N.M. Admin. Code § 16.34.7.8
Current through Register Vol. 35, No. 20, October 22, 2024
Section 16.34.7.8 - APPLICATION AND REQUIREMENTS FOR ENTERPRISE OR ESTABLISHMENT LICENSEA. A completed official application for an enterprise or establishment license must be filed with the board at least 15 days prior to the expected opening of the enterprise or establishment: Applications must include the required fee in the form of a money order, cashier's check, business check or credit card for on-line transactions, (no personal checks will be accepted). Applications must include: (1) a copy of the owner's business license must accompany initial application;(2) a list of all booth renters working in the establishment (if applicable);(3) all fees are non-refundable;(4) incomplete applications will be returned; and(5) electronic signatures will be acceptable for applications submitted pursuant to 16.34.1 NMAC through 16.34.16 NMAC.B. The application, if complete, may be administratively approved. A formal inspection of the enterprise, outreach enterprise unit or establishment shall take place after the issuance of the license.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 each year on the last day of the month of original issue date.F. Official enterprise or establishment license must be displayed where visible to the public upon entry to the establishment;G. The most recent inspection report shall be printed and posted in each establishment where visible to the public within 72 hours of the inspection. It is the responsibility of the licensee that signed the inspection report and the owner to ensure this requirement is met.H. The following information shall be kept on file on the premises of an enterprise or establishment and available for inspection by the board: (1) the full names of all employees in the enterprise or establishment and their exact duties;(2) the name and address of enterprise or establishment owner;(3) a complete description of all services performed;(4) 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.(5) safety data sheet (SDS) must be current. A file containing pertinent information regarding products. Hard copies MUST be available. Computer based storage or access may only be used when all employees have access at all hours;(6) a copy or access to the New Mexico board of barbers and cosmetologists statutes and rules;(7) a site specific OSHA exposure control plan;(8) if a pedicure tub is maintained on the premises, a log is maintained by the salon showing the legible signature, license number of the person disinfecting pedicure tub as defined in 16.34.7.9 NMAC. The time and date of the disinfection process and the name of the disinfectant used. Log entries must be maintained on the salon premises for 12 months; and(9) as defined in 16.34.7.9 NMAC a log of each autoclave use must be maintained showing all testing samples and results, and a maintenance log of all maintenance performed according to the manufacturer's directions. The salon must retain the most recent twelve months of the log at the salon for review by the board;I. Each establishment licensed by the board shall post a sign at the main entrance, which indicates the type of business being performed.J. Proper signage must indicate the type of services offered.K. If establishment is attached to a residence, it shall have a separate entrance. Permission from the county or city is required prior to submittal of application.L. 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.M. 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 infection control and safety standards. Reasonable access to a restroom must be provided by the establishment or mobile outreach enterprise unit.N. Except as provided in these rules, no services authorized under this act may be provided away from a licensed establishment. Services authorized under this act may be provided in mobile outreach units only as specified in these rules.O. 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.P. Each outreach enterprise mobile unit will be equipped with or have available a cellular phone or other communication capability necessary for immediate access or prompt response.Q. Each outreach enterprise mobile unit must have signage on at least two sides for identification information in letters no smaller than five inches.R. Outreach enterprise mobile units shall be used for the sole purpose stated in 16.34.1 NMAC of these rules.N.M. Admin. Code § 16.34.7.8
16.34.7.8 NMAC - Rp 16 NMAC 34.7.8, 06-16-01, Amended by New Mexico Register, Volume XXVI, Issue 22, November 30, 2015, eff. 12/17/2015, Amended by New Mexico Register, Volume XXIX, Issue 12, June 26, 2018, eff. 7/14/2018