WSR 17-13-088
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed June 19, 2017, 3:06 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-10-015.
Title of Rule and Other Identifying Information: Chapter 308-20 WAC, Cosmetology, barber, manicurist, esthetician rules.
Hearing Location(s): Capital Events Center, ESD 113, 6005 Tyee Drive S.W., Tumwater, WA 98512, on July 27, 2017, at 10:00 a.m.
Date of Intended Adoption: July 28, 2017.
Submit Written Comments to: Cameron Dalmas, Department of Licensing (DOL), Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, email plssunit@dol.wa.gov, fax (360) 664-2550, by July 26, 2017.
Assistance for Persons with Disabilities: Contact Cameron Dalmas by July 26, 2017, TTY 711 or (360) 664-6643.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed language amends rules for schools to clarify requirements for initial school licensure, facilities, school closure, school catalogs, enrollment contracts, and cancellation and refund policies. The proposed language also updates language by adding the words hair design and master esthetician throughout the chapter to be consistent with chapter 18.16 RCW.
Reasons Supporting Proposal: Regulated licensees, including the cosmetology, hair design, barbering, esthetics and manicuring advisory board have requested rule amendments for schools and apprentice salons and to update existing language to make it consistent with RCW.
Statutory Authority for Adoption: RCW 18.16.030, 43.24.023.
Statute Being Implemented: Chapter 18.16 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DOL, cosmetology program, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Susan Colard, Administrator, 6135 Martin Way East, #A, Lacey, WA 98616, (360) 664-6647.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are exempt under RCW 19.85.025(3) and 34.05.310 (4)(d), this rule clarifies language without changing its effect.
A cost-benefit analysis is not required under RCW 34.05.328. DOL is exempt from this requirement under RCW 34.05.328 (5)(a).
June 19, 2017
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-02-033, filed 12/29/15, effective 1/29/16)
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, hair design, esthetics, master 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)) council, 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, hair designer, barber, manicurist, esthetician, or master 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.
(9) "Online training" means an approved electronic learning environment through a licensed school in which a student is enrolled. This training is limited to theory only. Online training may be used for up to twenty-five percent of the approved course of study.
(10) "Accreditation" is a status granted to a postsecondary school by one or more of the accrediting organizations recognized and approved by the U.S. Secretary of Education. Accreditation is voluntary and does not imply automatic transfer of credits from one postsecondary school to another.
(11) "Admission requirements" means the specific minimum criteria a school must use when accepting a student into the school.
AMENDATORY SECTION (Amending WSR 16-02-033, filed 12/29/15, effective 1/29/16)
WAC 308-20-080 Minimum instruction guidelines for cosmetology, hair design, barbering, manicuring, esthetics and master 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 including business practices and basic human anatomy and physiology;
(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;
(j) Permanent waving including sectioning, wrapping, preperm test curl, solution application, processing test curl, neutralizing and removal of chemicals;
(k) Chemical relaxing including sectioning, strand test, 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) Cleaning 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; and
(q) Not all training may be on mannequins.
(2) For hair design:
(a) Theory of the practice of hair design including business practices and basic human anatomy and physiology;
(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 including wet, dry and thermal styling, braiding and styling aids;
(f) Cutting and trimming of facial hair including beard and mustache design and eyebrow, ear and nose hair trimming;
(g) Artificial hair;
(h) Permanent waving including sectioning, wrapping, preperm test curl, solution application, processing test curl, neutralizing and removal of chemicals;
(i) Chemical relaxing including sectioning, strand test, relaxer application, and removal of chemicals;
(j) Hair coloring and bleaching including predisposition test and strand test, and measurement, mixing, application and removal of chemicals;
(k) Cleaning and disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens;
(l) Diseases and disorders of the scalp and hair;
(m) Safety including proper use and storage of chemicals, implements and electrical appliances;
(n) First aid as it relates to hair design; and
(o) Not all training may be on mannequins.
(3) For barbering:
(a) Theory of the practice of barbering services and business practices and basic human anatomy and physiology;
(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) Cleaning 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) Not all training may be on mannequins.
(4) For manicuring:
(a) Theory in the practice of manicuring and pedicuring services, business practices and basic human anatomy and physiology;
(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 and disinfecting of individual work station, individual equipment and tools and proper use and storage of linens;
(e) Diseases and disorders of the nails of the hands and feet;
(f) Safety including proper use and storage of chemicals, implements and electrical appliances;
(g) First aid as it relates to manicuring and pedicuring; and
(h) Not all training may be on mannequins.
(5) For esthetics:
Theory in the practice of esthetics services, business practices and basic human anatomy and physiology (750 hours):
(a) Care of the skin compresses, massage, facials, wraps, masks, exfoliation, use of electrical or mechanical appliances or chemical compounds;
(b) Temporary removal of superfluous hair of the skin by means including tweezing, waxing, tape, chemicals, lotions, creams, sugaring, threading, mechanical or electrical apparatus and appliances;
(c) Cleaning and disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens;
(d) Diseases and disorders of the skin;
(e) Safety including proper use and storage of chemicals, implements and electrical appliances;
(f) First aid as it relates to esthetics; and
(g) Not all training may be on mannequins.
(6) Master esthetics (450 additional hours):
Theory in the practice of master esthetics, business practices, and basic human anatomy and physiology including all of subsection (4) of this section and the following:
(a) Laser, light frequency, radio frequency, ultrasound, and plasma practices;
(b) Medium depth chemical peels;
(c) Advanced client assessment, documentation, and indications/contraindications;
(d) Pretreatment and post-treatment procedures;
(e) Lymphatic drainage and advanced facial massage;
(f) Advanced diseases and disorders of the skin; and
(g) Advanced theories; alternative, touch, and spa body treatments.
(h) The use of medical devices during instruction of the master esthetics curriculum must comply with state law and rules, including any laws that require delegation or supervision by a licensed health professional acting within the scope of practice of that health professional. A detailed written explanation of how the course will be taught must be submitted and approved by the department.
(7) Online training curriculums must be approved by the department.
AMENDATORY SECTION (Amending WSR 13-24-042, filed 11/26/13, effective 1/1/14)
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)) an operator licensed in the curriculum in which the student is enrolled in the contracted licensed 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.
(4) Students will not receive any wages or commission for hours of credit earned in a salon/shop.
(5) Salon/shops shall provide weekly reports to the school and student with hours the student earned in each area of agreed 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 13-24-042, filed 11/26/13, effective 1/1/14)
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, hair design, barber, manicurist ((and)), esthetician and master 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 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 13-24-042, filed 11/26/13, effective 1/1/14)
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. The instructor-trainee may not act as a substitute for the licensed instructor.
(2) Instructor-trainees shall hold a current Washington state cosmetology, hair design, barber, manicurist, esthetician, or master esthetician license in good standing prior to 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 16-02-033, filed 12/29/15, effective 1/29/16)
WAC 308-20-110 Minimum safety and sanitation standards for schools, cosmetologists, hair designers, manicurists, estheticians, master 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, 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 clean 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) A licensee must not perform or continue services on a client with visible open sores, inflamed skin, rash, or parasitic infestations.
(f) No licensee who knowingly has open sores, or who is exhibiting symptoms of an infectious or contagious disease or a disorder of the skin or a parasitic infestation shall provide services in cosmetology, hair design, manicuring, barbering, esthetics, or master esthetics while the licensee has the above mentioned symptoms.
If a licensee or a client has exhibited the symptoms mentioned in (e) and (f) of this subsection, the area in which the affected individual received or provided services, and all equipment and implements that could have possibly been touched by that individual shall be cleaned and disinfected, including the work and waiting areas.
(g) All liquids, creams, and other cosmetic preparations including paraffin wax and depilatory wax must be kept in clean and closed containers.
(h) 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)) cleaned and disinfected applicator. Applicators shall not be redipped in product. Liquids must be dispensed with a squeeze bottle, pump, or spray. Any product that cannot be disinfected that comes in contact with the client shall be discarded after use on that particular client.
(j) Pencil cosmetics must be sharpened before each use. Clean 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 and/or sprayed with antiseptic or waterless hand cleanser approved for use on skin before a service.
(m) After service on each client, hair and nail clippings must immediately be placed in a closed covered waste container.
(2) 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 discarded after each use.
(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 directions.
(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 from a single client-use container.
(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 directions. 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 directions or safety data sheets (SDSs), to prevent injury to the client's person or clothing.
(b) Salon shops, personal service, mobile units and schools shall have in the immediate working area access to all safety data sheets (SDSs) provided by manufacturers for any chemical products used.
(c) Flammable chemicals must be stored away from potential sources of ignition.
(d) Chemicals which could interact in a hazardous manner such as oxidizers, catalysts, and solvents, must be stored per manufacturer's instruction.
(e) Licensees using chemicals or chemical compounds when 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.
(5) Refuse and waste material.
(a) All 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. Surfaces of waste disposal containers must be kept clean.
(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.
(e) Licensees must have sealable rigid containers available for use at all times services are being performed.
(6) Sanitation/disinfecting. Environmental Protection Agency (EPA) approved disinfectants are indicated by their registration number on the product label. The product's manufacturer's directions for use shall always be followed.
(a) All tools and implements must be cleaned 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 directions, each of the following is an approved method of disinfecting tools and implements after they are cleaned of debris:
(i) Complete immersion or spray with an EPA-registered disinfectant solution of the object(s) or portion(s) thereof to be disinfected; or
(ii) Steam sterilizer, registered and listed with the U.S. Food and Drug Administration; or
(iii) Dry heat sterilizer, registered and listed with the U.S. Food and Drug Administration, or Canadian certification.
(c) All cleaned and disinfected tools and implements must be stored in a closed nonairtight container or UV sterilizer. UV sterilizers shall be used only for clean storage of already cleaned 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 and changed daily.
(e) All articles, which come in direct contact with the client's skin that cannot be cleaned 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 cleaned and disinfected after service on each client in the following order:
(i) Remove all hair and/or foreign material;
(ii) Clean thoroughly with soap or detergent and water;
(iii) Rinse thoroughly with clear, clean water; and
(iv) Disinfect with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, used according to manufacturer's directions or in a steam sterilizer or dry heat sterilizer 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 disinfectant according to manufacturer's directions.
(c) Clips or other tools and instruments must not be placed in mouths, clothing, pockets or ((unsanitized)) unclean holders.
(d) A client's personal tools and instruments must not be used in the establishment except when prescribed by a physician.
(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 disinfectant specifically made for electrical tools and implements.
(9) Storage of tools and implements.
(a) New and/or cleaned and disinfected tools and implements must be stored separately from all other 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 cleaned and disinfected and free of foreign material.
(d) Storage cabinets, work stations and storage drawers for cleaned and disinfected tools and implements must be free of debris and used only for cleaned and disinfected tools and implements.
(10) Cleaning and disinfecting foot spas.
(a) As used in this section, "foot spa" or "spa" is defined as any basin using circulating water.
(b) After 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 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 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 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) A record must be made of the date and time of each cleaning and disinfecting as required by (c) and (d) of this subsection. 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.
(e) 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 directions.
(iii) Rinse the basin with clean water and drain.
(iv) Disinfect basin surfaces with an EPA registered disinfectant following manufacturer's directions. 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 cleaned and disinfected after service on each client.
(b) Shampoo trays and bowls must be cleaned and disinfected after each shampoo, kept in good repair and in a clean condition at all times.
(c) All treatment tables must be cleaned, disinfected and covered with clean linens or examination paper, which must be changed after each service on a client.
(12) Walls, floors, and ceilings. Walls, floors, and ceilings must be cleaned and disinfected as necessary and kept clean and free of excessive spots, mildew, condensation, or peeling paint.
(13) Towels, linens, capes and robes. No towels, linens, capes, or robes shall be used more than once without proper laundering as described in this section.
(14) All towels, linens, capes, robes, and similar items shall be laundered in a washing machine with laundry detergent and chlorine bleach used according to manufacturer's directions for disinfecting purposes. A closed dustproof cabinet with solid sides and a top shall be provided for cleaned towels, linens, capes and robes. A hamper with solid sides or a receptacle that is closed and ventilated shall be provided for all soiled cloth towels, linens, capes and robes and never left overnight.
(15) 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.
(16) Prohibited instruments or practices. Any razor-edged tool, which is designed to remove calluses.
(17) 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;
(c) Clean the wound with an antiseptic solution;
(d) Cover the wound with a sterile bandage;
(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 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 cleaned and disinfected or discarded;
(h) Remove gloves; and
(i) Wash hands with soap and water before returning to the service.
(18) 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.
(19) 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 and in proper working order at all times.
AMENDATORY SECTION (Amending WSR 13-24-042, filed 11/26/13, effective 1/1/14)
WAC 308-20-115 ReciprocityPersons 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, hair designer, 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 13-24-042, filed 11/26/13, effective 1/1/14)
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, hair design, barber, manicurist, 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 03-14-046, filed 6/24/03, effective 7/25/03)
WAC 308-20-520 Minimum salon/shop, mobile unit, and personal services licensing standards.
No person shall operate a cosmetology, hair design, barbering, esthetics, master esthetics, or manicuring salon/shop, mobile unit, or personal services business in this state unless the business has qualified for and has in their possession a location license issued by the department of licensing. If the ownership of the business changes, a new complete application must be submitted for approval and license issuance. Licenses are not transferable.
(1) An operator that leases space must obtain both a valid operator and salon/shop license for that specific location.
(2) A business that has one or more branch locations shall obtain a separate salon/shop license for each location.
(3) A licensed operator who provides cosmetology, hair design, barbering, esthetics, master esthetics, or manicuring services to place-bound clients in the client's home or in a long or short term health care facility is not required to obtain a location license.
(4) A long or short term health care facility that establishes a salon/shop and operates it on a for profit basis for clients other than place-bound clients shall obtain a location license.
AMENDATORY SECTION (Amending WSR 13-24-042, filed 11/26/13, effective 1/1/14)
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 posted in the reception area.
(5) Personal services shall display their licenses and consumer notice in direct view of their client.
(6) A pocket identification card may not be used in lieu of an original license.
(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, hair design, barbering, esthetics, master esthetics, or manicuring. Any license so displayed shall be surrendered to a department representative upon its request.
(8) Licenses issued by another state, territory, or foreign country shall not be displayed in any salon/shop.
(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.
NEW SECTION
WAC 308-20-571 Initial school licensure requirements.
The education and experience of administrators, faculty, and other staff must be adequate to ensure that students will receive educational services consistent with the stated program objectives. School directors/administrators must have at least two years of experience working in a school or in the business administration field. Prior to approval of application for licensure, any person wishing to operate a school shall meet the requirements in RCW 18.16.140 and provide the following to the department:
(1) An identification of owners, shareholders, and directors:
(a) Complete legal name, personal telephone number, and home mailing address of the owner, shareholders, and directors.
(b) The form of ownership; e.g., sole proprietorship, partnership, limited partnership, or corporation.
(c) Names, addresses, personal phone numbers, email addresses, and prior school affiliations if any, of all individuals with ten percent or more ownership interest.
(2) A school that is a corporation or a subsidiary of another corporation must submit:
(a) Current evidence that the corporation is registered with the Washington secretary of state's office;
(b) The name, address, and telephone number of the corporation's registered agent.
(3) Schools under common ownership may designate a single licensed location as the principal facility for recordkeeping via written notice to the department.
(4) If leasing a space, a copy of the rental agreement.
(5) A catalog, enrollment agreement and cancellation and refund policy in accordance with chapter 308-20 WAC.
(6) Sample of all monthly student reports.
(7) Listing of all instructors including license number and expiration date.
(8) A description of programs and course offerings in accordance with chapter 308-20 WAC.
(9) The school must furnish proof that they provide liability coverage for students.
(10) Days and hours of operation of the school.
(11) A signed fire inspection report from the local fire authority indicating all standards and requirements have been met.
(12) Schools must design and implement programs required under WAC 308-20-080 to include content, duration, appropriate entrance criteria, instructional materials, staff, equipment and facilities to prepare students for the program's occupational objectives.
(13) The school must submit an exact floor plan of the physical location which:
(a) Is 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 total square footage of the school.
(b) Is adequate to meet the needs of its students and the objectives of the program;
(c) Provides a learning environment with enough classroom, laboratory, and shop space for the number of students to be trained; and
(d) Is maintained in compliance with state laws and local ordinances related to safety and health.
(14) The school must have equipment, furniture, instructional devices and aids, machinery, and other physical features that are adequate to accommodate the enrolled students at all times.
(15) Schools shall only offer educational services that have been approved by the department: All new program or course approval and program revisions shall be submitted to the department in a format prescribed by the department for review and approval prior to the proposed date of implementation.
AMENDATORY SECTION (Amending WSR 13-24-042, filed 11/26/13, effective 1/1/14)
WAC 308-20-572 Inspection of schools.
(((1))) All locations shall pass an inspection by a department representative which shall meet the following requirements 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.
(g) Listing of all instructors including license number and expiration date.
(h) Sample of all monthly student reports.
(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.
(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 prelicensing inspection by a department representative by meeting the following requirements)):
(((a))) (1) A permanent entrance sign designating the name of the school.
(((b))) (2) A time clock and time cards or other equipment necessary for verification of daily student attendance and hours earned.
(((c))) (3) An adequate supply of hot and cold running water shall be available for school operation.
(((d))) (4) Textbooks/teaching materials - Textbooks shall be required for each student in attendance.
(((e))) (5) 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))) (6) A school and salon/shop shall not be operated in the same location. A school and salon/shop shall have separate exterior entrances and shall not share an interior passageway.
(7) Emergency evacuation plans posted for staff and students.
(((h))) (8) There must be a sufficient number of tables/desks and chairs to accommodate the registered students.
(((i))) (9) Department of licensing safety and sanitation guidelines posted in all dispensaries and classrooms.
(((j))) (10) Supplemental training space must be preapproved by the department.
(((i))) (a) The supplemental training space must be located within two miles of the original facility of the licensed school.
(((ii))) (b) A duplicate copy of the school license shall be posted at the supplemental training space.
(((iii))) (c) A duplicate copy of each instructor's license with a current photograph shall be posted at the supplemental training space.
(((iv))) (d) The supplemental training space shall bear the same name as the original licensed school.
(((v))) (e) Supplemental training space is only approved for theory and/or practice rooms. No clinic services shall be provided in supplemental training space.
(((k))) (11) 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.
NEW SECTION
WAC 308-20-573 School catalog, enrollment agreement/contract and cancellation and refund policy minimum requirements.
(1) Each school must publish a catalog that explains its operations and requirements. The catalog must be current, comprehensive, and accurate. The school must provide the following, in some combination of a catalog, brochure, or otherwise written material and disclose that information to each prospective student prior to completing an enrollment agreement. The catalog must include at least the following:
(a) Date of publication;
(b) Names, physical and mailing addresses, and telephone numbers of the school's administrative offices and all supplemental training spaces;
(c) Names and qualifications of faculty. The list must be accurate as of the date of catalog publication. Any changes in faculty must be noted on a catalog correction sheet;
(d) The school calendar, including hours of operation, holidays, courses, or programs as may be appropriate;
(e) Admissions procedures, including policies describing all prerequisites needed by entering students to successfully complete the programs of study in which they are enrolled;
(f) A description of the job placement assistance offered, if any. If no assistance is offered, the school must make that fact known;
(g) The school's policy regarding student conduct, including causes for dismissal and conditions for readmission;
(h) The school's grievance policy. The policy must be preceded by "Nothing in this policy prevents the student from contacting the Department of Licensing at any time with a concern or a complaint.";
(i) The school's policy regarding leave, absences, makeup work (if applicable), and tardiness;
(j) The school's policy regarding standards of progress required for the student;
(k) An accurate description of the school's facilities and equipment available for student use, and the student/teacher ratio;
(l) The total cost of training including registration fee if any, tuition, books, supplies, equipment, and all other charges and expenses necessary;
(m) A description of each program of instruction, including:
(i) Specific program objectives including the job titles for which the program purports to train;
(ii) The number of clock hours of instruction, the method of instruction (e.g., correspondence, classroom, lab, computer assisted), and the average length of time required for successful completion;
(iii) For schools offering online theory training, instructional sequences must be described in numbers of lessons.
(n) The scope and sequence of courses or programs required to achieve the educational objective;
(o) A statement indicating the type of educational credential that is awarded upon successful completion;
(p) The school's cancellation and refund policy;
(q) The following statement must appear prominently on either the first or last printed page or inside the front or back cover: "This school is licensed under chapter 18.16 RCW. Inquiries, concerns, or complaints regarding this school can be made to the Department of Licensing, (insert mailing address, email or by telephone).";
(r) The availability of financing, if any; and
(s) Supplements or correction sheets for the catalog and other written materials related to enrollment must be filed with the department prior to being used;
(i) The supplement or correction sheet must include its publication date;
(ii) In the event information on a supplement or correction sheet replaces information contained in the catalog, the insert must identify the information it replaces.
(2) An enrollment agreement/contract is any agreement that creates a binding obligation to purchase a course of instruction from a school. Each school must use an enrollment contract or agreement that includes:
(a) The school's cancellation and refund policy, in accordance with chapter 308-20 WAC.
(b) The following statement: This school is licensed under chapter 18.16 RCW. Inquiries, concerns, or complaints regarding this school can be made to the department of licensing, (insert mailing address, email or by telephone).
(c) Information that will clearly and completely define the terms of the agreement between the student and the school. The enrollment agreement must include at least the following:
(i) The name and address of the school and the student;
(ii) The program or course title as it appears in the school's catalog, date training is to begin, and the number of hours or units of instruction or lessons for which the student is enrolled;
(iii) Language explaining that the agreement will be binding only when it has been signed and dated by the student and an authorized representative of the school prior to the time instruction begins; and
(iv) A statement that any changes in the agreement will not be binding on either party unless such changes have been acknowledged in writing by an authorized representative of the school and by the student or the student's parent or guardian if he/she is a minor.
(d) The school must provide all students with a copy of the signed enrollment agreement, and any other documents related to their enrollment.
(3) The official date of termination or withdrawal of a student shall be determined in the following manner:
(a) The date on which the school recorded the student's last day of attendance;
(b) The date on which the student is terminated for a violation of a published school policy which provides for termination.
(4) Tuition/registration fees may be collected in advance of a student signing an enrollment agreement; however, all moneys paid by the student shall be refunded if the student does not sign an enrollment agreement and does not commence participation in the program.
(a) The school must refund all money paid if the applicant is not accepted. This includes instances where a starting class is canceled by the school;
(b) For discontinued programs: If instruction in any program is discontinued after training has begun or if the school moves from one location to another, it must either:
(i) Provide students pro rata refunds of all tuition and fees paid; or
(ii) If the school plans to discontinue a program, it must notify the department and affected students in advance in writing at a minimum of thirty days notice.
NEW SECTION
WAC 308-20-574 School closure process.
(1) Ceases to provide educational services means that a stoppage of training has occurred because:
(a) Facilities are rendered continuously unusable for a period of thirty calendar days or more; or
(b) Faculty or qualified substitutes assigned to a specific class are not available or otherwise fail to perform instructional duties for five or more successive days of scheduled instruction; or
(c) Bankruptcy proceedings or other financial conditions exist that result in the school interrupting scheduled instruction for five or more successive days; or
(d) Adverse action has been taken by a federal, state, or local jurisdiction which results in the school interrupting scheduled instruction for five or more successive days.
(2) The school must take measures to protect the contractual rights of present and former students if it ceases to provide educational services.
(3) If the school ceases to provide educational services, either voluntarily or involuntarily, it must:
(a) Inform the department promptly by the most expeditious means available and send confirmation by certified mail within three business days;
(b) Provide the name, address, and telephone number of the person(s) designated to be responsible for fulfilling the requirements of this section;
(c) Provide the department with the following information for each student who has not completed a course or program:
(i) Name;
(ii) Social Security number;
(iii) Address and telephone number of record;
(iv) Program name and amount of tuition and fees charged;
(v) Amount of tuition and fees paid to date;
(vi) Amount of class time left to complete the course or program; and
(vii) If the tuition and fees were paid through federal student aid, the amount and type of aid.
(d) A written notice must be distributed to all enrolled students at least three business days prior to a planned interruption or closure. The notice must explain the procedures students are to follow to secure refunds or continue their education. A copy of the notice must also be submitted to the department within three business days;
(e) File with the department procedures for disbursement of refunds to students and set a date no longer than thirty calendar days from the last day of instruction to issue refund checks in the full amount for which students are entitled.
(4) File with the department its plans if any, for teach-out; ensuring that all affected students will continue to receive training at another institution of the similar quality and content as that for which they contracted:
(5) Refunds must be paid to the individual based on a day-by-day proportion of the services provided compared to the total length of the program.
(6) Make specific arrangements to transfer transcripts and other student records described under chapter 308-20 WAC to the department's custody.
(7) Remove or shutdown the school's web site and cease advertising.
(8) File with the department any information needed to complete the closure of the school.
AMENDATORY SECTION (Amending WSR 13-24-042, filed 11/26/13, effective 1/1/14)
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, along with the fee, shall be accompanied by:
(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;
(b) ((Current copies of curriculum, catalogs, and brochures;)) Copy of the school's catalog, enrollment agreement/contract, curriculums, student monthly reports, current and accurate floor plan;
(c) Current list of instructor 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))
(e) Verification of current student/instructor ratio;
(f) An identification of owners, shareholders, and directors:
(i) Complete legal name, personal telephone number, and home mailing address of the owner, shareholders, and directors;
(ii) The form of ownership; e.g., sole proprietorship, partnership, limited partnership, LLC, or corporation; and
(iii) Names, addresses, personal phone numbers, and prior school affiliations if any, of all individuals with ten percent or more ownership interest.
(g) A school that is a corporation or a subsidiary of another corporation must submit:
(i) Current evidence that the corporation is registered with the Washington secretary of state's office; and
(ii) The name, address, and telephone number of the corporation's registered agent.
(h) A signed fire inspection report from the local fire authority indicating all standards and requirements have been met; and
(i) The school must submit an exact floor plan of the physical location which is 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) Licenses must be renewed on or before the expiration date. Failure to renew the license by the expiration date shall result in a penalty. If not renewed on or before the expiration date, the school shall not credit students any hours until the license has been renewed.
(3) Failure to receive a notice of license renewal from the department does not constitute cause for failure to renew.