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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.

e.  Air dry.

6.  Replace the disinfected parts into the tubs. (Drains, jets, etc) or, store them in a disinfected, dry, covered container that is isolated from contaminants.

 

Salons are choosing to purchase extra drains and removable parts so the parts can immediately be changed out with pre disinfected parts saving time between clients.  If so, any part which has COME IN  CONTACT WITH BLOOD OR BODY FLUIDS must at a minimum be disinfected with 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.  Storage as in number 6 above.