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New Mexico Regulation and Licensing Department BOARDS AND COMMISSIONS DIVISION Board of Barbers and Cosmetologists Toney Anaya Building ▪ 2550 Cerrillos Road ▪ Santa Fe, New Mexico 87505 (505) 476-4622 ▪ Fax (505) 476-4665 ▪ www.rld.state.nm.us/boards/Barbers_and_Cosmetologists

New Mexico Board of Barbers & Cosmetologists Regular Board Meeting Minutes June 25, 2012 10:00 a.m. 5200 Oakland Avenue, NE Albuquerque, NM 87113 Regulations and Licensing

I. CALL TO ORDER AND ROLL CALL

The Regular Board Meeting of the New Mexico Board of Barbers and Cosmetologists was called to order at 10:02 a.m. by Jespah Torres, Acting Chair. Pauline Varela took roll call. Acting Chair Torres established that a quorum was present.

Board Members Present: Frank Myers Maryann Baldonado Jennifer Fair Jespah Torres Jon Stull Teresa Romero

Board Members Absent: Crystal Sims, Chairwoman Camille Aragon

Staff Present: Pauline Varela, Board Administrator Joe Chavez, Inspector Cynthia Graystone, Compliance Officer

Others Present: Justin Woolf, Assistant Attorney General

II. APPROVAL OF AGENDA

Board Administrator asked if the Board could remove Ratification of Licenses from Agenda.

1 Board of Barbers and Cosmetologists June 25, 2012 A MOTION was made by Mr. John Stull to approve agenda as amended. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY.

III. APPROVAL OF MEETING MINUTES

A MOTION was made by Mr. Frank Myers to approve the minutes of February 6, 2012. SECONDED by Ms. Maryann Baldonado. MOTION PASSED UNANIMOUSLY.

Board Administrator asked if the Board could go back to the approval of agenda and add BC2012-19 under complaints and also add complaint number BC2012-18 to the agenda. The title was on the agenda but the complaint number was missing next to Notice of Suspension of Licensure.

A MOTION was made by Ms. Maryann Baldonado to approve agenda as amended. SECONDED by Ms. Theresa Romero. MOTION PASSED UNANIMOUSLY.

IV. OLD BUSINESS

Beginning June 1, 2012 candidates in New Mexico taking the Cosmetology practical examination will be required to perform the following additional services which consist of:

 Set Up and Client Protection  Thermal Curing (cold iron)  Haircutting  Chemical Waving  Virgin Hair Lightening Application and Hair Color Retouch  Virgin Relaxer Application and Relaxer Retouch Additional Services  Basic Facial (10 minutes)  Manicure (20 minutes)  Hair Removal of the Eyebrows (not timed)

The NIC content outline for all practical and theory (written) examinations can be downloaded online at PCSHQ.COM or NICTESTING.ORG. The content outline will include a list of recommended supplies, recommended references, and tasks that students will be required to perform.

V. New Business

 Inspection Report- Joe Chavez, Inspector – Inspection report total passing 508, 226 failing, shops not available for inspection was 329, which puts inspectors one half of what needs to be done for the fiscal year. Mr. Chavez mentioned the new database is a better tool and makes inspections easier to track. Inspectors should be able to achieve 100% goal.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Page 2 of 7 Revision date: 01/2008 Board of Barbers and Cosmetologists June 25, 2012  The inspectors have concerns regarding microplanes. It’s not a single use product and it’s difficult to sanitize them, however, the problem is that suppliers continue selling them to salons. Mr. Justin Woolf, Board Attorney will get back to Board on whether or not inspectors can confiscate the microplanes.

 Unlicensed Activity – Joe Chavez, Inspector - The plan is to inspect as many unlicensed established as possible the beginning of July and determine if they are operating. If they are in operation, an inspection will be conducted. Once all Body Art Establishment are inspected, inspectors will begin visiting nail shops and all other establishments. The Board will hold a Special Meeting in a month. Inspectors will report back to the Board on all unlicensed activity. At that time, the Board will review and determine if a NCA should be issued.

A MOTION was made by Ms. Jennifer Fair to approve the New Mexico Board of Barbers and Cosmetologists and Body Art to enter into a Joint Powers Agreement with the Regulation and Licensing Department to administer the provisions of the Parental Responsibility Act. SECONDED by Maryann Baldonado. MOTION PASSED UNANIMOUSLY.

A MOTION was made by MaryAnn Baldonado to approve PCS administering the theory exam in the Vietnamese language. SECONDED by Maryann Baldonado. Mr. Frank Myers abstained. MOTION PASSED UNANIMOUSLY.

 CEU’s – CEU’s submitted during renewals are not always related to the practice. It should be content specific. This will be addressed at the next rule hearing. CEU’s be specific to the practice and practitioners should be receiving training in the field. CEU providers must submit curriculum to the Board office prior to renewals. The rules committee will be addressing this issue.  Transcript Approvals – School curriculum varies. The Board office is receiving transcript of hours when a student withdraws with hours. The Board office is having a difficult time tracking hours when a student transfers from one school to another school. The school is responsible for keeping track of the student’s transcripts. The Board office will receive a copy of the transcripts once the student has completed and passed exams required by the Board. It is the school’s discretion to determine how far along a student is in their program and to provide students with copies of their transcripts.  Barber Shop / Hookah Lounge – The rules do not disallow it. As long as all safety and sanitary requirements are followed as well as compliance with City or State ordinance.  Hair Braiders Certification for New Mexico – The Board will considering adding a Braider Certification as a separate license type. Board Administrator to get information and number of hours required from other states that offer this type of certification.  PCS Scores - Board office was receiving scores from individuals who had not yet completed an application for reciprocity but were submitting transcripts. The Board office informed PCS that all individuals applying for licensure though reciprocity must first complete an application before being allowed to test. New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Page 3 of 7 Revision date: 01/2008 Board of Barbers and Cosmetologists June 25, 2012  The rules committee will prepare rules and have proposed rule changes 30 days prior to the rule hearing.

A MOTION was made by Ms. Jennifer Fair to approve the Open Meetings Resolution for FY12. SECONDED by Mr. John Stull. MOTION PASSED UNANIMOUSLY.

VI. Set Next Meeting Date

July 23, 2012 at 10:00 a.m. in Albuquerque for a Special Meeting September 24, 2012 at 10:00 a.m. in Albuquerque

VII. Public Questions or Comments

Mr. Pier Gonzales mentioned administrative errors were made to the rules in the past. Attorney, Justin Woolf informed Mr. Gonzales that he could obtain original copies of the current statutes and rules from state records.

Ms. Lydia Garcia, Aveda Institute asked if a school could offer a 900 hour program for manicurist/esthetician license. The Board requirements are 600 hours. If a school would like to offer additional hours, they must submit curriculum to the Board for approval.

VIII. Executive Session

A MOTION was made by Mr. John Stull that the meeting of the New Mexico Board of Barbers and Cosmetologists be closed while the Board enters into Executive Session to discuss licensing matters with the authority for closing being §10-15-1(H) (1). SECONDED by Ms. MaryAnn Baldonado. MOTION PASSED UNANIMOUSLY.

ROLL CALL

Crystal Sims No Maryann Baldonado Yes Frank Myers Yes Jespah Torres Yes Jon Stull Yes Jennifer Fair Yes Camille Aragon No Teresa Romero No

Back to open Session 2:07 p.m.

A MOTION was made by Mr. John Stull to come out of executive session pursuant to Sections 10-15-1-H (1) of the Open Meetings Act. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY..

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Page 4 of 7 Revision date: 01/2008 Board of Barbers and Cosmetologists June 25, 2012 A MOTION was made by Ms. MaryAnn Baldonado to notify Erin Jackson that she needs to gain employment with a licensed establishment to complete her application for licensure. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY. Acting Chair Torres abstained.

A MOTION was made by Mr. Frank Myers to dismiss the Notice of Suspension of Licensure, Complaint #BC-2012-18. SECONDED by Mr. John Stull. MOTION PASSED UNANIMOUSLY. Acting Chair Torres abstained.

A MOTION was made by Ms. Theresa Romero to grant the Motion to Vacate and Dismiss Complaint #BC 2012-06 DEN. SECONDED by Ms. MaryAnn Baldonado. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Mr. John Stull to issue a NCA on PRA-12-041641 and PRA-12-045766. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Ms. MaryAnn Baldonado revoke the license and issue $1,000.00 penalty on Complaint #BC11-01. SECONDED by Ms. Theresa Romero. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Mr. Frank Myers to issue $1,000.00 penalty for unlicensed activity and require licensee to cease all operations on Complaint #BC-11-29. SECONDED by Mr. John Stull. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Ms. MaryAnn Baldonado to Dismiss Complaint #BC-2012- 02. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Mr. John Stull to deny application for licensure on Complaint #BC-2012-05DEN. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Mr. John Stull to deny application for licensure on Complaint #BC-2012-07DEN. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Page 5 of 7 Revision date: 01/2008 Board of Barbers and Cosmetologists June 25, 2012 A MOTION was made by Ms. MaryAnn Baldonado to dismiss Complaint #BC-2012-08. SECONDED by Ms. Theresa Romero. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Ms. MaryAnn Baldonado to dismiss Complaint #BC-2012-09. SECONDED by Ms. Theresa Romero. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Ms. MaryAnn Baldonado to dismiss Complaint #BC-2012-13. SECONDED by Ms. Theresa Romero. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Ms. Theresa Romero to offer a pre-NCA settlement agreement in the amount of $1,000.00 to be paid within sixty days. If it is not accepted the Board will proceed with a NCA on Complaint #BC-2012-10. SECONDED by Mr. John Stull. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Ms. MaryAnn Baldonado to offer a pre-NCA settlement agreement in the amount of $500.00 to be paid within sixty days. If it is not accepted the Board will proceed with a NCA on Complaint #BC-2012-11. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Mr. John Stull to offer a pre-NCA settlement agreement in the amount of $1,000.00 to be paid within sixty days. If it is not accepted the Board will proceed with a NCA on Complaint #BC-2012-12. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Ms. MaryAnn Baldonado to offer a pre-NCA settlement agreement in the amount of $500.00 to be paid within sixty days. If it is not accepted the Board will proceed with a NCA on Complaint #BC-2012-14. SECONDED by Ms. Theresa Romero. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Mr. Frank Myers to offer a pre-NCA settlement agreement in the amount of $1000.00 to be paid within sixty days. If not accepted to proceed the Board will proceed with a NCA on Complaint #BC-2012-15. SECONDED by Mr. John Stull. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Ms. MaryAnn Baldonado s to issue a NCA on Complaint #BC-2012-16. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Mr. John Stull to offer a pre-NCA settlement agreement in the amount of $500.00 to be paid within sixty days. If it is not accepted the Board will proceed with a NCA on Complaint #BC-2012-17. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Page 6 of 7 Revision date: 01/2008 Board of Barbers and Cosmetologists June 25, 2012 A MOTION was made by Mr. Frank Myers to offer a pre-NCA settlement agreement in the amount of $1,500.00 to be paid within sixty days. If it is not accepted the Board will proceed with a NCA on Complaint #BC-2012-19. SECONDED by Ms. Theresa Romero. MOTION PASSED UNANIMOUSLY. Acting Chair, Torres abstained.

A MOTION was made by Mr. Frank Myers to adopt the hearing officer’s finding of facts and conclusions of law as well as the recommendation to access a penalty in the amount of $1,000.00 plus $449.57 for administrative costs for a total amount of $1,459.57, BC 11-14. SECONDED by Ms. MaryAnn Baldonado. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. John Stull to accept the settlement agreement as presented BC-11-18. SECONDED by Ms. Theresa Romero. MOTION PASSED UNANIMOUSLY.

IX. ADJOURN

The meeting was adjourned at 2:17 p.m.

New Mexico Regulation and Licensing Department BOARDS AND COMMISSION DIVISION Page 7 of 7 Revision date: 01/2008