These proposed rule changes update the terminology used and clarify the intent of the health and safety requirements. There are no new restrictions, nor are there any reductions in restrictions, with the exception of removing the requirement for schools to provide lockers.
Rule 250-X-3-.02 Health and Public Safety Standards
(1) No licensee shall conduct services at any location which does not meet proper health and safety requirements. Compliance with rules of this chapter does not infer compliance with other requirements of federal, state, and local laws, codes, ordinances, and regulations.
(2) Possession or storage of any equipment, supplies or product associated with any act of barbering or cosmetology will be prima facie evidence of use.
(3) No licensee shall use any equipment, supplies or product banned for use by the United States Food and Drug Administration or other federal, state, or local governmental agency for barbering or cosmetology purposes.
(4) No licensee shall use styptic pencils.
(5) No shop, salon, school, or facility shall have on the premises methyl methacrylate or any other product containing hazardous substances that have been banned by the U.S. Food and Drug Administration (FDA) for use in cosmetic products.
(6) No licensee shall use any drill or other equipment, supply or product for any purpose other than that for which it was intended. Only drills marked or intended by the manufacturer “For Human Nails” are acceptable.
(7) No licensee shall use any craft or hobby tools or modified craft or hobby tools in providing services.
(8) No licensee shall perform any service outside the scope of the Board’s regulatory authority. The Board’s scope of licensure is confined to non-invasive services performed on the epidermis, specifically the stratum corneum and must not alter, cut or damage living cells.
(9) No licensee shall use callous razors or any implement intended to cut skin, including, but not limited to, rasps, credo blades and “cheese grater” type foot files in any practice of cosmetology or manicure.
(10) No licensee shall perform services on the skin or scalp of any person exhibiting open wounds, irritation, inflammation, infection, or parasitic infestation. Licensees shall not diagnose, treat, or attempt to treat any disease or condition of the skin or scalp. Services performed under this chapter are limited to cosmetic purposes only.
(11) No licensee may perform eyebrow tinting with a product which contains aniline derivative.
(12) No licensee shall practice photo rejuvenation, permanent makeup, electrolysis, tattoo, or any other act outside the regulatory authority of the Board.
(13) No person with an infectious or communicable disease may work in a salon licensed by the Board. Consumers who have symptoms of infectious or communicable disease should be declined services until symptoms have cleared.
(14) The practice of natural hairstyling is limited to cleansing, extending, locking, braiding or arranging without cutting, relaxing, removing, or applying permanent waving or chemical treatments to the natural hair.
(15) The scope of waxing for manicurist/waxer is limited to treatment above the neck.
(16) Roll on wax applicators shall be treated as single use items and discarded after each client.
(17) All cleaned and disinfected instruments and single-use items shall be stored in clean, closed containers and kept separate from other supplies to prevent contamination.
(18) All products used on clients must be kept in closed containers at all times when not in use.
(19) All products removed from a multi-use container, such as a tub or tube, must be done so in a manner that the remaining product in the container is not contaminated. Products such as pomades, waxes, and gels must be removed with either a single use spatula that is disposed of immediately after a single use or a disinfected multi-use spatula. Fingers may not be used to remove product. Products may be dispensed from a shaker or pump ensuring that the licensee’s or client’s hands do not touch the dispensing portions of the container.
(20) Each shop must use wet disinfecting units with an EPA registered disinfectant that is bactericidal, virucidal, and fungicidal, and labeled as effective against HIV and HEPB. A wet disinfecting unit is any covered receptacle that is large enough to completely immerse items to be disinfected which contains an approved disinfectant. (21) All tools, implements, supplies, linens, and equipment shall be cleaned, disinfected, and stored to prevent contamination. Cleaned and disinfected items and single use items must be stored in a closed cabinet or covered container. After use on each client, used tools, implements and used linens shall be placed in a closed receptacle separate from those which are clean and disinfected.
(22) All chemicals and products for use on clients must be properly labeled and identified.
(23) All cleaning and disinfecting products and chemicals used for cleaning must be used and stored according to the manufacturer’s directions and in a manner consistent with public safety and health interests. Flammable chemicals must be stored in a flame-retardant cabinet or in a well-ventilated storage area away from combustible materials. Chemicals such as oxidizers, catalysts and solvents must be segregated in storage.
(24) Chemicals requiring mixing must be mixed in a well-ventilated area with adequate air circulation to prevent the buildup of fumes or vapors. All chemicals shall be mixed, used, and disposed of in accordance with manufacturer instructions.
(25) Safety Data Sheets (SDS) defining product content, hazards, precautions, and first aid/medical treatment must be available upon request for products considered dangerous to public health.
(26) Any comb, brush, tool or implement which cannot be cleaned and disinfected is prohibited for use after initial use. Single-use items and disposable supplies must be disposed of immediately after use in a covered container.
(27) Any single use item which has come in contact with blood or body fluids shall be disposed of in a plastic bag.
(28) All combs, brushes, tools and implements must be cleaned and disinfected before use on any client.
(29) Combs, brushes, tools, or implements shall not be carried in licensee’s pockets, belts or holsters, or any other carrier made of porous material which cannot be cleaned and disinfected, such as, but not limited to, leather or cloth.
(30) All pedicure bowls must be cleaned and disinfected prior to each use by the following method:
(a) After each client, remove all removable parts and clean with soap or detergent and water. Rinse with clean water and immerse in an EPA registered disinfectant following the manufacturer’s directions. Store in clean, closed containers until use.
(b) Clean tub or basin with soap or detergent and clean water. Rinse with clean water.
(c) Fill the tub or basin with clean water and add EPA registered disinfectant to achieve proper concentration and allow to sit or circulate through system (for jetted tubs) for manufacturer’s recommended contact time.
(d) Drain tub and air dry or wipe dry with clean towel or paper towel.
(31) During barber, cosmetology, esthetics, or natural hair services, a clean service cape shall be used for each client, or a clean towel, clean neck strip, or single-use neck strip shall be placed around the client's neck to prevent the service cape from making direct contact with the client's neck. Service capes shall be maintained in clean condition.
(32) Each shop shall maintain a sufficient quantity of linens and professional use tools and products to ensure continuous service delivery in accordance with infection control practices.
(33) Each shop shall be maintained free from insects, rodents, and animals at all times. Service animals assisting individuals with disabilities are permitted. Fish are allowed only when kept in clean, properly maintained aquariums that do not create contamination risks within the shop.
(34) Each shop shall maintain a clearly identified and readily accessible first aid kit equipped with supplies appropriate for reasonable anticipated injuries, including cuts, burns, and chemical exposure. The kit shall include appropriate personal protective equipment and eye flushing materials where chemical services are performed. All supplies shall be maintained in clean condition, within usable dates, and replenished as needed.
Rule 250-X-5-.07 School Equipment and Supplies
(1) Each school shall provide a designated dispensing area equipped with a sink, properly labeled containers for all products and chemicals, an approved disinfecting unit, and a sufficient supply of clean towels or linens.
(2) Each school shall provide a separate area designed for demonstration equipped with appropriate teaching aids, and adequate seating and/or workstations for students.
(3) Each school shall maintain a reference library containing current instructional materials and resources recommended by the Board. The library shall include a current copy of the Board’s laws and administrative rules, including all amendments.
(4) Each school must provide an approved wet disinfecting unit readily accessible to each student work station.
(5) Restroom facilities shall not be used for storage of supplies, equipment, or materials.
(6) Each school shall maintain adequate office equipment and systems for the secure and accurate maintenance of student records