Board of Barbers and Cosmetologists
Minutes 11.17.2014
New Mexico Board of Barbers & Cosmetologists
Regular Board Meeting
November 17, 2014
Gaming Control Board
4900 Alameda Blvd. NE, 1st Floor Board Room
Albuquerque, NM 87113
MEETING MINUTES
· Convene/Roll Call
The Regular Board Meeting of the New Mexico Board of Barbers and Cosmetologists was called to order at 10:04 a.m. by Board Chair, Jon Stull.
Roll Call
Board Members Present:
Gabriel Garduno
Tammy Hingtgen
Shelby Hohsfield
Benjamin Shaw
Jon Stull
Kristine Templeton
Board Members Absent:
Frank Myers
Staff Present:
Pauline M. Varela, Executive Director
Randy Perez, Compliance Officer
Kathy Ortiz, Team Leader
Pat Ortiz, Administrative Assistant
Others Present:
Joshua Granata, Assistant Attorney General
Roll Call was taken by Pauline Varela and a quorum was determined present.
· Approval of Agenda
A MOTION was made by Mr. Ben Shaw to approve the agenda. Mr. Gabriel Garduno SECONDED the motion. MOTION PASSED UNANIMOUSLY.
· Introduction of New Board Members
Tammy Hingtgen, Professional Member, Cosmetologist
Kristine Templeton, Professional Member, Cosmetologist
· Approval of Draft Meeting Minutes
Ben Shaw made a MOTION to approve the minutes of the August 11, 2014, Regular Board Meeting. SECONDED by Mr. Gabriel Garduno. MOTION PASSED UNANIMOUSLY.
§ Board Business to be Discussed and Transacted
1. Infection Control and Safety Rules
Ms. Leslie Roste, RN, BSN heathcare background includes infection control, labor and delivery and emergency room. She is the National Director of Education for King Research. She assisted in writing chapters for Milady textbook, she provides inspector training and helps states keep rules and laws consistent and simple. She has assisted many states in updating their rules and regulations pertaining to infection control and safety. The presentation she provided was informative. Her knowledge and expertise will assist the Board in developing proposed rules in these areas to protect the public.
Frank Myers arrived at 10:03 a.m.
2. Administrator’s Report
Pauline Varela and Gabriel Garduno attended the National Barber conference in Las Vegas, NV held September 13th-18th. 21 states 46 delegates were in attendance. The meeting consisted on various speakers, state reports on proposed legislation and rule changes. The breakout sessions comprised of three topics: straight edge, de-regulation and inspections. New Mexico is one of the first states to begin using electronic inspections. The National Board of Barbers mentioned they are willing to assist any state who may need their assistance on any topic listed above or any issues the states may be dealing with.
PCS had an examiner training and gave presentation to licensed schools on the practical part of the national examinations for all license types. Instructors were informed on how students should be setting up their tables for the exam, explained what examiners are looking for while students are taking the exam and discussed what types of materials to use and not use. Infection control and safety standards will be added to all exams.
3. Proposed Rule Changes Barbers and Cosmetologists
Pauline Varela summarized the proposed rule changes for Barbers and Cosmetologists.
4. Proposed Rule Changes Body Art
Ben Shaw summarized the proposed rule changes for Body Art.
Due to recommendations suggested by Ms. Roste, the rules committee will take the suggestions into consideration and incorporate them into the proposed rule changes for the upcoming Special Meeting.
A MOTION was made by Mr. Ben Shaw to begin processing eligible applicants under the military rule. SECONDED by Mr. Gabriel Garduno. MOTION PASSED UNANIMOUSLY.
A MOTION was made by Ms. Shelby Hohsfield to table the proposed rule changes for Barbers and Cosmetology and Body Art proposed rule changes and have them ready for the special meeting which will be scheduled at the end of this meeting. SECONDED by Ms. Kristine Templeton. MOTION PASSED UNANIMOUSLY.
5. Subcommittee Appointments
Complaint Committee – Barbers and Cosmetology & Body Art
Jon Stull, Gabriel Garduno and Ben Shaw
Rules Committee – Barbers and Cosmetology
Gabriel Garduno, Frank Myers and Kristine Templeton
Rules Committee – Body Art
Ben Shaw and Shelby Hohsfield
Application Committee - Barbers and Cosmetology
Jon Stull
Application Committee - Body Art
Ben Shaw
6. 2015 Updated NIC Examinations
a) Infection Control and Safety Standards will be part of the practical examinations.
b) NIC Barbering Styling Practical CIB – for informational purposes only. CIB will be updated if the Board votes to add any additional services.
c) NIC Esthetics Practical CIB – for informational purposes only. CIB will be updated if the Board votes to add any additional services.
d) NIC Nail Tech Practical CIB – for informational purposes only. No additional services will be added to practical exam.
e) NM School Sample Letter NIC Barber, Esthetics and Nail Technology Content Revision - PCS will send all schools a letter once the Board if the Board decides to add any additional services.
A MOTION was made by Frank Myers to add Basic Facial, Blow Dry Styling and Thermal Curling to the Barber Exam. Tammy Hingtgen SECONDED the motion. MOTION PASSED UNANIMOUSLY.
A MOTION was made by Tammy Hingtgen to table additional services for Esthetics Exam. Kristine Templeton SECONDED the motion. MOTION PASSED UNANIMOUSLY.
7. Scope of Practice for Estheticians Working in a Medical Spa/Establishment
Physician can hire an esthetician but they would have to train them in the specific types of equipment they would be using. The Physician would then notify the Medical Board who was trained, the type of equipment they were trained to use and cover the individual under their insurance. When the individual is performing any of the services they have been trained in, they must be under the direct supervision of the Physician, therefore, the Physician has to be on site, overseeing the procedure. These individuals are be referred to as Medical Assistants.
a) License Requirement for Medical Spas - Inspectors need clarification as to whether Medical Spas are required to obtain an establishment license through the Board of Barbers and Cosmetology. Board Attorney, Joshua Granata will review the Boards rules and statutes and inform the Board if an establishment license would be required since Estheticians working in in a medical spa can performing Esthetic services then perform services as a medical assistant.
8. Discussion and Action Regarding Ms. Cohen’s Petition and Request for Rule Making Pursuant to NMSA 61-17A-4 € and NMAC 16.34.13 (C)
A MOTION was made by Mr. Gabriel Garduno to deny Ms. Cohen’s petition to allow Cosmetologists to remove hair by shaving for the proposed rule change. Tammy Hingtgen. SECONDED the motion. MOTION PASSED UNANIMOUSLY.
9. NIC Tattoo, Body Piercing and Micropigmentation Theory Exam Review
a) NIC has agreed to allow Crystal Sims to review the Body Piercing Exam as she was a previous Board member. Once she signs the affidavit, NIC will make arrangements for Benjamin Shaw, Crystal Sims and Shelby Hohsfield to review the exam content.
10. Osiris L. Keith Request
A MOTION was made by Ben Shaw to deny request for variance to take the National Theory Exam. Mr. Keith can apply for an apprenticeship program. Upon completion of apprenticeship program, he will be eligible to retake National Exam. Ben Shaw SECONDED the motion. MOTION PASSED UNANIMOUSLY.
11. Clinton James Morrison Request - applicant is petitioning the Board to use three years of current work experience. This would complete application requirements and allow him to take national exam. Board Attorney, Joshua Granata will review rules and regulations to determine if applicant would be able to obtain license if he is approved to take the exam.
A MOTION was made by Ben Shaw to table request. Shelby Hohsfield SECONDED the motion. MOTION PASSED UNANIMOUSLY.
12. Public Service Announcements - For informational purposes only.
· Executive Session
A MOTION was made by Mr. Frank Myers 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). Ben Shaw SECONDED the motion. MOTION PASSED UNANIMOUSLY.
Executive Session - 2:32 p.m.
Roll Call
Gabriel Garduno - Aye
Tammy Hingtgen - Aye
Shelby Hohsfield - Aye
Frank Myers - Aye
Benjamin Shaw - Aye
Jon Stull - Aye
Kristine Templeton - Aye
Let the record show that the recorder is back on. The New Mexico Board of Barbers & Cosmetologists is back in open session. The time is 4:52 p.m. Pursuant to 10-15-1 H (1) and (3) of the Open Meetings Act the matters discussed in the closed meeting were limited only to the items listed in the motion to go into closed session.
· Board Action on Matters Discussed in Executive Session
A MOTION was made by Benjamin Shaw to dismiss case #BC-11-06, #BC-11-15, #BC-11-23, #BC-11-30, and #BC-2012-26. Gabriel Garduno SECONDED the motion. MOTION PASSED UNANIMOUSLY.
A MOTION was made by Frank Myers to dismiss case # BC10, 5-16-14 COM, #BC25, 13-4-22 COM, #BC11 5-16-14 COM, #BC12, 5-30-14 COM, #BC14, 13-2-27 COM, #BC17 7-15-14 COM, and #BC2 2-4-14 COM. Gabriel Garduno SECONDED the motion. MOTION PASSED UNANIMOUSLY.
A MOTION was made by Frank Myers to table case #BC57 13-11-12 COM, #BC13 6-30-14 COM, and #BC18 7-15-14 COM. Kristine Templeton SECONDED the motion. MOTION PASSED UNANIMOUSLY.
A MOTION was made by Benjamin Shaw to refer case #BC24, 13-4-1 COM to the Attorney General’s Office for the issuance of a Notice of Contemplated Action for violations to include but not limited to: NMAC 16.34.13-.9 (C) (2), with the following terms proposed for early resolution: Respondents shall pay maximum fines allowed as per NMAC 16.34.15.8 (F) (1) and (H) (1) in the amount of nine hundred ninety nine dollars ($999.00), pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail, the Attorney General’s Office may proceed with the issuance of a Notice of Contemplated Action. Kristine Templeton SECONDED the motion. MOTION PASSED UNANIMOUSLY.
A MOTION was made by Benjamin Shaw to refer case #BC43, 13-8-27 COM to the Attorney General’s Office for the issuance of a Notice of Contemplated Action for violations to include but not limited to: NMAC 16.34.7.9 (A) (1-30), with the following terms proposed for early resolution: Respondents shall pay maximum fines allowed as per NMAC 16.34.15.8 (H) (3), in the amount of nine hundred ninety nine dollars ($999.00), pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail the Attorney General’s Office may proceed with the issuance of a Notice of Contemplated Action. Kristine Templeton SECONDED the motion. MOTION PASSED UNANIMOUSLY.
A MOTION was made by Benjamin Shaw to refer case #BC16, 13-3-13 COM to the Attorney General’s Office for the issuance of a Notice of Contemplated Action for violations to include but not limited to: NMSA §61-17A-21 (A) (8), (A) (14) and NMAC 16.34.7.9 (A) (1-30), with the following terms proposed for early resolution: Respondents shall pay maximum fines allowed as per NMAC 16.34.15.8 (C) (2) and (H) (1), in the amount of four hundred dollars ($400.00), pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail the Attorney General’s Office may proceed with the issuance of a Notice of Contemplated Action. Kristine Templeton SECONDED the motion. MOTION PASSED UNANIMOUSLY.
A MOTION was made by Benjamin Shaw to refer case #BC17, 13-3-18 COM to the Attorney General’s Office for a Notice of Contemplated Action for violations to include but not limited to: NMSA §61-17A-21 (A) (8) and NMAC 16.34.2.10 (B), with the following terms proposed for early resolution: Respondents shall pay maximum fines allowed as per NMAC 16.34.15.8 (D) (2), in the amount of four hundred dollars ($400.00), pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail the Attorney General’s Office may proceed with the issuance of a Notice of Contemplated Action. Kristine Templeton SECONDED the motion. MOTION PASSED UNANIMOUSLY.
A MOTION was made by Benjamin Shaw to refer case #BC18, 13-3-18 COM to the Attorney General’s Office for a Notice of Contemplated Action for violations to include but not limited to: NMSA §61-17A-21 (A) (8) with the following terms proposed for early resolution: Respondents shall pay maximum fines allowed as per NMAC 16.34.15.8 (C) (3), in the amount of nine hundred ninety nine dollars ($999.00), pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail the Attorney General’s Office may proceed with the issuance of a Notice of Contemplated Action. Kristine Templeton SECONDED the motion. MOTION PASSED UNANIMOUSLY.
Recess on November 17, 2014 at 5:03 p.m.
Reconvene on December 8th at 9:15 a.m.
At 9:15 a.m. the Board Chair, Mr. Jon Stull called the New Mexico Board of Barbers and Cosmetology meeting to order.
ROLL CALL
Board Members Present:
Gabriel Garduno
Tammy Hingtgen
Frank Myers
Benjamin Shaw
Jon Stull
Kristine Templeton
Board Members Absent:
Shelby Hohsfield
Staff Present:
Pauline M. Varela, Executive Director
Randy Perez, Compliance Officer
Kathy Ortiz, Team Leader
Others Present:
Joshua Granata, Assistant Attorney General
Roll Call was taken by Pauline Varela and a quorum was determined present.
· Executive Session
A MOTION was made by Benjamin Shaw 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). Kristine Templeton SECONDED the motion. MOTION PASSED UNANIMOUSLY.
Executive Session – 9:17 a.m.
Roll Call
Gabriel Garduno - Aye
Tammy Hingtgen - Aye
Shelby Hohsfield - Absent
Frank Myers - Aye
Benjamin Shaw - Aye
Jon Stull - Aye
Kristine Templeton - Aye
Let the record show that the recorder is back on. The New Mexico Board of Barbers & Cosmetologists is back in open session. The time is 1:29 p.m. Pursuant to 10-15-1 H (1) and (3) of the Open Meetings Act the matters discussed in the closed meeting were limited only to the items listed in the motion to go into closed session.
· Board Action on Matters Discussed in Executive Session