WSR 13-20-138 PROPOSED RULES DEPARTMENT OF LICENSING [Filed October 2, 2013, 10:16 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-11-062 and 13-11-145.
Title of Rule and Other Identifying Information: Chapter 308-20 WAC, Cosmetology, barber, manicurist, esthetician.
Hearing Location(s): Department of Licensing, Building 2, Conference Room 209, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on November 5, 2013, at 10:30 a.m.
Date of Intended Adoption: November 12, 2013.
Submit Written Comments to: Cameron Dalmas, Department of Licensing, Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, e-mail ndalmas@dol.wa.gov, fax (360) 664-2550, by October 29, 2013.
Assistance for Persons with Disabilities: Contact Cameron Dalmas by October 29, 2013, TTY (360) 664-0116 or (360) 664-6443.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes will amend chapter 308-20 WAC to:
Reasons Supporting Proposal: SHB 1779 was passed during the 2013 legislative session giving the department authority to modify the license requirements for estheticians. Also, stakeholders that the department regularly works with have requested the existing safety and sanitation procedures be updated and amended for clarity, intent, and statutory authority. The proposed rule amendments are supported by industry and meets exemption criteria outlined in Executive Order 10-06.
Statute Being Implemented: Chapter 18.16 RCW.
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, Implementation and Enforcement: Susan Colard, 405 Black Lake Boulevard S.W., Olympia, WA 98502, (360) 664-6647.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are exempt under RCW 34.05.310 (4)(g)(ii).
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).
October 2, 2013
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-06-092, filed 3/2/10, effective 4/2/10)
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)) an instructor who is licensed in the curriculum being taught and is employed at the school where the student is enrolled. (3) The school shall certify ((to the department)) that ((the)) a 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)) at the time the final hours are reported to the department. (4) Schools shall maintain student records on the school premises for at least three years. The student records shall include documentation of student training including the monthly student reports. (5) The school shall notify the department of the persons authorized to sign student records on the school data sheet. (((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.))
AMENDATORY SECTION (Amending WSR 08-22-029, filed 10/28/08, effective 2/1/09)
WAC 308-20-055 Apprentice records.
(1) Apprentice salon/shops shall collect and record monthly and final apprentice training records. These reports described in WAC 308-20-010(8) 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. Records shall include the month, year, and daily activities of the apprentice in each subject. (2) Copies of each apprentice's records shall be kept on file at the apprentice salon shop for the duration of training for each apprentice and provided to the apprentice and the apprenticeship program at the end of each month of training. (3) 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. (4) ((At the completion of training)) The apprenticeship program shall certify ((to the department on forms provided by the department)) that ((the)) an apprentice has satisfied the minimum ((number of training hours)) instruction guidelines 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 at the time the final hours are reported to the department. (5) The apprentice records shall be maintained by the shop during the training and by the Washington state apprenticeship and training committee for three years once training is completed. The apprentice records shall include documentation of apprentice training.
AMENDATORY SECTION (Amending WSR 08-22-029, filed 10/28/08, effective 2/1/09)
WAC 308-20-065 Student and apprentice registration.
(1) All schools and apprentice shops shall register any new student to the department in a manner and format prescribed by the department. (2) At least one time per month, on or before the tenth day of the month, schools and apprentice shops shall submit to the department, a record of each student or apprentice's accrued clock hours in a manner and format prescribed by the department. A school or apprentice shop's initial submission of clock hours shall include all hours accrued at the school or apprentice shop and all transferred hours received by the school or apprentice shop. (3) Upon graduation, a school shall certify in a manner and format prescribed by the department that a student has completed the curriculum hours approved by the department. (4) Upon completion of the apprenticeship training program, the apprentice shop shall certify in a manner and format prescribed by the department that an apprentice has completed the minimum number of training hours approved by the department. (((4))) (5) Schools and apprentice shops shall ((submit)) report a student or apprentice's withdrawal or termination to the department, in a manner and format prescribed by the department, within ten calendar days ((after)) of the withdrawal or termination. (((5))) (6) Schools and apprentice shops shall ((submit)) report a student or apprentice's leave of absence request approved by the school or apprentice shop to the department, in a manner and format prescribed by the department, within ten calendar days of the start date of the leave.
AMENDATORY SECTION (Amending WSR 08-22-029, filed 10/28/08, effective 2/1/09)
WAC 308-20-080 Minimum instruction guidelines for cosmetology, barbering, manicuring and esthetics training.
The minimum instruction guidelines for training required for a student or apprentice to be eligible to take the license examination for the following professions shall include: (1) For cosmetology: (a) Theory of the practice of cosmetology((, barbering, manicuring and esthetics services)) including business practices; (b) At least 100 hours of skills in the application of manicuring and pedicuring services; (c) At least 100 hours of skills in the application of esthetics services; (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 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; (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 and removal of chemicals; (k) Chemical relaxing including sectioning, strand test, ((and)) relaxer application, and removal of chemicals; (l) Hair coloring and bleaching including predisposition test and strand test, and measurement, mixing, application and removal of chemicals; (m) Sanitizing and 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) Students shall train using a combination of mannequin and live client training with no more than twenty-five percent of skills training using mannequins. (2) For barbering: (a) Theory of the practice of barbering services and business practices; (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) Sanitizing and 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) Students shall train using a combination of mannequin and live client training with no more than twenty-five percent of skills training using mannequins. (3) For manicuring: (a) Theory in the practice of manicuring and pedicuring services and business practices; (b) Artificial nails including silk, linen, fiberglass, acrylic, gel, powder, extensions and sculpting, preparation, application, finish and removal; (c) Cleaning, shaping and polishing of nails of the hands and feet and treatment of cuticles; (d) ((Cleaning, shaping and polishing of nails of the feet; (e))) Sanitizing and disinfecting of individual work station, individual equipment and tools and proper use and storage of linens; (((f))) (e) Diseases and disorders of the nails of the hands and feet; (((g))) (f) Safety including proper use and storage of chemicals, implements and electrical appliances; (((h))) (g) First aid as it relates to manicuring and pedicuring; and (((i))) (h) Students shall train using a combination of mannequin and live client training with no more than twenty-five percent of skills training using mannequins. (4) For esthetics: (((a))) Theory in the practice of esthetics services((;)) and business practices (750 hours): (((b))) (a) Care of the skin ((care of the face, neck and hands including hot)) compresses, massage, wraps, masks, exfoliation, use of electrical or mechanical appliances or chemical compounds; (((c) Facials; (d))) (b) Temporary removal of superfluous hair of the ((face, neck and hands)) skin by means including tweezing, waxing, tape, chemicals, lotions, creams, sugaring, threading, mechanical or electrical apparatus and appliances; (((e))) (c) Sanitizing and disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens; (((f))) (d) Diseases and disorders of the skin of the face, neck and hands; (((g))) (e) Safety including proper use and storage of chemicals, implements and electrical appliances; (((h))) (f) First aid as it relates to esthetics; and (((i))) (g) Students shall train using a combination of mannequin and live client training with no more than twenty-five percent of skills training using mannequins. (5) Master esthetics (450 additional hours): Theory in the practice of master esthetics and business practices includes all of subsection (4) of this section and the following: (a) Exfoliation and medical esthetic procedures; (b) Laser, light frequency, radio frequency, ultrasound, and plasma practices; (c) Medium depth chemical peels; (d) Advanced client assessment, documentation, and indications/contraindications; (e) Pretreatment and post-treatment procedures; (f) Lymphatic drainage and advanced facial massage; and (g) Advanced diseases and disorders of the skin.
AMENDATORY SECTION (Amending WSR 08-22-029, filed 10/28/08, effective 2/1/09)
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 308-20-105 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 certified copy of the student's final report and refer the student for examination(s) in a manner and format prescribed by the department. (4) Students may transfer between the schools and apprenticeship salon/shops licensed under chapter 18.16 RCW and may receive credit toward completion of the curriculum in the new school or apprenticeship salon/shop. In order to ((receive)) enroll a transfer student or apprentice, the new school or apprentice salon/shop shall do the following: (a) Confirm that the student is available for transfer through the student registration process in a manner and format prescribed by the department; (b) Evaluate the certified final student report provided by the student or apprentice and compare the report with the new school or apprentice salon/shop curriculum requirements; and (((b))) (c) The new 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 shall prepare a monthly report that documents the amount of instructions being accepted. (5) Both the transferring and receiving school or salon/shop shall maintain student or apprentice 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. (7) Certified training hours expire three years after the last day of attendance. Any hours earned by a student that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure.
AMENDATORY SECTION (Amending WSR 03-14-046, filed 6/24/03, effective 7/25/03)
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 by a student in a licensed salon/shop under a contract approved by the department signed by the student, the school owner, and the salon/shop manager. (2) A copy of the signed contract shall be kept in the student file, kept on file at the salon shop and given to the student and shall be made available to the department on request. (3) 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))) (4) Students will not receive any wages or commission for hours of credit earned in a salon/shop. (((4))) (5) Salon/shops shall provide weekly reports to the school((s)) and student with hours the student earned in each area of agreed training. (((5) Licensed operators must be physically present where students are training.)) (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. (7) Licensed operators must be physically present where students are training. (8) Students in training must wear identification visible to the public that states that they are students in training. (9) Certified training hours expire three years after the last day of attendance. Any hours earned by a student that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure.
AMENDATORY SECTION (Amending WSR 08-22-029, filed 10/28/08, effective 2/1/09)
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 those hours of theory instruction given under the direction of an instructor licensed under chapter 18.16 RCW shall be credited towards completion of the apprentice curriculum requirements for theory hours. Cosmetologist, barber, manicurist and esthetician theory hours must be taught in a classroom setting under the direct supervision of an instructor licensed in the curriculum for which he or she is providing theory instruction. (3) With the exception of theory hours, only those hours of instruction an apprentice is given under the direction of an apprentice 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. (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)) Washington state apprenticeship council or the Washington state department of labor and industries approves the transfer. (6) Apprentice trainers and instructors must be physically present where apprentices are receiving practical training. (7) Certified training hours expire three years from last date of attendance. Any hours earned by an apprentice that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure.
AMENDATORY SECTION (Amending WSR 03-14-046, filed 6/24/03, effective 7/25/03)
WAC 308-20-105 Minimum instruction requirements for instructor-trainees.
The minimum instruction requirements 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) Written lesson plans; (e) Student assignments; (((e))) (f) Materials and supplies; and (((f))) (g) 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.
AMENDATORY SECTION (Amending WSR 10-06-092, filed 3/2/10, effective 4/2/10)
WAC 308-20-107 Use and training of instructor-trainees.
(1) Instructor-trainees shall be supervised at all times 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, or master esthetician license in good standing prior to ((becoming)) enrolling in an instructor-trainee program. A copy of the instructor-trainee's valid Washington state operator license shall be kept in the student's file.
AMENDATORY SECTION (Amending WSR 07-14-066, filed 6/29/07, effective 8/1/07)
WAC 308-20-110 Minimum safety and sanitation standards for schools, cosmetologists, manicurists, estheticians, barbers, instructors, salons/shops, mobile units and personal services.
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 and disinfection standards: (1) Requirements and standards. (a) All locations where chemical services are provided to clients must have a dispensing sink with hot and cold running water. Dispensing sinks are used for mixing chemicals, and disinfecting supplies, tools, equipment, and other materials. Dispensing sinks must be labeled "not for public use." (b) On-site laundry facilities must be maintained in a sanitary condition. (c) Single-use hand soap and disposable or single-use hand-drying towels for customers must be provided. (d) Use of bar soap or a common towel is prohibited. (e) Licensees must not ((work)) perform or continue services on a client((s)) with visible parasites, open wounds, or signs of infection. If the licensee has reason to believe or observes that the client has a contagious condition such as head lice, nits, ringworm, an open wound or sore or signs of infection in the area to be serviced, the licensee must: (i) Stop services immediately in a safe manner; (ii) Inform the client of the reason the service was stopped; (iii) Sanitize and disinfect all affected tools and work areas. (f) ((Licensees must sanitize and disinfect affected work area if visible parasites, open wounds, or signs of infection are found on a client.)) 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. (g) ((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.)) All liquids, creams, and other cosmetic preparations including paraffin wax and depilatory wax must be kept in clean and closed containers. (h) ((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. (i) Waste containers must be emptied, sanitized and disinfected daily. (j))) 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. (i) Items subject to possible cross contamination such as liquids, creams and lotions, cosmetic preparations and chemicals including paraffin wax and depilatory wax must be dispensed in a way that does not contaminate the remaining portion by using a disposable, or sanitized and disinfected applicator. Applicators shall not be redipped in product. Liquids must be dispensed with a squeeze bottle or pump. Any product that becomes contaminated shall be discarded after use on that particular client. (j) Pencil cosmetics must be sharpened before each use. Sanitize and disinfect or dispose of the sharpener after service on each client. (k) 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. (l) 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. (m) 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)) including 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))) (3) Materials in contact with a client. (a) Paraffin wax and depilatory wax must be covered in a manner to prevent contamination except during the waxing service, and maintained at a temperature specified by the manufacturer's instructions. (b) Paraffin wax and depilatory wax must be dispensed in a way that does not contaminate the remaining portion by using one of the following methods: (i) Use a new spatula each time wax is removed from the pot; (ii) Apply wax directly onto a disposable strip; (iii) Use one dedicated spatula to remove wax from the pot, and then spread the wax with a second spatula. The first spatula should never come in contact with either the client's skin or the second spatula; or (iv) Separate a quantity of wax from the main wax pot to use on a single client; this quantity should be placed in a small single-use container. Double-dipping is allowed as long as the remaining wax is not reused between clients. Once the waxing procedure is complete, any remaining wax, as well as the single-use container, must be discarded. (c) All used wax that has been in contact with a client's skin shall not be reused under any circumstances and shall be disposed of immediately after each use. (d) All wax pots shall be cleaned and disinfected according to manufacturer's recommendations. No applicators shall be left standing in wax at any time. (4) 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 according to manufacturer's instructions or material safety data sheets (MSDSs), ((which)) to 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)) Salon shops and schools shall have in the immediate working area access to all material safety data sheets (MSDSs) provided by manufacturers for any chemical products used. (((i))) (c) Flammable chemicals must be stored away from potential sources of ignition. (((ii))) (d) Chemicals which could interact in a hazardous manner such as oxidizers, catalysts, and solvents, must be stored per manufacturer's instruction. (((iii))) (e) Licensees using chemicals or chemical compounds in providing services to clients must store the chemicals so as to prevent fire, explosion, or bodily harm. All chemicals must be stored in accordance with the manufacturer's directions. (((6))) (5) 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)) waste 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. (b) All chemical, flammable, toxic or otherwise harmful waste material must be disposed of in the manner required by local hazardous waste management regulations. (c) All waste containers must be emptied when full and at the end of each day and be kept clean by sanitizing or using plastic liners. Outer surfaces of waste disposal containers must be kept clean. (((e))) (d) 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))) (e) Licensees must have ((both sealable plastic bags and)) sealable rigid containers available for use at all times services are being performed. (((7))) (6) 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. Tools and implements not approved for disinfection and reuse under manufacturers' specifications must be given to the client or discarded after service on each client. These tools and implements include, but are not limited to: Nail files, cosmetic make-up sponges, buffer blocks, sanding bands, toe separators or sleeves, orangewood sticks, and disposable nail bits. Presence of used articles in the work area will be considered prima facie evidence of reuse. (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 hospital grade 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)) stored in a closed nonairtight container or UV sanitizer ((or closed nonairtight container)). UV sanitizers shall be used only for clean storage of already sanitized and disinfected tools and implements. (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))) 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. Presence of these articles in the work area will be considered prima facie evidence of reuse. (f) Disposable protective gloves must be disposed of after service on each client. (7) 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 hospital grade disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, ((and use)) used according to manufacturer's instructions or in a steam sterilizer or dry heat sanitizer under subsection (6)(b)(ii) and (iii) of this section. (b) Tools and implements without sharp edges or points, including but not limited to combs, brushes, rollers, rods, etc., must be totally immersed in an EPA registered hospital grade disinfectant 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 tools and instruments must not be used in the establishment except when prescribed by a physician. (((9))) (8) 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 an EPA hospital grade disinfectant specifically made for electrical tools and implements. (((10))) (9) Storage of tools and implements. (a) New and/or sanitized and disinfected tools and implements must be stored separately from all other((s)) items. (b) Used tools and implements must be stored in a labeled drawer or container at the work station. (c) Roller storage receptacles and contents must be sanitized and disinfected and free of foreign material. (((c))) (d) 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))) (10) Cleaning and disinfecting ((footspas)) foot spas. (a) As used in this section, "((footspa)) foot spa" 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 hospital grade 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 hospital grade 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.)) each client: (i) Drain the water from the foot spa basin and remove any visible debris; (ii) Clean the surfaces of the foot spa with soap or detergent, rinse with clean water and drain; (iii) Disinfect the surface with an EPA registered hospital grade disinfectant according to the manufacturer's directions on the label. Surfaces must remain wet with disinfectant for ten minutes or the time stated on the label. (c) Nightly: (i) For whirlpool foot spas, air-jet basins, "pipeless" foot spas and other circulating spas: (A) Drain the water from the foot spa basin or bowl and remove any visible debris. (B) Clean the surfaces of the foot spa with soap or detergent, rinse with clean water and drain. (C) Disinfect - Fill the basin with clean water, adding the appropriate amount of EPA registered hospital grade disinfectant. Turn the unit on to circulate the disinfectant for the entire contact time according to the manufacturer's directions on the label. (D) Drain and rinse the basin with clean water and allow to air dry. (ii) For foot spas with filter screens, inlet jets and other removable parts that require special attention during the disinfecting process. (A) Drain the water from the foot spa basin and remove any visible debris. (B) Remove the filter screen, inlet jets and all other removable parts from the basin and clean out any debris trapped behind or in them. (C) Scrub the removable parts using a brush and soap or detergent. (D) Rinse the removed parts with clean water and replace them in the basin. (E) Clean the surfaces of the foot spa with soap or detergent, rinse with clean water and drain. (F) Disinfect - Fill the basin with clean water, adding the appropriate amount of EPA registered hospital grade disinfectant. Turn the unit on to circulate the disinfectant for the entire contact time according to the manufacturer's directions on the label. (G) Drain and rinse the basin with clean water and allow to air dry. (d) Weekly: Once per week after the nightly cleaning and disinfecting as provided in (c) of this subsection, each foot spa must be cleaned and disinfected in the following order: (i) Fill the spa basin completely with water and one teaspoon of 5.25% bleach for each gallon of water, or a solution of sodium hypochlorite of approximately 50 ppm used according to manufacturer's instructions. (ii) Flush the spa system with the bleach and water solution or sodium hypochlorite solution for five to ten minutes and allow to sit for six to ten hours. (iii) Drain the spa system and flush with water before service on 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)) weekly 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))) (f) For simple basins and reusable liners (no circulation): (i) Drain the basin and remove any visible debris. (ii) Scrub the basin with a clean brush and soap or detergent following manufacturer's instructions. (iii) Rinse the basin with clean water and drain. (iv) Disinfect basin surfaces with an EPA registered hospital grade disinfectant following manufacturer's instructions. Surfaces must remain wet with disinfectant for ten minutes or the contact time stated on the label. (v) Drain and rinse the basin with clean water and allow to air dry. (11) Headrests, shampoo bowls, and treatment tables. (a) The headrest of chairs must be sanitized((,)) and 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))) (12) Walls, floors, and ceilings. Walls, floors, and ceilings must be sanitized and disinfected as necessary and kept 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))) (13) 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 product that is labeled 10% bleach solution or the equivalent)) by washing with hot water, laundry detergent and chlorine bleach used according to manufacturer's instructions for disinfection purposes. (((16))) (14) 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. Use of 100% liquid methyl methacrylate monomer and methylene chloride products are prohibited. No product must be used in a manner that is disapproved by the U.S. Food and Drug Administration. (((17))) (15) 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))) (16) 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) Stop service; (b) Put on gloves; (((b))) (c) Clean the wound with an antiseptic solution; (((c))) (d) Cover the wound with a sterile bandage; (((d))) (e) 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((.)); (f) Discard all contaminated objects. Contaminated objects shall be placed in a sealed plastic bag labeled "biohazard" and that bag must be placed inside another plastic bag and discarded; (g) 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))) (h) Remove gloves; and (i) Wash hands with soap and water before returning to the service. (17) 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 U.S. Food and Drug Administration as a "prescriptive device" must be used within the scope of RCW 18.16.020(12) 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)); and - Biohazard labels. (((21))) (18) 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.
AMENDATORY SECTION (Amending WSR 10-06-092, filed 3/2/10, effective 4/2/10)
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, master esthetician, instructor, or the equivalent in that jurisdiction; (4) Provides proof that he or she has passed an examination approved by the director.
AMENDATORY SECTION (Amending WSR 10-06-092, filed 3/2/10, effective 4/2/10)
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 written and performance examinations for cosmetologist, barber, manicurist ((and)), esthetician, and master esthetician shall reasonably measure the applicant's knowledge of safe and sanitary practice. (3) The written and performance examinations for instructors shall be constructed to measure the applicant's knowledge of lesson planning and teaching techniques. (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. (5) The minimum passing score for both the written and performance examinations in all practices is a scaled score of 75. (6) Examination results expire three years from the date of the examination. Examination results that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure.
AMENDATORY SECTION (Amending WSR 09-24-062, filed 11/25/09, effective 1/1/10)
WAC 308-20-210 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:
AMENDATORY SECTION (Amending WSR 07-14-066, filed 6/29/07, effective 8/1/07)
WAC 308-20-550 Posting of required licenses, registrations, permits, notice to consumers, and current inspection form.
(1) Licenses, the consumer notice required by chapter 18.16 RCW, the apprentice salon/shop notice as defined in WAC 308-20-555, and the most current inspection form 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) Original instructor licenses with an attached current photograph shall be posted in clear view of the public. (4) Original school, instructor, salon/shop, and mobile unit licenses shall be ((displayed)) posted in the reception area. (((4))) (5) Personal services shall display their licenses and consumer notice in direct view of their client. (((5))) (6) A pocket identification card may not be used in lieu of an original license. (((6))) (7) 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))) (8) Licenses issued by another state, territory, or foreign country shall not be displayed in any salon/shop. (((8))) (9) 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.
AMENDATORY SECTION (Amending WSR 10-06-092, filed 3/2/10, effective 4/2/10)
WAC 308-20-572 Inspection of schools.
(1) Prior to approval of application or renewal for licensure, any person wishing to operate a school shall, meet the requirements in RCW 18.16.140; submit to 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) Days and hours of operation of the school. (f) A signed fire inspection report from the local fire authority indicating all standards and requirements have been met. (((f))) (g) Listing of all instructors including license number and expiration date. (((g))) (h) Sample of all monthly student reports. (((h))) (i) 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))) (j) Floor plan drawn to scale showing placement of all equipment; areas designated for the clinic, dispensary, classroom, office and restrooms; and identify student capacity. The floor plan shall include the square footage of the school. (2) All locations shall pass a ((preinspection)) prelicensing inspection by a department representative by meeting the following requirements: (a) ((An)) A permanent entrance sign designating the name of the school. (b) A time clock and time cards or other equipment necessary for verification of daily student 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)) required for each student in attendance. (e) Lavatories with hot and cold running water, single-use hand soap and disposable or single-use hand drying towels or an automatic hand dryer. (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 preapproved by the department. (i) The supplemental training space must be located within two miles of the original facility of the licensed school. ((These facilities must)) (ii) A duplicate copy of the school license shall be posted at the supplemental training space. (iii) A duplicate copy of each instructor's license with a current photograph shall be posted at the supplemental training space. (iv) The supplemental training space shall bear the same name as the original licensed school ((and it)). (v) Supplemental training space is only approved for theory and/or practice rooms. No clinic services shall be provided in ((additional facilities)) supplemental training space. (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.
AMENDATORY SECTION (Amending WSR 10-06-092, filed 3/2/10, effective 4/2/10)
WAC 308-20-575 School license renewal process.
(1) Each school license shall be renewed on a yearly basis. In addition to the site inspection, the renewal request shall be accompanied by: (((1))) (a) 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)) (b) Current copies of curriculum, catalogs, and brochures((.)); (((3))) (c) Current list of instructor((s on forms provided by the department.)) names and license numbers; (d) Updated school information on forms provided by the department including the days and hours of operation of the school; and (((4))) (e) Verification of current student/instructor ratio. (((5))) (2) 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))) (3) Failure to receive a notice of license renewal from the department does not constitute cause for failure to renew.
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