WSR 10-06-092

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed March 2, 2010, 7:27 a.m. , effective April 2, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department of licensing is revising chapter 308-20 WAC for the cosmetology, barbering, manicuring and esthetics professions. Changes to the rules clarify language for monthly student reports, instructor-trainees, reciprocity and school inspections and renewals.

WAC 308-20-010 Definitions, subsection (2) adds language to the existing rule to include that the monthly student report must include the month and year.

WAC 308-20-040 Student records, subsection (1) adds language to the existing rule to include that each monthly student report shall include the month and the year. Subsection (4) adds language to the existing rule to include that schools shall maintain student records on the school premises.

WAC 308-20-107 Use and training of instructor-trainees, subsection (2) adds language to the existing rule to include that instructor-trainees shall hold a current Washington state cosmetology, barber, manicurist or esthetician license "in good standing" prior to becoming an instructor-trainee.

WAC 308-20-115 Reciprocity -- Persons licensed in other jurisdictions, subsection (4) adds language to the existing rule to include that the department shall issue a license to any person who provides proof that he or she has passed an examination approved by the director. Removes "approved examinations with the minimum passing score approved by the director."

WAC 308-20-120 Written and performance examinations, removes subsection (2) that specifies the National Interstate Council of State Boards of Cosmetology (NIC) examinations as the approved written and performance examinations required for applicants.

WAC 308-20-572 Preinspection of schools, changes the section title to inspection of schools. Subsection (1) adds language to existing rule to include that prior to approval of "application or renewal" for licensure, any person wishing to operate a school shall submit to an inspection of the site.

WAC 308-20-575 School license renewal process, adds language to include that a site inspection shall accompany the renewal request for schools.

Citation of Existing Rules Affected by this Order: Amending WAC 308-20-010, 308-20-040, 308-20-107, 308-20-115, 308-20-120, 308-20-572, and 308-20-575.

Statutory Authority for Adoption: RCW 43.24.086 and 18.16.030.

Adopted under notice filed as WSR 10-03-094 on January 20, 2010.

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 0, Amended 0, 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 7, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 0.

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 0, Amended 7, Repealed 0.

Date Adopted: March 2, 2010.

Walt Fahrer

Rules Coordinator

OTS-2935.1


AMENDATORY SECTION(Amending WSR 08-22-029, filed 10/28/08, effective 2/1/09)

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 month, year and 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 Washington state apprenticeship and training 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) "Journey level training" is the completion of three years working as a licensed cosmetologist, barber, manicurist or esthetician.

(7) "Completion of the apprenticeship training" 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.

(8) "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, 43.24.023. 08-22-029, 308-20-010, filed 10/28/08, effective 2/1/09. Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. 05-17-020, 308-20-010, filed 8/4/05, effective 9/4/05; 04-05-005, 308-20-010, filed 2/6/04, effective 3/8/04. 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 04-05-005, filed 2/6/04, effective 3/8/04)

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. Each monthly report shall include the month and the year.

(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 on the school premises 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, 18.16.280, 43.24.023. 04-05-005, 308-20-040, filed 2/6/04, effective 3/8/04. 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.]


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

WAC 308-20-107   Use and training of instructor-trainees.   (1) Instructor-trainees shall be supervised by a licensed instructor. 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 in good standing prior to becoming an instructor-trainee.

[Statutory Authority: RCW 18.16.030 and 43.24.023. 03-14-046, 308-20-107, filed 6/24/03, effective 7/25/03. 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 06-02-048, filed 12/29/05, effective 2/1/06)

WAC 308-20-115   Reciprocity -- Persons licensed in other jurisdictions.   The department shall issue a license to any person who is properly licensed in any state, territory, or possession of the United States, or foreign country if the applicant submits:

(1) Application;

(2) Fee;

(3) Proof that he or she is currently licensed in good standing as a cosmetologist, barber, manicurist, esthetician, instructor, or the equivalent in that jurisdiction;

(4) Provides proof that he or she has passed an examination approved by the director ((approved examinations with the minimum passing score approved by the director)).

[Statutory Authority: RCW 18.16.030 and 43.24.086. 06-02-048, 308-20-115, filed 12/29/05, effective 2/1/06.]


AMENDATORY SECTION(Amending WSR 06-02-048, filed 12/29/05, effective 2/1/06)

WAC 308-20-120   Written and performance examinations.   (1) 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 director adopts the National-Interstate Council of State Boards of Cosmetology (NIC) examinations as the approved written and performance examinations required for applicants.

(3))) The written and performance examinations for cosmetologist, barber, manicurist and esthetician shall reasonably measure the applicant's knowledge of safe and sanitary practice.

(((4))) (3) The written and performance examinations for instructors shall be constructed to measure the applicant's knowledge of lesson planning and teaching techniques.

(((5))) (4) In order to be eligible for licensure, a license applicant must pass both the written and performance examinations in the practice for which they are applying.

(((6))) (5) The minimum passing score for both the written and performance examinations in all practices is a scaled score of 75.

[Statutory Authority: RCW 18.16.030 and 43.24.086. 06-02-048, 308-20-120, filed 12/29/05, effective 2/1/06. Statutory Authority: RCW 18.16.030 and 43.24.023. 03-14-046, 308-20-120, filed 6/24/03, effective 7/25/03; 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 08-22-029, filed 10/28/08, effective 2/1/09)

WAC 308-20-572   ((Preinspection)) Inspection of schools.   (1) Prior to approval of application or renewal for licensure, any person wishing to operate a school shall((, before opening a school)), meet the requirements in RCW 18.16.140; submit to ((a preinspection)) an inspection of the site; and provide the following:

(a) Name of owner and current mailing and physical address if solely owned.

(b) Names of partners and current mailing and physical addresses if a partnership.

(c) Names of corporate officers and current mailing and physical addresses if a corporation.

(d) Name of the school, complete mailing address, and physical address.

(e) A signed fire inspection report from the local fire authority indicating all standards and requirements have been met.

(f) Listing of all instructors including license number and expiration date.

(g) Sample of monthly student reports.

(h) Sample of student packet to be provided to student at enrollment that must contain, but is not limited to, a copy of the school's catalog, brochure, enrollment contract, and cancellation and refund policies.

(i) Floor plan drawn to scale showing placement of all equipment; areas designated for the clinic, dispensary, classroom, office and restrooms; and identify student capacity.

(2) All locations shall pass a preinspection by a department representative by meeting the following requirements:

(a) An entrance sign designating the name of the school.

(b) A time clock or other equipment necessary for verification of attendance and hours earned.

(c) An adequate supply of hot and cold running water shall be available for school operation.

(d) Textbooks/teaching materials - textbooks shall be provided for each student in attendance.

(e) Lavatories with hot and cold running water.

(f) When a salon and school are under the same ownership in the same building, separate operation of the salon and the school must be maintained. Common reception areas and restrooms will be allowed; however, the salon and school must have separate entrances and meet location requirements identified in chapter 18.16 RCW.

(g) Emergency evacuation plans posted for staff and students.

(h) There must be a sufficient number of tables/desks and chairs to accommodate the registered students.

(i) Department of licensing safety and sanitation guidelines posted in all dispensaries and classrooms.

(j) Supplemental training space must be located within two miles of the original facility of the licensed school. These facilities must bear the same name as the original licensed school and it is only approved for theory and/or practice rooms. No clinic services shall be provided in additional facilities.

(k) Schools must post a sign that contains the words "work done exclusively by students" or "all work performed by students under supervision of a licensed instructor" in the reception or clinic area.

[Statutory Authority: RCW 18.16.030, 43.24.023. 08-22-029, 308-20-572, filed 10/28/08, effective 2/1/09.]


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

WAC 308-20-575   School license renewal process.   Each school shall be renewed on a yearly basis. In addition to the site inspection, 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.

[Statutory Authority: RCW 18.16.030 and 43.24.023. 03-14-046, 308-20-575, filed 6/24/03, effective 7/25/03.]

Washington State Code Reviser's Office