Will This Work s20

Board of Barbers and Cosmetologists

Minutes 08.11.2014

New Mexico Board of Barbers & Cosmetologists

Regular Board Meeting

August 11, 2014

Regulation and Licensing Department

5200 Oakland Avenue, NE

Albuquerque, NM 87113

MEETING MINUTES

I.  CALL TO ORDER AND ROLL CALL

The Board Attorney, Joshua Granata suggested Mr. Jon Stull act as temporary Chair for the meeting.

The Regular Board Meeting of the New Mexico Board of Barbers and Cosmetologists was called to order at 9:45 a.m. by Chair, Jon Stull. Pauline Varela took roll call. Chair Stull established that a quorum was present.

Board Members Present:

Gabriel Garduno

Shelby Hohsfield

Frank Myers

Benjamin Shaw

Jon Stull

Board Members Absent:

Staff Present:

Pauline M. Varela, Executive Director

Randy Perez, Compliance Officer

Others Present:

Joshua Granata, Assistant Attorney General

II.  APPROVAL OF AGENDA

Pauline Varela asked the Board to amend the agenda to include Rules Committee appointments.

A MOTION was made by Mr. Frank Myers to approve the agenda as amended. SECONDED by Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

III. ELECTION OF OFFICERS

A MOTION was made by Mr. Frank Myers to nominate Mr. Jon Stull as Chair. SECONDED by Ms. Shelby Hohsfield. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Chair Jon Stull to nominate Mr. Frank Myers as Vice Chair. SECONDED by Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

IV. APPROVAL OF MINUTES

A MOTION was made by Mr. Frank Myers to approve the minutes of June 17, 20, 2014. SECONDED by Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

V.  BOARD BUSINESS TO BE TRANSACTED

·  U. S. Department of Education Regarding State Authorization Regulations, 34 CFR 600.9 (a), (b) – Eligibility to Participate in Title IV Federal Student Aid Programs. The Board Attorney, Mr. Joshua Granata will draft a letter regarding the need for an extension.

·  Board Attorney, Joshua Granata gave an overview of the Open Meetings Act to the Board.

·  Open Meetings Resolution

A MOTION was made by Mr. Ben Shaw to Adopt the Open Meetings Resolution. SECONDED by Mr. Gabriel Garduno. MOTION PASSED UNANIMOUSLY.

·  Subcommittee Appointments

o  Barbers and Cosmetology

Rules Committee – Mr. Frank Myers and Ms. Shelby Hohsfield

Complaint Committee – Mr. Gabriel Garduno and Jon Stull

Application Committee – Mr. Jon Stull

o  Body Art

o  Rules Committee – Mr. Ben Shaw and Mr. Gabriel Garduno

o  Complaint Committee – Mr. Ben Shaw

o  Application Committee – Mr. Ben Shaw

·  Strategic Plan – RLD provided a template for the Strategic plan, however, due to the short deadline, the Board did not have final review before the plan was submitted. The Board will use the template to prepare the Strategic plan for next year.

·  The Board has been receiving several requests from licensee’s regarding medical esthetics. The Board does not license medical esthetics. The Executive Director will contact the medical board for further information regarding the scope of practice for estheticians working in a medical spa/establishment.

·  The Board reviewed the letter submitted by Dr. Christopher Fletcher. No action was taken.

·  Crystal Simms gave a brief overview as she attended the NIC Annual Conference in Denver in 2013. She mentioned that most states were implementing electronic inspections. She wanted to the Board to know how important it is to send a representative from the Board as well as sending the Executive Director to the NIC Annual Conference.

A MOTION was made by Mr. Frank Myers to pay NIC annual dues and to send a Board member and Executive Director to the NIC Annual Conference in 2015. SECONDED Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Frank Myers to pay Dues for the National Association of Barber Boards of America and send Mr. Gabriel Garduno and Executive Director to the Annual Conference Las Vegas, NV on September 13th through 18th. SECONDED Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Gabriel Garduno to table the use of Fraxel Laser and use of Dermapen. The rules committee will work on drafting proposed rules to clarify what types of devices can be used by licensed practitioners. SECONDED Ms. Shelby Hohsfield. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Ben Shaw to allow Erin Martinez to perform areola restoration. SECONDED Ms. Shelby Hohsfield. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Frank Myers to table requests from EMS Safety Services Inc., International Board of Medicine and Surgery and the Guild Video Proposal. SECONDED Mr. Gabriel Garduno. MOTION PASSED UNANIMOUSLY.

The Board discussed the request from Debbie Salazar to attend the AIE Electrology program in California and take national exams in NM to get licensed in New Mexico. The American Institute of Education submitted a request to anyone in New Mexico to attend their training program and get licensed in New Mexico. The Board does not have jurisdiction in the State of California, however, an individual attending AIE would be able to get licensed in California and apply for licensure in New Mexico through reciprocity.

The Board discussed the request from Susan Klebanoff to attend Permanent Makeup Training at Permanent Choices in the San Francisco area. The Board does have jurisdiction in the State of California, however, Ms. Klebanoff can obtain the training and get licensed in California and apply for licensure in New Mexico through reciprocity.

A MOTION was made by Mr. Ben Shaw to table the request from Kimberly Sims regarding the sharps disposal. The rules committee will review rule. SECONDED Ms. Shelby Hohsfield. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Frank Myers to decline request from Barbara Cohen to use the straight edge as she is licensed as a cosmetologists and not licensed as a barber. SECONDED by Mr. Gabriel Garduno. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Frank Myers to decline request from Jessie Cohen to earn 50 hours needed for a crossover using an apprenticeship instead of attending a Board approved school. MOTION PASSED UNANIMOUSLY.

The Executive Director will obtain information from the National Institute of Cosmetology regarding the use of steri dry in other states.

A MOTION was made by Mr. Frank Myers that requires all schools to apply for a special event permit. If the event is a charity event, a fee of $25.00 is not required. SECONDED by Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

MSDS sheets will be transitioning to SDS sheets in 2014.

VI. 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). SECONDED by Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

Executive Session - 2:55 p.m.

Roll Call

Gabriel Garduno - Aye

Shelby Hohsfield - Aye

Frank Myers- Aye

Benjamin Shaw - Aye

John Stull - 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 4:55 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.

IX. BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION

Let the record show that the Complaint Committee Members John Stull abstained from voting on committee recommended cases.

A MOTION was made by Ms. Shelby Hohsfield to approve the Stipulated Agreement, Case No. D101-CB-201. SECONDED by Mr. Gabriel Garduno. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Frank Myers to dismiss Case No. BC-11-20, BC-2012-01, BC-2012-16, BC-2012-19, BC-2012-20, BC-2012-21, BC-2012-22, BC-2012-23, BC-2012-25, BC-2012-28, BC-2012-29, BC-2012-30, BC-2013-01, BC-2013-02, BC-2013-03, BC-2013-06 BC-2013-07, BC-2013-09, BC-2013-10, BC-2013-17, BC-2013-19, BC-2013-20, BC-2013-21, BC-2013-22, BC-2013-25, BC-2013-26, BC-2013-31, BC-2013-32, BC-2013-33, BC-2013-34, BC-2013-35, BC-2013-36, BC-2013-37, BC-2013-38, BC-2013-39, BC-2013-41, BC-2013-44, BC-2013-47, BC-2013-51, BC-2013-52, BC-2013-53, BC-2013-54, BC-2013-55, BC-2013-56, BC-2013-57, BC-2013-59, BC-2013-60, BC-2013-61, BC-2013-63, BC-2013-64, BC-2013-65, BC-2013-68, BC-2013-69, BC-2013-71, BC-2013-73, BC-2013-74, BC-2013-78,

BC-2013-79, BC-2013-81, BC-2013-85, BC-2013-87, BC-2013-89, BC-2013-90,

BC-2013-91, BC-2013-92, BC-2013-100, BC-2013-104, BC-2013-106, BC-2013-107,

BC-2013-108, BC-2013-109, BC-2013-110, BC 1, 13-1-7 COM, BC 5, 13-1-22 COM,

BC 10, 13-2-5 COM, BC 15, 13-3-13 COM, BC 21, 13-3-21 COM,

BC 28, 13-6-6 COM, BC 29, 13-6-6 COM, BC 30, 13-6-6 COM, BC 32, 13-6-12 COM,

BC 33, 13-6-16 COM, BC 34, 13-6-28 COM, BC 35, 13-07-01 COM, BC 37, 13-07-22 COM

BC 39, 13-07-26 COM, BC 40, 13-07-31 COM, BC 41, 13-07-26 COM, BC 48, 13-09-24 COM, BC 49, 13-09-24 COM, BC 50, 13-09-24 COM, BC 51, 13-10-24 COM (1), BC 52, 13-10-24 COM (2), BC 53, 13-10-24 COM (3), BC 54, 13-10-29 COM, BC 55, 13-11-4 COM,

BC 58, 13-12-9 COM, BC 59, 13-12-19 COM. SECONDED by Ms. Shelby Hohsfield. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Ben Shaw to table Case No. BC 4, 13-1-16 COM for further investigation. SECONDED by Mr. Gabriel Garduno. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Ben Shaw to refer Case No. BC-2013-96 to the Attorney General’s office for the issuance of a Notice of Contemplated Action for violations to include but not limited to: NMSA §61-17B-5 (A) (B) (C), NMAC 16.36.5.8 (A, H &K), NMAC 16.36.5.9 (A, C, D, E, F & I), NMAC 16.36.5.10 (B) and NMAC 16.36.5.11 (A, 1 & 2 and D) with the following terms proposed for early resolution: Respondent(s) shall pay maximums fines determined by the Board, pursuant to NMSA §61-1-3.2 (B); to be paid within 30 days. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. SECONDED by Mr. Gabriel Garduno. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Frank Myers to refer Case No. BC-2013-99 and BC-2013-105 to the Attorney General’s office for the issuance of a Notice of Contemplated Action for violations to include but not limited to: multiple and repeated violations of NMAC 16.34.7.9 (A. 12, 15 and 29) with the following terms proposed for early resolution: Respondent(s) shall pay maximums fines determined by the Board, pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. SECONDED by Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Ben Shaw to refer Case No. BC 2, 13-1-7 COM to the Attorney General’s office for the issuance of a Notice of Contemplated Action for violations to include but not limited to: multiple and repeated violations of NMAC 16.34.7.9 (A. 1-30) with the following terms proposed for early resolution: Respondent(s) shall pay maximums fines determined by the Board, pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action SECONDED by Mr. Gabriel Garduno. MOTION PASSED BY UNANIMOUSLY.

A MOTION was made by Ms. Shelby Hohsfield to refer Case No. BC 19, 13-3-18 COM to the Attorney General’s office the issuance of a Notice of Contemplated Action for violations to include but not limited to: NMAC 16.34.7.9 A. (15), 16.34.15.8 C. (2) with the following terms proposed for early resolution: Respondent(s) shall pay maximums fines determined by the Board, pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. SECONDED by Mr. Frank Myers. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Frank Myers to refer Case No. BC 45, 13-09-09 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-5 A., NMAC 16.34.3.20 A., 16.34.7.9 A. (1-30) & B with the following terms proposed for early resolution: Respondent(s) shall pay maximums fines determined by the Board, pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. SECONDED by Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Ben Shaw to refer Case No. BC 56, 13-11-7 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 16.36.2.18 A. with the following terms proposed for early resolution: Respondent(s) shall pay maximums fines determined by the Board, in the amount of one hundred dollars ($100.00), pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. SECONDED by Mr. Gabriel Garduno. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Frank Myers to refer Case No. BC 60, 13-12-26 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. (5-6, 10-11 & 28-29) with the following terms proposed for early resolution: Respondent(s) shall pay maximums fines determined by the Board, pursuant to NMSA §61-1-3.2 (B); to be paid within 60 days. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. SECONDED by Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Ms. Shelby Hohsfield to refer Case No BC 61, 13-12-26 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 §61-17B-5 (A) (B) (C) with the following terms proposed for early resolution: Respondent(s) shall pay maximums fines determined by the Board, pursuant to NMSA §61-1-3.2 (B); to be paid within 30 days. Should the Pre-NCA Settlement Agreement fail the AGO may proceed with the issuance of a Notice of Contemplated Action. SECONDED by Mr. Ben Shaw. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Mr. Frank Myers to dismiss Case No. BC 46, 13-09-10 COM & BC 7, 13-1-23 COM and to send an informal letter to the Respondent regarding the issues brought forth by the complainants. SECONDED by Mr. Ben Shaw. MOTION PASSED BY UNANIMOUSLY.