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CHANGES TO MARYLAND LAW 12/2001

Information About the Maryland Register,
COMAR, and the Maryland Contract Weekly

MARYLAND REGISTER

The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

Issue Date: December 28, 2001
Volume 28 • Issue 26 • Pages 2249—2370

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations
Authority: Business Occupations and Professions Article, §5-205,
Annotated Code of Maryland

                .01 General Requirements.

A. (text unchanged)
B. Every licensee and registrant shall:
        (1) Display a current and valid license in full view of the public at the practitioner's work station;
        (2) Affix a current picture to the license; and
        (3) Have available at all times valid government-issued photographic identification.
C. — I. (text unchanged)

CAROL EVANS
Chairman
Board of Cosmetologists

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations
Authority: Business Occupations and Professions Article, §5-205,
Annotated Code of Maryland

                .01 General Requirements.

A. — I. (text unchanged)
J. The provision of cosmetology, esthetic, or nail technology services in a beauty salon is prima facie evidence that compensation has been, or will be, paid for the services rendered.

CAROL EVANS
Chairman
Board of Cosmetologists

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations
Authority: Business Occupations and Professions Article, §5-205,
Annotated Code of Maryland

                .07 Cosmetologist Apprentice Registration.

A. — B. (text unchanged)
C. A cosmetologist apprentice shall:
        (1) Train at least 20 hours per week for 24 months; and
        (2) Complete the apprenticeship curriculum approved by the Board.
D. — F. (text unchanged)

                .08 Esthetician Apprentice Registration.

A. — B. (text unchanged)
C. Before becoming eligible to take the esthetician examination, an esthetician apprentice shall:
        (1) Train at least 20 hours per week for a minimum of 12 months; and
        (2) Complete the apprenticeship curriculum approved by the Board.
D. — F. (text unchanged)

                .09 Manicurist Apprentice Registration.

A. — B. (text unchanged)
C. Before becoming eligible to take the nail technician examination, a nail technician apprentice shall:
        (1) Train at least 20 hours per week for a minimum of 8 months; and
        (2) Complete the apprenticeship curriculum approved by the Board.
D. — E. (text unchanged)

CAROL EVANS
Chairman
Board of Cosmetologists

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations
Authority: Business Occupations and Professions Article, §5-205,
Annotated Code of Maryland

                .10 Supervision of an Apprentice.

A. A licensee who supervises an apprentice shall:
        (1) Ensure that the apprentice receives:
                (a) At least 20 hours of training per week; and
                (b) The required theory and practical training;
        (2) — (4) (text unchanged)
B. Unless the Board determines that exceptional circumstances exist, if a monthly report required by §A(2) of this regulation is not received by the Board within 90 days of the completion of the apprentice training:
        (1) The report may not be received by the Board; and
        (2) Credit may not be given for the training.

CAROL EVANS
Chairman
Board of Cosmetologists

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations
Authority: Business Occupations and Professions Article, §5-205,
Annotated Code of Maryland

                .12 Examinations.

A. — F. (text unchanged)
G. Passing Examination.
        (1) In order to be certified as passing an examination, a candidate shall:
                (a) Receive a score of 75 percent or more on the practical portion of the examination;
                (b) — (c) (text unchanged)
        (2) — (3) (text unchanged)

CAROL EVANS
Chairman
Board of Cosmetologists

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.02 Beauty Salons
Authority: Business Occupations and Professions Article,
§§5-205 and 5-101,
Annotated Code of Maryland

            .04 Sanitation Requirements — General.

A. (text unchanged)
B. Sanitation Provisions.
        (1) — (5) (text unchanged)
        (6) All hair, nail service debris, cotton, or other waste material shall be removed from the floor without delay and deposited in a closed container and removed from the premises frequently.
        (7) — (8) (text unchanged)
        (9) The hands of a licensee or registrant shall be washed before attending each client.
        (10) (text unchanged)
        (11) Implements used in direct contact with a client shall be washed in hot, soapy water before being immersed in a disinfectant solution as specified in §B(12) of this regulation.
        (12) Implements shall be disinfected in a wet sanitizer containing an EPA-registered disinfectant effective against HIV and hepatitis viruses, or a hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the implements that come in direct contact with a client.
        (13) — (32) (text unchanged)
        (33) Scissors, trimmers, clippers, and other implements which cannot be immersed in a disinfectant shall be cleaned and sprayed with an EPA-registered antimicrobial spray after each use.

                .05 Sanitation Requirements — Estheticians.

A. (text unchanged)
B. Sanitation Requirements.
        (1) — (6) (text unchanged)
        (7) An EPA-registered disinfectant effective against HIV and hepatitis viruses or a hospital-grade tuberculocidal disinfectant shall be:
            (a) Kept on the esthetician tray for contact disinfection of implements that may come in contact with blood; and
            (b) Changed every 1 to 2 hours, or immediately upon becoming dirty, cloudy, or contaminated with blood.
        (8) (text unchanged)

                .06 Sanitation Requirements — Nail Technician Services.

A. In addition to the sanitation requirements in Regulation .04 of this chapter, all establishments offering the services normally performed by a nail technician shall comply with the requirements in §B of this regulation.
B. Sanitation Requirements.
        (1) Finger bowls, manicure bowls, pedicure spas, and foot bath basins shall be disinfected after each client with:
                (a) An EPA-registered disinfectant effective against HIV and hepatitis viruses; or
                (b) A hospital-grade tuberculocidal disinfectant.
        (2) Oils used in a nail technology procedure shall be dropped onto a properly disinfected hand with a glass or plastic dropper, and any excess remaining after application shall be immediately discarded.
        (3) The manicure table and surrounding areas shall be maintained in a sanitary condition at all times.
        (4) Table tops, armrests, footrests, and any other surface that the client has physical contact with shall be disinfected after each client with:
            (a) An EPA-registered disinfectant effective against HIV and hepatitis viruses; or
            (b) A hospital-grade tuberculocidal disinfectant.
        (5) A clean towel or disposable paper cover shall be placed over the manicure cushion and footrest and changed before each client.
        (6) An emery board or disposable file shall be discarded after its use on a client.
        (7) Except as provided in Regulation .04B(33) of this chapter, all implements used by a nail technician shall be cleansed in hot, soapy water and then immersed in a disinfecting solution as specified in Regulation .04B(12) of this chapter before reuse.
        (8) An EPA-registered disinfectant effective against HIV and hepatitis viruses or a hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the implements that come in direct contact with the client shall be:
                (a) Kept on the licensee's or registrant's table for contact disinfection of implements that may come in contact with blood; and
                (b) Changed immediately upon becoming dirty, cloudy, or contaminated with blood.
        (9) A complete set of manicuring implements shall be:
                (a) Properly cleansed and disinfected, as specified in Regulation .04B(12) of this chapter, after use on a client; and
                (b) Stored in an air-tight container or a wet sanitizer containing a disinfectant as specified in Regulation .04B(12) of this chapter.
        (10) A sanitizable or washable file shall be properly disinfected, as specified in Regulation .04B(12) of this chapter, after each use.
        (11) When paraffin wax is used:
                (a) A client shall be free of broken skin or any skin disorder;
                (b) Hands or feet of a client shall be properly disinfected before being dipped into paraffin wax;
                (c) Hands or feet shall be covered with disposable plastic coverings after being dipped into the wax and before covering with cloth mitts, boots, or towels;
                (d) Cloth mitts or towels used in paraffin wax services shall be kept in a closed container;
                (e) Paraffin wax that has been removed from a client's hands or feet shall be discarded after each use; and
                (f) Paraffin wax shall be kept free of any debris and in a sanitary manner at all times.
        (12) Sanding bands used on electric file mandrels are for single use purposes and shall be disposed of after each use.
        (13) Electric Files.
                (a) Only electric files specifically manufactured for use in the nail technology industry shall be used during the performance of nail technology services.
                (b) Modified craft and hobby drills may not be used during the performance of nail technology services.
        (14) Metal bits for electric files shall be properly disinfected after each client with an approved disinfectant as specified in Regulation .04B(12) of this chapter.
        (15) Only bits specifically manufactured for use on the nail plate itself shall be used on the natural nail.
        (16) Metal bits and sanding bands shall be used only on the surface of artificial nail enhancement products.
        (17) During acrylic nail services, both the technician and client shall wear protective eye glasses or goggles when acrylic is being clipped, filed, or shaped.
        (18) Artificial nail products:
                (a) Shall be removed by using a solvent; and
                (b) May not be pulled off the nail plate by the nail technician.

CAROL EVANS
Chairman
Board of Cosmetologists

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.03 Schools
Authority: Business Occupations and Professions Article, §5-205,
Annotated Code of Maryland

                .03 Sanitation Requirements — General.

A. A cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission shall comply with the sanitation provisions in §B of this regulation.
B. Sanitary Provisions.
        (1) — (5) (text unchanged)
        (6) All hair, nail service debris, cotton, or other waste material shall be removed from the floor without delay and deposited in a closed container and removed from the premises frequently.
        (7) — (8) (text unchanged)
        (9) The hands of a student shall be washed before attending each client.
        (10) Surgical latex gloves shall be worn if a student has a cut or open wound.
        (11) Implements used in direct contact with a client shall be washed in hot, soapy water before being immersed in a disinfectant solution as specified in §B(12) of this regulation.
        (12) Implements shall be disinfected in a wet sanitizer containing an EPA-registered disinfectant effective against HIV and hepatitis viruses, or a hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the implements that come in direct contact with a client.
        (13) — (32) (text unchanged)
         (33) Scissors, trimmers, clippers, and other implements which cannot be immersed in a disinfectant shall be cleaned and sprayed with an EPA-registered antimicrobial spray after each use.

                .04 Sanitation Requirements — Estheticians.

A. In addition to the sanitation requirements in Regulation .03 of this chapter, a  cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission that offers cosmetology services normally performed by an esthetician shall comply with the sanitation requirements in §B of this regulation.
B. Sanitation Requirements.
        (1) — (6) (text unchanged)
        (7) An EPA-registered disinfectant effective against HIV and hepatitis viruses or a hospital-grade tuberculocidal disinfectant shall be:
                (a) Kept on the esthetician tray for contact disinfection of implements that may come in contact with blood; and
                (b) Changed every 1 to 2 hours, or immediately upon becoming dirty, cloudy, or contaminated with blood.
        (8) (text unchanged)

                .05 Sanitation Requirements — Nail Technician Services.

A. In addition to the sanitation requirements in Regulation .03 of this chapter, a cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission that offers cosmetology services normally performed by a nail technician shall comply with the requirements of §B of this regulation.
B. Sanitation Requirements.
        (1) Finger bowls, manicure bowls, pedicure spas, and foot bath basins shall be disinfected after each client with:
                (a) An EPA-registered disinfectant effective against HIV and hepatitis viruses; or
                (b) A hospital-grade tuberculocidal disinfectant.
        (2) Oils used in a nail technology procedure shall be dropped onto a properly disinfected hand with a glass or plastic dropper, and any excess remaining after application shall be immediately discarded.
        (3) The manicure table and surrounding areas shall be maintained in a sanitary condition at all times.
        (4) Table tops, armrests, footrests, and any other surface that the client has physical contact with shall be disinfected after each client with:
                (a) An EPA-registered disinfectant effective against HIV and hepatitis viruses; or
                (b) A hospital-grade tuberculocidal disinfectant.
        (5) A clean towel or disposable paper cover shall be placed over the manicure cushion and footrest, and changed before each client.
        (6) An emery board or disposable file shall be discarded after its use on a client.
        (7) Except as provided in Regulation .03B(33) of this chapter, all implements used by a nail technician student shall be cleansed in hot, soapy water and then immersed in a disinfecting solution as specified in Regulation .03B(12) of this chapter before reuse.
        (8) An EPA-registered disinfectant effective against HIV and hepatitis viruses or a hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the implements that come in direct contact with the client shall be:
                (a) Kept on the student's table for contact disinfection of implements that may come in contact with blood; and
                (b) Changed immediately upon becoming dirty, cloudy, or contaminated with blood.
        (9) A complete set of manicuring implements shall be:
                (a) Properly cleansed and disinfected, as specified in Regulation .03B(12) of this chapter, after use on a client; and
                (b) Stored in an air-tight container or a wet sanitizer containing a disinfectant as specified in Regulation .03B(12) of this chapter.
        (10) A sanitizable or washable file shall be properly disinfected, as specified in Regulation .03B(12) of this chapter, after each use.
        (11) When paraffin wax is used:
                (a) The client shall be free of broken skin or any skin disorder;
                (b) The hands or feet of the client shall be properly disinfected before being dipped into paraffin wax;
                (c) Hands or feet shall be covered with disposable plastic coverings after being dipped into the wax and before covering with cloth mitts, boots, or towels;
                (d) Cloth mitts or towels used in paraffin wax services shall be kept in a closed container;
                (e) Paraffin wax that has been removed from the client's hands or feet shall be discarded after each use; and
                (f) Paraffin wax shall be kept free of any debris and in a sanitary manner at all times.
        (12) Sanding bands used on electric file mandrels are for single use purposes and shall be disposed of after each use.
        (13) Electric Files.
                (a) Only electric files specifically manufactured for use in the nail technology industry shall be used during the performance of nail technology services.
                (b) Modified craft and hobby drills may not be used during the performance of nail technology services.
        (14) Metal bits for electric files shall be properly disinfected after each client with an approved disinfectant as specified in Regulation .03B(12) of this chapter.
        (15) Only bits which are specifically manufactured for use on the nail plate itself shall be used on the natural nail.
        (16) Metal bits and sanding bands shall be used only on the surface of artificial nail enhancement products.
        (17) During acrylic nail services, both the technician and client shall wear protective eye glasses or goggles when acrylic is being clipped, filed, or shaped.
        (18) Artificial nail products:
                (a) Shall be removed by using a solvent; and
                (b) May not be pulled off the nail plate by the nail technician student.

CAROL EVANS
Chairman
Board of Cosmetologists