper sanitation.  Reasonable access to a restroom must be provided by the establishment or mobile outreach enterprise unit.

                J.             Except as provided in 16.34.4.11 NMAC, of these rules, no services authorized under this act may be provided away from a licensed establishment.

                K.            Services authorized under this act may be provided in mobile outreach units only as specified in these rules.

                L.             Any licensee performing services in a mobile outreach unit must carry a current duplicate license at all times.  The licensee must show the client the license upon request.

                M.           Each outreach enterprise mobile unit will be equipped with or have available a cellular phone and/or other communication capability necessary for immediate access and/or prompt response.

                N.            Each outreach enterprise mobile unit must have signage on at least two sides for identification information in letters no smaller than five inches.

                O.            Outreach enterprise mobile units shall be used for the sole purpose stated in 16.34.1 NMAC of these rules.

[16.34.7.8 NMAC - Rp 16 NMAC 34.7.8, 06-16-01]

 

16.34.7.9               SANITARY AND SAFETY RULES FOR ESTABLISHMENTS AND ENTERPRISES

                A.            All licensees who operate enterprise outreach mobile units or establishments must comply with the following minimum sanitation and safety standards.  Failure to comply with these requirements may result in an administrative fine as provided in 16.34.15 NMAC of these rules and other disciplinary action by the board.

                    (1)     maintenance of adequate ventilation to ensure that occupants are not improperly exposed to hazardous products or chemicals;

                    (2)     maintenance of smoking restriction to ensure that products or chemicals used are not inadvertently ignited;

                    (3)     maintenance of spill standards to ensure that occupants are not improperly exposed to any product or chemical;

                    (4)     maintenance of hot and cold running water available in such quantities as necessary to perform professional services in a safe and sanitary manner while serving the public;

                    (5)     maintenance of all equipment in safe working condition;

                    (6)     maintenance of clean towels in enclosed containers or cabinets with appropriate sanitizing agents;

                    (7)     maintenance of combs and brushes in enclosed containers or cabinets with appropriate sanitizing agents;

                    (8)     compliance with local licensing, fire, building, health, ventilation, heating and safety requirements;

                    (9)     every person engaged in a licensed enterprise or establishment must keep his/her person in a hygienic condition;

                    (10)     all products and chemicals must be kept in labeled closed containers;

                    (11)     there shall be adequate wet and dry sanitizers;

                    (12)     floors, walls, and other fixtures must be kept reasonably clean at all times; cups, bowls, basins, jars and instruments must be sanitized prior to using on the public;

                    (13)     rest rooms of establishments must be in working order and be segregated and have ceiling high partitions from the rest of the establishment or common area;

                    (14)     clean towels, sheets, robes and other linens must be used for each client; towels, sheets, robes, and other linens must be changed and properly laundered after each use; the use of paper or disposable towels, linens, etc. shall be in compliance with this rule and shall be disposed of after each use;

                    (15)     implementation of proper cleaning and sterilization of head rests, hand rests, pedicure basins, foot rests, manicure tables and other fixtures that come in contact with licensees and the public; filters and drains must be cleaned or changed according to manufacturer’s instructions;

                    (16)     implements must be sanitized in an appropriate germicidal solution by immersion according to the product manufacturer’s direction;

                    (17)     all licensees must provide a suitable place equipped to give adequate service, as advertised to clients, subject to inspection by the board;

                    (18)     adherence to the product manufacturer’s directions for safe use that appear on the product labeling;

                    (19)     use of protective devices when so indicated by the product manufacturer’s direction for safe use or when the nature of the product indicates such protection is necessary;

                    (20)     implementation of proper hand washing practices to ensure that appropriate sanitary standards are maintained for clients and to ensure that cosmetology and barbering professionals are not overexposed to particular cosmetic products or their ingredients;

                    (21)     implementation of proper storage practices to ensure that products are maintained in the manner that prevents any risk of fire or of undesired reactions;

                    (22)     implementation of proper program of identification of products during use and in storage to avoid confusion as to products or their ingredients; such program shall include efforts to ensure that ingredient information provided by manufacturers or distributors remains available with the product for use by licensed professionals and clients;

                    (23)     implementation of proper component mixing practices to reduce the risk of undesired reactions;

                    (24)     implementation of proper sterilization practices of working tools and implements;

                    (25)     licensees may not perform services on the public while under the influence of alcohol or drugs;

                    (26)     maintenance of a material safety data sheet file containing pertinent facts regarding products;

                    (27)     the use, storage or dispensing of such beauty service products containing methyl methacrylate or other chemicals determined to be hazardous to the health of licensees or consumers by the board of any federal, state or local health agency, shall be prohibited; the identification of such materials shall be determined by proper testing procedures approved by the board;

                    (28)     no establishment or school shall use any razor-edged device or tool for the purpose of removing skin or calluses;

                    (29)     all instruments and supplies that come in contact with a the public and cannot be disinfected (e.g. emery boards, sponges, cotton pads), shall be disposed of immediately after use; and

                    (30)     procedures performed by any means, by hand, chemical, mechanical, or electrical apparatus or appliance which penetrates into the dermal layer of the skin is considered invasive and is therefore prohibited.

                B.            Professional licensees who perform services in an outreach enterprise mobile unit must carry at all times a duplicate license which indicates that they have met the requirements stated in 16.34.4.15 NMAC of these rules.

[16.34.7.9 NMAC - Rp 16 NMAC 34.7.9, 06-16-01; A, 07-16-04; A, 10-04-07]

 

16.34.7.10             CHANGES OF OWNERSHIP

                A.            An establishment or enterprise 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 enterprise or establishment.  These actions may include, but are not limited to:

                    (1)     the transfer of the controlling interest of stock of an enterprise or establishment to its parent corporation;

                    (2)     the merger of two or more enterprises or establishments;

                    (3)     the division of enterprise or establishment into two or more enterprises or establishments;

                    (4)     the transfer of the assets or liabilities of an enterprise or establishment to its parent corporation;

                    (5)     the acquisition by an individual of the controlling interest of an enterprise or establishment, whether a proprietorship, partnership or corporation;

                    (6)     the sale of an enterprise or establishment;

                    (7)     the lease of or right to do business as an enterprise or establishment.

                C.            If ownership or legal control of a licensed enterprise or establishment 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 an enterprise or establishment does not change, but the organization of the ownership does change (e.g. a sole proprietor becomes the sole stock holder of a corporation which owns the enterprise or establishment), the board must receive notarized proof of such change within thirty days of such change.

[16.34.7.10 NMAC - Rp 16 NMAC 34.7.10, 06-16-01]

 

16.34.7.11             SUPERVISION OF LICENSED PRACTICE

                A.            Any enterprise or establishment licensed by the board must be under the immediate supervision of a board licensee while licensed activity is being practiced therein.

                B.            The supervising licensee must be licensed in ALL aspects of the licensed activity being practiced in the enterprise or establishment during the time he/she is in charge, (e.g. a licensed manicurist cannot supervise a barber shop or beauty salon unless he/she also holds a barber or cosmetology license respectively).

                C.            The enterprise or establishment owner or manager must appoint a licensee to act on their behalf in their absence.  The holder of a temporary license may not act as a supervisor of any enterprise or establishment.

[16.34.7.11 NMAC - Rp 16 NMAC 34.7.11, 06-16-01]

 

16.34.7.12             PRACTICE IN UNLICENSED ENTERPRISES OR ESTABLISHMENTS

                A.            The practices, rendering, or offering of licensed activities for compensation in an unlicensed enterprise or establishment is prohibited.  It shall constitute malpractice within the meaning of section 61-17A-21 NMSA 1978 of the Barbers and Cosmetologists Act for an individual licensed under the act to provide or offer to provide for compensation any service in an unlicensed enterprise or establishment unless otherwise authorized by the act or these rules.

                B.            Before a licensee begins to work in an enterprise or establishment required to be licensed under the act, the licensee shall ask to see the enterprise or establishment license.  The licensee shall not provide or offer to provide any licensed activity in any enterprise or establishment until the licensee actually has seen a valid, current enterprise or establishment license.

                C.            The licensee shall notify the board if he or she is not shown a valid, current enterprise or establishment license for the enterprise or establishment promptly upon request.

[16.34.7.12 NMAC - Rp 16 NMAC 34.7.12, 06-16-01]

 

16.34.7.13             BOOTH ESTABLISHMENT LICENSE

                A.            The lessee of the space must obtain a booth establishment license fifteen days prior to providing licensed activity.  The booth establishment license must be posted where clearly visible to the public.  The booth lessee also must have a valid, current practitioner license appropriate for the licensed activity offered.

                B.            If the licensee is paying the establishment owner rent, a percentage of income earned, operates as an independent business within a licensed establishment, has obtained a tax identification number or a required municipal business license, the licensee must obtain a booth establishment license.

                C.            The establishment licensee renting space to a booth lessee shall not allow an individual to render any licensed activity until the establishment licensee actually has seen a valid, current booth establishment license and a valid, current practitioner license appropriate for the licensed activity offered by the lessee.

                D.            A booth establishment license is nontransferable and must be renewed annually.

                E.             If a booth establishment licensee relocates anywhere within the state, the licensee must notify the board in writing, complete a relocation application, and pay the administrative fee.  The establishment licensee must identify booth lessee(s) at the time of original licensure and at each annual renewal.

                F.             Each licensee is responsible for compliance with minimum sanitation and safety standards.  The establishment licensee remains primarily responsible for compliance with the sanitary and safety rules for establishments set forth in 16.34.7 NMAC.  The booth establishment licensee will be subject to fines or other disciplinary action for any violation of the sanitary and safety rules within the reasonable control of the booth establishment licensee, including without limitation Subsection A, Paragraphs 5, 6, 7, 9, 10, 11, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25 and 26 of 16.34.7.9 NMAC.

                G.            The board shall notify the establishment licensee of any warnings issued to a booth establishment licensee for violations of the sanitary and safety rules.  The board shall notify the establishment licensee if the booth establishment licensee’s practitioner license has not been renewed or if the license has been restricted, suspended, or revoked.   The board shall notify the booth establishment licensee(s) if the establishment license has not been renewed or if the license has been restricted, suspended, or revoked.

[16.34.7.13 NMAC - Rp 16 NMAC 34.7.13, 06-16-01]

 

16.34.7.14             SPECIAL EVENTS PERMIT:  Any licensee desiring to sponsor a special event such as a fund-raiser, garage sale, telethon, etc. that will not be conducted at the licensed establishment, must first obtain approval from the board office.  The purpose of prior approval is to ensure professional integrity and that sanitation and safety requirements are met.  An application on the form provided by the board office must be submitted at least ten days prior to the event.  Approval for the special events may be made administratively.

[16.34.7.14 NMAC - Rp 16 NMAC 34.7.14, 06-16-01]

 

HISTORY OF 16.34.7 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with State Records Center and Archives under:

Article V, Cosmetology Establishments, 12-21-81

Article V, Cosmetology Establishments, 11-4-83

Rule 5, Cosmetology Establishments, 3-8-90

Rule 5, Cosmetology Establishments, 3-9-92

Rule 6, Establishments, 10-19-93

Rule 6, Establishments, 5-13-94

BBE Rule 86-1, Board of Barber Examiners, Rules and Regulations - 1986, 6-27-86

BBE Rule 87-1, NM Board of Barber Examiners, Rules and Regulations - 1987, 11-4-87

BBE Rule 88-1, NM Board of Barber Examiners, Rules and Regulations - 1988, 10-4-88

 

History of Repealed Material:

16 NMAC 34.7, Establishments and Enterprises - Repealed, 6-16-01