Current through Register Vol. 48, No. 9, September 27, 2024
(A) Enforcement.
(1) The holder or holders of a salon license
or a school license, and the person in charge of any such salon or school,
shall be liable for implementing and maintaining the sanitary rules in such
salon or school individually and jointly with all persons in or employed by or
working in or on the premises of such salon or school. All licensed
cosmetologists, instructors, nail technicians and estheticians shall be held
individually liable for implementation and maintenance of the sanitary rules
applicable to them.
(2) To assure
compliance with the laws and regulations governing the operations of salons and
schools, a Board designated representative shall have access to the premises of
any salon or school, at any time that the instruction or practice of
cosmetology and related professions are being conducted. Cosmetology related
professions include but are not limited to nail technology, esthetics, and
instructor training programs.
(3)
Refusal to permit, or interference with, an inspection constitutes a cause for
disciplinary action.
(4) A
licensee's failure to observe all rules and regulations on sanitation and to
maintain adequate precautionary measures for the public's protection and safety
is cause for disciplinary action up to revocation of license. Failure to
display, in full public view, all licenses applicable to the salon or school
and the persons therein engaged in the practice of cosmetology and related
professions as well as the sanitary rules and regulations and the sanitary
rating given to said salon or school, is sufficient cause for revocation of
licenses.
(5) A salon's or school's
failure to receive a passing inspection is sufficient cause for disciplinary
action up to revocation of license, if not corrected by the next inspection.
Thirty days thereafter the board may schedule a show cause hearing in
accordance with the provisions as established by the statutes regulating
cosmetology.
(B) Rules.
(1) Every salon and school must occupy a
separate building, or part of a building, which is suitable to render adequate
sanitary services to the public, wherein cosmetology or related professions may
be taught or practiced. Salons and schools must be separated from each other by
a solid wall from the floor to the ceiling and separate entrances.
(2) Salons and schools shall comply with all
state and local building, plumbing and electrical codes.
(3) Salons and schools shall comply with all
relevant and current federal/state workplace safety laws.
(4) The use of a salon or school as living,
dining or sleeping quarters is prohibited.
(C) Residential Salons.
(1) Residential salons must maintain a
separate entrance for clients, which entrance shall not open from the living,
dining or sleeping quarters, and all doors previously opening into such
quarters must be permanently sealed.
(2) No portion of the salon may be used as a
portion of a private residence.
(3)
Entrances must permit patrons to enter salon directly without requiring passage
through any portion of the residence.
(4) Separate toilet facilities for patrons
must be provided apart from the living quarters.
(D) Physical Facilities of Salons and
Schools.
(1) Cleanliness and Repair. Each
salon and school must keep the floors, walls, woodwork, ceilings, furniture,
furnishings, and fixtures clean and in good repair.
(2) Water Supply. Each salon and school must
provide a supply of hot and cold running water.
(3) Toilet Facilities. Each salon and school
must provide toilet and hand washing facilities consisting of at least one
commode and one lavatory in good working order, with hot and cold running
water, soap and disposable towels. Restrooms may not be used for
storage.
(4) Drinking Water. Each
salon and school must supply potable drinking water.
(E) Animals in Salons and Schools.
No
person may bring any animal into, permit any animal to be brought into, or
permit any animal other than a service animal for the disabled to remain in, a
salon or school.
(F)
Infectious Disease.
(1) Licensees must not
permit any person afflicted with a known infestation of parasites or with a
known infectious or communicable disease which may be transmitted during the
performance of the acts of cosmetology or related professions, to work or train
in a salon or in a school.
(2) No
salon or school may knowingly require or permit a student or person licensed by
the Board of Cosmetology to work upon a person known to suffer from any
infectious or communicable disease, which may be transmitted during the
performance of the acts of cosmetology or related professions.
(3) No salon or school may require or allow a
student or licensee of the Board of Cosmetology to perform any service on a
patron with a known infestation of parasites.
(G) Personal Cleanliness.
Washing Hands.
Every person performing cosmetology or related services in a salon or school
must thoroughly clean his or her hands with soap and water or any equally
effective hand sanitizer before serving each patron.
(H) Implements, Supplies and
Materials.
Licensees and students must dispose of all porous supplies or
materials which come in direct contact with a patron and cannot be disinfected
(for example, cotton pads, nail abrasives/buffers and neck strips) in a covered
waste receptacle immediately after their use or when the service is completed.
(I) Disinfecting
Nonelectrical Instruments and Equipment.
(1)
Before use upon a patron, all non-electrical, non-porous implements,
instruments and accessories used in the practice of cosmetology, nail
technology, and esthetics must be disinfected in the following manner:
(a) clean with soap (or detergent) and water
or a chemical cleaner, rinse, and dry completely; then
(b) totally immerse implements in, or
spray/wipe, with an EPA-registered disinfectant with demonstrated bactericidal,
fungicidal, pseudomonacidal and virucidal activity used according to
manufacturer's instructions including concentration and contact time
requirements. Alcohol is not an acceptable disinfecting agent. Bleach products
must have an EPA registration for hospital-level disinfection.
(2) All disinfected implements
must be stored in a clean, dry, covered container such as a clean drawer or
cabinet.
(3) The disinfectant
solutions specified in Regulation 35-20(I)(1):
(a) shall remain covered at all
times;
(b) shall be changed daily
or sooner if visible debris is present or becomes cloudy, per the
manufacturer's label; and
(c) shall
be of sufficient size to accommodate all implements including
handles.
(4) All
nondisinfected implements (those that have been used on a patron or soiled in
any manner) must be placed in a closed receptacle labeled "soiled" or "items to
be disinfected" until such time as they can be properly disinfected.
(J) Disinfecting Electrical
Implements.
(1) Licensees and students must
disinfect clippers, scalp vibrators, and other electrical implements prior to
each use by:
(a) first removing all foreign
matter; and
(b) disinfecting with
EPA-registered disinfectant with demonstrated bactericidal, fungicidal,
pseudomonacidal and virucidal activity used according to manufacturer's
instructions, including contact time requirements. The following are accepted
methods of disinfection: sprays, wipes or immersion.
(2) All disinfected electrical implements
shall be stored in a clean manner between uses. Acceptable storage would be on
a clean towel, covered by a clean towel, hooked on the side of the station, in
a drawer that is disinfected daily or in a plastic/rubber "bucket" installed in
the station and disinfected daily.
(3) Towel warmers must be disinfected daily.
Salons using hot steam towels in service must meet these requirements:
(a) Towels must be washed with detergent and
bleach, and then dried on "hot".
(b) Practitioners preparing towels for the
warmers must first wash their hands or wear gloves.
(c) Wet towels used in services must be
prepared fresh each day. At the end of the day, unused steamed towels must be
removed and laundered as described in Regulation 35-20(J)(3).
(4) Pedicure bowls, tubs or
basins.
(a) After each client:
(i) Drain tub completely.
(ii) Clean with soap/detergent and brush to
remove all film from bowl.
(iii)
Fill tub with clean water and drain.
(iv) Fill tub with clean water and add EPA
registered disinfectant that is bactericidal, fungicidal, pseudomonacidal and
virucidal at the proper concentration as indicated on the manufacturer's
label.
(v) In non-circulating tubs,
allow clean water and EPA registered disinfectant that is bactericidal,
fungicidal, pseudomonacidal and virucidal to stand for contact time listed on
the manufacturer's label. In circulating tubs, allow EPA registered
disinfectant that is bactericidal, fungicidal, pseudomonacidal and virucidal to
circulate for contact time listed on the manufacturer's label.
(vi) Drain tub, fill with clean water and
drain prior to filling for client use.
(b) At the end of the day
(i) Drain tub completely.
(ii) Remove all removable parts, and scrub
tub and all removable parts with soap/detergent and brush.
(iii) Rinse all removable parts and immerse
in EPA registered disinfectant that is bactericidal, fungicidal,
pseudomonacidal and virucidal mixed at the proper concentration for the contact
time listed on the manufacturer's label.
(iv) Fill tub with clean water and add EPA
registered disinfectant that is bactericidal, fungicidal, pseudomonacidal and
virucidal mixed at the proper concentration as indicated on the manufacturer's
label.
(v) In non-circulating tubs,
allow the disinfectant to stand for contact time listed on the manufacturer's
label. In circulating tubs, allow the disinfectant to circulate for contact
time listed on the manufacturer's label.
(vi) Drain tub and replace removable parts.
Fill tub with clean water and drain prior to filling for client use.
(vii) Implements that are considered
semi-critical, such as microdermabrasion wands, should either be disposable or
be treated with high-level disinfection by immersing in an enzyme detergent for
a minimum of fifteen (15) minutes, rinsing, scrubbing both internally and
externally using a wire bristle brush, and then immersing in an EPA registered
disinfectant for a minimum of 10 minutes.
(K) Liquids, Creams, Powders and
Other Cosmetic Preparations.
(1) Storage. All
liquids, creams and other cosmetic preparations must be kept in clean, closed
and properly labeled containers. Powders may be kept in a clean
shaker.
(2) Removal from Container.
When only a portion of a cosmetic preparation is to be used on a patron,
licensees and students must remove it from the container using a disposable or
single use spatula so as not to contaminate the remaining portion. Cosmetic
pencils must be sharpened after each use. Cosmetic pencil sharpeners must be
disinfected after each use.
(3)
Paraffin which was removed for single use may not be returned to the paraffin
warmer.
(4) Wax for hair removal
services must be kept clean of debris.
(a) Wax
must be removed to a single use container or removed with a single use spatula
that may not be re-dipped (including using the other end) into the wax
pot.
(b) Wax pot must be completely
emptied and disinfected if contaminated by double dipping or debris.
(L) Headrests, Shampoo
Bowls, and Treatment Tables.
(1) Licensees and
students must cover the headrest of chairs with a clean towel or disposable
paper sheet for each patron.
(2)
Shampoo trays and bowls must be cleansed with soap and water after each shampoo
and disinfected daily, including the front of the bowl that may come in contact
with the client and kept in good repair at all times.
(3) Licensees and students must cover
treatment tables with a clean sheet of disposable examination paper or clean
linens for each patron. Tables must be disinfected between services, prior to
covering with paper or linen; sprays or wipes are acceptable as defined in
Regulation I (1)(A) and (B).
(M) Towels.
(1) Used, disposable towels must be
discarded. After a cloth towel has been used once, it must be deposited in a
closed, vented receptacle, labeled "soiled linens" and shall not be used again
until properly laundered.
(2)
Proper Methods of Laundering. Used towels must be laundered either by regular
commercial laundering or by a noncommercial laundering process which includes
washing on the "hot" setting and drying until all moisture is gone and towels
are hot to the touch from the dryer.
(3) Storage. All clean towels must be stored
in a clean, closed cabinet or container.
(N) Bottles and Containers.
Licensees
and students must clearly, distinctly and properly label in English all bottles
and containers in use in a school or salon to disclose their contents. All
bottles containing poisonous or potentially hazardous substances shall be
additionally and distinctly marked as such.
(O) Neck Strips.
Licensees and students
must use disposable neck strips or clean towels to keep the protective covering
from coming in direct contact with a patron's neck. Protective coverings
(capes) must be properly laundered (see Regulation Regulation Regulation
35-20(M)(2)) after each client.
(P) Licensees may not use any of the
following substances, products or tools while performing cosmetology or related
services:
(1) Methyl Methacrylate Liquid
Monomers (MMA).
(2) Razor-type
callus shavers designed and intended to cut growths of skin such as corns and
calluses (e.g. credo blades, rasps).
(3) Alum or other astringents in stick or
lump form (alum or other astringents in powder or liquid form are
acceptable).
(4) Fumigants such as
formalin (formaldehyde) tablets or liquids.
(5) Garra rufa fish used in "fish
procedures."
(6) The use of any
product, preparation, device or procedure that penetrates beyond the stratum
germinativum layer, also known as the basal layer of the epidermis, of the skin
is strictly prohibited. (e.g. acids with a PH below 3, medium depth or
physician level peels, microneedling, dermaplaning and microblading.)
(7) Roll on wax is prohibited if applied
directly to the skin. If used, they must be treated as a single use item and
disposed of after each use.
(8)
Ultraviolet (UV) Sterilizers or light boxes are prohibited. They are not
acceptable infection control devices.
(9) Autoclaves and autoclave packaging of
tools are prohibited unless regular (at least once per month but not more than
30 days between tests) spore tests are performed by a contracted laboratory. If
a positive spore test is received, the autoclave may not be used until a
negative spore result is received.
(10) Electric files or drills not
specifically manufactured for use on human nails are prohibited.
(11) Possession on licensed premises, or by a
licensee, of any item(s) listed in this section is a violation under this
chapter.