GENERAL GOVERNMENT

Kentucky Board of Hairdressers and Cosmetologists

(Amendment)

 

      201 KAR 12:100. Sanitation standards.

 

      RELATES TO: KRS[317A.060,] 317A.130, 317B.020(3)

      STATUTORY AUTHORITY: KRS 317A.060[317A.130], 317B.020(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.060 and 317B.020(3) authorize the Kentucky State Board of Hairdressers and Cosmetologists to regulate the practice of cosmetology, nail technology, and esthetics in Kentucky and establish[uniform] standards for the course and conduct of school owners, instructors, apprentice instructors, licensed cosmetologists, nail technicians, beauty salons, nail salons, cosmetology schools, and estheticians to protect the health and safety of the public[sanitation]. This administrative regulation establishes sanitation standards for all licensed facilities.

 

      Section 1. General Sanitation. The entire licensed facility, including all equipment, employees, and implements contained in the facility, shall be continually maintained in a sanitary manner.

 

      Section 2. Methods of Sanitizing. (1) All[Any] implements[to be] used on the public shall be sanitized. Each method of sanitation shall be bacteriologically effective.

      (2) A commercially prepared sanitizing agent or disinfectant shall be used in accordance with the manufacturer’s instructions. An approved sanitizing agent or disinfectant is:

      (a) Environmental Protection Agency registered bactericidal, virucidal and fungicidal disinfectant that is approved for use in hospital settings and used in accordance with the instruction label for dilution ratio and contact time.

      (b) Environmental Protection Agency registered Sodium Hypochlorite 5.25 percent or higher (household bleach) product used in accordance with the instructions for disinfection and dilution on the label. Bleach must be active (not expired) with a manufacture date of less than six (6) months prior to use.

 

      Section 3. Chemical Safety. All chemicals used in a licensed facility shall be:

      (1) Transported and stored in accordance with the manufacturer’s label;

      (2) Stored in original containers in locked cabinets. They may not be stored in public spaces or bathrooms;

      (3) May only be mixed and applied to individuals as specifically instructed by the manufacturer’s label, including patch tests; and

      (4) Must be discarded according to the manufacturer’s label and, where applicable, local, state and federal rules.

 

      Section 4[3]. Disinfection of Implements and Spills; Blood and Body Fluids. (1) Each implement and surface used in a licensed facility shall first be thoroughly cleaned prior to disinfection.

      (a) Disinfectants shall be prepared fresh daily and each time the solution becomes diluted or soiled.

      (b) Contact Time. To clean a surface, it shall be left wet or completely immersed for ten (10) minutes or longer as required by the manufacturer for disinfecting against HIV, HBV, and all other viruses, bacteria, and fungi.

      (c) Any nonporous surface that comes in contact with blood or body fluids shall first be cleaned with warm soapy, detergent water, and then an appropriate disinfectant shall be used.

      (2) All used implements shall first be cleaned of visible dirt, debris, or bodily fluids with warm soapy, detergent water and then disinfected by completely immersing in an appropriate disinfectant.

      (a) All[nonporous] implements that come into contact with intact skin, blood, or bodily fluids shall be thoroughly cleaned before immersion in an appropriate disinfectant.[An appropriate disinfectant for objects that come into contact with intact skin shall be:

      1. An Environmental Protection Agency registered, hospital grade bactericidal (especially pseudomonacidal), virucidal, and fungicidal that is mixed and used according to the manufacturer’s directions; or

      2. Household bleach in a ten (10) percent solution for ten (10) minutes.]

      (b)[All nonporous implements which have come in contact with blood or body fluids shall be thoroughly cleaned before immersion in an appropriate disinfectant. An appropriate disinfectant shall include:

      1. Environmental Protection Agency registered tuberculocides or products registered against HIV/HBV; or

      2. Household bleach in a ten (10) percent solution for ten (10) minutes.

      (c)] For personal protection against blood-borne pathogens, cleanup shall be done wearing protective gloves and gowns. Eye protection shall be used for large spills.

      [(d) All implements that have come in contact with blood or body fluids shall be disinfected by complete immersion in an appropriate disinfectant.

      (3) Any nonporous surface that comes in contact with blood or body fluids shall first be cleaned with warm soapy, detergent water, and then an appropriate disinfectant shall be used.

      (a) An appropriate disinfectant for surfaces that have come in contact with blood or body fluids shall include:

      1. Environmental Protection Agency registered tuberculocides or products registered against HIV/HBV; or

      2. Household bleach in a ten (10) percent solution for ten (10) minutes.

      (b) For personal protection against blood-borne pathogens, cleanup shall be done wearing protective gloves and gowns. Eye protection shall be used for large spills.

      (4) Household bleach may be used as an effective disinfectant for all purposes in a salon or school, with the considerations listed in this subsection.

      (a) Bleach solutions shall be mixed daily and used in a ten (10) to one (1) solution, nine (9) parts tap water and one (1) part bleach.

      (b) Bleach shall be kept in a closed covered container and not exposed to sunlight.

      (c) Bleach may produce eye irritation or mouth, esophageal, and gastric burns.

      (d) Bleach is corrosive to metals.

      (e) Bleach vapors might react with vapors from other chemicals, and therefore shall not be placed or stored near other chemicals used in salons (i.e. acrylic monomers, alcohol, other disinfecting products), or near a flame.

      (f) Used or soiled bleach solution shall be discarded every day by pouring the solution down a sink basin or toilet bowl.]

      (3)[(5)] A[bottle] container other than the original manufacturer`s container used for application of appropriate disinfectant shall be properly labeled as to contents, percentage solution, and date mixed.

      (4)[(6)] Cleanup items from minor cuts or items containing blood or other bodily fluids shall be double bagged or placed in biohazard containers. A licensee shall consult with the local health department for directions about disposal of biohazard containers.

      (5) Styptics to arrest bleeding shall be used only in liquid or powder form and shall be applied by clean gauze, cotton, or any other sanitary item.

      (6) All Food and Drug Administration designated "medical devices" shall only be disinfected by appropriate Environmental Protection Agency approved disinfectants in accordance with the manufacturer’s instructions.

      (7)[(8 Environmental Protection Agency approved disinfectants are indicated by their registration number on the product label and the manufacturer’s directions for use shall always be followed.] All esthetics facilities will employ a Sharps disposal container as needed for disposal of hazardous materials.

 

      Section 5[4]. Disinfection Procedures. (1) Shampoo Bowls. All shampoo bowls[, shampoo boards, cups,] or similar items shall be sanitized after each use.

      (2) Towel Warmers must be disinfected daily using sanitizing wipes or a spray and left open to allow the warmer to dry completely.

      (3) Towels used in a towel warmer both wet and dry must be washed daily and replaced.

      (4) Electrical equipment that provides circulating, whirlpool, or vacuum effects including a microdermabrasion or facial machine and a pedicure station must be:

      (a) Cleaned and disinfected after each use by removing all movable parts by:

      1. Filling, circulating, cleaning, and disinfecting with the use of hospital grade disinfectant or the ten (10) percent bleach solution that is circulated through the machine for the minimum time recommended by the manufacturer; and

      2. Rinsing and air drying or wiping dry with a clean cloth or paper towel.

      (5) A nail drill or body treatment equipment shall be:

      (a) Cleaned and disinfected after each use by removing all movable parts; and

      (b) Flushed, cleaned, and disinfected bi-weekly with the use of hospital grade disinfectant or the ten (10) percent bleach solution circulated through the machine for the minimum time recommended by the manufacturer.

      (6) Heated electrical equipment, such as a thermal iron shall be sanitized by the heat source. Unheated parts of heated electrical equipment shall be cleaned and disinfected according to the manufacturer’s recommendations.

      (7) All other electrical equipment, including clippers and attachments, shall be cleaned and disinfected after each use by:

      (a) Removing hair and all foreign matter from the equipment; and

      (b) Completely saturating the clipper blade and attachment with an EPA-registered high-level disinfectant solution, spray, or foam used according to the manufacturer’s instructions.

      (8) All nonporous items to be used on multiple clients must be cleaned and disinfected after use.

      (9) Drill bits must be soaked in acetone to remove product, scrubbed, and soaked in disinfectant for full contact time.

      (10) All nonelectrical items required to be cleaned and disinfected after each use including, but not limited to, combs, brushes, shears, hair clips, hair rollers, pushers, nippers, plastic/metal spatulas shall be cleaned and disinfected. All multi-use items must be stored in clean, covered container marked "disinfected" or "ready to use".

      (11) Wax pots must be completely cleaned and disinfected when the wax is contaminated or debris is visible through the following steps:

      (a) Wax must be emptied and disposed of properly;

      (b) Pot must be washed with detergent and rinsed;

      (c) All pot surfaces must be wiped or sprayed with EPA registered disinfectant following manufacturer’s guidelines for contact time;

      (d) Pots shall be air dried or wiped dry with a clean paper towel;

      (e) New wax must always be used and pot must remain covered at all times; and

      (f) Paraffin wax must be portioned out to prevent contamination between clients and disposed of immediately.

      (12) Any item that cannot be cleaned and disinfected is considered single use and must be disposed of after each use. This includes, but is not limited to, nail files/emery boards made of any material except metal or glass, all cotton, buffing blocks, pumice stones, wooden cuticle pushers, slipper shoes, toe separators, wooden spatulas, neck strips, and paper coverings.

 

      Section 6[5]. Proper Protection of Neck. (1) A shampoo apron, hair cloth, or similar article shall not be placed directly against the neck of the patron, and shall be kept from direct contact with the patron by means of a paper neck band or clean towel.

      (2) A neck band of paper[or cloth] shall not be used more than once.

      (3) A towel or cloth shall not be used more than once without proper laundering.

 

      Section 7[6]. Use of Creams. (1) A cream or other semi-solid substance shall be removed from its container with a clean, sanitized spatula.

      (2) A spatula made of a washable nonabsorbent material shall be sanitized before re-use[being used again].

 

      Section 8.[Use of Styptics. Styptics to arrest bleeding shall be used only in liquid or powder form and shall be applied by clean gauze, cotton, or any other sanitary item.] Special Solution Containers. Single use product containers shall be used to prevent the contamination of unused solution. All leftover product shall be disposed of, not reused.

 

      Section 9. Use of Powder. Powder shall be dispensed from a shaker or similar receptacle and shall be applied with a disposable puff, or cotton pledget, or other disposable applicator.

 

      Section 10. Walls and Floors. Walls, floors, and fixtures shall be kept sanitary and[kept] clean at all times.

 

      Section 11. Trash Containers and Debris. (1) All trash containers must have solid sides, a lid or cover, and a liner must always be used. Lids must close completely.

      (2) All hair and debris must be swept up immediately following each client and placed in the closed trash container.

 

      Section 12[11]. Proper Laundering Methods. (1) All cloth towels, robes, and similar items shall be laundered in a washing machine with laundry detergent and chlorine bleach used according to the manufacturer’s directions for sanitation purposes.

      (2) Laundry may be done through a commercial laundry service.

      (3)[(2)] A closed, dustproof cabinet shall be provided for clean towels and linen, and a closed, side vented[dustproof] hamper or receptacle shall be provided for all soiled towels and linens.

 

      Section 13[12]. Personal Hygiene. (1) Every person licensed or permitted by the board shall thoroughly cleanse his or her hands with soap and water or an alcohol-based hand sanitizer of at least seventy (70) percent alcohol[handrub] immediately before serving each patron.

      (2) Hand sanitizer shall be made available for use by patrons at each nail station in the licensed facility[Each licensee shall wear a clean washable outer garment while serving a patron in a salon].

      (3) A cosmetology[An] instrument or implement shall not be carried or stored in a pocket, belt, apron, or smock.

 

      Section 14. Prohibited Items. The following sanitation methods and cosmetology practices are prohibited:

      (1) Methyl Methacrylate acid (MMA);

      (2) Isobornyl Methacrylate (IBMA);

      (3) Blades for cutting the skin;

      (4) UV Sterilizers;

      (5) Roll on wax;

      (6) Waxing of nasal hair;

      (7) Any product banned by the FDA; and

      (8) Live fish, leeches, snails and other living creatures for use in any cosmetic service.

 

R. KAY SWANNER, Board Chair

      APPROVED BY AGENCY: November 15, 2017

      FILED WITH LRC: November 15, 2017 at noon

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 21, 2017, at 9:30 a.m., at Kentucky Board of Hairdressers and Cosmetologists. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. on December 31, 2017. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Julie M. Campbell, Board Administrator, 111 St. James Ct. Ste A. Frankfort, Kentucky 40601, phone (502) 564-4262, fax (502) 564-0481, email julie.campbell@ky.gov

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Julie M. Campbell

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes requirements for all sanitation standards in salons and cosmetology schools to protect the health and welfare of the public throughout the Commonwealth.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to impose sanitation standards in all salon and school facilities throughout the Commonwealth to protect patrons from disease and contamination.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation is being amended to update and address areas of concern surrounding new bacteria and pathogens that can transmit and cause disease through transference in a salon or school setting.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The administrative regulation outlines and defines standards as required by KRS 317A.130 to protect the health and safety of the public in the Commonwealth by the Kentucky Board of Hairdressers and Cosmetologists.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: Current regulations addressing sanitation are split into two separate areas and lack detail to address current industry standards. This amendment will attend to the deficiencies in the previous regulations.

      (b) The necessity of the amendment to this administrative regulation: This amendment is needed to consolidate all sanitation standards into one administrative regulation and attend to the deficiencies in the previous regulations.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment provides updated guidelines for sanitation based on the statutory requirements in KRS 317A.130.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment will provide a consistent sanitation standard to allow public protection and less variability in inspections.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are 62 licensed cosmetology schools, approximately 10,000 students, and approximately 25,000 additional licensees, and nearly 6,000 salons affected by this amendment.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: This amendment consolidates and updates the current processes, definitions, and intent of existing administrative regulations governing sanitation.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There is no anticipated cost to licensees because of this amendment.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): There will be a higher rate of compliance with the law with the clarity provided in this amendment. All sanitation standards are now in one administrative regulation.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No additional funds are necessary initially to implement this amendment.

      (b) On a continuing basis: No additional funds are necessary on an ongoing basis to implement this amendment.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Current funding will not change.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No changes or increases in fees will be needed.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No fees are created or increased directly or indirectly by this amendment.

      (9) TIERING: Is tiering applied? Tiering is not applied as the requirements of this amendment apply equally to all licensees.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? Kentucky Board of Hairdressers and Cosmetologists.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 317A.050, KRS 317A.060, and KRS 317B.020.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. None.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No additional funds will be raised.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No additional funds will be raised.

      (c) How much will it cost to administer this program for the first year? No additional cost.

      (d) How much will it cost to administer this program for subsequent years? No additional cost.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): Not applicable.

      Expenditures (+/-): Not applicable.

      Other Explanation: Not applicable.