What's New

Official Attorney General’s Opinion States that Cosmetology Act does allow Oklahoma Cosmetology Schools to offer instruction to secondary and post-secondary students:

Rule changes effective July 1st, 2012

175:10-7-5. Sanitizer(s) required for use in cosmetology schools and related establishments
(a) Every precaution shall be taken to prevent infection by sanitizing all cosmetology tools.
(b) All items shall be cleaned/sanitized by removing all visible debris from an item or surface by using
soap/water or a cleaning agent.
(c) Items shall be rinsed thoroughly in plain water.
(d) Items shall be placed in a wet sanitizer, which is a large, pan-type container which may be of plastic,
enamel, stainless steel, or rubber and shall be fully immersed in an EPA approved disinfectant prepared according to manufacturer’s directions. The items must stay immersed for full contact time according to manufacturer’s instructions in order that item or surface stays moist with disinfection for all pathogens listed on the label to be effectively destroyed.
(e) Combs may be disinfected in a cylinder jar by immersing in an EPA approved disinfectant prepared according to manufacturer’s directions. The combs must stay immersed for full contact time according to manufacturer’s instructions in order that item or surface stays moist with disinfection for all pathogens listed on the label to be effectively destroyed.
(f) If an autoclave is used to sterilize items after disinfection, in order to destroy all microbial life
(including spores), periodic testing and maintenance must be performed on system according to manufacturer’s instructions.
(g)_ All disinfected and/or sterilized items must be stored in a dry/closed cabinet, drawer, or other
closed/covered/light type container without fumes.

175:10-7-6. Sanitizing agents for use in cosmetology schools and related establishments
(a) Disinfectants for use by cosmetology establishments and schools shall be used only if
registered with the Environmental Protection Agency (EPA) for use as a disinfectant to achieve its intended purpose in accordance with the product label.
(b) To sanitize and minimize corrosion of metal instruments, immerse and wipe thoroughly with an EPA approved disinfectant or spray with approved oil base sanitizer and store in a cabinet or closed container free from contamination between use and service for each patron.
(c) All disinfection immersion liquid must be changed daily or sooner if visibly contaminated.
(d) All customer contact items, including neck rests, arm rests and seats, must be cleaned and disinfected between customers.

175:10-7-31. Manicuring equipment
The use of the credo blade or knife is prohibited for use by licensees.

SUBCHAPTER 9. LICENSURE OF COSMETOLOGISTS AND RELATED OCCUPATIONS

PART 5. DEMONSTRATORS; COSMETIC STUDIOS; TRADE SHOWS; GUEST ARTISTS; WIG DRESSING; OTHER PRACTICES OF COSMETOLOGY

175:10-9-55. Practices of cosmetology
(a) Only licensed Facialist/Estheticians and Cosmetologists, as defined in Title 59 O.S. § 199.1 (5) and (10) may perform threading and body sugaring.
(b) Only a licensed Facialist/Esthetician or Cosmetologist may perform eyelash extensions.

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COSTELLO MEDIA ADVISORY

Contact: Liz McNeill
Phone: 405-521-6102
Date: January 12, 2012
Oklahoma Department of Labor and the State Board of Cosmetology Issue Hazard Alert

Salon Operators Subject to Federal OSHA Fines
OKLAHOMA CITY –Today, Labor Commissioner Mark Costello and the State Board of Cosmetology issued a joint Hazard Alert regarding products containing formaldehyde, some of which may be mislabeled. This alert was issued to all Oklahoma salon operators and their employees. Nationwide Federal OSHA citations and fines have ranged up to $17,500 for failing to protect salon workers. OSHA has cited some manufacturers and distributors for incorrectly labeling formaldehyde containing products, many brands of which are manufactured by foreign interests.

The Hazard Alert warned salons that utilize hair smoothing products may expose employees to unsafe levels of formaldehyde beyond OSHA’s standard of exposure, even though labeled “formaldehyde free” as formaldehyde is identified by other compound names such as atmethylene glycol, paraform, or oxomethane.

Stylists inhale the formaldehyde as a gas or vapor and absorb it through their skin when they are applying liquid hair straighteners. Exposures occur during the entire treatment process and particularly when heat is applied, such as blow drying and flat ironing. The recommended procedure is to check labels and material safety data sheets, but with the failure to properly list formaldehyde on labels, stylists are unaware of their exposure.
Oklahoma Department of Labor OSHA Director, Diana Jones said, “If salon owners decide to use products that may contain or release formaldehyde, they must follow the requirements in OSHA’s Formaldehyde Standards to protect worker safety and health. This includes air monitoring, worker training, and good ventilation to ensure exposure levels do not exceed OSHA limits.”
“OSHA has cited some manufacturers and distributors for incorrectly labeling the products. Throughout the country citations and fines issued include, 3 salons that failed to protect workers from airborne overexposures to formaldehyde, 18 salons and 1 beauty school that failed to protect workers from possible airborne exposure to formaldehyde; and 15 salon owners and 1 beauty school that failed to provide workers with information about hazardous chemicals,” states Jones.

To date, Federal OSHA has issued citations to 23 salon owners and beauty schools in Connecticut, Massachusetts, Pennsylvania, Florida, Illinois, New York, New Jersey and Ohio, with fines ranging up to $17,500 for failing to protect workers from formaldehyde.

Commissioner Costello said “We want to make sure that salon owners in Oklahoma have the facts and know that our OSHA Safety Pays Consultation Program is a free resource to assist them.” Commissioner Costello asks that any Salon Operators in Oklahoma contact him to request free consultation by calling 1-888-269-5353 and asking for OSHA Safety Pays.

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HAZARD ALERT
from Oklahoma Department of Labor
Mark Costello, Commissioner
and State Board of Cosmetology
Sherry G. Lewelling, Executive Director
HAIR SMOOTHING PRODUCTS CONTAINING FORMALDEHYDE

The Oklahoma Department of Labor and the State Board of Cosmetology have joined together to issue a hazard alert to salon operators and their employees regarding products containing formaldehyde.

Salons that utilize hair smoothing products may be exposing employees to unsafe levels of formaldehyde. Recent studies indicate that many of these popular hair treatments contain significant levels of formaldehyde despite being labeled “formaldehyde free”.

What are the Hazards?
Stylists inhale formaldehyde as a gas or vapor and absorb it through their skin when they are applying liquid hair straighteners. Exposures occur during the entire treatment process and particularly when heat is applied, such as during blow drying and flat ironing. ( www.labor.ok.gov for additional hazards)
Formaldehyde can irritate the eyes and nose; can cause allergic reactions of the skin, eyes and lungs; and is a cancer hazard. The symptoms often increase as the formaldehyde levels increase. (www.labor.ok.gov for additional symptoms)

What Action Does OSHA Require?
Salon owners that use products that may contain formaldehyde are required to follow the requirements of OSHA’s formaldehyde and hazard communication standards. This includes evaluating potential formaldehyde exposure and implementing protective measures. (www.labor.ok.gov for additional actions required by OSHA)

Employers shall:
Conduct air monitoring during treatment • provide control measures • train on health effect • provide personal protective equipment • provide emergency eyewash equipment

What resources are available to assist Salons with the evaluation potential formaldehyde concerns?
The Safety Pays OSHA Consultation Program provides free on-site safety and health assistance to Oklahoma employers through the Department of Labor. Our staff at the Department of Labor are available to work with you to determine what hazards may exist at your salon. This includes performing air monitoring to determine the concentration of formaldehyde exposure generated during hair treatments.

Your salon could qualify for a $1,000 tax exemption simply by having a full service safety and/or health consultation. For more information on our program, contact us at 405-521-6140. To contact the Oklahoma State Board of Cosmetology call 405-521-2441 or visit www.cosmo.ok.gov.

Our services are: Confidential, Non-punitive, FREE

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Notice of Permanent Rules 2012

TITLE 175. OKLAHOMA STATE BOARD OF COSMETOLOGY

CHAPTER 10. LICENSURE OF COSMETOLOGISTS, SCHOOLS AND RELATED ESTABLISHMENTS

RULEMAKING ACTION:

Notice of proposed PERMANENT rulemaking

PROPOSED RULES:

Subchapter 7. Sanitation and Safety Standards for Cosmetology Establishments, Salons and Schools

175:10-7-5. [AMENDED]

175:10-7-6. [AMENDED]

175:10-7-31 . [NEW]

Subchapter 9. Licensure of Cosmetologists and Related Occupations

Part 5. Demonstrators; Cosmetic Studios; Trade Shows; Guests Artists; Wig Dressing; Other Practices of Cosmetology

175:10-9-55 [NEW]

SUMMARY:

The proposed amendments and new rules relate to standards of sanitation and safety which must be observed and practiced by all cosmetology salons, schools and related establishments. The proposed amendments and new rules also specify where licensed individuals may practice in order for the Board to fully and effectively carry out the provisions of the Oklahoma Cosmetology Act by regulating the practices of cosmetology and safety standards for the protection of the public.

AUTHORITY:

59 O.S. § Section 199.3 (A); State Board of Cosmetology

COMMENT PERIOD:

Written and oral comments will be accepted until the conclusion of the rules hearing on February 13, 2012. Comments may be submitted to Sherry G. Lewelling, Executive Director, 2401 NW 23^rd Street, Suite 84, Oklahoma City, Oklahoma 73107.

PUBLIC HEARING:

A public hearing has been scheduled for Monday, February 130, 2012 at 9:00 a.m. at 2401 NW 23^rd, Suite 84 in the Testing Center, Oklahoma City, OK 73107. Anyone who wishes to speak must sign in at the door by 9:05 a.m.

REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES:

The only known business entities affected by these rules are licensed cosmetology establishments and licensees. There may be some direct and indirect costs to implement more efficient sanitation and disinfectant standards but the costs will be minimal. If licensees do not comply with the sanitation and disinfectant standards and the public is harmed, litigation costs will most certainly be higher when not in compliance. Establishments and licensees in the state of Oklahoma affected by these proposed rules are requested to provide comments to the agency during the period from January 3, 2012 to February 6, 2012.

COPIES OF PROPOSED RULES:

Copies of proposed rules may be obtained from the Oklahoma State Board of Cosmetology, 2401 NW 23^rd Street, Suite 84, Oklahoma City, Oklahoma 73107. Copies may be obtained by written request mailed to the attention of Sherry G. Lewelling, Executive Director, 2401 NW 23^rd Street, Suite 84, Oklahoma City, OK 73107.

RULE IMPACT STATEMENT:

Pursuant to 75 O.S. § 303 (D), a rule impact statement will be prepared and available for review after December 1, 2011.

CONTACT PERSONS:

Sherry G. Lewelling, Executive Director (405) 522-7615 and Jennifer McRee, Principal Assistant (405) 522-7616.

Rule Impact Statement

OKLAHOMA STATE BOARD OF COSMETOLOGY
DECEMBER 1, 2011
RULEMAKING ACTION:
Rule Impact Statement – Chapter 10
BRIEF DESCRIPTION OF THE PURPOSE OF THE PROPOSED RULES:
The proposed amendments and new rules relate to standards of sanitation and safety which must be observed and practiced by all cosmetology salons, schools and related establishments. The proposed and new rules also specify where licensed individuals may practice in order for the Board to regulate the practices of cosmetology and safety and standards for the protection of the public which is necessary and proper to enable the Board to fully and effectively carry out the provisions of the Oklahoma Cosmetology Act.
DESCRIPTION OF THE CLASSES OF PERSONS WHO MOST LIKELY WILL BE AFFECTED BY THE PROPOSED RULE, INCLUDING CLASSES THAT WILL BEAR THE COSTS OF THE PROPOSED RULE, AND ANY INFORMATION ON COST IMPACTS RECEIVED BY THE AGENCY FROM ANY PRIVATE OR PUBLIC ENTITIES:
The only known business entities that may be affected by these rules are licensed cosmetology establishments and licensees. There may be some direct and indirect costs to implement more efficient sanitation and disinfectant standards, but the costs will be minimal. If licensees do not comply with the sanitation and disinfectant standards and the public is harmed, litigation costs will most certainly be higher when not in compliance.
DESCRIPTION OF THE CLASSES OF PERSONS WHO WILL BENEFIT FROM THE PROPOSED RULES:
The general public and consumers of cosmetology services will positively benefit from the impact of the proposed rules. By not allowing use of dangerous tools and implements, consumers will be better protected from protected from harmful diseases that can be transmitted through the practice of cosmetology. The licensees will positively benefit from knowing they are protecting their clients while services are performed in a safe and sanitary manner.
DESCRIPTION OF THE PROBABLE ECONOMIC IMPACT OF THE PROPOSED RULES UPON AFFECTED CLASSES OF PERSONS OR POLITICAL SUBDIVISIONS, INCLUDING A LISTING OF ALL FEE CHANGES AND, WHENEVER POSSIBLE, A SEPARATE JUSTIFICATION FOR EACH FEE CHANGE:
There may be a minimal economic impact if the proposed rules become effective upon cosmetology establishments and licensees but the cost for compliance will be minimal. The agency believes that with compliance, licensees will absolve themselves of a great amount of liability while minimizing the chance of transmitting infection, disease or disorders.
PROBABLE COSTS AND BENEFIT TO THE AGENCY AND TO ANY OTHER AGENCY OF THE IMPLEMENTATION AND ENFORCEMENT OF THE PROPOSED RULE, THE SOURCE OF REVENUE TO BE USED FOR IMPLEMENTATION AND ENFORCEMENT OF THE PROPOSED RULE, AND ANY ANTICIPATED EFFECT ON STATE REVENUES, INCLUDING A PROJECTED NET LOSS OR GAIN IN SUCH REVENUES IF IT CAN BE PROJECTED BY THE AGENCY:
There are no anticipated additional costs in implementing the proposed rule changes. There is no anticipated effect on state revenues.
DETERMINATION OF WHETHER IMPLEMENTATION OF THE PROPOSED RULE WILL HAVE AN ECONOMIC IMPACT ON ANY POLITICAL SUBDIVISIONS OR REQUIRE COOPERATION IN IMPLEMENTING OR ENFORCING THE RULE:
There is no economic impact on any political subdivision from the proposed rules, and cooperation from any political subdivision is not required in implementing or enforcing the proposed rules.
EXPLANATION OF THE MEASURES THE AGENCY HAS TAKEN TO MINIMIZE COMPLIANCE COSTS AND A DETERMINATION OF WHETHER THERE ARE LESS COSTLY OR NONREGULATORY METHODS OR LESS INTRUSIVE METHODS FOR ACHIEVING THE PURPOSE OF THE PROPOSED RULE:
There are no anticipated additional costs for complying with the proposed rule changes. There is no less costly, nonregulatory method or less intrusive method for achieving the purpose of the proposed rules.
DETERMINATION OF THE EFFECT OF THE PROPOSED RULE ON THE PUBLIC HEALTH, SAFETY AND ENVIRONMENT AND, IF THE PROPOSED RULE IS DESIGNED TO REDUCE SIGNIFICANT RISKS TO THE PUBLIC HEALTH, SAFETY AND ENVIRONMENT, AN EXPLANATION OF THE NATURE OF THE RISK AND TO WHAT EXTENT THE PROPOSED RULE WILL REDUCE THE RISK:
There will be a positive effect on the public health and general welfare of consumers of cosmetology services because the proposed rules will protect them by reducing the risk of transmitting disease by requiring higher standards of sanitation and disinfection and eliminating chance of physical harm by prohibiting use of a specific cosmetology tool.
DETERMINATION OF ANY DETRIMENTAL EFFECT ON THE PUBLIC HEALTH, SAFETY AND ENVIRONMENT IF THE PROPOSED RULE IS NOT IMPLEMENTED:
There may be a detrimental effect on the public health and safety of consumers of cosmetology services if the proposed rules are not implemented, but the extent is not known. The agency believes there is a need to propose more stringent rules for sanitation, disinfection and safety in cosmetology establishments based on the rising number of complaints received from consumers.
DATE THE RULE IMPACT STATEMENT WAS PREPARED:
December 1, 2011

2012 Rules

175:10-7-5. Sanitizer(s) required for use in cosmetology schools and related establishments

Every precaution shall be taken to prevent infection by sanitizing all cosmetology tools.
All items shall be cleaned/sanitized by removing all visible debris from an item or surface by using

soap/water or a cleaning agent.

(d) Items shall be placed in a wet sanitizer, which is a large, pan-type container which may be of plastic,

enamel, stainless steel, or rubber and shall be fully immersed in an EPA approved disinfectant prepared according to manufacturer’s directions. The items must stay immersed for full contact time according to manufacturer’s instructions in order that item or surface stays moist with disinfection for all pathogens listed on the label to be effectively destroyed.

(e) Combs may be disinfected in a cylinder jar by immersing in an EPA approved disinfectant prepared according to manufacturer’s directions. The combs must stay immersed for full contact time according to manufacturer’s instructions in order that item or surface stays moist with disinfection for all pathogens listed on the label to be effectively destroyed.

(f) If an autoclave is used to sterilize items after disinfection, in order to destroy all microbial life

(including spores), periodic testing and maintenance must be performed on system according to manufacturer’s instructions.

(g)_ All disinfected and/or sterilized items must be stored in a dry/closed cabinet, drawer, or other

closed/covered/light type container without fumes.

(a) Wet sanitizer is a large, pan-type covered container for use in a cosmetology salon or school. It may be of plastic, enamel, stainless steel, or rubber and shall be filled with sufficient EPA registered liquid chemical sanitizing solution to completely cover all combs, brushes or other articles placed with for the purpose of sanitizing cosmetology articles.

~~(b) Every precaution shall be taken to prevent infection by sanitizing all cosmetology tools~~

~~(c) All combs and brushes and other instruments, after being used, shall be sanitized as follows:~~

~~(1) Hair and other soil shall e cleaned from brushes and combs.~~

~~(2) Implements and other articles shall be washed in warm water and detergent.~~

~~(3) Articles shall be rinsed thoroughly in plain water.~~

~~(4) Articles shall be dried and placed in dry sanitizer without fumes.~~

~~(d) Dry sanitizer is a clean, dry cabinet or sanitizer/sterilizer/cabinet, drawer, or other closed/covered/light type container which shall be used to store sanitized instruments, combs and brushes.~~

175:10-7-6. Sanitizing agents for use in cosmetology schools and related establishments

(a) Disinfectants for use by cosmetology establishments and schools shall be used only if

registered with the Environmental Protection Agency (EPA) for use as a disinfectant to achieve its intended purpose in accordance with the product label.

(b) To sanitize and minimize corrosion of metal instruments, immerse and wipe thoroughly with an EPA approved disinfectant or spray with approved oil base sanitizer and store in a cabinet or closed container free from contamination between use and service for each patron.

(d) All customer contact items, including neck rests, arm rests and seats, must be cleaned and disinfected between customers.

175:10-9-55. Practices of cosmetology

(a) Only licensed Facialist/Estheticians and Cosmetologists, as defined in Title 59 O.S. § 199.1 (5) and (10) may perform threading and body sugaring.

(b) Only a licensed Facialist/Esthetician or Cosmetologist may perform eyelash extensions.

175:10-7-31. Manicuring Equipment

The use of the credo blade or knife is prohibited for use by licensees.

News Release

OSHA News Release: [09/22/2011]
Contact Name: Jesse Lawder or Diana Petterson
Phone Number: (202) 693-4659 or x1898
Release Number: 11-1393-NAT

OSHA issues updated hazard alert on formaldehyde dangers to hair salon owners, workers after new agency findings and FDA warning letter

WASHINGTON — The U.S. Department of Labor's Occupational Safety and Health Administration has issued a revised hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products. The revised alert was prompted by the results of agency investigations, a warning letter issued by the U.S. Food and Drug Administration and factually incorrect information recently sent to salons by a company that manufactures hair products. OSHA's updated alert can be viewed at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html.

During recent investigations, OSHA's air tests showed formaldehyde at hazardous levels in salons using Brazilian Blowout Acai Professional Smoothing Solution and Brasil Cacau Cadiveu, resulting in citations for multiple violations. OSHA found that workers were exposed to formaldehyde in these salons at levels higher than the agency's protective limits. OSHA also cited two manufacturers and two distributors of hair smoothing products for violations that included failing to list formaldehyde on product labels as well as on accompanying hazard warning sheets, known as material safety data sheets, that are provided to the products' users.

The FDA issued a warning letter on Aug. 22 to the importer and distributer of Brazilian Blowout Acai Professional Smoothing Solution stating that the product is adulterated and misbranded. Although the solution contains methylene glycol, which can release formaldehyde during the normal conditions of use, the product is labeled "formaldehyde free" or "no formaldehyde" and does not list formaldehyde on the material safety data sheet.

Following an Aug. 24 letter sent by Brazilian Blowout to salon owners claiming that all OSHA air tests performed on the company's Brazilian Blowout Professional Acai Smoothing Solution yielded results below OSHA's standard for exposure, the agency sent a letter today to the company refuting that assertion. OSHA's letter can be viewed at http://www.osha.gov/SLTC/formaldehyde/brazilian_blowout_letter.pdf.

"Misleading or inadequate information on hazardous product labels is unacceptable," said OSHA Assistant Secretary Dr. David Michaels. "Salon owners and workers have the right to know the risks associated with the chemicals with which they work and how to protect themselves."

Formaldehyde can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is a cancer hazard. The revised hazard alert notifies salons that if they use products that contain or release formaldehyde, they must follow the requirements in OSHA's formaldehyde standard at 29 Code of Federal Regulations 1910.1048. OSHA further requires manufacturers, importers and distributors of products that contain formaldehyde as a gas or in solution, or that can release formaldehyde during use, to include information about formaldehyde and its hazards on product labels and in the material safety data sheets. The alert also now includes details about the information that is required to be listed on the labels and the material safety data sheets of products that contain or could release formaldehyde. OSHA's formaldehyde standard can be viewed at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10075.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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On July 11, 2011, the Board voted that written examination will be offered in the ENGLISH language only.

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Winter Weather

Winter months in Oklahoma always include the possibility of inclement weather.

IF the Highway Patrol (Department of Public Safety) has announced that travel in your area of the state is ‘slick and hazardous’, then you will be excused from your exam and we will mail you another exam date (without charge) and your work permit will remain valid.

For information regarding road conditions, please check your local news media or check with the Department of Public Safety (Highway Patrol) (DPS) http://www.dps.state.ok.us/ or by phone 405.425.2385 or 888.425.2385.

For information regarding state offices, please check your local news media OR you can access Oklahoma’s state website at www.ok.gov If it is announced by the Governor’s office that state offices are closed or operating with limited staff, then you will know your exam is cancelled and will be rescheduled.

You may call the direct number to the exam department (405.522.7618) to leave a message (or hear additional information) during severe winter weather.

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NOTICE TO LICENSEES AND APPLICANTS FOR LICENSURE
AGENCY POLICY
LICENSURE OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF A FELONY

State law, Title 59 O.S. § 199.11, authorizes the Oklahoma State Board of Cosmetology to deny, revoke, suspend, or refuse to renew any license, certification, or registration when the applicant or licensee has been convicted of a felony.

PLEASE NOTE: A felony conviction does not automatically disqualify you from obtaining, renewing, or reinstating an expired license.

As of March, 2010, applicants for licensees requesting renewal, and persons seeking to reinstate an expired license, a question will be asked on the renewal to indicate whether he or she has been convicted of a felony. Persons who indicate they have been convicted of a felony will be asked if it has been within the last year. If so, a certified copy of the record of the court is required to be submitted along with renewal application and fee.

For initial license applications, a question will be asked on the form requesting if an applicant has been convicted of a felony. If so, a certified copy of the record of the court is required to be submitted along with the initial application and fee.

The Director will review the information provided and consider each application individually in light of the Board’s mission and purpose of safeguarding and protecting the health and general welfare of the people of the state of Oklahoma.

2009 SUMMARY OF LAW AND RULE CHANGES

Effective July 1, 2009, the following amendments are effective for Cosmetology Law, Title 59 O.S. § 199.2 which states in part as follows:

Section 199.2. State Board of Cosmetology

A. 1. There is hereby re-created, to continue to July 1, 2013, in accordance with the provisions of the Oklahoma Sunset Law, a State Board of Cosmetology which shall be composed of nine (9) members to be appointed by the Governor and to serve at the pleasure of the Governor.

SUMMARY: The Board successfully underwent through Sunset Review and is re-created for another four (4) years.

The intended effect of all the rule revisions is to protect the public from potentially unsafe and unsanitary cosmetology procedures performed in cosmetology establishments regulated by the Board of Cosmetology.

Effective July 1 2009, the following amendments are effective for Board Rule 175:10-7-25 which states in part as follows:

175:10-7-25. Animals, birds, pets prohibited in cosmetology schools and related establishments

Animals, birds, and/or other pets shall be prohibited in a cosmetology establishment or school, unless otherwise provided by law. The use of fish or other animals in performing a cosmetology service in a cosmetology establishment or school, including but not limited to fish pedicures is prohibited.

SUMMARY: A fish pedicure, in which certain species of fish are used to remove dead skin from the feet (specifically a gara rufa fish) may result in the transmission of diseases to and between customers through the fish, or the water in which the fish are kept. The Department of Wildlife Conservation has expressed concerns about the dangers to the Oklahoma lakes and streams if the fish, a non-native species, find their way into Oklahoma waters when the salons dispose of the fish when they grow too large to be used for pedicures. The disposal of fish into the sanitary sewer system may also negatively impact the functioning of wastewater treatment facilities. The amendment to the rule prohibits fish pedicures or other cosmetology procedures using fish or animals. Fish pedicures are a procedure which involves the use of certain species of fish to nibble or such dead skin from the feet. The amendment also prohibits use of any animal in performing a cosmetology services in a cosmetology establishment or school. The procedure poses potential risks to the health and safety of customers and the environment, and is not amenable to existing effective sanitization procedures.

Effective July 1, 2009, the following new rule is effective which states as follows:

175:10-7-29. Facial procedures, devices and equipment

(a) Licensees are prohibited from performing facial procedures using cosmetic exfoliating substances or devices that effect more than the top layer (stratum corneum) or outer most layer of dead cells on the skin. Procedures which use any cosmetic exfoliation substance or device to remove viable (living) skin below the stratum corneum are deemed beyond the scope of practice of persons and establishments licensed by the Board of Cosmetology.

(b) Cosmetic exfoliating substances may include alpha hydroxyl acids (glycolic and lactic acids), beta hydroxyl acids, salicylic acid, Jessner’s solutions, resorcinol and other substances intended to affect no more than the stratum corneum.

(c) Cosmetic exfoliating devices may include FDA (U.S. Food and Drug Administration) registered and/or approved devices, provided that such devices affect no more than the stratum corneum.

SUMMARY: The new rule establishes that the use of exfoliating substances or devices that affect more than the outermost layer of skin cells is prohibited and is beyond the scope of practice of licensees. The new rule is intended to clarify the scope of practice of licensees in regard to certain facial procedures.

Effective July 1, 2009, the following new rule is effective which states as follows:

175:10-7-30. Pedicure equipment and procedures for cleaning and disinfecting after each client use

Pedicure equipment is a unit that holds water for a pedicure service, including whirlpool spas, ‘pipe-less’ units, footbaths, basins, tubs, sinks and bowls which shall be cleaned by scrubbing surface with a brush, using an enzymatic or surfactant detergent (soap) and water. After cleaning, pedicure equipment, tools and implements shall be disinfected by using an EPA-registered disinfectant as prescribed in Board rule 175:10-7-6. Board rules regarding the cleaning and sanitizing of cosmetology tools and implements apply to all tools and implements used for pedicures. The Board recommends the use of NIC approved ‘Cleaning and Disinfecting of Circulating and Non Circulating Tubs and Spa’s For All Industry Modalities’.

SUMMARY: This new rule establishes specific procedures for cleaning and disinfecting pedicure equipment after each client use in order to prevent the spread of potentially dangerous and infectious diseases and disorders that may be contracted by the pubic from unclean, undisinfected and unsanitized pedicure equipment. NIC approved ‘Cleaning and Disinfecting of Circulating and Non Circulating Tubs and Spa’s For All Industry Modalities’ can be found on NIC’s website nictesting.org.

Cleaning and Disinfecting of circulating and non circulating tubs and spa’s for all industry modalities.

The recommended Cleaning and disinfecting standard for all circulating and non circulating tubs or spas are: (the use of eye goggles and nitrile protective gloves are recommended and exposure of the client’s feet, or other skin areas of the body to disinfectants should be avoided).

1. After Each client or service,

2. Drain the tub

3. Clean the tub according to manufacturer’s instructions. Take special care to remove all film, especially at the water line. Rinse the Tub well.

4. Fill the tub with water.

a. Add appropriate disinfectant into the water according to the following:

i. AT Minimum, us an EPA registered, bactericidal, virucidal, fungicidal, and pseudomonacidal (Formulated for Hospitals) disinfectant that is mixed and used according to the manufacturer’s directions, EXCEPT TUBS THAT HAVE COME IN CONTACT WITH BLOOD OR BODY FLUIDS

ii. If a Tub has COME IN CONTACT WITH BLOOD OR BODY FLUIDS at minimum, an EPA registered disinfectant that is effective against HIV –1 and human Hepatitis B Virus or Tuberculocidal that is mixed and used according to the manufacturer’s directions shall be used.

b. Allow the disinfectant to stand for non circulating tubs or to circulate for circulating tubs for the time specified according to the manufacturer’s instructions.

5. At the end of the day remove all removable parts (filters, screens drains, jets, etc) Clean and disinfect the removable parts as follows:

a. Scrub with a brush and soap or detergent until free from debris.

b. Rinse

c. Completely immerse in an EPA registered, bactericidal, virucidal, fungicidal, and pseudomonacidal (Formulated for Hospitals) disinfectant that is mixed and used according to the manufacturer’s directions,

d. Rinse.