WSR 03-10-085

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed May 6, 2003, 4:39 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-24-038.

Title of Rule: Chapter 308-20 WAC, Cosmetologists, barbers, manicurists, and estheticians; repealing WAC 308-20-180 and 308-20-530; amending WAC 308-20-010, 308-20-040, 308-20-080, 308-20-090, 308-20-105, 308-20-107, 308-20-110, 308-20-120, 308-20-210, 308-20-520, 308-20-550, 308-20-560, 308-20-570, 308-20-600 and 308-20-710; and new sections WAC 308-20-091 and 308-20-575.

Purpose: The department has reviewed the rules noted and recommends the above repeal, amending and adding the new sections as listed above.

Statutory Authority for Adoption: RCW 18.16.030 and 43.24.023.

Statute Being Implemented: RCW 18.16.030.

Summary: Amend, repeal and add new rule to chapter 308-20 WAC for clarification.

Reasons Supporting Proposal: The described rules either are unclear, duplicate, or not necessary to cite statutory authority.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rosie McGrew, 405 Black Lake Boulevard, Building 2, Olympia, WA 98502, (360) 664-6626.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Amend, repeal and add new sections.

Proposal Changes the Following Existing Rules: Amends, repeals and add new rule to chapter 308-20 WAC for clarification and to eliminate duplication.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There will not be a burden on the industry due to increased fees or increased workloads.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Building 2, Conference Room 102, Olympia, WA 98502, on June 11, 2003, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Rosie McGrew by June 10, 2003, TTY (360) 664-8885 or (360) 664-6626.

Submit Written Comments to: Rosie McGrew, Cosmetology Section, P.O. Box 9026, Olympia, WA 98507-9026, fax (360) 664-2550, e-mail plssunit@dol.wa.gov, by June 10, 2003.

Date of Intended Adoption: June 13, 2003.

May 5, 2003

Trudie Touchette

Acting Administrator

OTS-6309.4


AMENDATORY SECTION(Amending WSR 02-04-012, filed 1/24/02, effective 6/30/02)

WAC 308-20-010   Definitions.   (1) "Chemical compounds formulated for professional use only" are those compounds containing hazardous chemicals in a form not generally sold to the public; including but not limited to, bulk concentrates of permanent wave solution, neutralizers, chemical relaxers, oxidizing agents, flammable substances, facial creams, or approved chemical compounds. These compounds must be designated for use on the hair, face, neck, skin, or scalp.

(2) "Monthly student ((record)) report" ((is a)) are forms provided by the school, approved by the department, preprinted with the school name ((that shows)). The ((actual)) report must include the daily activities of the student in each subject, (i.e., number of shampoos, haircuts, perms, colors, etc.) within each course (i.e., barbering, manicuring, cosmetology, esthetics, or instructor-trainee).

(3) "Completed and graduated" is the completion of the school curriculum and the state approved minimum hourly course of training ((and passage of a state approved performance and written examination)).

[Statutory Authority: RCW 18.16.030(2). 02-04-012, 308-20-010, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, 308-20-010, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. 91-11-042, 308-20-010, filed 5/10/91, effective 6/10/91; 88-19-047 (Order PM 772), 308-20-010, filed 9/14/88. Statutory Authority: 1984 c 208. 84-19-020 (Order PL 480), 308-20-010, filed 9/12/84. Formerly chapters 308-16 and 308-24 WAC.]


AMENDATORY SECTION(Amending WSR 02-04-012, filed 1/24/02, effective 6/30/02)

WAC 308-20-040   Records.   (1) ((The department may license or renew a license of a school that meets the requirements of RCW 18.16.140 (Application for school license) and submits the following:

(a) A copy of the school's curriculum(s) satisfying the minimum instruction guidelines in WAC 308-20-080; and

(b) The estimated annual gross tuition to be collected by the school.

(2))) Schools shall collect and record monthly and final student ((records)) reports. These ((records)) reports as described in WAC 308-20-010 shall contain the cumulative number of hours the student has attended class and the number of times the student performs ((a skill)) an activity as described in WAC 308-20-080. The hours attended shall not be recorded in less than one-quarter hour increments.

(((3))) (2) Monthly and final student ((records)) reports shall be signed by either the school owner, school manager or a person the school has authorized to sign the student ((records)) reports. ((The school shall notify the department of the persons authorized to sign the student records.

(4))) (3) The school shall certify to the department that the student has satisfied the minimum instruction guidelines described in WAC 308-20-080 on the student's ((Washington state department of licensing)) license examination application. Certification shall be by a person authorized to sign student ((records)) reports according to subsection (((3))) (2) of this section.

(((5))) (4) Schools shall maintain student records for at least ((four)) three years. The student records shall include documentation of student training((, and examination results)).

(5) The school shall notify the department of the persons authorized to sign student records.

(6) Weekly reports provided by salon/shops verifying hours student earns in salon training must be included in student's records and recorded on student's monthly and final reports.

[Statutory Authority: RCW 18.16.030(2). 02-04-012, 308-20-040, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, 308-20-040, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. 91-11-042, 308-20-040, filed 5/10/91, effective 6/10/91; 88-19-047 (Order PM 772), 308-20-040, filed 9/14/88. Statutory Authority: RCW 18.16.030(2) and 18.16.140 as amended by 1987 c 445 1. 87-21-010 (Order PM 681), 308-20-040, filed 10/9/87. Statutory Authority: 1984 c 208. 84-19-020 (Order PL 480), 308-20-040, filed 9/12/84.]


AMENDATORY SECTION(Amending WSR 02-04-012, filed 1/24/02, effective 6/30/02)

WAC 308-20-080   Minimum instruction ((guidelines)) requirements for cosmetology, barbering, manicuring and esthetics training.   The minimum instruction ((guidelines)) requirements for ((training required for a)) each student to be eligible to take the license examinations for the following professions shall include:

(1) For cosmetology:

(a) Theory of the practice of cosmetology, barbering, manicuring and esthetics services;

(b) At least 100 hours of skills in the application of manicuring and pedicuring services; excluding the application and removal of sculptured or artificial nails;

(c) At least 100 hours of skills in the application of esthetics services limited to toning the skin of the scalp, stimulating the skin of the body by use of preparations, tonics, lotions, or creams, and tinting of the eyebrows and lashes, removal of hair by use of depilatories, waxing or tweezing and makeup application;

(d) Shampooing including draping, brushing, scalp manipulations, conditioning and rinsing;

(e) Scalp and hair analysis;

(f) Hair cutting and trimming including scissors, razor, thinning shears and clippers;

(g) Hair styling and arranging including wet, dry and thermal styling, ((braiding)) and styling aids;

(h) Cutting and trimming of facial hair including beard and mustache design and eyebrow, ear and nose hair trimming, waxing and tweezing;

(i) Artificial hair that may include extensions and fitting;

(j) Permanent waving including sectioning, wrapping, preperm test curl, solution application, processing test curl and neutralizing;

(k) Chemical relaxing including sectioning, strand test, and relaxer application, removal of chemicals;

(l) Hair coloring and bleaching techniques including predisposition test and strand test, and measurement, mixing, application and removal of chemicals;

(m) Disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens;

(n) Diseases and disorders of the scalp, hair, skin and nails;

(o) Safety including proper use and storage of chemicals, implements and electrical appliances;

(p) First aid as it relates to cosmetology, barbering, manicuring and esthetics; and

(q) No more than twenty-five percent of skills training using mannequins.

(2) For barbering:

(a) Theory of the practice of barbering services;

(b) Shampooing including draping, brushing, scalp manipulations, conditioning and rinsing;

(c) Scalp and hair analysis;

(d) Hair cutting and trimming including scissors, razor, thinning shears and clippers;

(e) Hair styling, wet, dry and thermal styling and styling aids;

(f) Cutting and trimming of facial hair including shaving, beard and mustache design and eyebrow, ear and nose hair trimming;

(g) Artificial hair;

(h) Disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens;

(i) Diseases and disorders of the skin, scalp and hair;

(j) Safety including proper use of implements and electrical appliances;

(k) First aid as it relates to barbering; and

(l) No more than twenty-five percent of skills training using mannequins.

(3) For manicuring:

(a) Theory in the practice of manicuring and pedicuring services;

(b) Artificial nails including silk, linen, fiberglass, acrylic, gel, powder, extensions and sculpting, preparation, application, finish and removal;

(c) Cleaning, shaping ((and)), polishing and decorating of nails of the hands and treatment of cuticles;

(d) Cleaning, shaping and polishing of nails of the feet;

(e) Disinfecting of individual work station, individual equipment and tools and proper use and storage of linens;

(f) Diseases and disorders of the nails of the hands and feet;

(g) Safety including proper use and storage of chemicals, implements and electrical appliances;

(h) First aid as it relates to manicuring and pedicuring; and

(i) No more than twenty-five percent of skills training using mannequins.

(4) For esthetics:

(a) Theory in the practice of esthetics services;

(b) Skin care ((of the face, neck and hands including hot compresses, massage, electrical or mechanical appliances or chemical compounds)) by use of preparations, antiseptics, tonics, essential oils, exfoliants, or by any device or equipment, electrical or otherwise, or by wraps, compress, cleansing, conditioning, stimulation, pore extraction, or product application and removal;

(c) ((Facials;

(d))) Temporary removal of superfluous hair ((of the face, neck and hands)) by tweezing, waxing, ((tape, chemicals,)) lotions, creams, depilatories, mechanical or electrical apparatus and appliances, tinting of eyelashes and eyebrows and lightening the hair except the hair of the scalp;

(d) Makeup application;

(e) Disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens;

(f) Diseases and disorders of the skin of the face, neck and hands;

(g) Safety including proper use and storage of chemicals, implements and electrical appliances;

(h) First aid as it relates to esthetics; and

(i) No more than twenty-five percent of skills training using mannequins.

[Statutory Authority: RCW 18.16.030(2). 02-04-012, 308-20-080, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, 308-20-080, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. 91-11-042, 308-20-080, filed 5/10/91, effective 6/10/91; 88-19-047 (Order PM 772), 308-20-080, filed 9/14/88. Statutory Authority: 1984 c 208. 84-19-020 (Order PL 480), 308-20-080, filed 9/12/84.]


AMENDATORY SECTION(Amending WSR 02-04-012, filed 1/24/02, effective 6/30/02)

WAC 308-20-090   Student credit for training in a licensed school.   (((1) Only those hours of instruction a student is given under the direction of a licensed instructor of the licensed school in which the student is enrolled and in the courses listed in WAC 308-20-080 shall be credited toward completion of the course of study required in RCW 18.16.100.

(2) When all of a school's requirements have been met by a student and within thirty days of a student leaving a school, the school shall provide to the student a copy of the student's final record.

(3) Students may transfer between schools and may receive credit toward completion of the curriculum in the new school. In order to receive a transfer student, the new school shall do the following:

(a) Evaluate the final student record provided by the student and certified by the previous school and compare the record from the previous school with the new school's requirements;

(b) Accept the final student record from the previous school, in part or in total as if it was instruction meeting the new school's curriculum and prepare a monthly report that documents the amount of instruction being accepted by the new school; or

(c) Reject the final student record from the previous school.

(4) Both the transferring and receiving schools shall maintain student records including the transfer record as required in WAC 308-20-040(5).)) (1) A maximum of twenty students per instructor is required within a licensed school.

(2) Only those hours of instruction a student is given under the direction of a licensed instructor of the licensed school in which the student is enrolled and in the courses listed in WAC 308-20-080 and 308-30-105 or hours earned under WAC 38-20-091 shall be credited toward completion of the course of study required in RCW 18.16.100.

(3) When all of a school's requirements have been met by a student and within thirty days of a student leaving a school, the school shall provide to the student a copy of the student's final report.

(4) Students may transfer between schools and may receive credit toward completion of the curriculum in the new school. In order to receive a transfer student, the new school shall do the following:

(a) Evaluate the final student report provided by the student and certified by the previous school and compare the report from the previous school with the new school's requirements;

(b) Accept the final student report from the previous school, in part or in total as if it was instruction meeting the new school's curriculum and prepare a monthly report that documents the amount of instruction being accepted by the new school; or

(c) Reject the final student report from the previous school.

(5) Both the transferring and receiving schools shall maintain student records including the transfer record as required in WAC 308-20-040(4).

(6) Licensed instructors must be physically present where the students are training.

[Statutory Authority: RCW 18.16.030(2). 02-04-012, 308-20-090, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, 308-20-090, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. 91-11-042, 308-20-090, filed 5/10/91, effective 6/10/91; 88-19-047 (Order PM 772), 308-20-090, filed 9/14/88. Statutory Authority: 1984 c 208. 84-19-020 (Order PL 480), 308-20-090, filed 9/12/84.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 308-20-091   Student credit for training in a licensed salon/shop.   (1) A maximum ten percent of the total curriculum hours required may be earned in a salon/shop under a contract approved by the department signed by the student, the school owner, and the salon/shop manager.

(2) Only those hours of instruction a student is given under the direction of a licensed operator in the contracted salon/shop and in the subjects agreed to in the contract shall be credited towards completion of the course of study required in RCW 18.16.100.

(3) Students will not receive any wages or commission for hours of credit earned in a salon/shop.

(4) Salon/shops shall provide weekly reports to the schools with hours the student earned in each area of agreed training.

(5) Licensed operators must be physically present where students are training.

[]


AMENDATORY SECTION(Amending WSR 02-04-012, filed 1/24/02, effective 6/30/02)

WAC 308-20-105   ((Curriculum)) Minimum instruction requirements for instructor-trainees.   The minimum instruction ((guidelines)) requirements for ((training required for)) a student to be eligible to take the examination to be licensed as an instructor shall include, but not be limited to:

(1) Preparation for classroom activities including, but not limited to:

(a) Choice of teaching methods;

(b) Classroom setup;

(c) Topic/subject matter;

(d) Student assignments;

(e) Materials and supplies; and

(f) Recordkeeping.

(2) Presentation of information including, but not limited to:

(a) Lectures (oral and written);

(b) Demonstrations;

(c) Questions and answers;

(d) Project methods; and

(e) Discussions.

(3) Application of practice including, but not limited to:

(a) Clinic supervision;

(b) Classroom management; and

(c) Client relations.

(4) Evaluation by the instructor-trainee of the student's understanding and performance including, but not limited to:

(a) Written/practical assessment; and

(b) Communication skills.

[Statutory Authority: RCW 18.16.030(2). 02-04-012, 308-20-105, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, 308-20-105, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. 91-11-042, 308-20-105, filed 5/10/91, effective 6/10/91; 88-19-047 (Order PM 772), 308-20-105, filed 9/14/88. Statutory Authority: 1984 c 208. 84-19-020 (Order PL 480), 308-20-105, filed 9/12/84.]


AMENDATORY SECTION(Amending WSR 02-04-012, filed 1/24/02, effective 6/30/02)

WAC 308-20-107   Use and training of instructor-trainees.   (1) Instructor-trainees shall be supervised by a licensed instructor ((at all times)). The licensed instructor shall be physically present where the instructor-trainee is working and be available for consultation with the instructor-trainee.

(2) Instructor-trainees shall hold a current Washington state cosmetology, barber, manicurist or esthetician license prior to becoming an instructor-trainee.

[Statutory Authority: RCW 18.16.030(2). 02-04-012, 308-20-107, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, 308-20-107, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030 and 43.24.086. 90-07-030, 308-20-107, filed 3/14/90, effective 4/14/90. Statutory Authority: RCW 18.16.030. 88-19-047 (Order PM 772), 308-20-107, filed 9/14/88.]


AMENDATORY SECTION(Amending WSR 02-04-012, filed 1/24/02, effective 6/30/02)

WAC 308-20-110   Minimum safety and sanitation standards for schools, ((students,)) cosmetologists, manicurists, estheticians, barbers, instructors, salons/shops, ((booth renters,)) mobile ((operators)) units and personal services ((operators)).   In addition to the requirements of RCW 18.16.175, every licensee((s and students pursuant to chapter 18.16 RCW)) shall maintain the following safety and sanitation standards:

(1) Safety shall be maintained as follows:

(a) ((Salons/shops, booth renters, mobile operators and schools shall have:

(i) If chemicals are used, an area designated as a chemical and supply dispensary separate from the shampoo area with hot and cold water for the disposal and mixing of all chemicals and disinfecting of supplies, tools, equipment and other materials;

(ii) All chemicals stored and labeled according to manufacturer's instructions;

(iii))) A separate area with hot and cold running water shall be designated for use in dispensing and mixing chemicals and disinfecting supplies, tools, equipment, and other materials;

(b) All containers must be clearly labeled;

(c) All chemicals must be stored and labeled according to manufacturer's instructions;

(d) Disinfected supplies, tools, equipment and other material shall be stored separately from those that have been used; ((and

(iv))) (e) First-aid supplies((.)) shall be available; and

(((b) Individual)) (f) Licensees ((and students)) shall not work on clients with parasites, open wounds, or signs of infection.

(2) Sanitation shall be maintained as follows:

(a) ((Salons/shops, booth renters, mobile operators and schools shall have:

(i))) Floors, walls, fixtures, work stations and ceilings shall be clean and free from dust, dirt and hair;

(((ii))) (b) Hair shall be removed from the floor after each service; and

(((iii))) (c) Waste receptacles shall be emptied and disinfected daily.

(((b) Individual licensees and students shall:

(i) Dispose of)) (d) Disposable products shall be placed in a waste receptacle ((after use));

(((ii) Use disposable hand-drying towels and single-use soap;

(iii) Dispense)) (e) Creams and lotions shall be dispensed using a disposable, or sanitized applicator, and fluids shall be dispensed with a squeeze bottle or pump;

(((iv))) (f) Use clean towel, new neck strip or other sanitized supplies for each client;

(((v))) (g) Clean reusable supplies and implements with a disinfectant after each use; and

(((vi))) (h) Wash hands with single-use soap and disposable hand-drying towels after toilet use and before providing service to each client.

[Statutory Authority: RCW 18.16.030(2). 02-04-012, 308-20-110, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, 308-20-110, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. 91-11-042, 308-20-110, filed 5/10/91, effective 6/10/91; 88-19-047 (Order PM 772), 308-20-110, filed 9/14/88. Statutory Authority: 1984 c 208. 84-19-020 (Order PL 480), 308-20-110, filed 9/12/84.]


AMENDATORY SECTION(Amending WSR 03-08-043, filed 3/27/03, effective 4/27/03)

WAC 308-20-120   Written and performance examinations.   (1) ((When an applicant for examination as a cosmetologist, barber, manicurist, esthetician or instructor completes the course required in RCW 18.16.100 or meets the requirement to take the examinations described in RCW 18.16.130,)) The department shall administer or approve the administration of a written and performance license examination. The department may approve written or performance examinations given by department-approved examination providers.

(2) The written and performance examinations for cosmetologist, barber, manicurist and esthetician shall reasonably measure the applicant's knowledge of safe and sanitary practice. The performance examinations may be divided into skill sections. The overall minimum passing grade for performance examinations shall be seventy-five percent with no section being scored lower than forty percent. If an individual scores lower than forty percent in any one section, the entire performance examination must be retaken. The minimum passing grade for the written examinations shall be seventy-six percent of the total examination questions.

(3) The written and performance examinations for instructors shall be constructed to measure the applicant's knowledge of lesson planning and teaching techniques. The overall minimum passing grade for the performance examination shall be eighty percent. The minimum passing grade for the written examination shall be eighty percent of the total examination questions.

[Statutory Authority: RCW 18.16.030 and 43.24.023. 03-08-043, 308-20-120, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 18.16.030(2). 02-04-012, 308-20-120, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, 308-20-120, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. 88-19-047 (Order PM 772), 308-20-120, filed 9/14/88. Statutory Authority: 1984 c 208. 84-19-020 (Order PL 480), 308-20-120, filed 9/12/84.]


AMENDATORY SECTION(Amending WSR 03-06-054, filed 2/28/03, effective 4/1/03)

WAC 308-20-210   ((Cosmetology, barber, manicurist, esthetician, salon/shop, booth renter, mobile operator and personal service operator)) Fees.   In addition to any third-party examinations fees, the following fees shall be charged by the professional licensing division of the department of licensing:

Title of Fee Fee
Cosmetologist:
Written examination application $ 25.00
Written examination retake 25.00
Renewal ((per year)) (two-year license) ((20.00)) 40.00
Late renewal penalty 20.00
Duplicate license 15.00
Certification 25.00
((Out-of-state application 25.00))
Instructor:
Examination application 30.00
((Examination retake 30.00))
Renewal((, per year)) (two-year license) ((20.00)) 40.00
Late renewal penalty 20.00
Duplicate license 15.00
Certification 25.00
((Out-of-state application 30.00))
Manicurist:
Written examination application 25.00
Written examination retake 25.00
Renewal ((per year)) (two-year license) ((20.00)) 40.00
Late renewal penalty 20.00
Duplicate 15.00
Certification 25.00
((Out-of-state application 25.00))
Esthetician:
Written examination application 25.00
Written examination retake 25.00
Renewal ((per year)) (two-year license) ((20.00)) 40.00
Late renewal penalty 20.00
Duplicate 15.00
Certification 25.00
((Out-of-state application 25.00))
Barber:
Written examination application 25.00
Written examination retake 25.00
Renewal ((per year)) (two-year license) ((20.00)) 40.00
Late renewal penalty 20.00
Duplicate license 15.00
Certification 25.00
((Out-of-state application 25.00))
School:
License application 175.00
Renewal ((per year)) (one-year license) 175.00
Late renewal penalty 175.00
Duplicate 15.00
Curriculum review 15.00
Salon/shop:
License application 50.00
Renewal (one-year license) 50.00
Late renewal penalty 50.00
Duplicate license 15.00
((Booth renter:
Application 50.00
Renewal 50.00
Late renewal penalty 50.00
Duplicate license 15.00))
Mobile ((operator)) unit:
License application 50.00
Renewal (one-year license) 50.00
Late renewal penalty 50.00
Duplicate license 15.00
Personal services ((operator)):
License application 50.00
Renewal (one-year license) 50.00
Late renewal penalty 50.00
Duplicate license 15.00

[Statutory Authority: RCW 18.16.030 and 43.24.086. 03-06-054, 308-20-210, filed 2/28/03, effective 4/1/03. Statutory Authority: RCW 18.16.030, 43.24.086, and 43.135.055. 02-09-040, 308-20-210, filed 4/12/02, effective 1/1/03. Statutory Authority: Chapter 18.16 RCW. 92-15-087, 308-20-210, filed 7/17/92, effective 8/17/92. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, 308-20-210, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030 and 43.24.086. 90-07-030, 308-20-210, filed 3/14/90, effective 4/14/90. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-20-210, filed 5/1/87.]


AMENDATORY SECTION(Amending WSR 92-15-087, filed 7/17/92, effective 8/17/92)

WAC 308-20-520   Minimum salon/shop, mobile unit, and personal services licensing standards.   No person shall operate a cosmetology, barbering, esthetics, or manicuring salon/shop, ((booth rental,)) mobile unit, or personal services ((operator)) business in this state unless the business has qualified for and has in their possession a location license issued by the department of licensing, ((professional licensing, cosmetology section)). If the ownership of the business changes, a new complete application must be submitted for approval and license issuance. Licenses are not transferable.

(1) ((A salon/shop shall not allow)) An operator ((to practice in leased)) that leases space ((unless the operator possesses)) must obtain both a valid operator and ((booth renter)) salon/shop license for that specific location.

(2) A business that has one or more branch locations shall obtain a separate salon/shop license for each location.

(3) ((A salon/shop establishment that does not meet the requirements of this chapter shall not offer or sublet booth rentals.

(4))) A licensed operator who provides cosmetology, barbering, esthetics, or manicuring services to place-bound clients in the client's home or in a long or short term health care facility is not required to obtain a location license.

(((5))) (4) A long or short term health care facility that establishes a salon/shop and operates it on a for profit basis for clients other than place-bound clients shall obtain a location license.

[Statutory Authority: Chapter 18.16 RCW. 92-15-087, 308-20-520, filed 7/17/92, effective 8/17/92.]


AMENDATORY SECTION(Amending WSR 92-15-087, filed 7/17/92, effective 8/17/92)

WAC 308-20-550   Posting of required licenses, registrations, permits, and notice to consumers.   (1) Licenses and the consumer notice required by chapter 18.16 RCW, shall be posted in direct public view ((in each salon/shop, rental booth and mobile unit. Personal service operators shall display their licenses and consumer notice in direct view of their client)).

(2) Original operator licenses with an attached current photograph shall be posted in clear view of clients in the operator's ((booth or)) work station. ((The residence address of the operator, if shown on the license, may be blocked from public view.))

(3) School, instructor, salon/shop, and mobile unit licenses shall be displayed in the reception area.

(4) Personal services shall display their licenses and consumer notice in direct view of their client.

(5) A pocket identification card may not be used in lieu of an original license.

(((4))) (6) No license which has expired or become invalid for any reason shall be displayed by any operator, instructor, or business in connection with the practice of cosmetology, barbering, esthetics, or manicuring. Any license so displayed shall be surrendered to a department representative upon its request.

(((5))) (7) Licenses issued by another state, territory, or foreign country shall not be displayed in any salon/shop.

(((6))) (8) A receipt, issued by the department of licensing, showing the application for a duplicate license may be used if the original has been lost, stolen, or otherwise destroyed until the duplicate license is received.

[Statutory Authority: Chapter 18.16 RCW. 92-15-087, 308-20-550, filed 7/17/92, effective 8/17/92.]


AMENDATORY SECTION(Amending WSR 92-15-087, filed 7/17/92, effective 8/17/92)

WAC 308-20-560   ((Booth renter)) Salon/shop, mobile ((operator)) unit, and personal services ((operator)) location license renewal process.   Each ((booth renter)) salon/shop, mobile ((operator)) unit, and personal services ((operator)) license shall be renewed on a yearly basis ((to conform to the date of birth of the owner of the business)). The renewal request shall be accompanied by:

(1) The license renewal fee required under the provisions of WAC 320-20-210.

(2) ((Confirmation, from the insurance company, of continued coverage of public liability insurance for the requested license renewal period.)) Affidavit of certification of public liability insurance including, name of provider, policy number, effective date, expiration date, amount of coverage, and signature of licensee.

(3) A statement noting any changes to the information contained in the original application form and attachments.

(4) Licenses must be renewed on or before the expiration date. Failure to renew the license by the expiration date shall result in a penalty fee.

(5) Failure to receive a notice of license renewal from the department ((shall)) does not constitute cause for failure to renew.

[Statutory Authority: Chapter 18.16 RCW. 92-15-087, 308-20-560, filed 7/17/92, effective 8/17/92.]


AMENDATORY SECTION(Amending WSR 92-15-087, filed 7/17/92, effective 8/17/92)

WAC 308-20-570   ((Salon/shop license)) Operator and instructor renewal process.   ((Each salon/shop license shall be renewed on a yearly basis prior to the first day of September of each year. The renewal request shall be accompanied by:

(1) The license renewal fee required under the provisions of WAC 320-20-210.

(2) Confirmation, from the insurance company, of continued coverage of public liability insurance for the requested license renewal period.

(3) A statement noting any changes to the information contained in the original application form and attachments.

(4) Licenses must be renewed on or before the expiration date. Failure to renew the license by the expiration date shall result in a penalty fee.

(5) Failure to receive a notice of license renewal from the department shall not constitute cause for failure to renew.)) Each operator or instructor license shall be renewed every two years. The renewal request shall be accompanied by:

(1) Social Security number.

(2) The license renewal fee required under the provisions of WAC 308-20-210.

(3) A statement noting any changes to the information contained in the original application form and attachments.

(4) Licenses must be renewed on or before the expiration date. Failure to renew the license by the expiration date shall result in a penalty fee.

(5) Failure to receive a notice of license renewal from the department does not constitute cause for failure to renew.

[Statutory Authority: Chapter 18.16 RCW. 92-15-087, 308-20-570, filed 7/17/92, effective 8/17/92.]


NEW SECTION
WAC 308-20-575   School license renewal process.   Each school shall be renewed on a yearly basis. The renewal request shall be accompanied by:

(1) Certification of annual gross tuition and surety bond in an amount equal to ten percent of the annual gross tuition, but not less than ten thousand dollars or more than fifty thousand dollars.

(2) Changes in curriculum, catalogs, brochures.

(3) Current list of instructors on forms provided by the department.

(4) Verification of current student/instructor ratio.

(5) Licenses must be renewed on or before the expiration date. Failure to renew the license by the expiration date shall result in a penalty.

(6) Failure to receive a notice of license renewal from the department does not constitute cause for failure to renew.

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AMENDATORY SECTION(Amending WSR 92-15-087, filed 7/17/92, effective 8/17/92)

WAC 308-20-600   Disinfecting and sterilizing of tools and other implements.   Adequate ((chemical disinfecting agents or)) disinfectants and sterilization equipment shall be available for use as needed at all times when the business is open to clients or operators.

(1) When sterilization equipment is used it shall be checked annually to assure that it is reaching the temperature required by the manufacturer's instructions.

(2) When commercially manufactured disinfectant solution is used it shall be mixed and used according to the manufacturer's instructions.

(3) When used according to the manufacturer's instructions the following methods may be used to disinfect ((and)) or sterilize tools and equipment.

(a) Immersion of the object in the disinfectant solution.

(b) Dry heat or autoclave sterilizer registered with the Federal Food and Drug Administration.

(4) All single-use items which cannot be sterilized or disinfected ((and)) shall be discarded after ((each)) use.

[Statutory Authority: Chapter 18.16 RCW. 92-15-087, 308-20-600, filed 7/17/92, effective 8/17/92.]


AMENDATORY SECTION(Amending WSR 97-10-049, filed 5/1/97, effective 6/1/97)

WAC 308-20-710   Application of brief adjudicative proceedings.   The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request, and/or at the discretion of the director pursuant to RCW 34.05.482, for the categories of matters set forth below. Brief adjudicative proceedings will be limited to a determination of one or more of the following issues:

(1) Whether an applicant for a license meets the minimum criteria for a license to practice as a salon/shop, ((booth renter,)) mobile ((operator)) unit, personal services ((operator)), instructor, cosmetologist, barber, manicurist, esthetician or school in this state and the department proposes to deny the application;

(2) Whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department;

(3) Whether an education course or curriculum meets the criteria for approval when approval by the department is required or authorized by statute or rule;

(4) Whether a license holder requesting renewal has submitted all required information and whether a license holder meets minimum criteria for renewal; and

(5) Whether a license holder has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship.

[Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). 97-10-049, 308-20-710, filed 5/1/97, effective 6/1/97.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-20-180 Posting of license.
WAC 308-20-530 Minimum licensing requirements.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office