WSR 04-01-191

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed December 23, 2003, 3:53 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-10-084.

Title of Rule: Chapter 308-20 WAC, Cosmetologists, barbers, manicurists, and estheticians.

Amending: WAC 308-20-010 Definitions, 308-20-040 Records, 308-20-090 Student credit for training in a licensed school, 308-20-110 Minimum safety and sanitation standards for schools, cosmetologists, manicurists, estheticians, barbers, instructors, salons/shops, mobile units, and personal services, and 308-20-550 Posting of required licenses, registrations, permits, and notice to consumers.

New Sections: WAC 308-20-055 Apprentice records, 308-20-101 Apprentice credit for training in an approved apprentice salon/shop, and 308-20-555 Identification of apprentices and apprentice salon/shops.

Purpose: To provide for licensure of the participants of the apprenticeship program, including a mandatory requirement that apprentices complete in-classroom theory courses as part of their training. To amend current rules that need further written clarification as per the governor's directive on state rules review.

Statutory Authority for Adoption: RCW 18.16.030, 18.16.280, 43.24.023.

Statute Being Implemented: RCW 18.16.030 and 18.16.280.

Summary: The new and amended sections provide licensing requirements for individuals graduating from the apprenticeship program and requirements of salon/shops and apprentice trainers who will provide the training for apprentices.

Reasons Supporting Proposal: The new and amended rules will allow for licensure of apprentices and will provide requirements intended to maintain the safety and welfare of the public.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rosie McGrew, 405 Black Lake Boulevard, Building 2, Olympia, WA 98502, 664-6643.

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: The amended rules and new sections added will give the graduating apprentice the opportunity to become licensed once meeting the requirements of the department. In addition, requirements for the salon/salon shops and trainers have been added to increase the safety and welfare of the public.

Proposal Changes the Following Existing Rules: The following changes have been made to chapter 308-20 WAC:

Definitions of "apprentice salon/shop," "apprentice trainer," "completion of the apprenticeship program," and "monthly apprentice report" have been added.

Apprenticeship salon/shop has been added to "student credit for training in a licensed school."

New sections for "apprentice records," "apprentice credit for training in an approved apprentice salon/shop" and "identification of apprentices and apprentice salon/shops" has been added.

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 209, Olympia, WA 98502, on January 29, 2004, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Rosie McGrew by January 28, 2004, TDD (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, by January 28, 2004.

Date of Intended Adoption: January 30, 2004.

December 23, 2003

Trudie Touchette

Administrator

OTS-6889.2


AMENDATORY SECTION(Amending WSR 03-14-046, filed 6/24/03, effective 7/25/03)

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 report" are forms provided by the school, approved by the department, preprinted with the school name. The 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.

(4) "Apprentice salon/shop" is a location certified by the advisory committee that provides training for individuals accepted into the apprenticeship program. Apprentice salon/shops shall not receive payment from the apprentice for training.

(5) "Apprentice trainer" is a person that is currently licensed and in good standing. This person provides training in a licensed shop approved for the apprenticeship program, who must have received Journey Level training and have held a license in the curriculum for which he or she is providing training for a minimum of three years.

(6) "Completion of the apprenticeship program" is the completion of the apprentice salon/shop curriculum that includes the state approved hourly course of training as described in WAC 308-20-080 and the in-classroom theory training from a school licensed with the department of licensing.

(7) "Monthly apprentice report" forms provided by the apprentice shop, approved by the department, printed with the shop name, for use in recording apprentice training hours and activities.

[Statutory Authority: RCW 18.16.030 and 43.24.023. 03-14-046, 308-20-010, filed 6/24/03, effective 7/25/03. 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 03-14-046, filed 6/24/03, effective 7/25/03)

WAC 308-20-040   Student records.   (1) Schools shall collect and record monthly and final student reports. These 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 an activity as described in WAC 308-20-080. The hours attended shall not be recorded in less than one-quarter hour increments.

(2) Monthly and final student reports shall be signed by either the school owner, school manager or a person the school has authorized to sign the student reports.

(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 license examination application. Certification shall be by a person authorized to sign student reports according to subsection (2) of this section.

(4) Schools shall maintain student records for at least three years. The student records shall include documentation of student training.

(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 and 43.24.023. 03-14-046, 308-20-040, filed 6/24/03, effective 7/25/03. 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.]


NEW SECTION
WAC 308-20-055   Apprentice records.   (1) Apprentice salon/shops shall collect and record monthly and final apprentice training records. Copies of each apprentice's records shall be forwarded to the apprenticeship program. The records shall contain the cumulative number of hours the apprentice has earned in each area of the minimum instruction guidelines and the number of times an apprentice performs an activity.

(2) Monthly and final apprentice records shall be signed by the trainer and shop owner. The apprentice salon/shop shall notify the department of persons authorized to sign the apprentice's records on forms provided by the department.

(3) The apprenticeship program shall certify to the department on forms provided by the department that the apprentice has satisfied the minimum number of training hours required in the standards of the apprenticeship program which must include the minimum instruction requirements for cosmetology, barbering, manicuring and esthetics training as described in WAC 308-20-080.

(4) The apprentice records shall be maintained by the shop during the training and by the apprenticeship program for three years once training is completed. The apprentice records shall include documentation of apprentice training.

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AMENDATORY SECTION(Amending WSR 03-14-046, filed 6/24/03, effective 7/25/03)

WAC 308-20-090   Student credit for training in a licensed school.   (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)) 308-20-105 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 the schools and apprenticeship salon/shops and may receive credit toward completion of the curriculum in the new school or apprenticeship salon/shop. In order to receive a transfer student or apprentice, the new school or apprentice salon/shop shall do the following:

(a) Evaluate the certified final student report provided by the student or apprentice and ((certified by the previous school and)) compare the report ((from)) with the ((previous school with the new school's)) new or apprentice salon/shop 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.)) The school or apprentice salon/shop may accept or reject the final student or apprentice report in part or in total from the previous school or salon/shop and prepare a monthly report that documents the amount of instructions being accepted.

(5) Both the transferring and receiving school((s)) or salon/shop 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 and 43.24.023. 03-14-046, 308-20-090, filed 6/24/03, effective 7/25/03. 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.]


NEW SECTION
WAC 308-20-101   Apprentice credit for training in an approved apprentice salon/shop.   (1) A minimum of one trainer per apprentice is required.

(2) Only the hours of instruction an apprentice is given under the direction of a trainer as defined in WAC 308-20-010 and in the standards developed by the apprenticeship program shall be credited toward completion of the apprenticeship training.

(3) Theory hours must be taught in a licensed school by a licensed instructor.

(4) When all of the apprenticeship program requirements have been met by the apprentice and within thirty days of an apprentice's completed training, the committee shall provide to the apprentice a copy of the apprentice's final report.

(5) An apprentice may transfer between shops only when the committee approves the transfer.

(6) Apprentice trainers must be physically present where apprentices are training.

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AMENDATORY SECTION(Amending WSR 03-14-046, filed 6/24/03, effective 7/25/03)

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

(1) Safety shall be maintained as follows:

(a) 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;

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

(f) Licensees shall not work on clients with parasites, open wounds, or signs of infection; and

(g) School instructors and apprentice trainers shall not allow persons training in a school or apprentice salon/shop to work on clients with parasites, open wounds, or signs of infection.

(2) Sanitation shall be maintained as follows:

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

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

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

(d) Disposable products shall be placed in a waste receptacle;

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

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

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

(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 and 43.24.023. 03-14-046, 308-20-110, filed 6/24/03, effective 7/25/03. 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 03-14-046, filed 6/24/03, effective 7/25/03)

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, and the apprentice salon/shop notice as defined in WAC 308-20-555 shall be posted in direct public view.

(2) Original operator licenses with an attached current photograph shall be posted in clear view of clients in the operator's work station.

(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.

(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.

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

(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: RCW 18.16.030 and 43.24.023. 03-14-046, 308-20-550, filed 6/24/03, effective 7/25/03. Statutory Authority: Chapter 18.16 RCW. 92-15-087, 308-20-550, filed 7/17/92, effective 8/17/92.]


NEW SECTION
WAC 308-20-555   Identification of apprentices and apprentice salon/shops.   (1) Salon shops must post notice to customers of participation in the apprenticeship program. At a minimum the notice shall state "This shop is a participant in a state approved apprenticeship program. Apprentices in this program are in training and have not yet received a license."

(2) Apprentices must wear identification visible to the public that states they are participants in the apprenticeship program.

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