PERMANENT RULES
Date of Adoption: June 24, 2003.
Purpose: Chapter 308-20 WAC, Cosmetologist, barbers, manicurists, and estheticians, to amend, repeal or retain current rules, which may no longer be needed or need further written clarification as per the governor's directive on state rules review.
Citation of Existing Rules Affected by this Order: Repealing WAC 308-20-180 and 308-20-530; amending WAC 308-20-010, 308-20-040, 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.
Statutory Authority for Adoption: RCW 18.16.030 and 43.24.023.
Adopted under notice filed as WSR 03-10-085 on May 6, 2003.
Changes Other than Editing from Proposed to Adopted Version: WAC 308-20-080 has been withdrawn from this filing.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 8, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 14, Repealed 2.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 2,
Amended 14,
Repealed 2.
Effective Date of Rule:
Thirty-one days after filing.
June 24, 2003
Trudie Touchette
Acting Administrator
OTS-6309.6
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.]
(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.]
(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 308-20-091 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.]
(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.
[]
(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.]
(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.]
(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.]
(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.]
Title of Fee | Fee |
Cosmetologist: | |
Written examination application | $ 25.00 |
Written examination retake | 25.00 |
Renewal (( |
(( 40.00 |
Late renewal penalty | 20.00 |
Duplicate license | 15.00 |
Certification | 25.00 |
(( |
|
Instructor: | |
Examination application | 30.00 |
(( |
|
Renewal(( |
(( 40.00 |
Late renewal penalty | 20.00 |
Duplicate license | 15.00 |
Certification | 25.00 |
(( |
|
Manicurist: | |
Written examination application | 25.00 |
Written examination retake | 25.00 |
Renewal (( |
(( 40.00 |
Late renewal penalty | 20.00 |
Duplicate | 15.00 |
Certification | 25.00 |
(( |
|
Esthetician: | |
Written examination application | 25.00 |
Written examination retake | 25.00 |
Renewal (( |
(( 40.00 |
Late renewal penalty | 20.00 |
Duplicate | 15.00 |
Certification | 25.00 |
(( |
|
Barber: | |
Written examination application | 25.00 |
Written examination retake | 25.00 |
Renewal (( |
(( 40.00 |
Late renewal penalty | 20.00 |
Duplicate license | 15.00 |
Certification | 25.00 |
(( |
|
School: | |
License application | 175.00 |
Renewal (( |
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 |
(( |
|
Mobile (( |
|
License application | 50.00 |
Renewal (one-year license) | 50.00 |
Late renewal penalty | 50.00 |
Duplicate license | 15.00 |
Personal services (( |
|
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.]
(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.]
(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.]
(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.]
(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.]
(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.
[]
(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.]
(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.]
The following sections of the Washington Administrative Code are repealed:
WAC 308-20-180 | Posting of license. |
WAC 308-20-530 | Minimum licensing requirements. |