Board Of Barbering And Cosmetology Explanation Health Safety Regulations 980 Hs
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Revised Health and Safety Regulations of the Board of Barbering and Cosmetology The Board’s new health and safety regulations include a number of minor, non-substantive terminology changes to Sections 978, 979, 980, 980.1, 980.2, 980.3, 981, 982, 983, 984, 985, 986, 987, 988, 989, 990 and 994. These changes were made to clarify terms more commonly used in the barbering, cosmetology and electrology industry. These changes include: • “Container” instead of “receptacle.” • “Tools” instead of “instruments.” • “Debris” instead of “foreign matter” or “residue.” • “Client” instead of “patron.” • “New, clean paper towel” instead of “clean paper towel.” • “U.S.” rather than “federal” when referring to agencies of the United States government. • “Pedicure equipment-cleaning” log rather than “pedicure-cleaning” log. • Where the regulations address items made of fabric or cloth, the items are described as towels, gowns, smocks, linens and sheets for consistency reasons. • Including “hair clippings,” which are common in barbering and cosmetology establishments, along with waste or refuse under Section 994. The following chart compares the new regulatory sections to the old sections and provides a concise explanation of what changes were made. OLD REGULATIONS § 977. Health and Safety Definitions. This section does not exist in the Board’s old regulations. It is an entirely new section. NEW REGULATIONS § 977. Health and Safety Definitions. The following words and terms, when used in this article, shall have the following meanings: Autoclave — A device used to sterilize tools, equipment and supplies by subjecting them to high pressure saturated steam. Over-the-Counter — Cosmetology, barbering or electrology products that are made available for purchase by the general public without a physician’s prescription. Cosmetics — Substances used to enhance the appearance of the human body. Contaminated — The presence of blood or other potentially infectious materials on an item’s surface or visible debris such as dust, hair and skin. Dermis — The layer of skin just below the epidermis; the living layer of the skin. Disinfect or Disinfection — The use of chemicals to destroy harmful bacteria, viruses and pathogens on implements or tools to render them safe for use. Disinfectant — A product registered by the U.S. Environmental Protection CHANGES • This section was added to explain the meaning of various terms used in the revised health and safety regulations OLD REGULATIONS NEW REGULATIONS Agency (EPA) that has demonstrated bactericidal, fungicidal and virucidal activity. The products used must include a label from the manufacturer that indicates the EPA registration and must be in liquid form to disinfect nonelectrical tools and spray or wipe form to disinfect electrical tools and shears. Dry Heat Sterilizer — A device used to sterilize equipment and supplies by use of hot air that is nearly or completely free of water vapor. Epidermis — The outermost layer of the skin; the non-living layer of the skin. Electrical Tools — All tools used for barbering, cosmetology and electrology that require electricity to operate by means of an electrical cord, wireless charger, or battery. These include, but are not limited to clippers, blow dryers, curling irons and flat irons. Foot Basin — On a footspa chair, the open vessel that is filled with water and in which the client’s feet are placed during a pedicure. Hot Styling Tools — Tools that utilize heat to style hair. Non-Electrical Tools — All tools used for barbering, cosmetology and electrology that do not use any form of electricity to operate. These include, but are not limited to shears, razors, cuticle nippers, cuticle pushers, nail clippers, metal files, metal smoothers, combs and hair clips. Poisonous — A substance that can cause sickness or death by entering or touching the body. Sanitary — A clean, healthy condition. Soiled — dirty; not clean. Sterilize or Sterilization — The process which removes or kills all forms of microbial life, including transmissible agents (such as fungi, bacteria, viruses and spore forms) by use of an autoclave or dry heat sterilizer. Tub — A standalone, open vessel that is filled with water and in which the client’s feet are placed during a pedicure. 2 CHANGES OLD REGULATIONS NEW REGULATIONS § 978. Minimum Equipment and Supplies (a) Establishments and schools shall have and maintain the following minimum equipment and supplies: (1) At least one covered waste receptacle for the disposal of hair. (2) Closed receptacles to hold all soiled towels, gowns and sheets in public areas. (3) Closed, clean cabinets to hold all clean towels. (4) Containers for disinfectant solution for instruments and equipment to be disinfected. (5) Each container shall contain sufficient disinfectant solution to allow for the total immersion of tools and instruments. (6) If electrolysis is performed, a steam or dry heat sterilizer that meets the requirements of Section 982. (b) Establishments and schools shall have disinfectant solution mixed according to manufacturer's directions, available for use at all times. (c) A manufacturer-labeled container for the disinfectant used must be available at all times in the establishment or school. § 978. Minimum Equipment and Supplies. (a) Establishments and schools shall have and maintain the following minimum equipment and supplies: (1) If hair services are performed, at least one covered waste container per establishment for the disposal of hair. Hair must be disposed of in a covered waste container. (2) Closed containers to hold all soiled towels, gowns, smocks, linens and sheets in any enclosed area frequented by the public. (3) Closed, clean cabinets, drawers, or containers to hold all clean non-electrical tools, towels, gowns, smocks, linens and sheets. (4) Containers for disinfectant solution for tools and equipment to be disinfected. Containers must be labeled “Disinfectant Solution”. (5) Each container specified in (4) shall contain sufficient disinfectant solution to allow for the total immersion of tools. (6) If electrolysis is performed, an autoclave or dry heat sterilizer that meets the requirements of Section 982. (b) Establishments and schools shall have disinfectant solution, mixed according to manufacturer's directions, available for use at all times. (c) A manufacturer-labeled container for the disinfectant used must be available at all times in the establishment or school. In the event that the last remaining disinfectant has been used, the empty manufacturerlabeled container must be present. § 979. Disinfecting Non-Electrical Instruments and Equipment (a) Before use upon a patron, all nonelectrical instruments shall be disinfected in the following manner: (1) Clean with soap or § 979. Disinfecting Non-Electrical Tools. (a) Before use upon a client, all nonelectrical tools that can be disinfected, excluding shears, shall be disinfected in the following sequential manner: 3 CHANGES • Each establishment and school that performs hair services must have one covered container for disposing of hair clippings. • Requires that the containers in which shops disinfect their tools be labeled “disinfectant solution.” • Requires that the empty manufacturer-labeled container that disinfectant comes in be kept in the establishment. • Visible debris must be removed as a first step. • Tools must be dried with a clean paper towel prior to disinfecting. OLD REGULATIONS detergent and water. (2) Then totally immerse in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, used according to manufacturer's instructions. (b) The disinfectant solutions specified in subdivision (a) shall: (1) Remain covered at all times. (2) Be changed at least once per week or whenever visibly cloudy or dirty. (c) All instruments that have been used on a patron or soiled in any manner shall be placed in a properly labeled receptacle. (d) All disinfected instruments shall be stored in a clean, covered place which is labeled as such. (e) If instruments and equipment specified in this section are sterilized in accordance with the requirements outlined in Section 982, the requirements of this section will be deemed to have been met. NEW REGULATIONS (1) Remove all visible debris. (2) Clean with soap or detergent and water. (3) Completely dry tools with a new, clean paper towel. (4) Then totally immerse in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, used according to manufacturer's instructions. (5) Licensees or students shall wear protective gloves or use tongs when removing tools from the disinfectant. (b) The disinfectant solutions specified in subdivision (a) shall: (1) Remain covered at all times. (2) Be changed according to the manufacturer’s instructions or when it is cloudy or contains debris. (c) All tools used on a client or soiled in any manner shall be placed in a container labeled “Dirty”, “Soiled”, or “Contaminated”. (d) All disinfected tools shall be stored in a clean, covered place which is labeled “Clean” or “Disinfected”. (e) Disinfected tools shall not be placed in a container, pouch or holder which cannot be disinfected. (f) Shears shall be disinfected according to the following sequential procedures: (1) Remove all visible debris. (2) Clean with soap or detergent and water. (3) Spray or wipe the shear with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, used according to manufacturer’s instructions. (g) Disinfected shears shall not be placed in a container, pouch or holder which cannot be disinfected. (h) If tools specified in this section are 4 CHANGES • Gloves or tongs must be used when removing tools from disinfectant. • Licensees are now directed to change disinfectant according to manufacturer recommendations, unless it’s cloudy or contains debris. • All tools that are used on a client or soiled must be placed in a container labeled “Dirty”, “Soiled”, or “Contaminated”. • Placing tools or shears in any kind of container or pouch that cannot be disinfected is prohibited. • Step-by-step cleaning procedures for shears are detailed. • Shears are allowed to be disinfected with disinfectant spray or wipe. OLD REGULATIONS NEW REGULATIONS CHANGES sterilized in accordance with the requirements outlined in Section 982, the requirements of this section will be deemed to have been met. § 980. Disinfecting Electrical Instruments (a) Clippers, vibrators, and other electrical instruments shall be disinfected prior to each use by: (1) First removing all foreign matter; and (2) Disinfecting with an EPAregistered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity used according to manufacturer's instructions. (b) All disinfected electrical instruments, excluding curling irons and hot combs, shall be stored in a clean, covered place. § 980. Disinfecting Electrical Tools. (a) Clippers and other electrical tools shall be disinfected prior to each use in the following sequential manner: (1) First removing all visible debris; and (2) Disinfect with an EPAregistered disinfectant spray or wipe with demonstrated bactericidal, fungicidal, and virucidal activity used according to manufacturer's instructions. (b) All disinfected electrical tools shall be stored in a clean place. (c) All soiled electrical tools used on a client, or soiled in any manner, shall be placed in a container labeled “Soiled”, “Dirty” or “Contaminated” (excluding hot styling tools). • Allows electrical tools to be disinfected with sprays or wipes before each use. • Disinfected electrical tools must be stored in a clean place. It no longer needs to be covered. • Soiled electrical tools, except for hot styling tools, must be kept in a container labeled “dirty”. § 980.1. Procedures for Cleaning and Disinfecting Whirlpool Footspas and Air-Jet Basins. (a) As used in this section, "whirlpool footspa" or "spa" is defined as any basin using circulating water. (b) An air-jet basin is defined as any basin using an air jet stream system to move water. (c) After use upon each patron, each whirlpool footspa or air-jet basin shall be cleaned and disinfected in the following sequential manner: (1) All water shall be drained from the basin. (2) The inside walls of the basin shall be scrubbed and cleaned of all visible residue with a clean brush and liquid soap (labeled as such on soap product) and water. (3) The spa basin shall be rinsed with water. (4) The spa basin shall be refilled with clean water. (5) The water in the basin shall be circulated with the correct § 980.1. Procedures for Cleaning and Disinfecting Whirlpool Footspas, and Air-Jet Basins. (a) As used in this section, “whirlpool footspa” or “spa” is defined as any basin using circulating water. (b) An air-jet basin is defined as any basin using an air jet stream system to move water. (c) After use upon each client, each whirlpool footspa or air-jet basin shall be cleaned and disinfected in the following sequential manner: (1) All water shall be drained from the basin. (2) The inside walls of the basin shall be scrubbed and cleaned of all visible debris with a clean brush, liquid soap (labeled as such on soap product) and water. (3) The spa basin shall be rinsed with water. (4) The spa basin shall be refilled with clean water. (5) The water in the basin shall be circulated with the correct • Changed the time the disinfectant must be left in the foot spa during the weekly cleaning process from 6-10 hours to a minimum of 6 hours. • Requires that salons post “Not in Service” signs on foot spas that are not being used. • Requires salons note in their pedicure-equipment log if a foot spa is “Not in Service.” 5 OLD REGULATIONS amount (read manufacturer label for mixing instructions) of the EPA-registered hospital liquid disinfectant that is labeled as a bactericide, fungicide and virucide, through the basin for at least 10 minutes. (6) The spa basin must be drained, rinsed, and wiped dry with a clean paper towel. (7) Record this procedure in the pedicure-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done after a client. (d) At the end of each day and after the last client, each whirlpool footspa or air-jet basin shall be cleaned and disinfected in the following sequential manner: (1) The screen and any other removable parts shall be removed. (2) Scrub all visible residue from the screen, inside walls of the basin, any other removable parts, and the area behind them with a clean brush and liquid soap and water. (3) Reinsert the clean screen and any other removable parts. (4) Fill the basin with warm water and detergent (labeled as such on detergent product) and circulate the detergent through the spa system for at least 10 minutes (follow manufacturer's instructions). (5) Drain the detergent solution and rinse the basin. (6) Refill the basin with clean water and circulate the correct amount (read the label for mixing instructions) of the EPA-registered Hospital liquid disinfectant which the label claims is a bactericide, fungicide, and virucide through the basin for at least 10 minutes. NEW REGULATIONS amount (read manufacturer label for mixing instructions) of the EPA-registered hospitalliquid disinfectant that is labeled as a bactericide, fungicide and virucide, through the basin for at least 10 minutes. (6) The spa basin must be drained, rinsed, and wiped dry with a new, clean paper towel. (7) Record this procedure in the pedicure equipmentcleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done after a client. (d) At the end of each day and after the last client, each whirlpool footspa or air-jet basin shall be cleaned and disinfected in the following sequential manner: (1) The screen and any other removable parts shall be removed. (2) Scrub all visible debris from the screen, inside walls of the basin, any other removable parts, and the area behind them with a clean brush, liquid soap (labeled as such on soap product) and water. (3) Reinsert the clean screen and any other removable parts. (4) Fill the basin with warm water and detergent (labeled as such on detergent product) and circulate the detergent through the spa system for at least 10 minutes (follow the spa manufacturer's instructions). (5) Drain the detergent solution and rinse the basin. (6) Refill the basin with clean water and circulate the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant which the label 6 CHANGES OLD REGULATIONS (7) Drain, rinse, wipe the basin dry with a clean paper towel and allow basin to dry completely. (8) Record this procedure in the pedicure-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done at the end of the day. (e) At least once each week, after completing the procedures provided in subsection (d) (1 through 6) each whirlpool footspa and air-jet basin shall not be drained and the following sequential procedures shall be followed: (1) Do not drain the disinfectant solution. The unit shall be turned off and the disinfecting solution shall be left undisturbed in the unit for 6 to 10 hours. (2) After the disinfectant solution has been sitting between 6 to 10 hours, drain and rinse the basin with clean water. (3) Refill the basin with clean water and flush the system. (4) Record this procedure in the pedicure-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed theprocedure, and shall indicate that the cleaning was done weekly. (f) The pedicure-cleaning log shall be made available upon request by either a patron or a board representative. (g) A violation of this section may result in an administrative fine and/or disciplinary action. Each footspa or airjet basin not in compliance with this section may result in a separate violation. NEW REGULATIONS claims is a bactericide, fungicide, and virucide through the basin for at least 10 minutes. (7) Drain, rinse and wipe the basin dry with a new, clean paper towel and allow basin to dry completely. (8) Record this procedure in the pedicure equipmentcleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done at the end of the day. (e) At least once each week, after completing the procedures provided in subsection (d) (1 through 6), each whirlpool footspa and air-jet basin shall not be drained and the following sequential procedures shall be followed: (1) Do not drain the disinfectant solution. The unit shall be turned off and the disinfecting solution shall be left undisturbed in the unit for at least 6 hours. (2) After the disinfectant solution has been sitting at least 6 hours, drain and rinse the basin with clean water. (3) Refill the basin with clean water and flush the system. (4) Record this procedure in the pedicure equipmentcleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done weekly. (f) The pedicure equipment-cleaning log shall be made available upon request by either a client or a board representative. (g) A whirlpool footspa “Not in Service” must have a notation on the pedicure equipment-cleaning log that the footspa is not in service. The footspa must have a “Not in Service” sign 7 CHANGES OLD REGULATIONS NEW REGULATIONS CHANGES displayed upon the chair and be kept in a sanitary condition. (h) A violation of this section may result in an administrative fine and/or disciplinary action. Each whirlpool footspa or air-jet basin not in compliance with this section may result in a separate violation. § 980.2. Procedures for Cleaning and Disinfecting Pipe-less Footspas (a) As used in this section, "Pipe-Less" footspa is defined as any unit with footplates, impellers, impeller assemblies and propellers. (b) After use upon each patron, each Pipe-less footspa shall be cleaned and disinfected in the following sequential manner: (1) All water shall be drained from the spa basin. (2) Remove footplate, and any other removable components according to the manufacturer's instructions. (3) Scrub all visible residue from the impeller, footplate, inside walls of the basin, and/or other components and the areas behind or under each with a clean brush and liquid soap (labeled as such on soap product) and water. Rinse with clean water. (4) Reinsert the properly cleaned impeller, footplate, and/or other components. (5) Refill the basin with clean water and circulate the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant which the label claims is a bactericide, fungicide, and virucide, through the basin for at least 10 minutes. (6) Drain, rinse and wipe the basin dry with a clean paper towel. (7) Record this procedure in the pedicure-cleaning log. The log shall contain the date and time of each cleaning, initials of § 980.2. Procedures for Cleaning and Disinfecting Pipe-Less Footspas. (a) As used in this section, “pipe-less” footspa is defined as any unit with footplates, impellers, impeller assemblies and propellers. (b) After use upon each client, each pipe-less footspa shall be cleaned and disinfected in the following sequential manner: (1) All water shall be drained from the spa basin. (2) Remove footplate, and any other removable components according to the manufacturer's instructions. (3) Scrub all visible debris from the impeller, footplate, inside walls of the basin, and other components and the areas behind or under each with a clean brush, liquid soap (labeled as such on soap product) and water. Rinse with clean water. (4) Reinsert the properly cleaned footplate, and other components. (5) Refill the basin with clean water and circulate the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant which the label claims is a bactericide, fungicide, and virucide, through the basin for at least 10 minutes. (6) Drain, rinse and wipe the basin dry with a new, clean paper towel. (7) Record this procedure in the pedicure equipmentcleaning log. The log shall 8 • Changed the time the disinfectant must be left in the foot spa during the weekly cleaning process from 6-10 hours to a minimum of 6 hours. • Requires that salons post “Not in Service” signs on foot spas that are not being used. • Requires salons note in their pedicure-equipment log if a foot spa is “Not in Service.” OLD REGULATIONS the person who completed the procedure, and shall indicate that the cleaning was done after a client. (c) At the end of every day and after performing the procedures provided in subsection (b) (1 through 7) and after the last client, each pipe-less footspa shall be cleaned and disinfected in the following sequential manner: (1) Fill the basin with warm water and detergent (labeled as such on detergent product) and circulate the detergent through the spa system for at least 10 minutes (follow manufacturer's instructions). (2) Drain the detergent solution and rinse the basin. (3) Refill the basin with clean water and circulate the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant which the label claims is a bactericide, fungicide, and virucide, through the basin for at least 10 minutes. (4) Drain, rinse and wipe the basin dry with a clean paper towel. (5) Allow the basin to dry completely. (6) Record this procedure in the pedicure-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done at the end of the day. (d) At least once each week, after completing the procedures provided in subsection (c) (1 through 3), and the disinfectant solution in each pipe-less footspa shall not be drained and the following sequential procedures shall be followed: (1) The unit shall be turned off and the disinfecting solution shall be left in the unit undisturbed for 6 to 10 hours. NEW REGULATIONS contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done after a client. (c) At the end of every day and after performing the procedures provided in subsection (b) (1 through 7) and after the last client, each pipe-less footspa shall be cleaned and disinfected in the following sequential manner: (1) Fill the basin with warm water and detergent (labeled as such on detergent product) and circulate the detergent through the spa system for at least 10 minutes (follow manufacturer's instructions). (2) Drain the detergent solution and rinse the basin. (3) Refill the basin with clean water and circulate the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant which the label claims is a bactericide, fungicide, and virucide, through the basin for at least 10 minutes. (4) Drain, rinse and wipe the basin dry with a new, clean paper towel. (5) Allow the basin to dry completely. (6) Record this procedure in the pedicure equipmentcleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done at the end of the day. (d) At least once each week, after completing the procedures provided insubsection (c) (1 through 3), and the disinfectant solution in each pipe-less footspa shall not be drained and the following sequential procedures shall be followed: (1) The unit shall be turned off and the disinfecting solution shall be left in the unit 9 CHANGES OLD REGULATIONS NEW REGULATIONS (2) After the disinfectant solution has been sitting between 6 to 10 hours, rinse and wipe the basin dry with a clean paper towel. (3) Record this procedure in the pedicure-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done weekly. (e) The pedicure-cleaning log shall be made available upon request by either a patron or a board representative. (f) A violation of this section may result in an administrative fine and/or disciplinary action. Each pipe-less footspa not in compliance with this section may result in a separate violation. undisturbed for at least 6 hours. (2) After the disinfectant solution has been sitting at least 6 hours, rinse and wipe the basin dry with a new, clean paper towel. (3) Record this procedure in the pedicure equipmentcleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done weekly. (e) The pedicure equipment-cleaning log shall be made available upon request by either a client or a board representative. (f) A whirlpool footspa “Not in Service” must have a notation on the pedicure equipment-cleaning log that the footspa is not in service. The footspa must have a “Not in Service” sign displayed upon the chair and be kept in a sanitary condition. (g) A violation of this section may result in an administrative fine and/or disciplinary action. Each pipe-less footspa not in compliance with this section may result in a separate violation. § 980.3. Procedures for Cleaning and Disinfecting Non-Whirlpool Foot Basins or Tubs (a) As used in this section, "NonWhirlpool Foot Basin" or "Tubs" are defined as any basin, tub, footbath, sink and bowl – and all non-electrical equipment that holds water for a client's feet during a pedicure service. (b) After use upon each patron, each Non-Whirlpool Basin or Tub shall be cleaned and disinfected in the following sequential manner: (1) All water shall be drained from the foot basin or tub. (2) The inside surfaces of the foot basin or tub shall be scrubbed and cleaned of all visible residues with a clean brush and liquid soap (labeled § 980.3. Procedures for Cleaning and Disinfecting Non-Whirlpool Foot Basins or Tubs. (a) As used in this section, “nonwhirlpool foot basins” or “tubs” are defined as any basin, tub, footbath, sink, bowl, and all non-electrical equipment that holds water for a client's feet during a pedicure service. (b) After use upon each client, each non-whirlpool foot basin or tub shall be cleaned and disinfected in the following sequential manner: (1) All water shall be drained from the foot basin or tub. (2) The inside surfaces of the foot basin or tub shall be scrubbed and cleaned of all visible debris with a clean brush, liquid soap (labeled as 10 CHANGES • Licensees must store their pedicure tubs in a clean, covered place. OLD REGULATIONS NEW REGULATIONS as such on soap product) and water. (3) The foot basin or tub shall be rinsed with clean water. (4) Refill the foot basin or tub with clean water and the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant which the label claims is a bactericide, fungicide, and virucide. Leave the disinfecting solution in the foot basin or tub for at least 10 minutes. (5) Drain, rinse and wipe the basin dry with a clean paper towel. (6) Record this procedure in the pedicure-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done after a client. (c) The pedicure-cleaning log shall be made available upon request by either a patron or a board representative. (d) A violation of this section may result in an administrative fine and/or disciplinary action. Each non-whirlpool foot basin or tub not in compliance with this section may result in a separate violation. such on soap product) and water. (3) The foot basin or tub shall be rinsed with clean water. (4) Refill the foot basin or tub with clean water and the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant which the label claims is a bactericide, fungicide, and virucide. Leave the disinfecting solution in the foot basin or tub for at least 10 minutes. (5) Drain, rinse and wipe the basin dry with a new, clean paper towel. (6) Record this procedure in the pedicure equipmentcleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done after a client. (c) The pedicure equipment-cleaning log shall be made available upon request by either a client or a board representative. (d) A violation of this section may result in an administrative fine and/or disciplinary action. Each non-whirlpool foot basin or tub not in compliance with this section may result in a separate violation. (e) All disinfected basins or tubs shall be stored in a clean, covered place labeled “Clean” or “Disinfected”. § 980.4. Disposable Foot Basin or Tub Liners. This section does not exist in the Board’s old regulations. It is an entirely new section. § 980.4. Disposable Foot Basin or Tub Liners. (a) Single use, disposable, recyclable, liners designed specifically and manufactured for use as a foot basin or tub liner shall be disposed of immediately after each use and may not be disinfected or reused. (1) After disposal of the pedicure basin liner the basin or tub shall be scrubbed and cleaned of all visible debris with a clean brush and liquid 11 CHANGES • Specific cleaning procedures are detailed for establishments that use disposable liners in their foot spas’ tubs and basins. • Establishments that use liners must maintain a stock of at least five liners per pedicure station at all times. OLD REGULATIONS NEW REGULATIONS CHANGES soap (labeled as such on soap product) and water. The foot basin or tub shall be rinsed with clean water and wiped dry with a new, clean paper towel. (2) Record the cleaning procedure in the pedicureequipment – cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done after a client. (3) The pedicure equipmentcleaning log shall be made available upon request by either a client or a board representative. (4) Establishments or schools that utilize the liners must maintain a supply of five (5) liners per foot tub basin for use at all times. § 981. Instruments and Supplies (a) All instruments and supplies which come into direct contact with a patron and cannot be disinfected (for example, cotton pads, sponges, emery boards, and neck strips) shall be disposed of in a waste receptacle immediately after use. (b) No person working or training in an establishment or school shall be permitted to carry any instrument or supplies in or on a garment or uniform while practicing any of the acts as defined in Section 7316 of the Business and Professions Code. § 981. Tools and Supplies. (a) All tools and supplies which come into direct contact with a client and cannot be disinfected (including, but not limited to buffers, pumice stones, wax sticks, toe separators, gloves, cotton pads, sponges, emery boards, and neck strips) shall be disposed of in a waste container immediately after use on a single client. (b) New supplies and single-use, disposable tools shall be stored in a clean, covered place labeled “New”. (c) No person working or training in an establishment or school shall be permitted to carry any tools or supplies in or on a garment or uniform (including pouches and holsters) while practicing any of the acts as defined in Section 7316 of the Business and Professions Code. § 982. Sterilizing Electrolysis Instruments (a) Before use upon a patron in schools and establishments, each electrolysis needle or tweezers shall § 982. Sterilizing Electrolysis Tools. (a) Before use upon a client in schools and establishments, all electrolysis tools that can be sterilized, excluding single-use, pre-sterilized, disposable 12 • Adds pumice stones, buffers and gloves to the list of specific items that cannot be disinfected. • Requires that new supplies and single-use, disposable tools be stored in a clean, covered place labeled “New.” • Prohibits carrying of tools in pouches and holsters. • Color chemical indicators must be used on each sterilized tools package to indicate the process was completed. • Clarifies the sterilization process. OLD REGULATIONS be first cleaned with detergent and water (which may include the use of ultrasonic equipment) and then be sterilized by one of the following methods: (1) Steam sterilizer, registered and listed with the federal Food and Drug Administration, used according to manufacturer's instructions. (2) Dry heat sterilizer, registered and listed with the federal Food and Drug Administration, used according to manufacturer's instructions. (b) Sterilization equipment shall be checked weekly to ensure that it is reaching the temperature required by manufacturer's instructions. NEW REGULATIONS needles/wire filaments, shall be sterilized by one of the following methods: (1) Clean with soap or detergent and water (which may include the use of ultrasonic equipment) and then sterilized by one of the following methods: (A) Autoclave, registered and listed with the U.S. Food and Drug Administration (FDA), used according to manufacturer's instructions. (B) Dry heat sterilizer, registered and listed with the U.S. Food and Drug Administration (FDA), used according to manufacturer's instructions. (C) Chemical (color change) indicators must be used on each sterilized package to indicate the sterilization process was completed. (2) All sterilized tools shall remain in the package they were sterilized in until ready for use. This package must be undamaged and labeled “Sterilized” or “Sterilization”. (3) All tools that have been used on a client or soiled in any manner shall be placed in a container labeled “Dirty,” “Soiled” or “Contaminated.” (4) Sterilization equipment shall be checked weekly to ensure that it is reaching the temperature required by manufacturer's instructions. (b) Single-use, pre-sterilized, disposable electrolysis needles/wire filaments must be placed in a puncture resistant sharps container immediately after use, when contaminated before use, or when opened and found damaged. The sharps container must be changed when not more than threequarters filled and disposed of as biohazardous waste. 13 CHANGES • Requires that used tools be placed in a container labeled “Dirty,” “Soiled” or “Contaminated” until sterilized. • If disposable, single-use needles are used or otherwise contaminated, they must be disposed of in a Sharps container. OLD REGULATIONS NEW REGULATIONS § 983. Personal Cleanliness (a) The person and attire of a licensee serving a patron shall at all times be clean. (b) Every licensee performing services shall thoroughly wash his or her hands with soap and water or any equally effective cleansing agent immediately before serving each patron. § 983. Personal Cleanliness. (a) The attire of a licensee or student serving a client shall at all times be clean. (b) Every licensee or student performing services shall thoroughly wash his or her hands with soap and water or any equally effective alcoholbased hand-cleaning product immediately before serving each client. § 984. Disease and Infestation (a) No establishment or school shall knowingly permit a person afflicted with an infection or parasitic infestation capable of being transmitted to a patron to serve patrons or train in the establishment or school. (b) No establishment or school shall knowingly require or permit a licensee or student to work upon a person with an infection or parasitic infestation capable of being transmitted to the licensee or student. (c) Infections or parasitic infestation capable of being transmitted between licensee or student and patron include, but are not limited to, the following: - Cold, influenza or other respiratory illness accompanied by a fever, until \24 hours after resolution of the fever. - Streptococcal pharyngitis ("Strep throat"), until 24 hours after treatment has been initiated, and 24 hours after resolution of fever. - Purulent conjunctivitis ("pink eye"), until examined by a physician and approved for return to work. - Pertussis ("whooping cough"), until five days of antibiotic therapy has been completed. - Varicella ("chicken pox"), until the sixth day after onset of rash or sooner if all lesions have dried and crusted. - Mumps, until nine days after onset of parotid gland swelling. - Tuberculosis, until a physician or local health department authority states that the individual is noninfectious. - Impetigo (bacterial skin infection), § 984. Disease and Infestation. (a) No establishment or school shall knowingly permit a licensee or student afflicted with an infection or parasitic infestation capable of being transmitted to a client to serve clients or train in the establishment or school. (b) No establishment or school shall knowingly require or permit a licensee or student to work upon a client with an infection or parasitic infestation capable of being transmitted to the licensee or student. (c) Infections or parasitic infestation capable of being transmitted between licensee or student and client include, but are not limited to, the following: - Cold, influenza or other respiratory illness accompanied by a fever, until 24 hours after resolution of the fever. - Streptococcal pharyngitis (“Strep throat”), until 24 hours after treatment has been initiated, and 24 hours after resolution of fever. - Purulent conjunctivitis (“pink eye”), until examined by a physician or other licensed clinician and approved for return to work. - Pertussis (“whooping cough”), until five days of antibiotic therapy has been completed. - Varicella (“chicken pox”), until the sixth day after onset of rash or sooner if all lesions have dried and crusted. - Mumps, until nine days after onset of parotid gland swelling. - Tuberculosis, until a local health department authority states that the individual is noninfectious. 14 CHANGES • Adds students to the requirement for personal cleanliness. • Specifies that hand-cleaning products should be alcohol-based. • Clarifies that licensees or students cannot perform services on skin that is inflamed or broken. • If the licensee or student’s hands are inflamed or cut, gloves must be worn when working on clients. OLD REGULATIONS NEW REGULATIONS until 24 hours after treatment has begun. - Pediculosis (head lice), until the morning after first treatment. - Scabies ("crabs"), until after treatment has been completed. (d) Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this section. (e) No person working or training in an establishment or school shall massage any person upon a surface of the skin or scalp where such skin is inflamed, broken (e.g., abraded, cut) or where a skin infection or eruption is present. - Impetigo (bacterial skin infection), until 24 hours after treatment has begun. - Pediculosis (head lice), until the morning after first treatment. - Scabies (“crabs”), until after treatment has been completed. (d) Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this section. (e) No person working or training in an establishment or school shall perform services upon a surface of the skin or scalp where such skin is inflamed, or broken (e.g., abraded, cut) or where a skin infection or eruption is present; nor shall a person working or training in an establishment or school perform services if the skin of his or her hands is inflamed, or broken, or where a skin infection or eruption is present, without wearing gloves. § 985. Neck Strips A sanitary neck strip or towel shall be used to keep the protective covering from coming in direct contact with a patron's neck. § 985. Neck Strips. A sanitary neck strip or towel shall be used to keep the protective covering, such as client capes, from coming in direct contact with a client’s neck. § 986. Neck Dusters and Brushes § 986. Neck Dusters and Brushes. (a) Before use on a client, neck or nail dusters and all other manicure brushes that are used in an establishment or school on a client shall be cleaned in the following sequential manner: (1) Remove all visible debris. (2) Clean with soap or detergent and water. (3) Dry dusters or brushes. (4) Store all clean dusters or brushes in a clean, covered place which is labeled “Clean”. (5) All dusters or brushes used on a client or soiled in any manner shall be placed in a container labeled “Dirty”, “Soiled” or “Contaminated”. (b) Before use on a client, natural fiber, facial, acrylic, gel, nail-art, and makeup brushes used in an establishment or school, on a client, Neck dusters and all other brushes used in an establishment or school on a patron shall be maintained in a clean and sanitary condition. 15 CHANGES • Clarifies protective coverings to reference client “capes”. • This section details how to use, clean and store brushes, nail art pens, facial brushes, gel brushes, makeup brushes and neck and nail dusters. • All dusters or brushes used on a client or soiled in any way must be placed in a container labeled “Dirty”, “Soiled” or “Contaminated”. OLD REGULATIONS NEW REGULATIONS CHANGES shall be cleaned in the following sequential manner: (1) Remove all visible debris. (2) Clean by using a cleansing agent(s) such as: monomer, makeup brush liquid/spray cleaner, alcohol. (3) Dry brushes. (4) Store all clean brushes in a clean, covered place which is labeled “Clean”. (5) All brushes used on a client or soiled in any manner shall be placed in a container labeled “Dirty”, “Soiled” or “Contaminated”. § 987. Towels (a) After a towel has once been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. (b) Towels shall be laundered either by regular commercial laundering or by a noncommercial laundering process which includes immersion in water at o least 140 F for not less than fifteen (15) minutes during the washing or rinsing operation. (c) All clean towels shall be stored in closed cabinets. § 987. Towels. (a) After a towel, sheet, robe, linen or smock has been used once, it shall be deposited in a closed container and not used until properly laundered and sanitized. (b) Towels, sheets, robes, linens and smocks shall be laundered either by regular commercial laundering or by a noncommercial laundering process which includes immersion in water at o least 160 F for not less than twentyfive (25) minutes during the washing or rinsing operation. Alternately, it is acceptable if the commercial laundry opts to use chemicals and cold water to reduce organisms on laundry, provided the laundry follows manufacturers’ instructions for washing machines, dryers, detergents, rinse aids, and other additives. The laundry detergents used are not required to have stated antimicrobial claims. (c) All clean towels, sheets, robes, linens and smocks shall be stored in clean, closed cabinets or a clean, closed container. § 988. Liquids, Creams, Powders and Cosmetics (a) All liquids, creams, and other cosmetic preparations shall be kept in clean and closed containers. Powders may be kept in clean shakers. (b) All bottles and containers shall be distinctly and correctly labeled to disclose their contents. All bottles and § 988. Liquids, Creams, Powders and Cosmetics. (a) All liquids, creams, waxes, shampoos, gels and other cosmetic preparations shall be kept in clean, closed containers. Powders may be kept in clean shakers. (b) All bottles and containers shall be distinctly and correctly labeled to 16 • Requires laundering to conform with Center for Disease Control recommendations. Linens must be washed in water with a o temperature of 160 F for 25 minutes. • Allow option of laundering using chemicals rather than hot water. • Makes it unnecessary for licensees to label poisonous substances that already come in their own manufacturer-labeled container. • Allows licensees to disregard rules for removing cosmetic products from their containers if the product is unlikely to transmit diseases. An OLD REGULATIONS NEW REGULATIONS containers containing poisonous substances shall be additionally and distinctly marked as such. (c) When only a portion of a cosmetic preparation is to be used on a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion. (d) Pencil cosmetics shall be sharpened before each use. disclose their contents. All bottles and containers containing poisonous substances shall be additionally and distinctly marked as such. Poisonous substances that are maintained in the manufacturer-labeled container are not required to have additional labeling. (c) When only a portion of a cosmetic preparation is to be used on a client, it shall be removed from the bottle or container in such a way as not to contaminate the remaining portion. (1) This provision does not apply to cosmetic preparations that have been demonstrated to be unlikely to transmit pathogens, (e.g. nail polish, artificial nail monomer liquids). (d) Pencil cosmetics shall be sharpened before each use. § 989. Prohibited Hazardous Substances/Use of Products No establishment or school shall have on the premises cosmetic products containing hazardous substances which have been banned by the U. S. Food and Drug Administration for use in cosmetic products, including liquid methyl methacrylate monomer and methylene chloride. No product shall be used in a manner that is disapproved by the FDA. § 989. Prohibited Hazardous Substances/Use of Products. No establishment or school shall: (a) Have on the premises cosmetic products containing hazardous substances banned by the U.S. Food and Drug Administration for use in cosmetic products. (b) Have on the premises methyl methacrylate monomer and/or methylene chloride. (c) Use a product in a manner that is disapproved by the FDA, Occupational Safety and Health Administration or EPA. § 990. Headrests and Treatment Tables (a) The headrest of chairs shall be covered with a clean towel or paper sheet for each patron. (b) Shampoo trays and bowls must be cleansed with soap and water or other detergent after each shampoo, kept in good repair and in a sanitary condition at all times. (c) Treatment tables must be covered with a clean sheet of examination paper for each patron. § 990. Headrests, Shampoo Trays and Bowls, and Treatment Tables. (a) The headrest of chairs shall be covered with a clean towel or paper sheet for each client. (b) Shampoo trays and bowls must be cleansed with soap and water or other detergent after each shampoo, kept in good repair and in a sanitary condition at all times. (c) Treatment tables must be covered with either clean treatment table paper, a clean towel or a clean sheet, after each use. After a towel or sheet has been used once, it shall immediately be removed from the treatment table and be deposited in a 17 CHANGES example would be nail polishes. • Clarifies that waxes, shampoos and gels shall be kept in clean, closed containers. Powders may be kept in clean shakers. • Prohibits establishments from having methyl methacrylate monomer and/or methylene chloride on the premises. • Requires licensees only use products in a way that is in compliance with the FDA, OSHA and the EPA • Licensees are allowed to cover treatment tables with a clean towel as well as paper. OLD REGULATIONS NEW REGULATIONS CHANGES closed container and not used again until it has been properly laundered and sanitized. Treatment table paper shall be immediately disposed of after a single use. § 991. Invasive Procedures (a) No licensee may perform any act which affects the structure or function of living tissue of the face or body. Any such act shall be considered an invasive procedure. (b) Invasive procedures include, but are not limited to, the following: (1) Application of electricity which contracts the muscle. (2) Application of topical lotions, creams, or other substances which affect living tissue. (3) Penetration of the skin by metal needles, except electrolysis needles. (4) Abrasion of the skin below the non-living, epidermal layers. (5) Removal of skin by means of a razor-edged instrument. § 991. Invasive Procedures. (a) No licensee or student may use a product, device, machine, or other technique or combination of the same, which results in the removal, destruction, incision, or piercing of a client’s skin beyond the epidermis. Any such act shall be considered an invasive procedure. (b) Invasive procedures include, but are not limited to, the following: (1) Application of electricity which visibly contracts the muscle. (2) Application of topical lotions, creams, serums or other substances which require a medical license to purchase. (3) Penetration of the skin by metal needles, except electrolysis needles/wire filaments. (4) Abrasion and/or exfoliation of the skin below the epidermal layers. (5) Removal of skin by means of a razor-edged tool or similar device. § 992. Skin Peeling (a) Only the non-living, uppermost layers of facial skin, known as the epidermis, may, by any method or means, be removed, and then only for the purpose of beautification. (b) Skin removal techniques and practices which affect the living layers of facial skin, known as the dermis, are prohibited and constitute the practice of medicine. (c) Only commercially-available products for the removal of facial skin for the purpose of beautification may be used. Mixing or combining skin removal products is prohibited except as it is required by manufacturer instructions. § 992. Skin Exfoliation. (a) Only the upper layer of the skin, known as the epidermis, may, by any method or means, be removed, and then only for the purpose of improving the appearance of the skin. (b) Skin removal techniques and practices which result in destruction of living tissue beyond the epidermal layer of the skin is prohibited. (c) Only over-the-counter products that are not sold for physician’s use only may be used for the purpose of skin exfoliation. (d) All skin exfoliation products must be applied using the manufacturer’s instructions for consumer health and safety. 18 • Clarifies that techniques and devices are prohibited if they result in “the removal, destruction, incision, or piercing of a client’s skin beyond the epidermis.” • Clarifies invasive procedures to include use of products that require a medical license. • Clarifies invasive procedures to include abrasion/exfoliation below epidermal layers. • Clarifies that skin services that result in destruction of living tissue beyond the epidermal layer are prohibited. • “Improving the appearance of the skin” better expresses the purpose of exfoliation than “beautification.” • Only “over-the-counter” products “that are not sold for physician’s use only” are permitted. OLD REGULATIONS NEW REGULATIONS § 993. Prohibited Instruments (a) No establishment or school shall have on the premises any razor-edged or other device or tool which is designed to remove calluses. (b) No establishment or school shall have on the premises any needle-like instrument which is used for the purpose of extracting skin blemishes and other similar procedures. § 993. Prohibited Tools. (a) No establishment or school shall have on the premises or use any razor-edged tool for the purpose of removing calluses or other similar procedures. (b) No establishment or school shall have on the premises or use any needle-like tool used for the purpose of extracting skin blemishes and other similar procedures. § 994. Cleanliness and Repair (a) Establishments and schools shall keep the floors, walls, woodwork, ceilings, furniture, furnishing, and fixtures clean and in good repair. (b) No establishment or school shall permit an accumulation of waste or refuse. § 994. Cleanliness and Repair. (a) Establishments and schools shall keep the floors, walls, woodwork, ceilings, furniture, furnishing, and fixtures clean and in good repair. (b) No establishment or school shall permit an accumulation of waste, hair clippings or refuse. 19 CHANGES • Prohibits the use of razor-edged tools and needles. • The amendment broadens the prohibition against using razoredged tools to remove calluses to include similar uses, such as using them for dermaplaning, and removing skin tags, moles and other imperfections of the skin. • Adds “hair clippings” to the list of things that are prohibited from accumulating .
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