As used in the Out-of-State Proprietary School Act: A. "course" means any course, plan or program of instruction, conducted in person, by mail or by other methods; B. "student" means any person within this state who is above compulsory school age and eligible for one or more courses of instruction; C. "agent" means any person who solicits in person and for a fee the enrollment of a student in a course of instruction offered by a proprietary school; D. "proprietary school" means a nonpublic out-of-state school, academy or similar institution offering within New Mexico a course of instruction or training through correspondence or similar methods or offering within New Mexico a course of instruction or training to be conducted outside New Mexico, but does not include a private out-of-state post-secondary educational institution offering instruction or training within New Mexico, to any student within this state; and E. "commission" [department] means the commission on higher education [higher education department]. History: 1953 Comp., § 73-41-2, enacted by Laws 1971, ch. 304, § 2; 1994, ch. 108, § 21.