PROPOSED RULEMAKING
STATE BOARD OF COSMETOLOGY
[49 PA. CODE CH. 7]
Sanitation/Disinfection
[32 Pa.B. 5279] The State Board of Cosmetology (Board) proposes to amend § 7.1 by adding new definitions and by amending §§ 7.71, 7.71a, 7.71b, 7.91, 7.92 7.94, 7.114 and 7.129 to reflect current knowledge and procedures for sanitation and disinfection in cosmetology, cosmetician and manicuring salons and cosmetology schools, and to remove several minimum equipment requirements not necessary for public health or safety.
Effective Date
The proposed rulemaking will be effective upon publication of a final-form rulemaking in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized under sections 11 and 14 of the Beauty Culture Law (act) (63 P. S. §§ 517 and 520).
Background and Purpose
The purpose of the proposed rulemaking is to update and implement standards for disinfection and sanitation that reflect current knowledge and practices for preventing the spread of pathogens in cosmetology, cosmetician and manicuring salons and cosmetology schools.
The Board has jurisdiction over sanitation and disease control measures in cosmetology, manicuring and cosmetician shops. Under section 14 of the act, the Board is required to establish sanitary rules for licensed shops which are designed to prevent the creation or spread of infectious disease. The substantive requirements of the Board's regulations on sanitation and disease control were last amended in 1975. 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 disease transmission. Also, the generally accepted terminology for controlling the spread of disease has been revised to more precisely reflect the level of disease control. These terms are now commonly used on products and in State and Federal regulations. The proposed rulemaking will conform the Board's regulations to those standards and make it easier for shop owners and managers to comply with both State and Federal standards.
First, the Board proposes to delete 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 general rule for controlling the spread of infectious diseases in nonhospital settings, such as beauty salons, is that surfaces of equipment should be both cleaned and disinfected. The Environmental Protection Agency regulates and registers chemicals and products which disinfect. These changes are reflected in the definitions added to § 7.1.
The Board also proposes new requirements concerning the cleaning and disinfection of whirlpool footspas and noncirculating footspas. These new requirements are similar to those enacted in California in May 2001.
Finally, the Board proposes to revise the minimum equipment for shops to eliminate three requirements. The Board has determined the requirements are not necessary for the health and safety of licensees or clients.
Description of Proposed Amendments
Sanitation/Disinfection
As sterilization is not required of tools and instruments used in cosmetology salons or schools or cosmetician or manicuring salons, references to sterilization have been removed. Section 7.1 (relating to definitions) contains definitions for ''cleanse,'' ''disinfect'' and ''EPA registered disinfectant.''
Section 7.91 (relating to sanitation and safety generally) would be amended to require safe storage of sharp implements.
Section 7.92 (relating to sterilization of equipment) contains the primary requirements for sanitation and disinfection of equipment and implements, which must be subjected to a four-step cleanse/disinfect/rinse and dry/store procedure and adds new requirements for cleaning and disinfecting both circulating and noncirculating footspas.
Section 7.94 (relating to sanitary use of supplies) would be amended to reflect the new cleanse and disinfection requirement, as opposed to sterilization.
Minimum Equipment Requirements
Sections 7.71, 7.71a, 7.71b and 7.114 concern minimum equipment and supplies for cosmetology shops, cosmetician shops, manicuring shops and schools. These sections have been amended to delete requirements the Board believes unnecessary for health and safety and make editorial changes.
The Board proposes to delete the requirements for dry sterilizers in licensed shops. Shops would be required to have wet disinfection containers and dry storage containers.
Compliance with Executive Order 1996-1
In accordance with Executive Order 1996-1, ''Regulatory Review and Promulgation,'' the Board solicited input from the regulated community as well as the Pennsylvania Cosmetology Association, the Pennsylvania Association for Vocational Teachers Educating in Cosmetology, the Pennsylvania Association of Private School Administrators, the Pennsylvania Chamber of Commerce, the Arts and Fashion Group, the Beauty and Barber Service Institute, CIDESCO, Get Nailed and RBR Productions, Inc.
The Board reviewed this proposed rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1. The proposed rulemaking addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will have no fiscal impact nor will they impose any additional paperwork requirements on the Commonwealth or its political subdivisions.
Sunset Date
The Board continually monitors its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 10, 2002, the Board submitted a copy of this proposed rulemaking 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 rulemaking, 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. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Board within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed rulemaking to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestion or objections regarding the proposed rulemaking to Deborah B. Eskin, Counsel, State Board of Cosmetology, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Reference No. 16A-454 (Sanitation/Disinfection) when submitting comments.
FRANKLIN K. SCHOENEMAN,
ChairpersonFiscal Note: 16A-454. 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 7. STATE BOARD OF COSMETOLOGY
GENERAL PROVISIONS § 7.1. 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 microorganisms by complete immersion in an Environmental Protection Agency (EPA) registered, bactericidal, virucidal, fungicidal and tuberculocidal disinfectant that is mixed and used according to the manufacturer's directions.
EPA registered disinfectant--A product used to destroy pathogenic microorganisms that is registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (7 U.S.C.A. §§ 136--136y).
* * * * * Noncirculating footspa--A pedicure basin using noncirculating water.
Whirlpool footspa--A pedicure basin using circulating water.
PHYSICAL REQUIREMENTS OF A BEAUTY SHOP § 7.71. Equipment and supplies for a cosmetology shop.
(a) A cosmetology shop with one cosmetologist shall contain the following minimum equipment and supplies [, which is considered the minimum equipment needed for a shop with one cosmetologist]:
* * * * * (2) One [dresserette] styling station with mirror.
* * * * * (8) [One container for hair pins or clips.
(9) One neck strip dispenser.
(10)] A closed storage area for soiled [linen] towels.
[(11)] (9) * * *
[(12)] (10) One closed towel cabinet for clean [linen] towels.
[(13)] (11) One [dry sterilizer] container for wet disinfection.
[(14) One wet sterilizer.
(15) A reception desk.]
(12) One clean, dry and closed container for storage.
(b) For each additional cosmetologist, sufficient supplies and equipment shall be [increased] available so that each cosmetologist can render services safely and efficiently.
§ 7.71a. Equipment and supplies for a cosmetician shop.
(a) A cosmetician shop with one cosmetician shall contain the following minimum equipment and supplies [, which is considered the minimum equipment needed for a shop with one cosmetician]:
* * * * * (2) One [dresserette] styling station with mirror.
* * * * * (5) A closed storage area for soiled [linen] towels.
(6) One closed towel cabinet for clean [linen] towels.
* * * * * (8) One [dry sterilizer] container for wet disinfection.
(9) [One wet sterilizer.
(10)] One magnifying lamp.
[(11) A reception desk.]
(10) One clean, dry and closed container for storage.
(b) For each additional cosmetician, sufficient equipment and supplies shall be [increased] available so that each cosmetician can render services safely and efficiently.
§ 7.71b. Equipment and supplies for a manicuring shop.
(a) A manicuring shop with one manicurist shall contain the following minimum equipment and supplies [, which is considered the minimum equipment needed for a shop with one manicurist]:
* * * * * (6) A closed storage area for soiled [linen] towels.
(7) One closed towel cabinet for clean [linen] towels.
(8) Clean [linen] towels.
(9) One [wet sterilizer] container for wet disinfection.
(10) [One dry sterilizer.
(11) A reception desk.] One clean, dry and closed container for storage.
(b) For each additional manicurist, sufficient equipment and supplies shall be [increased] available so that each manicurist can render services safely and efficiently.
HEALTH AND SAFETY IN SHOPS § 7.91. Sanitation and safety generally.
(a) A shop shall be well lighted and well ventilated.
(b) All areas of the shop, including the floors and lavatories, shall be maintained in a safe, orderly and sanitary condition.
(c) Sharp implements shall be stored upright with the points down or in a protective case.
§ 7.92. [Sterilization of equipment] Sanitation and disinfectant of equipment and implements.
[Razors, tweezers, combs, hairbrushes, and other tools, instruments, utensils and appliances that come into contact with a client shall be sanitized immediately after each use and maintained in a sanitary condition at all times.]
(a) Equipment and implements that come in contact with a client's skin, scalp, hair or nails shall be subject to the following procedure after each client use:
(1) Step 1: Cleanse. All equipment and implements shall first be cleansed.
(2) Step 2: Disinfect. All equipment and implements shall be disinfected following cleaning.
(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. If not immediately used on a client, the cleansed, disinfected, rinsed and dried objects shall be stored in a clean, dry and closed container.
(b) Only cleansed, disinfected, rinsed and dried equipment and implements shall be used on clients.
(c) Equipment and implements which have come in contact with any unclean surface shall be subjected to the cleanse/disinfect/rinse and dry procedure prior to any client use.
(d) The following paragraphs apply to cleaning and disinfecting whirlpool footspas:
(1) Before use upon each patron, each whirlpool footspa shall be cleansed and disinfected in the following manner:
(i) All water shall be drained and all debris removed from the spa basin.
(ii) The spa basin shall be cleansed with soap or detergent and water, and rinsed.
(iii) The spa basin shall be disinfected.
(iv) The spa basin shall be wiped dry with a clean towel.
(2) At the end of each day, each whirlpool footspa shall be cleansed and disinfected in the following manner:
(i) The screen shall be removed, all debris trapped behind the screen removed, and the screen and the inlet cleansed.
(ii) Before replacing the screen, the screen shall be disinfected by one of the following methods:
(A) Flushing with a chlorine bleach solution of 1 teaspoon of 5% chlorine bleach to 1 gallon of water.
(B) Total immersion in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, used according to the manufacturer's instructions.
(iii) The spa system shall be flushed with low sudsing soap and warm water for at least 10 minutes, after which the spa shall be rinsed and drained.
(3) Every other week, after cleansing and disinfecting as provided in paragraph (2), each whirlpool footspa shall be cleansed and disinfected in the following manner:
(i) The spa basin shall be filled completely with water and 1 teaspoon of 5% bleach for each 1 gallon of water.
(ii) The spa system shall be flushed with the bleach and water solution for 5 to 10 minutes and allowed to sit for 6 to 10 hours.
(iii) The spa system shall be drained and flushed with water before use upon a patron.
(4) A record shall be made of the date and time of each cleansing and disinfecting as required by paragraphs (2) and (3), which indicates whether the cleansing was a daily or biweekly cleaning. This record shall be made at or near the time of cleansing and disinfecting. Cleansing and disinfecting records shall be made available upon request by either a patron or a Bureau representative.
(e) The requirements for cleansing and disinfecting noncirculating footspas are set forth in this subsection. Before use upon each patron, each whirlpool footspa shall be cleansed and disinfected in the following manner:
(1) All water shall be drained and all debris removed from the spa basin.
(2) The spa basin shall be cleansed with soap or detergent and water.
(3) The spa basin shall be disinfected.
(4) The spa basin shall be wiped dry with a clean towel.
(f) A violation of this section may result in a citation, a civil penalty or disciplinary action. Each footspa not in compliance with this section may result in a separate violation.
§ 7.94. Sanitary use of supplies.
* * * * * (d) An [article] implement, tool, instrument or utensil that has been dropped on the floor or otherwise rendered unsanitary shall be [sterilized] cleansed and disinfected before it is reused.
LICENSURE AND ADMINISTRATION OF SCHOOLS OF COSMETOLOGY § 7.114. School equipment and supplies.
(a) A school enrolling 25 students or less shall have, at a minimum, the following equipment and supplies:
* * * * * (4) Four [dry sterilizers] containers for wet disinfection.
(5) [Four wet sterilizers.
6)] Four facial chairs.
[(7) Four complete sets of cold wave equipment.]
[(8)] (6) * * *
[(9)] (7) Twelve [dresserettes] styling stations, mirrors and chairs.
[(10)] (8) * * *
[(11)] (9) Four closed containers for soiled [linen] towels.
[(12)] (10) [Three closed] Closed waste containers.
[(13)] (11) * * *
[(14)] (12) One bulletin board [with dimensions of at least 2 feet by 2 feet].
[(15)] (13) One chalkboard [with dimensions of at least 4 feet by 4 feet].
[(16)] (14) One [linen cabinet] closed towel cabinet for clean towels.
[(17)] (15) * * *
[(18)] (16) [Three timer] Timer clocks.
[(19)] (17) * * *
(18) Four clean, dry and closed containers for storage.
(19) One first-aid kit.
(b) These minimum equipment and supply requirements shall increase proportionately as the number of students enrolled in the school increases.
§ 7.129 Curriculum requirements.
(a) Except as provided in subsection (b), a school's cosmetology curriculum, excluding electives, shall comprise 1250 hours, and cover the following subjects; the accompanying breakdown of hours by subject is recommended:
BASIC COSMETOLOGY CURRICULUM
Recommended
HoursProfessional Practices
Bacteriology, [Sterilization], Disinfection,
Sanitation 50* * * * *
[Pa.B. Doc. No. 02-1882. Filed for public inspection October 25, 2002, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
