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-IR- Database: Indiana Register

TITLE 820 STATE BOARD OF COSMETOLOGY AND BARBER EXAMINERS

Proposed Rule
LSA Document #12-64

DIGEST

Amends 820 IAC 2-1-1 concerning transfer of licenses prohibited. Adds 820 IAC 2-1-1.1 concerning barbering in a mobile salon. Amends 820 IAC 2-1-6 concerning signs requirements for cosmetology salons, electrology salons, manicurist salons, esthetic salons, and mobile salons. Adds 820 IAC 2-1-6.5 concerning license display requirements for mobile salons. Adds 820 IAC 2-1-6.6 concerning license display requirements for beauty culture professionals. Amends 820 IAC 2-1-7 concerning addresses and contact information for cosmetology salons, electrology salons, manicurist salons, esthetic salons, and mobile salons. Amends 820 IAC 3-1-1 concerning scope. Amends 820 IAC 3-1-4 concerning work stations; covered waste receptacle. Amends 820 IAC 3-1-13 concerning separate room for electrology. Amends 820 IAC 3-1-14 concerning electrology equipment; salons. Amends 820 IAC 3-1-16 concerning manicurist equipment; salons. Amends 820 IAC 3-1-17 concerning no pets; cosmetology schools, cosmetology salons, electrology salons, manicurist salons, esthetic salons, and mobile salons. Adds 820 IAC 3-1-18 concerning mobile salon application requirements. Adds 820 IAC 3-1-19 concerning mobile salon requirements for self-contained facilities. Adds 820 IAC 3-1-20 concerning safety and sanitary requirements for mobile salons that are self-contained. Amends 820 IAC 3-2-1 concerning scope. Amends 820 IAC 3-2-10 concerning esthetics; separate room. Amends 820 IAC 3-2-23 concerning additional requirements. Amends 820 IAC 7-1-1 concerning application/issuance fees. Effective 30 days after filing with the Publisher.




SECTION 1. 820 IAC 2-1-1 IS AMENDED TO READ AS FOLLOWS:

820 IAC 2-1-1 Transfer of licenses prohibited

Authority: IC 25-8-3-23


Sec. 1. (a) Under IC 25-8-4-4, licenses issued by the board may not be transferred. Accordingly:
(1) cosmetology schools;
(2) cosmetology salons;
(3) electrology salons;
(4) manicurist salons; and
(5) esthetic salons;
(6) barber shops;
(7) barber schools; and
(8) mobile salons;
may not operate under new ownership or in a new location until a new license has been issued by the board.

(b) Subsection (a) does not apply to cosmetology salons changing locations if approved by the board under IC 25-8-4-4.

(c) Temporary permits or licenses for new salons will not be issued without board approval when the new salon is located in the same location where another salon has operated on probation or under sanctions imposed under IC 25-1-11-12.
(State Board of Cosmetology and Barber Examiners; 820 IAC 2-1-1; filed Feb 23, 1990, 5:00 p.m.: 13 IR 1401, eff Apr 1, 1990; filed Dec 3, 1991, 11:00 a.m.: 15 IR 561; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; filed Feb 12, 2010, 2:58 p.m.: 20100310-IR-820080935FRA)


SECTION 2. 820 IAC 2-1-1.1 IS ADDED TO READ AS FOLLOWS:

820 IAC 2-1-1.1 Mobile salons

Authority: IC 25-8-3-23
Affected: IC 25-8-2-15.5


Sec. 1.1. In addition to those services permitted in mobile salons under IC 25-8-2-15.5, mobile salons may also be licensed for the practice of barbering.
(State Board of Cosmetology and Barber Examiners; 820 IAC 2-1-1.1)


SECTION 3. 820 IAC 2-1-6 IS AMENDED TO READ AS FOLLOWS:

820 IAC 2-1-6 Signs requirements for cosmetology salons, electrology salons, manicurist salons, esthetic salons, and mobile salons

Authority: IC 25-8-3-23; IC 25-8-7-8
Affected: IC 25-8


Sec. 6. (a) A person holding: a:
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) a manicurist salon license; or
(4) an esthetic salon license; or
(5) a mobile salon license;
shall display a clearly visible sign at the main public entrance of the salon or the self-contained mobile salon.

(b) The sign must:
(1) be clearly visible at the main public entrance;
(2) state in legible printing the name of the establishment; and
(3) state that the establishment is licensed as: a:
(A) a cosmetology salon;
(B) an electrology salon;
(C) a manicurist salon; or
(D) an esthetic salon; or
(E) a mobile salon.
(State Board of Cosmetology and Barber Examiners; 820 IAC 2-1-6; filed Dec 3, 1991, 11:00 a.m.: 15 IR 562; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA)


SECTION 4. 820 IAC 2-1-6.5 IS ADDED TO READ AS FOLLOWS:

820 IAC 2-1-6.5 License display requirements for mobile salons

Authority: IC 25-8-3-23; IC 25-8-4-13
Affected: IC 25-8


Sec. 6.5. In addition to the requirements of IC 25-8-4-13, a person holding a mobile salon license
shall display the license in a conspicuous place in the mobile salon or the licensee's work space in a mobile salon that is not self-contained.
(State Board of Cosmetology and Barber Examiners; 820 IAC 2-1-6.5)


SECTION 5. 820 IAC 2-1-6.6 IS ADDED TO READ AS FOLLOWS:

820 IAC 2-1-6.6 License display requirements for beauty culture professionals

Authority: IC 25-8-3-23; IC 25-8-4-13
Affected: IC 25-8


Sec. 6.6. In addition to the requirements of IC 25-8-4-13, a person holding a beauty culture professional license shall display the license in a conspicuous place in the mobile salon or the licensee's work space in a mobile salon that is not self-contained.
(State Board of Cosmetology and Barber Examiners; 820 IAC 2-1-6.6)


SECTION 6. 820 IAC 2-1-7 IS AMENDED TO READ AS FOLLOWS:

820 IAC 2-1-7 Addresses and contact information for cosmetology salons, electrology salons, manicurist salons, esthetic salons, and mobile salons

Authority: IC 25-8-3-23
Affected: IC 25-8-4-2


Sec. 7. (a) Applications for cosmetology salon, electrology salon, manicurist salon, and esthetic salon licenses shall include both the applicant's mailing address and the actual location of the salon, if different than the mailing address.

(b) Applications for mobile salon licenses shall include both the applicant's mailing address and the permanent address where records of appointments and license numbers of employees are kept, if different than the mailing address.

(c) Applicants for mobile salon licenses shall provide the applicant's mobile telephone number.
(State Board of Cosmetology and Barber Examiners; 820 IAC 2-1-7; filed Dec 3, 1991, 11:00 a.m.: 15 IR 562; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA)


SECTION 7. 820 IAC 3-1-1 IS AMENDED TO READ AS FOLLOWS:

820 IAC 3-1-1 Scope

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 1. (a) This rule establishes sanitary and equipment requirements for cosmetology schools, cosmetology salons, electrology salons, and manicurist salons, and mobile salons.

(b) Unless otherwise stated, all the requirements in this rule are applicable to both cosmetology schools, and cosmetology salons, and mobile salons. Mobile salons that are not self-contained facilities shall have adequate equipment to perform the services at the temporary location.

(c) Sections 8, 12, 13, 14, and 17 of this rule apply to electrology salons and mobile salons offering electrology services.

(d) Sections 8 and 15 through 17 of this rule apply to manicurist salons and mobile salons offering manicuring services.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-1-1; filed Feb 23, 1990, 5:00 p.m.: 13 IR 1402, eff Apr 1, 1990; filed Dec 3, 1991, 11:00 a.m.: 15 IR 563; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA)


SECTION 8. 820 IAC 3-1-4 IS AMENDED TO READ AS FOLLOWS:

820 IAC 3-1-4 Work stations; covered waste receptacle

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 4. (a) Cosmetology salons and self-contained mobile salons shall be supplied with at least one (1) covered waste receptacle for every four (4) workstations.

(b) As used in subsection (a), workstations refers to booths and chairs, other than waiting room chairs.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-1-4; filed Feb 23, 1990, 5:00 p.m.: 13 IR 1403, eff Apr 1, 1990; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; filed Feb 12, 2010, 2:58 p.m.: 20100310-IR-820080935FRA)


SECTION 9. 820 IAC 3-1-13 IS AMENDED TO READ AS FOLLOWS:

820 IAC 3-1-13 Electrology; separate room

Authority: IC 25-8-3-23
Affected: IC 25-8-7; IC 25-8-14


Sec. 13. (a) Where electrology is provided, the cosmetology salon, self-contained mobile salon, or cosmetology school shall maintain a separate room for such the practice which that is used exclusively for electrology services.

(b) The room required under subsection (a) shall be surrounded by ceiling to floor walls and accessed only by closing doors.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-1-13; filed Feb 23, 1990, 5:00 p.m.: 13 IR 1404, eff Apr 1, 1990; filed Dec 3, 1991, 11:00 a.m.: 15 IR 565; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA)


SECTION 10. 820 IAC 3-1-14 IS AMENDED TO READ AS FOLLOWS:

820 IAC 3-1-14 Electrology equipment; salons

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 14. (a) Electrology salons, or cosmetology salons, or self-contained mobile salons practicing electrology shall have the following equipment:
(1) At least one (1) sink or bowl with hot and cold running water.
(2) At least one (1) treatment table.
(3) At least one (1) treatment stool.
(4) At least one (1) lamp.
(5) At least one (1) closed cabinet for storage of clean linens.
(6) At least one (1) closed hamper for storage of soiled linens.
(7) At least one (1) covered waste receptacle.
(8) At least twelve (12) pairs of disposable rubber gloves.
(9) At least one (1) face mask.
(10) At least one (1) steam autoclave sterilizer or at least one (1) dry heat sterilizer.
(11) At least twelve (12) sterile needles.
(12) At least six (6) pair pairs of tweezers.
(13) At least one (1) epiletor. epilator.
(14) At least twelve (12) clean coverings for chair and table where electrology is performed.
(15) At least twelve (12) clean drapings for securing between electrologist and customer during an electrology session.
(16) At least one (1) bottle for skin sanitizing agent.
(17) At least one (1) bottle of residue detergent or one (1) bottle of solution having at least seventy percent (70%) alcohol.
(18) At least one (1) covered container each for supplies such as cotton, lip rolls, etc.

(b) Mobile salons that are not self-contained facilities shall have adequate equipment to perform the services at the temporary location.

(b) (c) Regardless of the minimum requirements established in subsection (a), electrology salons, or cosmetology salons practicing electrology, or self-contained mobile salons must have whatever equipment is needed to adequately serve their customers and otherwise comply with IC 25-8 and this title.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-1-14; filed Dec 3, 1991, 11:00 a.m.: 15 IR 565; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA)


SECTION 11. 820 IAC 3-1-16 IS AMENDED TO READ AS FOLLOWS:

820 IAC 3-1-16 Manicurist equipment; salons

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 16. (a) Manicurist salons, or cosmetology salons, or self-contained mobile salons practicing manicuring shall have at least the following equipment:
(1) One (1) sink or bowl with hot and cold running water.
(2) One (1) manicuring table.
(3) Two (2) chairs.
(4) One (1) lamp.
(5) One (1) wet disinfectant.
(6) One (1) manicure bowl.
(7) One (1) dry sanitizer.
(8) One (1) closed cabinet or drawer for storage of clean towels.
(9) One (1) closed hamper for storage of soiled towels.
(10) One (1) covered waste receptacle.
(11) Twelve (12) towels.
(12) One (1) pair of cuticle nippers.
(13) One (1) pair of fingernail clippers.
(14) One (1) pair of toenail clippers.
(15) Six (6) nail files.
(16) One (1) nail brush.
(17) One (1) nail pusher.
(18) If pedicure services are offered, one (1) pedicure basin, tub, or footbath.

(b) Mobile salons that are not self-contained facilities shall have adequate equipment to perform the services at the temporary location.

(b) (c) Regardless of the minimum requirements established in subsection (a), manicuring salons, or cosmetology salons, or self-contained mobile salons practicing manicuring must have whatever additional equipment is needed to adequately serve their customers and otherwise comply with IC 25-8 and this title.

(c) (d) The use of razor devices to shave, reduce, or remove calluses or corns is prohibited.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-1-16; filed Dec 3, 1991, 11:00 a.m.: 15 IR 566; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; filed Feb 12, 2010, 2:58 p.m.: 20100310-IR-820080935FRA)


SECTION 12. 820 IAC 3-1-17 IS AMENDED TO READ AS FOLLOWS:

820 IAC 3-1-17 No pets; cosmetology schools, cosmetology salons, electrology salons, manicurist salons, esthetic salons, and self-contained mobile salons

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 17. (a) Cosmetology schools, cosmetology salons, electrology salons, esthetician salons, and manicurist salons, and self-contained mobile salons are prohibited from allowing pets on the premises.

(b) In compliance with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), animals classified as service animals under 28 CFR 36.104 are not prohibited from being on the premises.

(c) A person holding a cosmetology school or cosmetology salon license, electrology salon license, esthetician salon or a license, manicurist salon license, or a mobile salon license shall display a sign at the entrance of the salon, self-contained mobile salon, or school that states "no pets allowed".
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-1-17; filed Dec 3, 1991, 11:00 a.m.: 15 IR 566; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; filed Feb 12, 2010, 2:58 p.m.: 20100310-IR-820080935FRA)


SECTION 13. 820 IAC 3-1-18 IS ADDED TO READ AS FOLLOWS:

820 IAC 3-1-18 Mobile salon application requirements

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 18. (a) Any person, firm, or corporation applying for a mobile salon license that intends to practice in a self-contained mobile salon shall file a verified application with the board to include the following:
(1) Affirmation of compliance with applicable city, county, and state laws and ordinances, including fire and zoning.
(2) Affirmation of a valid Indiana driver license issued to the person responsible for driving the mobile salon.
(3) The permanent address of the physical location where records of appointments, license numbers of employees, and the vehicle identification number of the mobile salon that is self-contained are kept.
(4) The required fee.

(b) Any person, firm, or corporation applying for a mobile salon license that intends to practice without using a self-contained mobile salon shall file a verified application with the board to include the permanent physical address where records of appointments and license numbers of employees are kept.

(c) Mobile salons shall be inspected by the board prior to issuance of the license.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-1-18)


SECTION 14. 820 IAC 3-1-19 IS ADDED TO READ AS FOLLOWS:

820 IAC 3-1-19 Self-contained mobile salon requirements

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 19. (a) Each self-contained mobile salon shall be equipped with the following:
(1) A self-contained, portable water supply of at least one hundred (100) gallons in holding tanks with gauges indicating levels in the tanks and reserve capabilities. If the portable water supply is depleted, operation must cease until the supply is replenished.
(2) Continuous, on-demand hot water.
(3) At least one (1) state fire marshal approved fire extinguisher must be mounted in public view.

(b) A self-contained mobile salon shall:
(1) comply with all state, county, and local laws and ordinances; and
(2) follow the manufacturer's instructions when the mobile facility is stationary to ensure it is securely parked and stable.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-1-19)


SECTION 15. 820 IAC 3-1-20 IS ADDED TO READ AS FOLLOWS:

820 IAC 3-1-20 Self-contained mobile salon safety and sanitation requirements

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 20. (a) A self-contained mobile salon shall be under the personal supervision of a person who has at least six (6) months experience as a licensed beauty culture professional.

(b) No person having charge of a self-contained mobile salon, whether as an owner or an employee, shall permit any room, or part thereof, in which:
(1) cosmetology;
(2) manicuring;
(3) esthetics;
(4) electrology; or
(5) barbering;
is practiced, to be used for residential purposes or for any other purpose that would tend to make the unit unsanitary, unsafe, or endanger the health and safety of the consumer.

(c) The:
(1) floors;
(2) carpeting;
(3) walls;
(4) ceiling;
(5) furniture;
(6) equipment; and
(7) contents;
of the self-contained mobile salon shall be kept clean and in good repair at all times.

(d) All storage cabinet doors must be secured by the use of spring struts or friction catches.

(e) All equipment must be securely anchored to the establishment.

(f) The self-contained mobile salon must be handicap accessible.

(g) No services may be performed while the self-contained mobile salon is in motion.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-1-20)


SECTION 16. 820 IAC 3-2-1 IS AMENDED TO READ AS FOLLOWS:

820 IAC 3-2-1 Scope

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 1. (a) This rule establishes sanitary and equipment requirements for the following:
(1) Esthetic salons.
(2) Cosmetology salons where esthetic services are provided. and
(3) Mobile salons where esthetic services are provided.
(4) Cosmetology schools teaching esthetics.

(b) Unless otherwise stated, all the requirements in this rule are applicable to the following:
(1) Esthetic salons.
(2) Cosmetology salons where esthetic services are provided. and
(3) Mobile salons where esthetic services are provided.
(4) Cosmetology schools teaching esthetics.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-2-1; filed Dec 3, 1991, 11:00 a.m.: 15 IR 566; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA)


SECTION 17. 820 IAC 3-2-10 IS AMENDED TO READ AS FOLLOWS:

820 IAC 3-2-10 Esthetics; separate room

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 10. (a) Cosmetology salons where esthetics services are provided, esthetic salons, and cosmetology schools where esthetics is provided shall maintain a separate room for such the practice which that is used exclusively for esthetic services.

(b) The room required under subsection (a) shall be:
(1) surrounded by ceiling to floor walls; and
(2) accessed only by doors which that shall remain closed when esthetic services are being performed.

(c) This section does not apply to mobile salons.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-2-10; filed Dec 3, 1991, 11:00 a.m.: 15 IR 568; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA)


SECTION 18. 820 IAC 3-2-23 IS AMENDED TO READ AS FOLLOWS:

820 IAC 3-2-23 Additional requirements

Authority: IC 25-8-3-23
Affected: IC 25-8


Sec. 23. (a) Regardless of the minimum requirements established in sections 11 through 22 of this rule, esthetic salons, or cosmetology salons, and self-contained mobile salons practicing esthetics must have whatever additional equipment is needed to adequately serve their customers and otherwise comply with IC 25-8 and this title.

(b) Mobile salons that are not self-contained facilities shall have adequate equipment to perform the services at the temporary location.
(State Board of Cosmetology and Barber Examiners; 820 IAC 3-2-23; filed Dec 3, 1991, 11:00 a.m.: 15 IR 569; readopted filed May 22, 2001, 9:56 a.m.: 24 IR 3236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA)


SECTION 19. 820 IAC 7-1-1 IS AMENDED TO READ AS FOLLOWS:

820 IAC 7-1-1 Application/issuance fees

Authority: IC 25-1-8-2; IC 25-8-4
Affected: IC 25-8


Sec. 1. The board shall charge and collect the following application/issuance fees for licenses:
(1) Cosmetologist: $40
(2) Electrologist: $40
(3) Esthetician: $40
(4) Manicurist: $40
(5) Beauty culture instructor: $40
(6) Cosmetology school: $400
(7) Cosmetology salon: $40
(8) Electrology salon: $40
(9) Esthetic salon: $40
(10) Manicurist salon: $40
(11) Tanning facility: $200
(12) Mobile salon: $40
(State Board of Cosmetology and Barber Examiners; 820 IAC 7-1-1; filed Jun 4, 2009, 9:07 a.m.: 20090701-IR-820080606FRA)



Posted: 04/04/2012 by Legislative Services Agency

DIN: 20120404-IR-820120064PRA
Composed: Nov 27,2014 10:20:04PM EST
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