PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-13-098.
Title of Rule and Other Identifying Information: Chapter 308-20 WAC, Cosmetology, barber, manicurist, and estheticians.
Amending WAC 308-20-110 Minimum safety and sanitation standards for schools, cosmetologists, manicurists, estheticians, barbers, instructors, salon/shops, mobile units and personal services and 308-20-550 Posting of required licenses, registrations, permits and notice to consumers; and repealing WAC 308-20-600 Disinfecting and sterilizing of tools and other implements and 308-20-610 Chemical use and storage.
Hearing Location(s): Department of Licensing, Business and Professions Division, Building 2, Conference Room 209, 405 Black Lake Boulevard S.W., Olympia, WA 98507, on January 29, 2007, at 9:30 a.m.
Date of Intended Adoption: January 30, 2007.
Submit Written Comments to: Sandra Gonzales, Department of Licensing, Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, e-mail sgonzales@dol.wa.gov, fax (360) 664-2550, by January 26, 2007.
Assistance for Persons with Disabilities: Contact Sandra Gonzales by January 26, 2007, TTY (360) 664-8885 or (360) 664-6649.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose is to clarify and improve the safety and sanitation standards and guidelines. In summary, the proposed rules include standards and guidelines for the following:
| • | Chemical use and storage. |
| • | Sanitation and disinfection of tools and implements. |
| • | Use of "prescriptive" medical devices. |
| • | Personal cleanliness. |
| • | Refuse and waste material. |
| • | Cleaning and disinfecting foot spas. |
| • | Storage of tools and implements. |
| • | Prohibited instruments. |
| • | Blood spills. |
| • | Posting of current inspection report. |
Reasons Supporting Proposal: Changes to the safety and sanitation standards will be clearer and more in line with today's industry standards and improve the health, safety, and welfare of licensees and consumers.
Statutory Authority for Adoption: RCW 18.16.030, 43.24.023.
Statute Being Implemented: RCW 18.16.030.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Trudie Touchette, 405 Black Lake Boulevard S.W., (360) 664-6649; Enforcement: Susan Colard, 405 Black Lake Boulevard S.W., (360) 664-6649.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule will have minor impact to businesses in the industry.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this rule revision. Washington state department of licensing is not a named agency, therefore, exempt from this provision.
December 19, 2006
Trudie Touchette
Administrator
OTS-9450.1
AMENDATORY SECTION(Amending WSR 04-05-005, filed 2/6/04,
effective 3/8/04)
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. In addition, school
instructors and apprentice trainers must assure persons
training in a school or apprentice salon/shop will adhere to
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;
(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 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.)) (1) Requirements and standards.
(a) All locations must have immediate access to a sink with both hot and cold running water. Sinks located in the restroom do not qualify as a water source for the location premises.
(b) All locations must have a dispensing sink that must be labeled "not for public use."
(c) On-site laundry facilities must be maintained in a sanitary condition.
(d) Single-use hand soap and disposable or single use hand-drying towels for customers must be provided.
(e) Use of bar soap or a common towel is prohibited.
(f) Licensees must not work on clients with visible parasites, open wounds, or signs of infection.
(g) Licensees must sanitize and disinfect affected work area if visible parasites, open wounds, or signs of infection are found on a client.
(h) Creams and lotions must be dispensed using a disposable, or sanitized and disinfected applicator, and liquids must be dispensed with a squeeze bottle or pump.
(i) Wash hands with single-use soap and/or hand sanitizer and disposable or single use hand-drying towels after restroom use and before providing service to each client.
(j) Waste receptacles and sweepers must be emptied, sanitized and disinfected daily.
(k) After service on each client, hair and nail clippings must immediately be placed in a closed covered container.
(2) Personal cleanliness.
(a) A licensee must thoroughly wash his or her hands with soap and warm water or any equally effective cleansing agent immediately before providing services to each client, before checking a student's work on a client, or after smoking, eating or using the restroom.
(b) A client's skin upon which services will be performed must be washed with soap and warm water or wiped with disinfectant or waterless hand cleanser approved for use on skin before a service on the hands and feet.
(c) A licensee who has a contagious disease, visible parasite, or open wound of a nature that may be transmitted, must not perform services on a client until the licensee takes medically approved measures to prevent transmission of the disease.
(3) Articles in contact with a client.
(a) A neck strip or towel must be placed around the client's neck to prevent direct contact between a multiple use haircloth or cape and the client's skin, and must be in place during entire service.
(b) All items, which come in direct contact with the client's skin that do not require disinfecting, must be sanitized; to include reusable gloves.
(c) All articles, which come in direct contact with the client's skin that cannot be sanitized and disinfected, must be disposed of in a waste receptacle immediately after service on each client.
(d) Disposable protective gloves must be disposed of after service on each client.
(4) Materials in contact with a client.
(a) All chemical substances, including paraffin wax must be dispensed from containers in a manner to prevent contamination of the unused portion.
(b) Any part of the body being immersed in paraffin wax must be sanitized with soap and water or sanitizing solution.
(c) Paraffin wax must be covered when not in use, and maintained at a temperature specified by the manufacturer's instructions.
(5) Chemical use and storage.
(a) When administering services to a client that involve the use of chemicals or chemical compounds, all licensees must follow safety procedures, which prevent injury to the client's person or clothing.
(b) Licensees using chemicals or chemical compounds in providing services to clients must store the chemicals so as to prevent fire, explosion, or bodily harm.
(i) Flammable chemicals must be stored away from potential sources of ignition.
(ii) Chemicals which could interact in a hazardous manner such as oxidizers, catalysts, and solvents, must be segregated in storage.
(iii) All chemicals must be stored in accordance with the manufacturer's directions.
(6) Refuse and waste material.
(a) All chemical, flammable, toxic or otherwise harmful waste material must be deposited in a closed container at the conclusion of each service on a client and removed from the premises to a fire-retardant container at the close of each business day.
(b) All nonchemical waste related to the performance of services must be deposited in a covered container to avoid the potential for cross contamination through release of or exposure to infectious waste materials.
(c) All waste unrelated to the performance of services must be deposited in a covered waste disposal container. Containers located in the reception or office area, which do not contain waste relating to the performance of services, are exempt from having covers.
(d) Outer surfaces of waste disposal containers must be kept clean.
(e) Any disposable sharp objects that come in contact with blood or other body fluids must be disposed of in a sealable rigid (puncture proof) labeled container that is strong enough to protect the licensee, client and others from accidental cuts or puncture wounds that could happen during the disposal process.
(f) Licensees must have both sealable plastic bags and sealable rigid containers available for use at all times services are being performed.
(7) Sanitation/disinfecting.
(a) All tools and implements, including; reusable skin cleaning sponges and skin care bowls, must be sanitized and disinfected or disposed of after service on each client.
(b) When used according to the manufacturer's instructions, each of the following is an approved method of disinfecting tools and implements after they are cleaned of debris:
(i) Complete immersion or spray with an EPA-registered disinfectant solution of the object(s) or portion(s) thereof to be disinfected; or
(ii) Steam sterilizer, registered and listed with the U.S. Food and Drug Administration; or
(iii) Dry heat sterilizer, registered and listed with the U.S. Food and Drug Administration, or Canadian certification.
(c) All sanitized and disinfected tools and implements must be kept in a sanitizer or closed nonairtight container.
(d) All disinfecting solutions and/or agents must be kept at manufacturer recommended strengths to maintain effectiveness, be free from foreign material and be available for immediate use at all times the location is open for business.
(e) Nail files, cosmetic make-up sponges, buffer blocks, sanding bands, toe separators or sleeves, orangewood sticks, and disposable nail bits which have not been approved for disinfection and reuse, must be given to the client or discarded after service on each client. Presence of these articles in the work area will be prima facie evidence of reuse.
(8) Disinfecting nonelectrical tools and implements.
(a) All tools and implements used within a field of practice must be disinfected after service on each client in the following order:
(i) Remove all hair and/or foreign material;
(ii) Clean thoroughly with soap or detergent and water;
(iii) Rinse thoroughly with clear, clean water; and
(iv) Disinfect with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, and use according to manufacturer's instructions.
(b) Tools and implements without sharp edges or points, including but not limited to combs, brushes, rollers, rods, etc., must be totally immersed according to manufacturer's instructions.
(c) Clips or other tools and instruments must not be placed in mouths, pockets or unsanitized holders.
(d) A client's personal cosmetology products, tools and instruments must not be used in the establishment except when prescribed by a physician.
(9) Disinfecting electrical tools and implements. Electrical tools and implements must be disinfected after service on each client in the following order:
(a) Remove hair and/or foreign matter;
(b) Disinfect with a low level disinfectant according to the manufacturer's instructions.
(10) Storage of tools and implements.
(a) New and/or sanitized and disinfected tools and implements must be stored separately from all others.
(b) Roller storage receptacles and contents must be sanitized and disinfected and free of foreign material.
(c) Storage cabinets, work stations and storage drawers for sanitized and disinfected tools and implements must be clean, free of debris and used only for sanitized and disinfected tools and implements.
(d) Storage of used tools and implements that are not in a labeled drawer or container is prohibited at the workstation.
(11) Cleaning and disinfecting footspas.
(a) As used in this section, "footspa" or "spa" is defined as any basin using circulating water.
(b) After service upon each client, each footspa must be cleaned and disinfected in the following order:
(i) All water must be drained and all debris must be removed from the spa basin.
(ii) The spa basin must be cleaned with soap or detergent and water.
(iii) The spa basin must be disinfected with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, which must be used according to manufacturer's instructions.
(iv) The spa basin must be wiped dry with a clean towel.
(c) At the end of each day, each footspa must be cleaned and disinfected in the following order:
(i) The screen must be removed, all debris trapped behind the screen must be removed, and the screen and the inlet must be washed with soap or detergent and water.
(ii) Before replacing the screen, the screen must be totally immersed in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, which must be used according to the manufacturer's instructions.
(iii) The spa system must be flushed with low sudsing soap and warm water for at least ten minutes, after which the spa must be rinsed and drained.
(d) Every other week (biweekly), after cleaning and disinfecting as provided in (c) of this subsection, each footspa must be cleaned and disinfected in the following order:
(i) The spa basin must be filled completely with water and one teaspoon of 5.25% bleach for each one gallon of water, or a solution of sodium hypochlorite of approximately 50 ppm used according to manufacturer's instructions.
(ii) The spa system must be flushed with the bleach and water solution, or sodium hypochlorite solution, for five to ten minutes and allowed to sit for six to ten hours.
(iii) The spa system must be drained and flushed with water before service upon a client.
(e) A record must be made of the date and time of each cleaning and disinfecting as required by (c) and (d) of this subsection, and indicate whether the cleaning was a daily or biweekly cleaning. This record must be made at the time of cleaning and disinfecting. Cleaning and disinfecting records must be made available upon request by either a client or a department representative.
(12) Headrests and treatment tables.
(a) The headrest of chairs must be sanitized, disinfected and covered with a clean towel or paper sheet after service on each client.
(b) Shampoo trays and bowls must be sanitized and disinfected after each shampoo, kept in good repair and in a sanitary condition at all times.
(c) All treatment tables must be sanitized, disinfected and covered with sanitary linens or examination paper, which must be changed after each service on a client.
(13) Walls and ceilings. Walls and ceilings must be clean and free of excessive spots, mildew, condensation, or peeling paint.
(14) Liquids, creams, powders and cosmetics.
(a) All liquids, creams, and other cosmetic preparations must be kept in clean and closed containers.
(b) All bottles and containers must be distinctly and correctly labeled to disclose their contents. All bottles and containers containing poisonous substances must be additionally and distinctly marked as such.
(c) When only a portion of a cosmetic preparation is to be used on a client, it must be removed from the container in such a way as not to contaminate the remaining portion.
(d) Pencil cosmetics must be sharpened before each use. Sanitize and disinfect or dispose of the sharpener after service on each client.
(15) Towels or linens. Clean towels or linens must be used for each client in cosmetology, esthetics, manicuring and barbering services. Towels and linens must be sanitized and disinfected with a 10% bleach solution or the equivalent.
(16) Prohibited hazardous substances -- Use of products. No establishment or school may 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 must be used in a manner that is disapproved by the FDA.
(17) Prohibited instruments or practices.
(a) Any razor-edged tool, which is designed to remove calluses.
(b) Neck and nail dusters to remove debris from client.
(18) Blood spills. If there is a blood spill or exposure to other body fluids during a service, licensees and students must stop and proceed in the following order:
(a) Put on gloves;
(b) Clean the wound with an antiseptic solution;
(c) Cover the wound with a sterile bandage;
(d) If the wound is on a licensee hand in an area that can be covered by a glove or finger cover, the licensee must wear a clean, fluid proof protective glove or finger cover. If the wound is on the client, the licensee providing service to the client must wear gloves on both hands.
All equipment, tools and instruments that have come into contact with blood or other body fluids must be sanitized and disinfected or discarded. Blood-contaminated tissue or cotton or other blood-contaminated material must be placed in a sealed, labeled plastic bag and that plastic bag must be placed into another plastic bag (double bagged), and discarded. Licensees must wear gloves if there is contact with blood or other body fluids, and must sanitize and disinfect or discard gloves and wash hands.
(19) First aid kit. The establishment must have a first aid kit that contains at a minimum: Small bandages, gauze, antiseptic, and a blood spill kit that contains disposable bags, gloves and hazardous waste stickers.
(20) Medical devices. Any medical device listed with the federal Food and Drug Administration (FDA) as a "prescriptive device" must be under the delegation and supervision of a licensed physician or physician's assistant or an advanced registered nurse practitioner (ARNP) as defined under chapters 18.71, 18.57, 18.71A, and 18.57A RCW, and RCW 18.79.050.
(21) Restroom.
(a) All locations must have a restroom available. The restroom must be located on the premises or in adjoining premises, which is reasonably accessible.
(b) All restrooms located on the premises must be kept clean, sanitary and in proper working order at all times.
[Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. 04-05-005, § 308-20-110, filed 2/6/04, effective 3/8/04. 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.]
(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, 18.16.280, 43.24.023. 04-05-005, § 308-20-550, filed 2/6/04, effective 3/8/04. 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.]
The following sections of the Washington Administrative Code are repealed:
| WAC 308-20-600 | Disinfecting and sterilizing of tools and other implements. |
| WAC 308-20-610 | Chemical use and storage. |