Analysis

Synopsis:

 House Bill (HB 54) makes changes to the Barbers and Cosmetologists Act. HB 54 adds regulation and licensing department duties. HB 54 revises Board of Barbers and Cosmetologists' duties. HB 54 revises licensing requirements for certain licensed positions.

Analysis:

 House Bill (HB 54) makes changes to several sections of the Barbers and Cosmetologists Act, Section 61-17A NMSA 1978. HB 54 revises licensing requirements by removing the high school education requirement for certain workers. HB 54 removes certain duties from the board and transfers them to the Regulation and Licensing Department.

HB 54 adds a definition for department, which means the Regulation and Licensing Department, in order to clarify references to the department throughout this act. 

HB 54 now requires the Regulation and Licensing Department to: 
(1) process and issue licenses to applicants who meet the requirements of the Barbers and Cosmetologists Act and board rules; 
(2) investigate persons engaging in practices that may violate the provisions of the Barbers and Cosmetologists Act and report results of an investigation to the board; 
(3) approve the selection of and supervise primary staff assigned to the board; 
(4) carry out the operations of the board to include budgetary expenditures; 
(5) maintain records, including financial records; and 
(6) keep a licensee record in which the names, addresses and license numbers of all licensees shall be recorded together with a record of all license renewals, suspensions and revocations.

Removed Duties from the Board:
•	adopt a seal.
•	furnish copies of rules and sanitary requirements adopted by the board to each owner or manager of an establishment, enterprise or school.

Changed Law: Licensure Requirements-Barbers.

Removed:
•	has an education equivalent to the completion of the second year of high school.

Changed Law: Licensure Requirements-Hairstylists.

Removed:
•	has an education equivalent to the completion of the second year of high school.

Changed Law: Licensure Requirements-Cosmetologists.

Removed: 
•	has an education equivalent to the completion of the second year of high school.

Changed Law: Licensure of Instructors.

Removed:
•	has completed at least a four-year high school course of study or its equivalent as approved by the board.

Changed Law: Barber Instructor Licenses.

Removed:
•	has completed at least a four-year high school course of study or its equivalent as approved by the board.

Changed Law: License to be Displayed-Notice of Change of Place of Business.

New Duty:
•	Regarding a change in place of business, the notification now goes to the Regulation and Licensing Department.

Removed Duty: 
•	Upon receipt of the notification, the executive director will make the necessary change in the books.

Changed Law: License Nontransferable.

Change of Duty:
•	Each license will now be issued under the authority of the Barbers and Cosmetologists Act by the Regulation and Licensing Department in the name of the licensee. 
•	The board was removed from this duty.

Changed Law: Grounds for Refusal to Issue, Renew, Suspend or Revoke a License.

HB 54 now states that the board will, in accordance with the provisions of the Uniform Licensing Act, issue a fine or penalty, restrict, refuse to issue or renew or will suspend or revoke a license for any one or more of the following causes:
•	working in a capacity regulated pursuant to the provisions of the Barbers and Cosmetologists Act while under the influence of intoxicating liquor or drugs.

Removed:
•	conviction of a crime involving moral turpitude.

Change of Duty:
•	Any license suspended or revoked will be delivered to the Regulation and Licensing Department or any agent of the department upon demand.
•	The board from removed of this duty.

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