Part
3 Procedures
Section 3-1
Applications
Online license applications must be completed through the
Office website
(a) Incomplete
applications will not be processed. Applications are complete only when all
required questions have been answered fully, all attestations made, all
required documentation and materials provided, and all fees paid.
(b) When the Director intends to deny an
application, notice stating the reasons for the action shall be given to the
applicant by certified mail, whereupon the applicant shall have 30 days to
petition for a hearing before an administrative law officer.
(c) The Office may refuse to accept any
application found to be redundant with a denied or in-process
application.
(d) The Office may
deem expired any application that is left pending for six months.
Section 3-2 Complaints
Complaints against licensees, applicants for licensure, or
persons practicing without a license may be submitted online, on a standard
form available from the Office website. Complaint procedures are explained in
detail at
https://sos.vermont.gov/opr/complaints-conduct-discipline/.
Section 3-3 Contested Cases
Procedures in contested cases relating to licensure or
discipline are governed by the Office of Professional Regulation Administrative
Rules of Practice, CVR 04-030-005, as those rules may from time to time be
modified.
Section 3-4
Declaratory Rulings
Petitions for declaratory rulings as to the applicability of
any statutory provision or of any rule or order of the Office may be made
pursuant to
3 V.S.A.
§
808.
Section 3-5 Conflict of Standards
Where a standard of unprofessional conduct set forth in statute
conflicts with a standard set forth in rule, the standard that is most
protective of the public shall govern. See
3 V.S.A. §
129a(e).
Section 3-6 Determination of Equivalency
Where the Director is permitted by law or rule to accept
certain training or experience on the basis of equivalence to a fixed standard,
it is the burden of the applicant or licensee to establish equivalence to the
Director's satisfaction, by producing credible, clear, and convincing evidence
of the same. The Director has no obligation to research the bona fides of any
institution, program, course, degree, certification, practicum, fellowship, or
examination and may resolve all inferences in favor of withholding a
credential, approval, or recognition.
Section 3-7 Waiver or Variance
The Director will not grant routine waivers or variances from
any provisions of these rules without amending the rules. See V.S.A. §
845. Where, in extraordinary circumstances, application of a rule would result
in manifest unfairness, an absurd result, unjustifiable inefficiency, or an
outcome otherwise inimical to the public health, safety, and welfare, the
Director may, upon written request of an interested party, so find, grant a
waiver with or without particular conditions and limitations, and record the
action and justification in a written memorandum. This rule shall not be
construed as creating any hearing right or cause of action.
Section 3-8 Endorsement from a Foreign
Jurisdiction
A person licensed or certified in good standing under the laws
of another jurisdiction may be eligible for licensure as specified by
26 V.S.A. §
285:
(a) if the sending jurisdiction's
requirements for licensure are substantially equivalent to those of Vermont;
or
(b) if the sending
jurisdiction's requirements for licensure are not equivalent, but the applicant
has 1,500 documented hours of practice in not less than one year.
Section 3-9 Inspection
All premises, shops, schools, or facilities licensed by the
Office, and all sites where services licensed under these rules are provided,
shall be open to announced or unannounced visits by Office inspectors during
regular business hours.
Section
3-10 Contacting the Office
See the Office website for contact details. Send mail to:
Office of Professional Regulation, ATTN: Barbering & Cosmetology, 89 Main
Street, 3rd Floor, Montpelier, VT 05620-3402.
Part 4 Barbers
Section
4-1 Scope of Practice
A barber engages in cutting, shampooing, or styling hair;
shaving the face, shaving around the vicinity of the ears and neckline, or
trimming facial hair; facials, skin care, or scalp massages, and bleaching,
coloring, straightening or permanent-waving hair, or similar work by any means,
with hands or mechanical or electrical apparatus or appliances. Barbering also
includes esthetics. Core barber training does not include permanent-waving,
chemical relaxing, or more advanced esthetic work such as microdermabrasion and
waxing; a barber may perform these functions only if he or she has documented
training, education, and experience additional to that required for
licensure.
Section 4-2
Eligibility
A person shall be eligible for licensure as a barber if he or
she:
(a) holds a high-school diploma
or equivalent;
(b) has successfully
completed an Office-approved apprenticeship under Part 9, or a course of study
not fewer than 750 hours at a school of barbering accredited at the time of
matriculation by an authority recognized by the United States Department of
Education, or a school recognized by the Director as substantially equivalent
thereto; and
(c) has passed written
and practical barbering examinations recognized by the Director.
Section 4-3 Core Competencies
An acceptable course of study shall establish and test
competency in:
(a)
shampooing;
(b) straight razor
shaves and beard trims;
(c) basic
facials;
(d) hair lightening and
coloring, including temporary, semi-permanent, and permanent;
(e) hair cutting, hairstyling, and hair
shaping;
(f) clipper
cutting;
(g) hair analysis and
scalp treatments;
(h) equipment
sanitation and sterilization techniques applicable to supplies, general and
specific chemical waste and storage;
(i) anatomy, personal health, hygiene, and
sanitation;
(j) safe chemical
storage, use, and disposal and understanding related reference
materials;
(k) laws, rules, and
professional ethics;
(l) knowledge
and history of the profession.
Section 4-4 Crossover Licensure for
Cosmetologists
(a) A cosmetologist licensed
under these rules shall be eligible for separate and additional licensure as a
barber if he or she:
(1) has successfully
completed an Office-approved crossover apprenticeship under Part 9, or a course
of study not fewer than 150 hours at a school of barbering accredited at the
time of matriculation by an authority recognized by the United States
Department of Education, or a school recognized by the Director as
substantially equivalent thereto; and
(2) has passed written and practical
barbering examinations recognized by the Director.
(b) An acceptable course of crossover study
shall establish and test competency in:
(1)
straight razor shaves and beard trims;
(2) barber-specific facials;
(3) barber-specific clipper cutting, safety,
and sanitation; and
(4) the history
of barbering.
Part 5 Cosmetologists
Section 5-1 Scope of Practice
A cosmetologist engages in work on the hair, including
dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similar
work by any means, with hands or mechanical or electrical apparatus or
appliances. Cosmetology also includes esthetics and manicuring. A cosmetologist
may not use straight razors upon the face or neck
Section 5-2 Eligibility
A person shall be eligible for licensure as a cosmetologist if
he or she:
(a) holds a high-school
diploma or equivalent;
(b) has
successfully completed an Office-approved apprenticeship under Part 9 or has
successfully completed a course of study not fewer than 1,000 hours at a school
of cosmetology accredited at the time of matriculation by an authority
recognized by the United States Department of Education, or a school recognized
by the Director as substantially equivalent thereto; and
(c) has passed written and practical
cosmetology examinations recognized by the Director.
Section 5-3 Core Competencies
An acceptable course of study shall establish and test
competency in:
(a)
shampooing;
(b) waxing;
(c) permanent waving and
straightening;
(d) finger waving,
pin curls, roller formation;
(e)
manicuring (nail technician practice);
(f) facials;
(g) hair analysis and scalp
treatments;
(h) hair lightening and
coloring, including temporary, semi-permanent and permanent;
(i) hair cutting, clipper cutting,
hairstyling, and hair shaping;
(j)
equipment sanitation and sterilization techniques applicable to supplies,
general and specific chemical waste and storage;
(k) anatomy, personal health, hygiene, and
sanitation;
(l) safe chemical
storage, use, and disposal and understanding related reference
materials;
(m) laws, rules, and
professional ethics.
Section
5-4 Crossover Licensure for Barbers
(a) A barber licensed under these rules shall
be eligible for separate and additional licensure as a cosmetologist if he or
she:
(1) has successfully completed an
Office-approved crossover apprenticeship under Part 9, or a course of study not
fewer than 250 hours at a school of cosmetology accredited at the time of
matriculation by an authority recognized by the United States Department of
Education, or a school recognized by the Director as substantially equivalent
thereto; and
(2) has passed written
and practical cosmetology examinations recognized by the Director.
(b) An acceptable course of
crossover study shall establish and test competency in:
(1) waxing;
(2) permanent waving and
straightening;
(3) finger waving,
pin curls, roller formation;
(4)
manicuring (nail technician practice);
(5) cosmetology-specific facials;
(6) cosmetology-specific hair analysis and
scalp treatments;
(7) equipment
sanitation and sterilization techniques applicable to supplies, general and
specific chemical waste, and storage;
(8) safe chemical storage, use, and disposal
and understanding related reference materials.
Section 5-5 Beginning a Barber Apprenticeship
(a) Applications must be filed with the
Office prior to the beginning of the apprenticeship. If the proposed
apprenticeship satisfies the requirements of these rules, the Board will issue
a letter of approval. The apprentice shall not touch a paying customer prior to
receipt of the approval letter and completion of 500 hours of study. The
apprenticeship is intended to provide continuous week-by-week supervised
practical experience equivalent or greater to the supervised practicum provided
in a traditional school.
(b) In no
instance can the apprenticeship extend beyond 36 months.
Section 5-6 Education Component
The apprenticeship must include subjects as presented by
standard cosmetology and barbering text books and shall include:
(a) anatomy and physiology, specific to the
industry license;
(b) bacteriology,
including the spread of and control of contagious or infectious diseases,
contamination and decontamination, sterilization, sanitation, and basic
cleanliness in general and as it pertains to the barber and cosmetology
industry and state requirements; and
(c) knowledge of Vermont Barbers and
Cosmetologists State Laws and Rules.
Section 5-7 Competencies Acquired
At the conclusion of the barber apprenticeship, the apprentice
shall have acquired the following competencies:
(a) shampooing;
(b) hair cutting, hairstyling, and hair
shaping;
(c) hair coloring,
including temporary, semi-permanent and permanent;
(d) permanent waving and
straightening;
(e) hair analysis
& scalp treatments;
(f) basic
facials;
(g) clipper
cutting;
(h) straight razor shaves
and beard trim;
(i) sanitation and
sterilization techniques for all equipment, supplies, general and specific
chemical and waste storage areas;
(j) sanitary personal health and hygiene
understanding
(k) safe chemical
storage, use, and disposal and reference material requirements;
(l) sanitation, sterilization, hazardous
substances, hygiene, anatomy;
(m)
professional ethics, and;
(n)
knowledge of the history of the profession.
Section 5-8 Transfer of School Hours
Persons who within three (3) months of applying for an
apprenticeship have successfully completed barbering training consisting of 500
hours or more in a trade or vocational school, or a school of barbering, or
school of cosmetology offering a program in barbering, or in an accredited
program or course of barbering studies approved by the Board, may upon proper
documentation, apply no more than 500 hours toward the barber's
apprenticeship.
Part
6 Estheticians
Section 6-1 Scope
of Practice
An esthetician engages in massaging, cleansing, stimulating,
manipulating, beautifying, or otherwise working on the scalp, face, or neck by
using cosmetic preparations, antiseptics, tonics, lotions, or
creams.
Section 6-2
Eligibility
A person shall be eligible for licensure as an esthetician if
he or she:
(a) holds a high-school
diploma or equivalent;
(b) has
successfully completed an Office-approved apprenticeship under Part 9, or has
successfully completed a course of study not fewer than 500 hours at a school
of esthetics accredited at the time of matriculation by an authority recognized
by the United States Department of Education, or a school recognized by the
Director as substantially equivalent thereto;
(c) has passed written and practical
esthetics examinations recognized by the Director.
Section 6-3 Core Competencies
An acceptable course of study shall establish and test
competency in:
(a) facials;
(b) microdermabrasion;
(c) chemical peels, exfoliation;
(d) mask therapy;
(e) chemicals;
(f) electrical machines used in
esthetics;
(g) waxing;
(h) makeup techniques and services;
(i) equipment sanitation and sterilization
techniques applicable to supplies, general and specific chemical waste and
storage;
(j) anatomy, personal
health, hygiene, and sanitation;
(k) safe chemical storage, use, and disposal
and understanding related reference materials;
(l) laws, rules, and professional
ethics.
Section 6-4
Those Not Eligible for Endorsement
An applicant who does not meet the requirements for licensure
by endorsement must satisfy the requirements of
26 V.S.A. §
278 and Rule 6.2.
Section 6-5 Beginning a cosmetology
apprenticeship
(a) Applications must be filed
with the Office prior to the beginning of the apprenticeship. If deemed
appropriate, the Board will issue a letter of approval. The apprentice shall
not touch a paying customer prior to receipt of the approval letter and
completion of 500 hours of study. The apprenticeship is intended to provide
continuous week-by-week supervised practical experience equivalent or greater
to the supervised practicum provided in a traditional school.
(b) In no instance can the apprenticeship
extend beyond 36 months.
Section
6-6 Education Component
The apprenticeship must include subjects as presented by
standard cosmetology and barbering text books which shall include:
(a) anatomy and physiology, specific to the
industry license;
(b) bacteriology
including the spread of and control of contagious or infectious diseases,
contamination and decontamination, sterilization, sanitation, and basic
cleanliness in general and as it pertains to the barber and cosmetology
industry and state requirements; and
(c) knowledge of Vermont Barbers and
Cosmetologists State Laws and Rules.
Section 6-7 Competencies Acquired
At the conclusion of the cosmetology apprenticeship, the
apprentice shall have acquired the following competencies:
(a) shampooing;
(b) hair cutting, clipper cutting,
hairstyling, and hair shaping;
(c)
hair coloring, including temporary, semi-permanent and permanent;
(d) permanent waving and
straightening;
(e) hair analysis
& scalp treatments;
(f) basic
facials;
(g) waxing;
(h) manicuring and pedicuring (nail
technician practice);
(i) finger
waving pin curls/roller formation;
(j) sanitation and sterilization techniques
for all equipment, supplies, general and specific chemical and waste storage
areas;
(k) sanitary personal health
hygiene understanding;
(l) safe
chemical storage, use, and disposal and reference material
requirements;
(m) sanitation,
sterilization, hazardous substances, hygiene, anatomy, and;
(n) professional ethics.
Section 6-8 Transfer of School Hours
Persons who within three (3) months of applying for an
apprenticeship have successfully completed cosmetology training consisting of
500 hours or more in a trade or vocational school, or a school of cosmetology,
or in an accredited program or course of studies in cosmetology approved by the
Board, may upon proper documentation, apply no more than 500 hours toward the
cosmetologist apprenticeship.
Part 7 Nail Technicians
Section 7-1 Eligibility
A person shall be eligible for licensure as a nail technician
if he or she:
(a) has successfully
completed an Office-approved apprenticeship under Part 9 or has successfully
completed a course of study not fewer than 200 hours at a school of manicuring
accredited at the time of matriculation by an authority recognized by the
United States Department of Education, or a school recognized by the Director
as substantially equivalent thereto, and
(b) has passed written and practical
nail-technician examinations recognized by the Director.
Section 7-2 Core Competencies
An acceptable course of study shall establish and test
competency in:
(a)
manicuring;
(b) nail
drill;
(c) synthetic nails, nail
gels, nail tips, application of nail wraps, and repairs;
(d) liquids and powder brush-ons;
(e) pedicuring;
(f) equipment sanitation and sterilization
techniques applicable to supplies, general and specific chemical waste and
storage;
(g) anatomy, personal
health, hygiene, and sanitation;
(h) safe chemical storage, use, and disposal
and understanding related reference materials;
(i) laws, rules, and professional
ethics.
Section 7-3
Licensure by Endorsement
Applicants for esthetician licensure by endorsement
shall:
(a) have a current esthetician
license in good standing in another jurisdiction;
(b) whose laws the Board considers to be
substantially equal to those of this state;
or;
(c) If
licensed and in good standing in another state whose laws the Board does not
consider to be substantially equal to those of this state, the applicant may be
issued a license if the applicant has been in active practice for the period
specified in
26 V.S.A. §
289 immediately preceding application. The
Board may grant a license if the Board determines that the applicant's
experience provides assurance of competency in areas in which the other state's
licensing standards are not substantially equal to those of this state;
and;
(d)
successfully complete the Vermont laws and rules examination.
Section 7-4 Those Not Eligible for
Endorsement
An applicant who does not meet the requirements for licensure
by endorsement must satisfy the requirements of
26 V.S.A. §
279 and Rule 7.2.
Section 7-5 Beginning an Esthetician
Apprenticeship
(a) Applications must be filed
with the Office prior to the beginning of the apprenticeship. If deemed
appropriate, the Board will issue a letter of approval. The apprentice shall
not touch a paying customer prior to receipt of the approval letter and
completion of 100 hours of study. The apprenticeship is intended to provide
continuous week-by-week supervised practical experience equivalent or greater
to the supervised practicum provided in a traditional school.
(b) In no instance can the apprenticeship
extend beyond 18 months.
Section
7-6 Education Component
The apprenticeship must include subjects as presented by
standard cosmetology and barbering text books which shall include:
(a) anatomy and physiology, specific to the
industry license;
(b) bacteriology
including the spread of and control of contagious or infectious diseases,
contamination and decontamination, sterilization, sanitation, and basic
cleanliness in general and as it pertains to the barber and cosmetology
industry and state requirements; and
(c) knowledge of Vermont Barbers and
Cosmetologists State Laws and Rules.
Section 7-7 Competencies Acquired
At the conclusion of the esthetician apprenticeship, the
apprentice shall have acquired the following competencies:
(a) facial treatments;
(b) chemical peels, exfoliation;
(c) use of microdermabrasion;
(d) makeup techniques and services;
(e) mask therapy;
(f) chemicals;
(g) electrical machines used in
esthetics;
(h) eyebrow arching and
hair removal;
(i) sanitation and
sterilization techniques for all equipment, supplies, general and specific
chemical and waste storage areas;
(j) sanitary personal health and hygiene
understanding;
(k) safe chemical
storage, use, and disposal and reference material requirements, and;
(l) sanitation, sterilization, hazardous
substances, hygiene, anatomy, laws, rules, regulations; professional
ethics.
Section 7-8
Transfer of School Hours
Persons who have successfully completed esthetician training
consisting 200 hours or more in a trade or vocational school or a program of
esthetics approved by the Board within three (3) months of applying for an
apprenticeship may, upon proper documentation, apply no more than 200 hours
toward the apprenticeship.
Part
8 Schools
Section 8-1 License
Required; Significance
No postsecondary school of barbering, cosmetology, esthetics,
or nail-technician practice may operate without a certificate of approval from
the Director. Such certificate is a license subject to the laws of professional
regulation. A regional vocational center overseen by the Vermont Agency of
Education is not required to be licensed but may elect to seek license from the
Director. Licensure of a postsecondary school or regional vocational center
signifies that the school or center, at the time of license issuance or
renewal, complies with the requirements of these rules and has in place a
program of education fit to ensure that a graduate meets the educational
requirements of barber, cosmetologist, esthetician, or nail- technician
licensure.
Section 8-2
Application
A school shall apply in the manner specified by the Director,
showing:
(a) the equipment used in the
school;
(b) the floor plan of the
school, size and arrangement of classrooms, location of equipment, entrances,
bathrooms, and storage areas;
(c)
the curricula to be offered, its scope and sequence, textbooks or workbooks
used, and equipment and supply requirements;
(d) the school's policies on
non-discrimination, student participation in customer services, sale or lending
of equipment, material, professional garb to students;
(e) documentation of incorporation, trade
name, partnership agreement, and other evidence of ownership structure or
controlling interest; and
(f) such
other information as the Director may require to assess the school's ability to
operate in the public interest and in a manner consistent with the requirements
of these rules, including data indicating applicable examination pass rates,
rates and durations of program completion, and evidence of financial stability
and operational ability to see entrants through successful
graduation.
Section 8-3
General Operation
A school shall:
(a)
employ signage clearly indicating to the public that it is a school of
cosmetology, barbering, esthetics, or nail-technician practice, including a
sign reading "All work done by instructor-supervised students," in room(s) used
for practical instruction;
(b)
develop and execute a program of curricular instruction suited to the core
competencies of the profession for which students are training;
(c) educate and test students in Vermont laws
and rules pertaining to the practice of the profession for which students are
training;
(d) possess equipment and
facilities necessary competently to educate students in the practical execution
of skills within its approved curriculum;
(e) maintain accurate records of daily
student and instructor attendance and corresponding subjects studied;
(f) make known to students and prospective
students, in clear, written material, all costs of attendance, including
tuition, fees, and required purchases of equipment, textbooks, supplies, and
professional garb;
(g) compile, and
make available to the Office on request, accurate data reflecting student
program completion, examination pass rates, and post-graduation attainment of
licensure;
(h) track the
continuing-education status of its instructors and enforce instructor
compliance with these rules;
(i)
obtain the informed consent of clients prior to the provision of services by
students;
(j) have and enforce
written policies specifying the minimum training and showing of competence
required before a student may work on a paid client under supervision, which
policies shall ensure that a student has satisfied at least one-quarter of the
training-hour requirements for barbering, cosmetology, esthetics, or
nail-technician licensure before initiating practical work on any paid
client;
(k) not allow instructors
to work on patrons except in the course of instructing students, unless
additionally licensed as a shop;
(l) not require students to study or practice
more than 40 hours in any one week;
(m) not exploit students financially or
withhold transcripts reflecting accomplished education for which tuition has
been paid;
(n) not require students
to purchase cosmetics or merchandise from the school as a condition of
enrollment;
(o) retain attendance
and examination records for at least seven years; and
(p) make compliance documentation relative to
the requirements of this Part available to the Director upon request or license
renewal.
Section 8-4
Instructors
A school shall display each instructor's license and specialty
designation in a location conspicuous to students. A school and instructor may
request specialty designation through the Office website. A school is
responsible for ensuring, and may be required at inspection to show by
competent documentation, that each instructor employed to teach
students:
(a) is licensed by the
Office, in good standing, to perform the professional acts he or she
teaches;
(b) has attained at least
1,500 hours of practical experience in not less than one year;
(c) is fit not only to practice at a standard
that consistently exceeds minimum expectations, but also to convey curricular
material to students, as evidenced by completion of an instructor's examination
or instructor training recognized by the Director; and
(d) once employed, has maintained competency
by participating in at least 24 hours of professional education recognized by
the Director each biennial licensure period, of which not fewer than 8 hours
shall pertain to teaching and none may relate to marketing or business
management.
Section 8-5
Substitutes
A school may permit an otherwise-qualified person not
designated an instructor to stand in when an instructor is ill or indisposed;
provided, however, that such a substitute shall not oversee the provision of
services to a client. A substitute may be used for no more than fifteen percent
of total course hours.
Section
8-6 Ratios
A school shall employ a sufficient number of instructors to
ensure that students obtain a meaningful educational benefit from each hour of
schooling. The student:instructor ratio shall not exceed 1:16 for hands-on
training or 1:40 for didactic training.
Section 8-7 Credit
Credit may be issued only for time a student is present and
engaged in a course of instruction or supervised practice; not for lunch, rest
periods, or non-instructional time.
Section 8-8 School as Testing Authority
A licensed school may apply to the Director for recognition as
a testing authority. The Director's decision as to testing-authority
recognition shall be final and shall not be subject to any administrative
hearing right or appeal. Students who pass the capstone examination of a school
so recognized shall be deemed to have satisfied the requirements of
26 V.S.A. §
283. Approval as a testing authority shall be
indicated by the addition of a specialty designation to the school's license
and shall be valid through the school's next biennial license renewal. To
qualify as a testing authority, a school must:
(a) demonstrate the ability to administer a
professional skills examination commensurate in rigor to those prevailing
nationally for barbers, cosmetologists, estheticians, and/or nail
technicians;
(b) use examiners not
regularly employed by the school or dependent upon the school as their primary
source of income, each holding a Vermont license in good standing in the field
or fields of practice under evaluation, and each having practiced in those
fields for not fewer than three years;
(c) use objective, written evaluative
criteria and rubrics, known to examinees in advance and specified in the
school's memorandum of understanding with the Office;
(d) establish procedural safeguards to
maximize the objectivity and fairness of examination, including means of
insulating examiners from undue financial or social influence;
(e) administer written exam components in a
secure setting, using appropriate means to prevent cheating, proctored by
persons licensed under these rules and accountable for maintaining exam
integrity;
(f) administer practical
exam components under video recording, retained for not fewer than five years
and available to the Office on request;
(g) provide mandatory, written notice to each
examinee, supplied by the Director, explaining how to contact the Office to
report cheating or other exam irregularities;
(h) not charge students of the school an
examination fee in excess of actual and necessary costs of exam provision; and
(i) advise students of possible
complications to out-of-state portability that may result from selecting
school-based examination and allow students to elect between the
school-sponsored exam and the corresponding, Director-approved national
examination.
Part 10 Shops
Section 10-1 License Required
All shops must be licensed. A distinct license is required of
each location or mobile facility, regardless of common ownership. Shop and
staff licenses shall be conspicuously displayed. Shop licenses are not
transferrable.
Section 10-2
Application
A shop shall apply in the manner specified by the Director,
showing:
(a) its floor plan;
(b) that it has a designated licensee
responsible for overall cleanliness, sanitation, and safety of the
shop;
(c) documentation of
incorporation, trade name, partnership agreement, and other evidence of
ownership structure or controlling interest;
(d) its compliance with the sanitation and
safety standards set out in Part 13 of these rules; and
(e) the satisfactory results of an inspection
by an Office inspector, approved third-party inspector, or designated
licensee.
Section 10-3
Non-discriminatory Pricing
A shop may not price services differently on the basis of a
client's race or gender. Prices may reflect non-discriminatory factors such as
the supplies, effort, skill, and time required of a service, or market supply
and demand for the service.
Section
10-4 Duty to Verify Licensure
A shop shall employ only licensed persons to perform licensed
services. Real-time license status is available from the Office website.
Knowledge of license status is imputed to all shops.
Section 10-5 Mobile Shops
Shops generally are located in permanent buildings and licensed
at fixed addresses; however, a licensee may apply for licensure of a mobile
shop, which may be an automobile or tow-behind trailer specially adapted for
the safe, convenient, and accessible provision of professional services. A
mobile shop application must demonstrate that the mobile shop can be operated
safely and without creating a public nuisance. Requirements imposed by the
Director shall be developed on a case-by-case basis specific to the vehicle and
intended use, but shall include at a minimum:
(a) verification, by a person accepted by the
Director as qualified to give such opinion, that the mobile shop is adequately
ventilated, has appropriate egress, is fire safe, is fit for the use intended
by the licensee-applicant, and otherwise is able to satisfy the applicable
requirements of Part 13;
(b) a
policy for chocking wheels to prevent rollaway incidents if transmission and
parking brakes are disengaged;
(c)
a policy prohibiting transportation of clients in the mobile shop;
(d) appropriate commercial liability
insurance;
(e) a functioning
carbon-monoxide detector;
(f)
equipment and a related policy ensuring that electricity is supplied safely and
without the use of portable gasoline or propane generators;
(g) equipment and a related policy ensuring
that appropriate amounts of fresh potable water are available and that
wastewater is appropriately contained, drained regularly, and lawfully
disposed; and
(h) appropriate
verification from the Department of Motor Vehicles that the mobile shop is
roadworthy, lawfully registered, and operated by a person or persons duly
licensed to drive or tow the mobile shop.
Section 10-6 Manicurist (nail technician)
Course Requirements
The school, if offering a manicurist (nail technician) course,
must offer a 400 hour course of study which shall include at a minimum the
following:
(a) manicuring;
(b) nail drill;
(c) acrylic nail, nail gels, nail tip, nail
wrap application, and repairs;
(d)
acrylic: liquid and powder brush-ons;
(e) pedicuring;
(f) sanitation and sterilization techniques
for all equipment, supplies, general and specific chemical and waste storage
areas;
(g) sanitary personal health
and hygiene understanding;
(h) safe
chemical storage, use, and disposal and reference material
requirements.
(i) sanitation,
sterilization, hazardous substances, hygiene, anatomy, laws, rules,
regulations, and;
(j) professional
ethics.
Section 10-7
Credits, Conditions
(a) Time absent must be
made up to complete the requirements of the course.
(b) A student found working in a paid school
clinic before completing his or her first 500 hours of study may lose partial
or complete credit.
(c) No credit
shall be given for lunch or rest.
(d) No student shall be credited for hours
not spent in the class.
Section
10-8 Instructor/student Ratios
(a) For Hands on training: Each school shall
have a ratio of no fewer than one (1) instructor for every eight (8)
students;
(b) For general classroom
training: Each school shall have a ratio of no fewer than one (1) instructor
for every fifteen (15) students
(c)
For classes where schools provide some type of additional tutoring or technical
support for students who need assistance, each school shall provide no fewer
than one (1) instructor for up to twenty (20) students.
Section 10-9 Prohibitions
No school shall:
(a)
Permit a student to charge a customer for the student's work or for the
material and supplies used by the student until the student has completed the
following number of hours for the following areas of study:
(1) Barbering 500 hours;
(2) Cosmetology 500 hours;
(3) Estheticians 100 hours; and
(4) Manicurists (nail technicians) 50
hours;
(b) Allow the
instructors to work on patrons except in the course of instructing
students.
(c) Require students to
study or practice more than 40 hours a week.
(d) Require students to purchase cosmetics or
other materials from the school as a condition of enrollment in a
school.
Section 10-10
Badges
Schools shall require students to wear badges identifying
themselves as students.
Section
10-11 Posting Board Rules
Current Board laws and rules must be posted in a conspicuous
location accessible to the students.
Part 12 Reporting Duties
Section 12-1 Duty to Update and Self-Report
Applicants and licensees owe a duty of candor to the Office and
shall disclose circumstances that may call for further investigation to protect
the public. That a matter is reportable does not imply that the matter
necessarily is a basis for discipline. A licensee, including an applicant for
licensure, shall report to the Office, in writing, within 15 calendar
days:
(a) any material inaccuracy or
change in circumstance relative to any application question, where the changed
circumstance arises between submission of a license application and issuance of
the license sought;
(b) any
conviction for a criminal act;
(c)
any legal claim, settlement, or judgment arising from alleged professional
negligence, misconduct, or malpractice;
(d) any adverse action against a foreign
professional license, where the adverse action relates to an allegation of
misconduct, substandard practice, or unethical conduct;
(e) for apprentices, a change in supervision
or designated supervisor; and
(f)
for shops and schools, a change in name, location, controlling ownership
interest, designated licensee, or floorplan, and
(g) for schools, the addition of an
instructor, except substitutes.
Section 12-2 Mandated Reporters
Any hospital, clinic, community mental health center, or other
health care institution in which a licensee performs professional services
shall report disciplinary action against a licensee, as further specified by
3 V.S.A. §
128. A nursing home or long-term-care
facility is a health care institution for purposes of this
rule.
Section 12-3
Professional Standards
An administrative law officer may consider codes of ethics of
established and nationally-recognized professional associations, as well as the
degree of acceptance of a practice within the community of Vermont licensees,
when determining "the essential standards of acceptable and prevailing
practice" for purposes of 26 V.S.A. § 129a(b).
Section 12-4 Compliance with Other Law
Licensees must comply with all federal, state and local laws,
codes, ordinances, and regulations as they apply to business operation,
physical construction, and maintenance, safety, and public health.
Part 13 Sanitation and
Safety
Section 13-1 Universal Standards
The standards set out under this Part (13) shall be observed
by all licensees, shops, and schools, at all sites where professional services
are provided:
(a) Disinfection and
Storage of Implements. Single use, disposable articles should be used whenever
possible. If non-disposable articles are used, they shall be disinfected after
each use.
(b) Wet disinfection
units. Portions of articles which come into contact with customers are to be
disinfected by completely submerging them in a disinfectant solution. A wet
disinfection unit must have a cover to prevent contamination of the solution.
The solution must be an Environmental Protection Agency (EPA) registered
hospital grade and tuberculocidal disinfectant solution. Disinfection is to be
carried out in the following manner:
(1)
remove hair and all debris from the object;
(2) wash thoroughly with hot water and
soap;
(3) rinse thoroughly with
clean water and dry thoroughly with a clean paper towel;
(4) fully immerse instruments into solution
for ten (10) minutes; and
(5) after
immersion, rinse articles, thoroughly dry with a clean paper towel and store in
a clean pre-disinfected and dry cabinet, drawer, or non-airtight covered
container, in a UV light cabinet, or leave instruments in an EPA registered
disinfection/storage solution used according to manufacturer's
directions.
(c)
Isolation of Disinfected Articles. Undisinfected articles (i.e., pens, pencils,
money, paper, mail, etc.) shall not be kept in the same container or cabinet as
disinfected articles. For the purpose of recharging, rechargeable clippers may
be stored in an area other than in a closed cabinet or container. However, such
area is to be clean and the cutting edges of such clippers are to be
disinfected.
(d) Clippers.
Electrical clipper blades and scissors shall be appropriately sanitized after
each use.
(e) Miscellaneous
Materials. All materials including brushes, sponges, chamois, spatulas,
galvanic electrodes, etc. must be cleaned with warm water and soap or detergent
to remove all debris. Implements should then be rinsed thoroughly, dried with
clean paper toweling, and completely immersed in an EPA registered,
hospital-grade and tuberculocidal disinfectant solution. Such implements shall
be soaked for ten (10) minutes or more, removed, rinsed, dried thoroughly and
stored in a pre-disinfected drawer, cabinet or non-airtight covered container,
in a UV light cabinet, or left in an EPA registered disinfection/storage
solution used according to the manufacturer's directions.
(f) Wax Pots. All wax pots will be cleaned
and disinfected with an EPA-registered, hospital-grade and tuberculocidal
disinfectant solution with no sticks left standing in the wax at any
time.
(g) Nail Technician
Disinfection Units. Each working nail technician must have an assigned station
appointed with a wet disinfection unit, a non-airtight covered receptacle, and
a UV light cabinet or EPA-registered disinfectant/storage system. Large units
may be shared by individual stations.
(h) Nail Implements. Nail brushes, nippers,
finger bowls, disinfectable and/or washable files and buffers and other
instruments must be washed in soap and water. Files are to be scrubbed with a
brush to remove all debris. All instruments shall be rinsed thoroughly, dried
with a clean paper towel, and then completely immersed in an EPA registered
hospital grade and tuberculocidal disinfectant solution for ten (10) minutes
after each use. After disinfection they must be rinsed, dried thoroughly with a
clean paper towel, and placed in a pre-disinfected, non-airtight covered
receptacle, cabinet or drawer, or in or a UV light cabinet, or left in an EPA
registered disinfectant/storage system used according to manufacturer's
directions.
(i) Drills. Drill bits
are to be soaked and/or scrubbed with a wire brush to remove all debris. The
drill bits must then be cleaned with warm water and soap or detergent. Drill
bits should then be rinsed thoroughly and dried with a clean paper towel, and
completely immersed in an EPA registered hospital grade and tuberculocidal
disinfectant solution. Such implements shall be soaked for ten (10) minutes or
more, removed, rinsed, dried thoroughly, and stored in a pre-disinfected
drawer, cabinet or non-airtight covered container, in a UV light cabinet, or
left in an EPA registered disinfection/storage solution used according to
manufacturer's directions.
(j)
Pedicure Water. Pedicure equipment that holds water for pedicures including
whirlpools and spas, "pipe-less" units, foot baths, basins, tubs, sinks, and
bowls, shall be cleaned and disinfected before use on each client.
(k) Pedicure Screens. Screens from pedicure
equipment shall be cleaned at the end of each day and after the last client.
Clean the screen with a brush and surfactant soap and water to remove all
visible residues. Completely immerse the screen in either an EPA registered
disinfecting solution or ten (10) minutes, or a 10% bleach solution for five
(5) minutes.
Section 13-2
Facilities
Licensees are responsible to ensure that any shop, school, or
facility that is the site of barbering, cosmetology, esthetics, or nail
technician practice is clean and sanitary at all times. The following minimum
standards shall be observed at all facilities:
(a) Floors. Floor surfaces in the immediate
work area must be of a washable surface other than carpet. The floor must be
routinely swept, kept clean, and free of hair, dropped articles, spills and
electrical cords.
(b) Surroundings.
Walls and ceilings in the immediate work area(s) must be in good repair, free
of water seepage, stains, and dirt.
(c) Restrooms. A fully-functional bathroom
must be readily available to customers. Such bathroom may not be shared with
residential occupants and may not be a site of open storage of chemicals.
Fixtures must be in good condition. The bathroom must be lighted and
sufficiently ventilated. If there is a window, it must have a screen. Liquid
soap and clean, individual towels must be available to clients. Laundering of
towels is allowed, space permitting. The bathroom must not be used as a work
area.
(d) Common Areas. General
areas for customer use must be neat and clean with a covered waste receptacle
for common trash.
(e)
Accessibility. Access to and from the shop shall be safe, without chips or
damage to stairs, have a handrail for access, and any mats must be secured or
flat.
(f) Electrical Equipment.
Electrical cords shall be placed to prevent tripping or entanglement.
Electrical outlets shall be properly grounded and covered by plates.
(g) Plumbing. Hot and cold potable water
shall be available. At least one sink exclusive of bathroom and kitchen
facilities must be designated for the washing of hands and equipment.
(h) Ventilation. The shop area
shall be sufficiently ventilated to exhaust hazardous or objectionable airborne
chemicals, and allow the free flow of air.
(i) Lighting. Adequate lighting shall be
provided.
(j) Fire Suppression.
Whether or not protected by sprinklers, all facilities shall have a
conspicuously-marked, charged ABC-class fire extinguisher of at least 5 lbs.
capacity.
(k) Pests and Animals.
All shops and immediate work areas shall be free of insects, rodents, or any
type of animals. Animals may not be present in shops or schools, except bona
fide service animals required by individuals with disabilities; provided,
however, that schools may allow animals in areas not used for the provision of
licensed services, if permitted by applicable law and regulation.
Section 13-3 Specific Equipment
The following sanitation practices shall be observed:
(a) Sinks. Sinks or shampoo bowls located
within the working area shall be kept clean and sanitized after each use, and
adequately supplied with soap or shampoo.
(b) Tables. Massage tables, manicuring
tables, sinks/shampoo bowls, facial and waxing tables, apparatus for waxing and
facials, tanning beds, ear piercing equipment, and any other objects which
touch the client shall be sanitized or sterilized after each use.
(c) Work Surfaces. The top of work stands,
back bars, service chairs, dryers and dryer chairs shall be routinely cleaned
and sanitized. Work areas shall be uncluttered.
(d) Heated Appliances. Heat-producing
appliances and equipment shall be placed so as to prevent any accidental
injury.
(e) Electrical Appliances.
Electrical appliances and equipment shall be in safe working order at all
times, shall be supplied from a properly-grounded supply, and shall be
protected with a ground-fault circuit interrupter (GFCI) device at the breaker
or outlet.
Section 13-4
Use of Articles, Tools, and Products
The following standards shall be observed when handling
articles, tools, and products:
(a)
Susceptibility to Sanitation. Any multi-use article, tool or product which
cannot be cleansed or sanitized is prohibited. Powder puffs, lip color, cheek
color, sponges, or styptic pencils, which cannot be sanitized or sterilized,
are not to be used on more than one client.
(b) Cleaning Between Clients. Tools,
implements, linens, and multi-use articles shall be cleaned, sanitized and/or
sterilized prior to use upon each client.
(c) Separation of Soiled Implements. Soiled
implements must be removed from the tops of work stations immediately after use
and deposited in a container made of cleanable, impervious materials.
(d) Sealed Containers. Lotions, ointments,
creams, and powders shall be kept in closed containers.
(e) Manicure Equipment. A sanitary container
or finger bowl shall be provided to each manicure client. Emery boards must be
discarded after use.
(f) Hair
Implements. Clippies, curlers, bobby pins, or hairpins must be sanitized after
each use. If an object drops on the floor, it must not be used until it is
sanitized or sterilized.
(g)
Storage & Disposal. All sharp tools and implements and heat-producing
appliances shall be safely stored. Any disposable sharp object, whether or not
coming into contact with blood or other body fluids, shall be disposed of in an
approved sharps container.
(h)
Protection of Sanitized Implements. Pre-sanitized tools, implements, linens and
equipment shall be stored for use in a sanitary enclosed cabinet or covered
receptacle.
(i) Bleeding Control.
No substance other than a sterile styptic powder or sterile liquid astringent
approved for hemostasis, applied with a sterile single use applicator, shall be
used to check bleeding.
(j)
Bodily-fluid Contamination. Any disposable material coming into contact with
blood or other body fluid shall be disposed of in a sealed plastic bag
according to guidelines provided by the Vermont Department of Health and
removed from the premises at least daily.
Section 13-5 Chemicals
The following chemical-safety practices shall be
observed:
(a) MSDS. Shops and
facilities shall have, in the immediate working area, a binder with all
Material Safety Data Sheets (MSDS) for chemical products used. These are
provided by manufacturers and shall be followed.
(b) Blood Kit. Shops and facilities shall
have a blood spill clean-up kit in all work areas.
(c) Eye Wash. Shops and facilities shall have
a plumbed eye wash or an eye-wash station consisting of one, 32-ounce bottle or
two, 16-ounce bottles.
(d)
Flammables. Flammable chemicals shall be isolated from potential sources of
ignition and stored in a non-flammable storage cabinet or a properly ventilated
room.
(e) Separation of Hazardous
Chemicals. Chemicals which could interact in a hazardous manner (oxidizer,
catalysts and solvents) shall be separated in storage.
(f) Prohibited Chemicals. No shop or school
shall have on the premises cosmetic products containing hazardous substances
which have been banned by the U.S. Food and Drug Administration for use in
cosmetic products, including liquid methyl methacrylate monomer and methylene
chloride. No product shall be used in a manner that is disapproved by the
FDA.
Section 13-6
Licensee/Client Health
A licensee shall not perform services in such a manner as to
expose himself, herself, or clients to suspected communicable diseases. A
licensee shall not perform professional services on a client if the licensee or
the client has a communicable or infectious disease or condition which could
reasonably be expected to be transmitted during the course of rendering those
services, such as tuberculosis, influenza, ringworm, scabies, head lice, pink
eye, impetigo, poison ivy, poison oak, flu, strep throat, chicken pox, and
viral infections. A licensee shall not perform services on a client or handle
equipment that will be used on clients if the licensee has an open sore or
other non-intact skin surface that may come into direct contact with the client
or equipment.
Section 13-7
Health Department Requirements
In addition to any requirements set forth in this section, all
licensees shall adhere to guidelines set forth by the Vermont Department of
Health for the control of communicable or infectious diseases including
blood-borne pathogens.
Section
13-8 New Technologies and Techniques
Beauty practices and technologies change constantly. Before
applying a new technology or technique to any client a licensee shall establish
that it is:
(a) lawful for use by the
licensee and for the purpose offered;
(b) not marketed on the basis of false or
misleading claims;
(c) a method the
licensee has adequate education, training, and experience to implement safely
and competently.
Section
13-9 Excluded Technologies and Techniques
No license issued under these rules authorizes the bearer
to:
(a) use lasers for any
purpose;
(b) perform cosmetic
tattooing, permanent cosmetics, or microblading; or
(c) compound, dispense, label, sell, trade,
or administer any prescription drug product.
