PROPOSED RULEMAKING
STATE BOARD OF
BARBER EXAMINERS
[49 PA. CODE CH. 3]
Standards for Disinfection and Sanitation
[31 Pa.B. 2686] The State Board of Barber Examiners (Board) proposes to amend its regulations in Chapter 3 (relating to State Board of Barber Examiners) to read as set forth in Annex A. These amendments are proposed under the Governor's Executive Order 1996-1, which directs that Commonwealth agencies revise their regulations to delete unnecessary provisions and consolidate provisions where applicable. In addition, the Board proposes to amend its regulations to reflect current knowledge and procedures for sanitation and disinfection in barber shops and barber schools.
A. Effective date
The amendments will be effective upon publication of final-form regulations in the Pennsylvania Bulletin.
B. Statutory Authority
The amendments are authorized under section 15-A.4(b) of the Barber License Law (act) (63 P. S. § 566.4(b)).
C. Background and Purpose
The purpose of the amendments is twofold. First, the amendments would update and implement standards for disinfection and sanitation that reflect current knowledge and practices for preventing the spread of pathogens in barber shops and barber schools. Second, the amendments would delete unnecessary provisions and make editorial changes.
Description of Proposed Sanitation Amendments
The Board has jurisdiction over sanitation and disease control measures in barber shops. Under section 15-A.4(b) of the act, the Board is authorized to prescribe rules for sanitary requirements. The substantive requirements of the Board regulations on sanitation and disease control were last substantively amended in 1992. Since that date, advances in the chemical treatment of pathogens have made products available to Board licensees and others which substantially reduce the threat of transmission of disease through the use of shop equipment. Also, the generally accepted terminology for controlling the spread of disease has been substantially revised to more precisely reflect the level of disease control. These terms are now commonly used in products.
First, the Board proposes to delete from the regulations the term ''sterilization'' and to add the terms ''disinfect'' and ''cleanse.'' Sterilization now is used in connection with infection control to refer to infection control in highly sensitive environments such as hospitals. The Board recognizes the importance of controlling the spread of disease by both cleansing and disinfecting surface materials. The Federal Environmental Protection Agency (EPA) regulates and registers chemicals and products which disinfect. These changes are reflected in definitions added to § 3.1 (relating to definitions).
As sterilization is not required of tools and instruments used in barber shops or schools, references to sterilization have been removed. Section 3.1 contains definitions for ''disinfect,'' ''EPA registered disinfectant'' and ''cleanse.''
Section 3.54 (relating to minimum equipment requirements) is amended to reflect the new disinfection requirement, as opposed to sterilization. Section 3.55 (relating to maintenance) pertaining to barber shops and § 3.86 (relating to maintenance and sterilization) pertaining to barber schools have been amended to contain the primary requirements for sanitation and disinfection of equipment and implements, which must be subjected to a four-step cleanse, disinfect, rinse and dry, and store procedure.
Description of Proposed Amendments Pertaining to General Revisions
The secondary purpose of these amendments is to replace antiquated provisions with more modern approaches to the practice and teaching of barbering.
Section 3.12(c) (relating to license limitations) would be deleted because the language is superfluous with § 3.12(a).
Section 3.43(b) (relating to practical test) would be amended to include mannequins in the list of tools an applicant for a practical test should furnish at the exam and § 3.43(d) would delete scalp manipulations and facial massage from the procedures that an applicant for a practical test must demonstrate, and includes the demonstration of permanent waving and hair coloring. This change reflects the more contemporary services that are performed in barber shops and taught in schools.
Section 3.51(b) (relating to licenses and permits) will make it clear that the reference is to the Department of State. Section 3.52 (relating to minimum general requirements) amends the word ''toilet'' and ''lavatory'' to refer to ''restrooms.''
The Board proposes to amend § 3.54 regarding minimum equipment requirements in barber shops to more clearly delineate what is required. These changes reflect current trends in barber shops. For example, because strops, tweezers and hones are not used often, the Board is proposing that only one strop, one tweezer and one hone be required in a shop rather than one for each barber chair in operation. In addition, the Board would require two razors for each chair rather than three and require that at least one of these must be nondisposable.
Since there is no statutory authority to regulate shampoo personnel, the Board proposes to delete § 3.57 (relating to shampoo personnel) that requires shampoo personnel to obtain a record from a physician certifying that the shampoo personnel are free from contagious or infectious diseases. Since section 13(a) of the act (63 P. S. § 563) permits nonlicensed persons to shampoo hair under the supervision of a barber-manager or barber-owner, regulatory language is redundant. Therefore, the Board is proposing to delete § 3.57.
Section 3.71 (relating to curriculum), pertaining to curriculum in barber shops, will reflect the teaching of students by both barber teachers and barber managers. In addition, shaving and various uses of the straight razor will be added as a subject in the students' curriculum for practical work as well as permanent waves, color and facials as being part of the practice of massage. The approximate number of instructional hours for permanent waves and color will be 50 hours of each. The number of instructional hours for facial massage and shampoo would be decreased from 100 to 50 hours.
The Board proposes to amend § 3.71(d) pertaining to a licensed cosmetologist who wishes to take the barber examination. The amendment will make it clear that the subject matter being taught is the State barber laws. Also, the Board would update the language ''cutting and styling'' to reflect the more accurate procedures of ''haircutting, hairstyling and hairpieces.''
The proposal would revise § 3.72 (relating to student's records) pertaining to students' records in barber shops. The Board is adding a new subsection (b) to require that barber managers or teachers who train a student in a shop must keep quarterly reports of the hours earned by the student. The quarterly reports would be required to be provided to the student upon request. Subsection (a) of this provision would be amended to more clearly require student records to be kept for inspection by the Board's representative.
Section 3.73 (relating to books) relating to books in a shop will be amended to delete the list of books required and instead permit the shop to include a standardized textbook on barbering.
The Board intends to amend § 3.84 (relating to space) by changing the language to more accurately describe the size of a clinic room.
The Board intends to amend § 3.85 (relating to equipment) pertaining to equipment in barber schools. In particular, ultraviolet ray lamps are no longer used in barber schools or barber shops and, accordingly, that piece of equipment will be deleted. Also, the book, ''Gray's Anatomy'' will be deleted and replaced by the requirement that a school have a medical dictionary. Also, one electric lather mixer will be required for every ten students rather than every five students. In addition, two razors, rather than three, will be required and at least one of the razors must be nondisposable. Section 3.87 (relating to student's records) will be amended to include a subsection (b), which would require that each barber school keep quarterly reports of the hours earned by the student. The quarterly reports will be provided to the student upon request. The Board intends to amend § 3.88 (relating to supervisor and teachers) to reflect that a school shall be, at all times, under the immediate supervision of a licensed teacher rather than a supervisor who possesses a teacher's certificate. Because a licensed teacher has at least 5 years practical experience in a barber shop, the requirement that the supervisor be a teacher with at least 5 years practical experience is unnecessary. Section 3.90 (relating to student curriculum) pertaining to students' curriculum in barber schools will be amended by requiring that various uses of the straight razor be incorporated into the students' curriculum.
D. Compliance with Executive Order 1996-1
In accordance with Executive Order 1996-1, the Board solicited input from the regulated community in the drafting and promulgating this proposal. On January 20, 1999, the Board wrote to barber schools and associations soliciting input on the proposed amendments.
E. Fiscal Impact and Paperwork Requirements
The proposed amendments will have no fiscal impact on the Commonwealth or its political divisions. The Board will be receiving applications for registration for students who are training in barber shops.
F. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 14, 2001, the Board submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. In addition to submitting the proposed amendments, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has any objections to any portion of the proposed amendments, it will notify the Board within 10 days after the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion of the proposed amendments. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendments, by the Board, the General Assembly and the Governor of objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Sara Sulpizio, Administrative Assistant, State Board of Barber Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Reference No. 16A-424 (General Revisions), when submitting comments.
RICHARD SCIORILLO,
ChairpersonFiscal Note: 16A-602. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 3. STATE BOARD OF BARBER EXAMINERS
GENERAL PROVISIONS § 3.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Cleanse--To clean and remove debris by washing with soap and water.
Disinfect--To destroy pathogenic micro-organisms by complete immersion in an EPA registered bactericidal, virucidal, fungicidal and tuberculocidal disinfectant that is mixed and used according to the manufacturer's directions.
EPA--The Environmental Protection Agency.
EPA registered disinfectant--A product used to destroy pathogenic micro-organisms that is registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (7 U.S.C.A. §§ 136--136y).
LICENSES § 3.12. License limitations.
* * * * * [(c) An individual to whom a barber-teacher's license has been issued shall be deemed qualified to perform the functions of a barber-teacher, barber-manager or barber.]
STUDENTS § 3.22. Credit.
A student will be given credit only for the actual time spent performing barbering services, or being instructed in theory by a licensed barber-teacher or barber-manager.
EXAMINATIONS § 3.41. Applications for examinations.
* * * * * (b) An examination application shall include payment of the fee, a notarized statement certifying the completion of the hours of [instructions] instruction, from either a barber school or a barber-teacher or barber-manager with whom the student has studied and trained, and a notarized statement from a physician indicating that the student is free from contagious and infectious diseases.
§ 3.43. Practical test.
* * * * * (b) An applicant shall furnish his own tools, such as mannequins, clippers, shears, combs, razors, hone, strop, shaving brush, hair cloth, tonics, creams, towels and spatula to perform the practical operations of barbering.
* * * * * (d) The applicant shall demonstrate haircutting, [scalp manipulations] permanent waving, hair coloring, shaving, [facial massage] and honing and stropping.
* * * * *
BARBER SHOPS § 3.51. Licenses and permits.
* * * * * (b) Trade names and fictitious names shall be registered with the Corporation Bureau of the Department of State before a permit will be issued.
* * * * * § 3.52. Minimum general requirements.
(a) Every barbershop shall provide for the following:
* * * * * (8) Readily [accessible toilet] available restroom facilities.
* * * * * (c) When a barbershop and a cosmetology shop are located side by side in the same building and owned by the same individual, partnership or corporation, the shops may share [lavatory] restroom facilities.
§ 3.54. Minimum equipment requirements.
Every barbershop shall provide for the following:
* * * * * (5) A sanitary headrest for every two chairs.
* * * * * (8) One [covered] soiled towel receptacle for each chair.
* * * * * (13) One clothes tree or its equivalent [to accommodate the wraps of at least three customers].
* * * * * (16) [Three] Two razors for each chair in operation, at least one of which is nondisposable.
* * * * * (18) [Six combs] Combs for each chair in operation.
(19) One strop [for each chair in operation].
(20) One tweezer [for each chair in operation].
(21) One hone [for each chair in operation].
* * * * * (25) [Sterilizing] Disinfection solution.
(26) Proper [sterilizing] disinfection equipment.
* * * * * § 3.55. Maintenance and sanitation.
* * * * * (c) [Tools and instruments, such as razors, tweezers, combs, hairbrushes, rubber discs, parts of vibrators or massaging machines, and other utensils or appliances that come into contact with the neck, face or head, except neck dusters, which shall be thoroughly cleaned once a day, shall be cleaned immediately after each use and shall be sterilized immediately before using on another customer. Instruments shall be sterilized by placing them in live steam for at least 12 minutes, or by immersing in disinfecting solution equal to a 5% solution of carbolic acid or alcohol solution of at least 70% strength for at least 1 minute before serving each patron. Shaving mugs and brushes shall be thoroughly rinsed in boiling water before each separate use. All methods of sterilization that are bacteriologically effective are permitted.] All equipment and implements that come into contact with a patron's skin, scalp or hair shall be subject to the following procedure following each patron use:
(1) Step 1: Cleanse. All debris shall be removed and the objects washed with soap and water.
(2) Step 2: Disinfect. The cleansed objects must be disinfected by complete immersion in an EPA registered bactericidal, virucidal, fungicidal and tuberculocidal disinfectant that is mixed and used according to the manufacturer's directions.
(3) Step 3: Rinse and dry. The cleansed and disinfected objects shall be rinsed with clean water and dried with a clean towel.
(4) Step 4: Store. The cleansed, disinfected, rinsed and dried objects shall be stored in a clean, dry and closed container clearly marked as such. Sharp implements shall be stored upright with the points down.
(d) Only cleansed, disinfected and rinsed equipment and implements properly stored shall be used on patrons.
(e) Equipment and implements which have been dropped onto the floor or any other unclean surface shall be subjected to the four-step cleanse/disinfect/rinse and dry/store procedure prior to any patron use.
[(d)] (f) Every barbershop shall use only freshly laundered and [sterilized] sanitized towels, kept in a closed dustproof container, for each patron. The headrest of the barber chair shall be covered with a freshly laundered towel or fresh paper for each patron. In cutting the hair of a person, a newly laundered towel or fresh paper shall be placed about the neck to prevent the hair cloth from touching the skin. Towels used on each patron shall be discarded in a closed receptacle, and towels may not be left lying on a workbench or washbowl.
[(e)] (g) * * *
[(f)] (h) * * *
[(g)] (i) * * *
[(h)] (j) * * *
[(i)] (k) [A patch test shall be performed before using a dye or tint. The test shall be made on a skin area either behind the ear or on the forearm. If no swelling, itching, redness or other reaction occurs after 24 hours, the barber may proceed with the dyeing or tinting process.] All products shall be used in accordance with the manufacturer's instructions.
[(j)] (l) * * *
§ 3.57. [Shampoo personnel] (Reserved).
[Unlicensed personnel are permitted to administer shampoos in barbershops under the supervision of a manager-barber or barber owner if the shop owner and the shop manager have on record a physician's certificate certifying that they are free from contagious or infectious diseases. It is the responsibility of the shop owner and the shop manager to insure that the shampoo personnel obtain the certificate. The certificate shall be made available to inspectors for the Commonwealth when requested.]
SERVICES PERFORMED OUTSIDE THE SHOP § 3.61. Out-of-shop services.
When barbering services are provided outside a licensed barbershop, the following requirements apply:
* * * * * [(4) The owner of the sponsoring shop shall comply with sanitary requirements as if out-of-shop services were performed in the shop.]
STUDY [UNDER LICENSED BARBER-TEACHERS] IN BARBER SHOPS § 3.71. Curriculum.
(a) Schedule. Every [barber-teacher who is teaching a] student shall [instruct the student] be instructed in accordance with the following schedule:
Subject Approximate Hours * * * * * Shaving and various uses of the straight razor 240 * * * * * (b) Practical work.
(1) Each student [studying under a licensed barber-teacher] shall perform the following amount of practical work during his training:
Approximate Subject Hours Permanent waves 50 Color 50 Haircuts 200 Shaves 150 Massages (facial) [100] 50 [Shampoos] Shampoo [100] 50 Total operations 550 * * * * * (d) Examination.
(1) If a licensed cosmetologist wishes to take the barber examination, the cosmetologist shall have successfully completed the following subjects:
Approximate Subject Hours [Laws] State Barber laws, rules and regulations 50 [Cutting and styling] Haircutting, hairstyling and hairpieces 330 * * * * *
Honing [-] and stropping 50 * * * * * § 3.72. Student's records.
(a) [Every licensed barber-teacher under whom a student is studying shall keep, at all times and] Student records shall be kept for inspection by the Board's representative, [a file of the student regarding] which shall include proofs of age, education, blood test results, daily attendance and progress. The file shall be provided to the student at the student's request. The file shall be maintained for at least 5 years, beginning with the date when the student studies in the shop. If the shop is closed within this 5-year period, the student's file shall be forwarded to the Board and the student shall be so notified by the shop.
(b) A barber manager or teacher who is training a student under subsection (a) shall keep quarterly reports of the hours earned by the student. The quarterly reports shall be provided to the student upon request.
§ 3.73. Books.
Library and textbooks for teaching students shall include adequate books needed by the students. Among these shall be included a medical dictionary and a standardized textbook on barbering. [, one Gray's Anatomy and one of the following:
(1) Standardized Textbook on Barbering, published by the Associated Master Barbers and Beauticians of America.
(2) Practical and Scientific Barbering, published by the Journeymen Barbers' International Union of America.
(3) Modern Textbook on Barbering by S.C. Thorpe, published by the Milady Publishing Corporation.
(4) Manual on Barber Practice and Science, published by the Milady Publishing Corporation.]
SCHOOLS OF BARBERING § 3.84. Space.
Clinic rooms shall be a minimum length of at least 10 feet for the first chair and 5 [feet for each additional chair] additional feet centerpoint between each additional chair with a minimum width of 12 feet for one row of chairs. Where two rows of chairs are opposite of each other, the room shall be a minimum of 20 feet wide.
§ 3.85. Equipment.
(a) Every barber school shall have the following equipment for each school:
* * * * * (5) [Ultra violet ray lamps.
(6)] One microscope.
[(7)] (6) One twin vibrator [for each instructor].
[(8)] (7) [Medical dictionaries and Gray's Anatomy] One medical dictionary.
[(9)] (8) * * *
[(10)] (9) * * *
[(11)] (10) * * *
[(12)] (11) One electric lather mixer for every [five] ten students.
[(13)] (12) * * *
(b) Every barber school shall have the following equipment for each student:
* * * * * (10) [Three] Two razors, at least one of which is nondisposable.
* * * * * § 3.86. Maintenance and sterilization.
* * * * * (b) [Tools and instruments, such as razors, tweezers, combs, hairbrushes, rubber, discs, parts of vibrators or massaging machines, and all other utensils or appliances that come into contract with the neck, face or head shall be cleaned immediately after each use and shall be sterilized. Instruments may be sterilized by immersing in disinfecting solution equal to 5% solution of carbolic acid or alcohol solution of at least 70% strength for at least 1 minute before serving each patron. Shaving mugs and brushes shall be thoroughly rinsed in boiling water before each separate use. Any method of sterilization that is bacteriologically effective will be permitted.] All equipment and implements that come into contact with a patron's skin, scalp or hair shall be subject to the following procedure following each patron use:
(1) Step 1: Cleanse. All debris shall be removed and the objects washed with soap and water.
(2) Step 2: Disinfect. The cleansed objects shall be disinfected by complete immersion in an EPA registered bactericidal, virucidal, fungicidal and tuberculocidal disinfectant that is mixed and used according to the manufacturer's directions.
(3) Step 3: Rinse and dry. The cleansed and disinfected objects shall be rinsed with clean water and dried with a clean towel.
(4) Step 4: Store. The cleansed, disinfected rinsed and dried objects shall be stored in a clean, dry and closed container clearly marked as such. Sharp instruments shall be stored upright with the points down.
(c) Only cleansed, disinfected, and rinsed equipment and implements properly stored shall be used on patrons.
(d) Equipment and implements which have been dropped onto the floor or any other unclean surface shall be subjected to the four-step cleanse/disinfect/rinse and dry/store procedure prior to any patron use.
[(c)] (e) Only freshly laundered and [sterilized] sanitized towels kept in a closed dustproof container shall be used for each patron. The headrest of a barber chair shall be covered with a freshly laundered towel or fresh paper for each patron. A newly laundered towel or fresh paper shall be placed about the neck to prevent the hair cloth from touching the skin when cutting the hair of a person. Towels used on each patron shall be discarded in a closed receptacle, and may not be left lying on a workbench or washbowl.
[(d)] (f) * * *
§ 3.87. Student's records.
(a) * * *
(b) Each school shall keep quarterly reports of the hours earned by the student. The quarterly reports shall be provided to the student upon request.
§ 3.88. Supervisor and teachers.
(a) The school shall, at all times, be under the immediate supervision of a [supervisor who possesses the following qualifications:
(1) A teacher's certificate of registration.
(2) A verified record of at least 5 years practical experience in a registered barbershop and 1 year of satisfactory experience in teaching] licensed teacher.
* * * * * § 3.90. Student curriculum.
* * * * * (c) Every barber school is required to instruct students in barber science as follows:
Approximate Subject Hours * * * * * Shaving and various uses of the straight razor 240 * * * * *
[Pa.B. Doc. No. 01-902. Filed for public inspection May 25, 2001, 9:00 a.m.]
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