Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
317A.130
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
317A.060 requires the Kentucky Board of
Cosmetology to regulate the practice of cosmetology, nail technology, and
esthetics in Kentucky and establish standards for the course and conduct of
school owners, instructors, apprentice instructors, licensed cosmetologists,
nail technicians, beauty salons, nail salons, cosmetology schools, and
estheticians to protect the health and safety of the public. This
administrative regulation establishes infection control, health, and safety
standards for all licensed facilities.
Section
1. Definitions.
(1)
(a) "Clean" means:
1. Removal of surface or visible debris by
using soap, detergent, or chemical "cleaner", followed by a clean water
rinse;
2. Preparing non-porous
items for disinfection by removing debris, product residues, organic matter,
and oils that may interfere with disinfection chemicals; and
3. Reducing the number and slowing the growth
of pathogens on both porous and non-porous surfaces; and
(b) "Clean" does not mean making multi-use
items safe for use.
(2)
"Contact time" means:
(a) The amount of wet
contact time required for a disinfectant to be effective against the pathogens
on the label; and
(b) The clean
items or surfaces remain completely immersed or visibly wet through the use of
sprays or wipes for the full contact time to be effective.
(3) "Disinfect" means:
(a) The process of making a non-porous item
safe for use; and
(b) Including the
use of a chemical intended to kill or denature a bacteria, virus, or
fungus.
(4)
"Disinfectant" means an approved disinfectant that is:
(a) Environmental Protection Agency (EPA)
registered bactericidal, virucidal, and fungicidal disinfectant approved for
use in the salon or spa environment, and used in accordance with the
instruction label for dilution ratio and contact time; or
(b)
1.
EPA-registered Sodium Hypochlorite 5.25 percent or higher (household chlorine
bleach) product used in accordance with the instructions for disinfection and
dilution on the label; and
2. Uses
bleach active (not expired) with a manufacture date of less than six (6) months
prior to use.
(5) "Non-Porous" means:
(a) Material that has no pores and does not
allow for liquids to be absorbed or passed through; and
(b) Common non-porous materials include
glass, metal, and plastic.
(6) "Porous" means a material that has minute
spaces or holes through which liquid or air may pass making it permeable,
penetrable, and cellular.
(7)
"Sterilize" means the eradication of all microbial life through the use of
heat, pressure, steam, or chemical sterilants.
Section 2. Health and Public Safety. The
entire licensed facility, including all equipment, employees, and implements
contained in the facility, shall be continually maintained in a safe manner
that reduces the risk of injury or illness for both the consumer and the
licensee.
Section 3. Cleaning and
Disinfecting.
(1) All non-porous implements
used on the public shall be cleaned and disinfected before each use including
items such as combs, brushes, shears, hair clips, hair rollers, pushers,
nippers, and plastic or metal spatulas.
(2) Disinfectants shall be used properly to
disinfect in accordance with the manufacturer's instructions or on the
manufacturer's label with regard to concentration and contact time. UV light
shall not be acceptable for disinfection.
(3) Each non-porous implement used in a
licensed facility shall first be thoroughly cleaned prior to disinfection with
warm soapy water or a chemical cleaner. Non-porous surfaces, such as
workstations and nail tables, shall be cleaned with a wipe or spray prior to
each service.
(4) After cleaning,
implements shall be rinsed and dried with a single use paper towel or air
dried.
(5) Implements shall then be
disinfected by completely immersing in an appropriate disinfectant for the full
contact time listed on the manufacturer's label. If appropriate, disinfecting
wipes and sprays may also be used.
(6) When the full contact time has been met,
implements shall be removed, rinsed, and dried with a single use paper towel or
air dried.
(7) Disinfected
implements shall be stored in a clean, covered container or drawer labeled as
"disinfected" or "ready to use". Dirty items shall be kept in a covered
container, labeled "dirty" until they are properly disinfected. Once an item
has been placed in the "dirty" container, it shall not be removed until the
cleaning and disinfecting process has been started.
Section 4. Chemical Safety. All chemicals
used in a licensed facility shall be:
(1)
Transported and stored in accordance with the manufacturer's label;
(2) Stored in original containers in cabinets
that may be locked that are not in public spaces or bathrooms;
(3) Mixed and applied to individuals
specifically as instructed by the manufacturer's label, including patch
tests;
(4) Discarded according to
the manufacturer's label and, if applicable, local, state, and federal rules;
and
(5) All chemicals that are
concentrates mixed into a container or distributed into a secondary container,
shall be labeled to indicate the contents. All poisonous substances shall be
clearly labeled.
Section
5. Disinfectant.
(1)
Disinfectants shall be prepared fresh daily and any time the solution becomes
diluted or soiled.
(2) Contact
time. To disinfect a non-porous surface, it shall be left wet or completely
immersed for the full contact time required by the manufacturer for
disinfecting against HIV, HBV, and all other viruses, bacteria, and fungi. If
no contact time is indicated for disinfecting, the product is not an EPA
registered disinfectant.
(3) A
container other than the original manufacturer's container used for immersing
or application of appropriate disinfectant shall be properly labeled as to
contents.
(4) All Food and Drug
Administration (FDA) designated "medical devices" shall only be disinfected by
appropriate EPA-approved disinfectants in accordance with the manufacturer's
instructions.
Section 6.
Towel Warmers.
(1) Towel warmers shall be
disinfected daily using disinfecting wipes or a spray and left open to allow
the warmer to dry completely.
(2)
Towels used in a towel warmer both wet and dry shall be washed daily,
regardless if used or not, and replaced at the opening of each day.
Section 7. Nail and Pedicure
Stations.
(1) Pedicure stations shall be
cleaned and disinfected after each use by:
(a)
Removing all removable parts;
(b)
Emptying bowl and scrub with detergent and scrub brush;
(c) Rinsing bowl and filling with clean
water;
(d) Adding appropriate
disinfectant in a proper concentration for the size of bowl; and
(e)
1. If
the bowl has any circulation or whirlpool effect, allow disinfectant to
circulate for full contact time as listed on the manufacturer's label;
or
2. If there is no circulation or
whirlpool effect, allow disinfectant to stand in bowl for full contact time as
listed on the manufacturer's label.
(2) Surfaces of nail stations shall be
disinfected between clients.
(3)
Nail clients shall be offered hand sanitizer prior to a service.
(4) A nail drill or body treatment equipment
shall be:
(a) Cleaned and disinfected after
each use by removing all removable parts; and
(b) Following the specific disinfection
instructions recommended by the manufacturer.
(5) Drill bits shall be soaked in acetone to
remove product, scrubbed, and soaked in disinfectant for full contact time
after each use.
Section
8. Electrical Implements.
(1)
Heated electrical equipment, such as a thermal iron are disinfected by the heat
source. Unheated parts of heated electrical equipment shall be cleaned and
disinfected according to the manufacturer's recommendations.
(2) All other electrical equipment, including
clippers and attachments, shall be cleaned and disinfected after each use by:
(a) Removing hair and all foreign matter from
the equipment; and
(b) Completely
saturating the clipper blade and attachment with an EPA-registered high level
disinfectant solution, spray, or foam used according to the manufacturer's
instructions.
Section
9. Waxing Services.
(1) Waxing
services shall only be performed on intact skin.
(2) Wax applicator sticks shall only be used
for a single dip into the wax and then shall be immediately
discarded.
(3) If the wax pot
becomes contaminated or debris is visible it shall be completely cleaned and
disinfected through the following steps:
(a)
Wax shall be emptied and disposed of properly;
(b) Pots shall be washed with detergent and
rinsed;
(c) All pot surfaces shall
be wiped or sprayed with EPA- registered disinfectant following manufacturer's
guidelines for contact time;
(d)
Pots shall be air dried or wiped dry with a clean paper towel; and
(e) New wax shall always be used and pots
shall remain covered at all times.
(4) Paraffin wax shall be portioned out to
prevent contamination between clients and disposed of immediately.
Section 10. General Cleaning and
Disinfection.
(1) Any item that may not be
cleaned and disinfected is considered single use and shall be disposed of after
each use. This includes items such as nail files or emery boards made of any
material except metal or glass, all cotton, buffing blocks, pumice stones,
wooden cuticle pushers, slipper shoes, toe separators, wooden spatulas, neck
strips, and paper coverings.
(2)
All shampoo bowls or similar items shall be cleaned after each use and
disinfected at the end of each day.
(3) All nonporous items to be used on
multiple clients shall be cleaned and disinfected after each use.
Section 11. Removal of Product
from Multi-Use Containers.
(1) All products
removed from a multi-use container such as a tub or tube, shall be done in a
manner that prevents contamination of the remaining product within the
container.
(2) Products such as
pomades, waxes, and gels shall be removed with either a single use spatula that
is disposed of immediately after a single use or a disinfected multi use
spatula. Fingers shall not be used to remove product.
(3) Powders and lotions shall be dispensed
from a shaker or pump ensuring that the licensee's or client's hands never
touch the dispensing portions of the container.
Section 12. Special Solution Containers.
Single use product containers shall be used whenever possible to prevent the
contamination of unused solution. All leftover product shall be disposed of,
not reused.
Section 13. Walls and
Floors. Walls, floors, and fixtures shall be kept in a safe manner at all
times. If any condition potentially places the consumer or the licensee at risk
of harm, it shall be remedied immediately.
Section 14. Trash Containers and Debris.
(1) All trash containers shall have solid
sides and a liner shall be used.
(2) All hair and debris shall be swept up
immediately following each client and placed in the closed trash
container.
Section 15.
Proper Laundering Methods.
(1) All cloth
towels, robes, and similar items shall be laundered in a washing machine with
laundry detergent used according to the manufacturer's directions.
(2) Laundry may be done through a commercial
laundry service.
(3) A closed,
dustproof cabinet shall be provided for clean towels and linen, and a closed,
side vented hamper or receptacle shall be provided for all soiled towels and
linens.
Section 16.
Personal Hygiene.
(1) Every person licensed or
permitted by the board shall thoroughly cleanse his or her hands with soap and
water or an equally effective hand sanitizer immediately before serving each
patron.
(2) Hand sanitizer shall be
made available for use by patrons at each nail station in the licensed
facility.
(3) A cosmetology
instrument or implement shall not be carried or stored in a pocket, belt,
apron, or smock.
Section
17. Blood Exposure.
(1) If a
licensee or client are injured during the service and blood is present, service
shall be stopped immediately.
(2)
If possible the area shall be washed under clean running water at a
sink.
(3) If the injury is on the
client, the licensee shall put on gloves and clean the area, then apply
antibacterial ointment and offer a bandage to the client. The licensee shall
then remove gloves, wash his or her own hands and re-apply gloves for the
duration of the service.
(4) If the
injury is on licensee, the licensee shall put on gloves and any blood on the
workstation or client shall be cleaned. The licensee shall then remove gloves,
wash the area, and apply antibiotic cream and a bandage to the area. The
licensee shall then re-apply gloves, and properly disinfect the work surface
and implements prior to starting the service again.
(5) When service is complete, all disposable
items shall be immediately thrown away and all non-porous items thoroughly
cleaned and disinfected.
(6)
Styptics to arrest bleeding shall be used only in liquid or powder form and
shall be applied using new gauze, or cotton.
Section 18. Communicable Disease.
(1) Licensees shall not perform any service
if they have been diagnosed with a communicable disease until cleared by a
medical professional for return to work.
(2) Licensees with a respiratory illness,
regardless of if they have been diagnosed, shall consider the use of a facemask
to protect clients from the possibility of transmission.
(3) Licensees shall not perform a service on
a client who has visible swelling, eruption, redness, bruising on skin, or rash
in an area where a service is to be performed.
(4) Clients with a physician's note
indicating they are not contagious, such as psoriasis or other non-communicable
skin disorders, are an exception to this rule.
Section 19. Eyelash Services.
(1) Eyelash stands, holders, or pallets
including tiles or stones, and trays shall be cleaned and disinfected before
use with each client.
(2) Eyelash
extensions shall be stored in a clean, closed container or in closed, original
packaging. Eyelash extensions that are removed from the container or original
packaging for a client's eyelash service and not used shall be disposed of and
shall not be used for another client.
(3) When removing eyelashes from the
container or package to portion out eyelashes for a service, a practitioner
shall use disinfected scissors, blade, or other tool to snip a portion of a
strip, or disinfected tweezers to portion out the lashes for each
service.
(4) Any cutting implement
used to cut the lashes in to sections, to render lash strips a onetime use,
shall be disinfected and stored in covered containers.
(5) Tape used for taping back eye lid skin or
lashes shall not be de-tacked on skin. De-tacking shall only be done on a clean
towel.
(6) Any nozzle or dropper
used for rinsing or flushing the eye during the service shall not come in
direct contact with the eye or skin.
(7) Only medical grade adhesives intended for
use on the human body shall be used.
Section 20. Esthetics.
(1) All esthetics facilities shall have a
sharp's disposal container available for disposal of sharp items, such as
lancets.
(2) A microdermabrasion or
facial machine shall be:
(a) Cleaned and
disinfected after each use by removing all movable parts;
(b) Filled, circulated, cleaned, and
disinfected with the use of hospital grade disinfectant or a ten (10) percent
bleach solution that is circulated through the machine for the minimum time
recommended by the manufacturer; and
(c) Rinsed and air dried, or wiped dry with a
clean cloth or paper towel.
Section 21. Prohibited Items. The following
sanitation methods and cosmetology practices shall be prohibited:
(1) Methyl Methacrylate acid (MMA);
(2) Isobornyl Methacrylate (IBMA);
(3) Blades for cutting the skin including
items such as credo blades, rasps, and graters for callous removal;
(4) UV light boxes or
"Sterilizers";
(5) Roll on
wax;
(6) Waxing of nasal
hair;
(7) Any product banned by the
FDA; and
(8) Use of any live animal
in any cosmetic service.
Section
22. Autoclaves.
(1) Autoclaves
used to sterilize shall be spore tested through an independent laboratory every
thirty (30) days to ensure functionality.
(2) Laboratory results shall be kept onsite
for twelve (12) months.
STATUTORY AUTHORITY:
KRS
317A.060