ADMINISTRATIVE RULES

BOARD OF

BARBERS AND COSMETOLOGISTS

effective November 7, 2005.


Pursuant to 26 V.S.A. § 276 the Board of Barbers and Cosmetologists adopts the following Administrative Rules.




Part 1.         General Information


1.1        Introduction:

The Board of Barbers and Cosmetologists (which is referred to as "the Board") has been created and given powers by Vermont law. Its purpose is to protect public health, safety and welfare by setting standards, licensing only qualified applicants, and regulating licensees and their practices.


1.2        Laws Governing the Board:

(a) The Board is governed by specific state laws that establish its responsibilities for setting standards, issuing licenses and regulating the profession. Those laws are found in 26 V.S.A. Chapter 6 §§ 271-289 and Chapter 5, Subchapter 3 of Title 3 ( 3 V.S.A.§§ 121- 131). In addition, the Board must comply with several other state laws such as the "Administrative Procedure Act" (3 V.S.A. §§ 801-849), the "Open Meeting Law" (1 V.S.A. §§ 310-314), and the Access to Public Records Law ( 1 V.S.A. §§ 315-320). These laws set forth the rights of an applicant, license holder, or member of the public.


(b) The complete text of any of these laws should be available from any local town clerk or library. They are also available through the Vermont Statutes Online (www.leg.state.vt.us).


1.3        Statutes Govern: When rules and statutes are inconsistent, statutes govern.




Part 2.         Definitions, Types of Licenses, Location of Practice


2.1        Definitions:

As used in these rules:

(a) “Active practice” means 2,500 hours of licensed practice within the preceding five years.

(b) "Antiseptic" means a substance that may kill bacteria or retard their growth. As a rule, antiseptics can be used safely on the skin.

(c) “Apprenticeship” means a period of study toward licensure under the direct supervision of a practitioner licensed in the profession for which licensure is sought. See rules specific to each profession governed by these rules.

 (d) “Basic Facial” is contained within the definition of esthetics. It includes basic cleansing, toning, moisturizing, hand manipulation and massage. However, unlike esthetics, basic facials exclude microdermabrasion, chemical peels, and application using high frequency current.

(e) “Board” means the Board of Barbers and Cosmetologists.

(f) "Clean" means free of dust, visible dirt, hair, spills, smudges, and generally in order.

(g) "Communicable,” “Infectious,” or “Contagious" refers to a disease or condition which may be spread from one person to another by direct or indirect contact. Some of the more contagious or communicable diseases are tuberculosis, common cold, ringworm, scabies, head lice, pink eye, poison ivy, poison oak, flu, strep throat, chicken pox, and viral infections.

(h) "Compensation" means personal enrichment, other than satisfaction or training which is gained by the performance of a service. This includes pay for services, tips, and the exchange of services, as in bartering.

(i) “Delegating professional responsibilities” as used in 3 V.S.A. §129a referring to persons not qualified includes and means that a shop owner and designated licensee must verify the licensure or apprentice status and identity of each person working in his or her shop. This includes booth renters. Any person practicing a profession governed by these rules must display a license. See Rule 9.2(g).

(j) “Disposable article” or “single use article” means any article constructed and intended to be used one time on one person then immediately discarded.

(k) "Disinfectant" means a substance which will destroy most bacteria and is used to sanitize implements, equipment and furniture.

(l) "Licensure by Endorsement" refers to the process by which a person licensed in another state is permitted to obtain a Vermont license without taking all the examinations a new licensee is required to take.

(m) “Failure to practice competently” 3 V.S.A. § 129a, includes within its meaning performing treatments or providing services which he or she is not qualified to perform or provide, or which are beyond the scope of his or her education, training, capabilities, experience, or scope of practice.

(n) “Good Standing” means the licensee holds a current, unrestricted license and has not been subject to disciplinary action resulting in a finding of unprofessional conduct within the previous five years.

(o) "Licensee" is a person who has met the requirements under the law and has applied for and received a valid barber, cosmetologist, esthetician, manicurist (nail technician), shop, or school license.

(p) “Microdermabrasion” means a gentle, progressive, very superficial mechanical exfoliation of the uppermost layer of the stratum corneum using a closed-loop vacuum system that utilizes aluminum oxide or corundum crystals as the abrasive material. A gentle Microdermabrasion treatment is less aggressive and non-invasive than “standard” (or “clinical”) Microdermabrasion and does not remove epidermis below the stratum corneum. The licensee must not perform treatments that involve the live layers of the skin.

(q) "Multi-use Article" means any article intended to be used or actually used more than once on more than one person which can be sanitized or sterilized.

(r) “Office” means the Office of Professional Regulation.

(s) "Sanitize" means treatment by any process that safely reduces the bacterial count and destroys viruses, including pathogens to a safe level on instruments, equipment, and other articles.

(t) Scope and limitations of practice:

(1) “Barbering” means: “engaging in the continuing performance, for compensation, of any of the following activities: 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, permanent waving hair or similar work by any means, with hands or mechanical or electrical apparatus or appliances.” 26 V.S.A. § 271(1). For purposes of these rules the term “facial” as applied to barbers means basic facials.

(2) "Cosmetology" means engaging in the continuing performance, for compensation in “work on the hair of any person, including dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similar work by any means, with hands or mechanical or electrical apparatus or appliances.” 26 V.S.A. § 271(3)(A). Cosmetology includes facials and manicuring. See, 26 V.S.A.§ 271(3)(B).

(A) For purposes of these rules the term “facial” as applied to cosmetologists means “basic facials.”

(B) For purposes of these rules the term “manicure” as applied to cosmetologists includes all aspects of manicure and pedicure practice, also known as nail technician practice.

(3) “Esthetics” means “massaging, cleansing, stimulating, manipulating, beautifying or otherwise working on the scalp, face or neck, by using cosmetic preparations, antiseptics, tonics, lotions or creams. "Esthetics" does not include the sale or application of cosmetics to customers in retail stores or customers' homes.” 26 V.S.A. § 271(5) Esthetics includes basic facials plus microdermabrasion as defined above, and chemical exfoliation.

(4) “Manicuring” or “nail technician practice” “means the nonmedical treatment of a person's fingernails or toenails or the skin in the vicinity of the nails, and includes the use of cosmetic preparations or appliances.” 26 V.S.A.§ 271(7).

(u) "Single-use Article" or disposable article means any article constructed and intended to be used one time on one person then immediately discarded.

(v) "Sterilize" means the process of rendering an object aseptic by the destruction of all bacteria and viruses.

(w) “Use of Lasers” means the use of laser technology for hair removal or other cosmetic purposes. Use of lasers is not permitted by these rules and is therefore prohibited.

(x) “Limit on the Scope of Practice” includes the use of any procedure in which human tissue is cut or altered by mechanical or energy form, including electrical or laser energy or ionizing radiation. Such procedures are prohibited for all individuals licensed under this chapter unless permitted under the supervision of a licensed health care practitioner acting within the scope of his or her license.

(y) Body piercing including ear piercing is not part of the scope of practice for which the board issues a license. Licensees may perform some ear piercing as limited by law. Any licensee who wishes to perform any body piercing, including ear piercing, should be sure to refer to the rules and statutes governing tatooists and body piercers to ensure compliance with the law. See, http://vtprofessionals.org/opr1/tattooists/ .


2.2        Types of Licenses: Practitioners are licensed as barbers, or cosmetologists, or estheticians, or manicurists (nail technicians). Licensees with proper qualifications who meet the requirements herein may hold more than one license.


2.3        Multiple Licensure Allowed:

(a) Persons possessing a cosmetology license issued before the effective date of these rules may continue under their scope of practice to perform esthetician or manicurist services as defined by these rules.


(b) A person in good standing holding a Vermont cosmetology license issued before the effective date of these rules may obtain an additional esthetician license or manicurist (nail technician) license by paying the appropriate fee and successfully completing that profession’s licensing examination.


(c) A duly qualified cosmetology applicant may obtain an additional license as a manicurist (nail technician) at the time of cosmetology licensure, by submitting an application to the office and paying the additional manicurist (nail technician) licensing fee, and successfully completing the examination to be a nail technician.


2.4        Location of Practice: The practices of barbering, cosmetology, esthetics, or manicure and pedicure (nail technician) are permitted only in shops licensed by the board, except as permitted in sections 281 and exempted by section 273(3) of Title 26.


2.5        Display of License: Any person practicing a profession governed by these rules must display a license. See Rule 9.2(g). Each person practicing a profession subject to these rules is required to have in his or her possession a current Vermont Photo Operator’s License or current Vermont State issued photo identification.




Part 3.         Information for Applicants


3.1        Application for Licensure:

Applications and information about the types of licenses and their requirements are available from the Office and on line. See, http://vtprofessionals.org . An applicant shall submit a fully completed application form with all supporting documentation and the fee to the Office. The Board reviews applications only after the fully completed application and documentation is received, including evidence of any required education, supervision, employment, evidence of a license in another jurisdiction and its licensing standards, or other licensing standards.


3.2        Licenses and First Renewal: An applicant issued an initial license within 90 days of the renewal date will not be required to renew or pay the renewal fee. The license will be issued through the next full license period. An applicant issued an initial license more than 90 days prior to the renewal expiration date will be required to renew and pay the renewal fee.


3.3        License Denials, Hearings, Appeals:

(a) If the Board preliminarily denies an application for a license or renewal, the Board shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition with the Board for review of its preliminary decision within 30 days of the date on which the notice is mailed. After the hearing, the Board shall affirm or reverse the preliminary denial, explaining the reason therefore in writing.


(b) A party aggrieved by a final decision of the Board may appeal in the manner provided by section 130a of Title 3. The review shall be conducted on the basis of the record created before the Board. Each decision by the Board shall inform parties of their appellate rights.


3.4        General Requirements for Apprenticeships (Specifics for Each Profession Set Forth Later in These Rules):

(a) Each apprentice shall receive his/her instruction from a supervising licensee in good standing who has been licensed and in active practice for a minimum of five (5) consecutive full-time years immediately prior to the time of the apprenticeship. The supervising licensee is permitted to supervise only an apprentice seeking the same license which the supervisor possess. (For example, a barber may only supervise an apprentice training to obtain a barber license, a cosmetologist may only supervise an apprentice training to obtain a cosmetologist license, etc.)


(b) Prior to the beginning of the apprenticeship, the supervisor must indicate on a form provided by the Board that the licensee accepts the responsibility to train and supervise the apprentice according to the requirements of Title 26 Chapter 6 and these rules. An apprentice may transfer to another shop apprenticeship or supervisor after Board approval of an “Acceptance of Responsibility” form (as above) from a licensee/supervisor in good standing.


(c) A supervisor may accept responsibility for only one apprentice at any given time. The apprentice is not permitted to work if the supervisor is not physically present.


(d) The supervisor shall keep a weekly record of the apprentice's attendance, a copy of which must be provided to the apprentice. The weekly record shall include:

(1) name of the apprentice;

(2) name and address of the shop;

(3) dates the apprentice worked;

(4) total number of hours worked during the week;

(5) work processes performed on the days the apprentice worked;

(6) signature of the supervisor; and

(7) signature of the apprentice.


(e) The shop owner shall post a copy of the Board’s “Apprentice Approval Letter,” with the other licenses at eye level at the front entrance of the shop.


(f) An apprentice shall spend no more than 30 minutes a day cleaning during hours that are being documented as part of the apprenticeship requirement.


(g) An apprentice shall wear a badge or name tag which shall also state “Apprentice.”


(h) These rules do not govern whether or not the apprentice is paid money or a stipend.


(i) Once apprentice training is completed, no person may practice until he or she has successfully completed required examinations and has been issued a license by the Board.


(j) An apprenticeship ends when the applicant receives his or her licensing examination score results (pass or fail) or reaches the maximum number of hours for the internship, which ever occurs first.


(k) A person who has completed an apprenticeship to become a cosmetologist is deemed to have satisfied the apprenticeship requirements for manicurists (nail technicians).


(l) Limitation: A person who has completed the required apprenticeship period cannot continue to practice as an apprentice.




Part 4.         Examination(s)


4.1        Information about Examinations: The examinations required for licensure may be administered by an examination service approved by the Board. Applicants wishing to be examined for licensure as a barber, cosmetologist, esthetician or manicurist (nail technician) should contact the Office or its designee to obtain information on the examination.


4.2        Retaking Examinations, Fees: An applicant may take or retake an examination for licensure only after payment of the applicable examination fee.


4.3        Partial Credit: Applicants who are required to successfully complete national examinations and who do not pass all sections can receive credit for the portion passed. They must re-take the portions of the examination failed.


4.4        Validity of Scores: Passing scores will remain valid for one year only. Applicants who do not successfully complete all portions of the examination within one year must retake the entire examination.


(a) For example: On June 1 the applicant passes the practical portion of the exam, but fails the written portion. So long as the written exam is passed by the following May 31, the applicant is not required to retake the practical portion. If the entire exam is not successfully completed by May 31, the applicant loses credit for the practical portion and must take the entire examination as if for the first time. There is no limit on the number of times a person may take the licensing examination.

 



Part 5. Barber Licensure


5.1        Barber Licensure Explanation: Qualifications for barber licensure are outlined in 26 V.S.A. §277. Licenses are issued by examination or endorsement.


5.2        Applicants for barber licensure by examination shall comply with either section (a) or (b) below:


(a) Formal Education: Applicants must:

             (1) be at least 18 years of age;

             (2) have a high school or general education development diploma;

             (3) have satisfactorily completed an accredited barber school program of 1,000 hours: they must also:

             (4) successfully complete national written and practical examinations; and

             (5) successfully complete the Vermont laws and rules examination; and

             (6) for only so long as 26 V.S.A. § 277 continues to require it, complete a 12 month apprenticeship.


(b) Apprenticeship: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an apprenticeship of no less than 12 months or no more than 36 months and consisting of no fewer than 2,000 hours and no more than 3,000 hours; they must also:

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination.

(6) A person who has completed the required apprenticeship period cannot continue to practice as an apprentice. Once apprentice training is completed, no person may practice until he or she has successfully completed required examinations and has been issued a license by the Board.


5.3        Applicants for barber licensure by endorsement shall:

(a) have a current barber 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.


5.4        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. § 277 and Rule 5.2.


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.


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.


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.


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. Cosmetologist Licensure


6.1        Cosmetologist License Explanation: Qualifications for cosmetology licensure are outlined in 26 V.S.A. §278. Licenses are issued by examination or endorsement.


6.2        Applicants for cosmetology licensure by examination shall comply with either section (a) or (b) below:

(a) Formal Education: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an accredited school of cosmetology approved by the Board of at least 1,500 hours of which a portion shall be sufficient to assure competence in nail technician practice;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination.


(b) Apprenticeship: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an apprenticeship of not less than 12 months nor more than 36 months and consisting of no fewer than 2,000 and no more than 3,000 hours;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination.

(6) A person who has completed the required apprenticeship period cannot continue to practice as an apprentice. Once apprentice training is completed, no person may practice until he or she has successfully completed required examinations and has been issued a license by the Board.


6.3        Applicants for cosmetology licensure by endorsement shall:

(a) have a current cosmetology 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.


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.


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.


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.


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.


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.         Esthetician Licensure


7.1        Esthetician License Explanation: Qualifications for esthetician licensure are outlined in 26 V.S.A. §279. Licenses are issued by examination or endorsement.


7.2        Applicants for esthetician licensure by examination shall comply with either section (a) or (b) below:

(a) Formal Education: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an accredited school of cosmetology or training program of esthetics approved by the Board of at least 600 hours;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination.


(b) Apprenticeship: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an apprenticeship of not less than 12 months or more than 18 months consisting of no fewer than 800 and no more than 1,200 hours;

(4) successfully complete national written and practical examinations; and

             (5) successfully complete the Vermont laws and rules examination; 

(6) Limitation: A person who has completed the required apprenticeship period cannot continue to practice as an apprentice. Once apprentice training is completed, no person may practice until he or she has successfully completed required examinations and has been issued a license by the Board.


7.3        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.


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.


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.


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.


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.


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.         Manicurist (Also Known as “Nail Technician”) Licensure


8.1        Manicurist License Information: Qualifications for manicurist licensure are outlined in 26 V.S.A. §280. Licenses are issued by examination or endorsement.


8.2        Applicants for manicurist (nail technician) licensure by examination shall comply with either section (a) or (b) below:

(a) Formal Education: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an accredited school of cosmetology or nail technician program approved by the Board of at least 400 hours;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination.


(b) Apprenticeship: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an apprenticeship of no fewer than 8 months nor more than 12 months consisting of no fewer than 600 and no more than 900 hours;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination;

(6) Limitation: A person who has completed the required apprenticeship period cannot continue to practice as an apprentice. Once apprentice training is completed, no person may practice until he or she has successfully completed required examinations and has been issued a license by the Board.


8.3        Applicants for manicurist (nail technician) licensure by endorsement shall:

             (a)        have a current manicurist (nail technician) 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.


8.4        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. § 280 and Rule 8.2.


8.5        Beginning a Manicurist (Nail Technician) 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 50 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 be extended beyond 12 months.


8.6        Education Component: The apprenticeship must include subjects as presented by standard cosmetology and barbering text books which shall include:

(a) anatomy and physiology, including specific to 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) Vermont Barbers and Cosmetologists State Laws and Rules.


8.7        Competencies Acquired: At the conclusion of the nail technician apprenticeship, the apprentice shall have acquired the following competencies:

(a) manicuring;

(b) acrylic nail, nail gels, nail tip, nail wrap application, and repairs;

(c) nail drill;

(d) pedicuring;

(e) acrylic: liquid and powder brush-ons;

(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,

(j) laws, rules, regulations, and;

(k) professional ethics.


8.8        Transfer of School Hours: Persons who within three (3) months of applying for an apprenticeship have successfully completed manicurist (nail technician) training consisting of 150 hours or more in a trade or vocational school or in an accredited program or course of studies or manicurist (nail technician) program may, upon proper documentation, apply no more than 150 hours toward the apprenticeship.





Part 9. Shops and Schools

 

9.1        Shop Licenses Required Applicants for a shop license shall:

(a) submit a completed application and required fee;

(b) submit a floor plan of the shop which shall include all areas being used and not registered as a separate business;

(c) pass an inspection of the shop by the Board or its designee, and;

(d) submit documentation of incorporation, trade name, partnership agreement, or any other document or affidavit which constitutes reliable proof of ownership.


9.2        General Requirements for Shops:

(a) The shop shall have a designated licensee on the premises who is responsible for overall safety, cleanliness, and sanitation of the shop. Shop owners and designated licensees are responsible at all times for the overall cleanliness and sanitation of the shop.


(b) Shop owners and designated licensees are responsible for ensuring that any person practicing a profession governed by these rules in their shop has a valid license issued by the Board, and has in their possession at all times while working a current Vermont photo license or current Vermont state  issued photo identification.


(c) Designated licensees shall have been in practice for a minimum of one year containing no fewer than 1,500 hours practice.


(d) If the shop is in a private home, there must be a separate room, for cosmetology or barbering which is the only place in the house where cosmetology or barbering is practiced.


(e) Each shop granted a license after the effective date of these rules shall have:

(1) its own separate entrance, and;

(2) its own separate bathroom.


(f) A sign must be visibly displayed outside on the premises where a shop is located.


(g) The shop license, all personal licenses, and a copy of any apprenticeship approval letter shall be displayed together at eye level at the front entrance of the shop;


(h) Any changes in shop floor plans must be submitted to the Board Office and may be the basis of another inspection.


(i) A change of shop location or ownership is considered the equivalent of opening a new shop. New shop openings may not occur without prior notice, opportunity for Board inspection, and approval by the Board.


(j) A cosmetology shop shall not use a barber pole or barber logo inside or outside of the shop. The terms “barber,” or “barbering,” or barber logos shall not be used in the name of the cosmetology shop.

 

9.3        Inspections:

(a) Licensees, shops, schools, and facilities, such as designated areas in hospitals, nursing homes and community care facilities which are regularly used for licensed activities as permitted by 26 V.S.A. § 273 and these rules, are subject to the Board’s inspection authority and shall permit the Board or its designee to inspect a shop, school or facility, and equipment during business hours or as otherwise arranged to ensure that the shop, school or facility is in compliance with these rules.


(b) Schools must provide to the Board or its designee a copy of the last National Accrediting Commission of Cosmetology Arts and Sciences (NACCAS) report, if NACCAS certified or copy of the last accreditation report by another accreditation body, if not NACCAS accredited. Changes in floor plans, including expansion of facilities must be reported to the Board before they occur to permit the Board or its designee to inspect.


(c) Reinspection fees may be waived in part or in full at the discretion of the Director of the Office of Professional Regulation.




Part 10.       Additional Requirements for Professional Schools and Instructors


10.1      School Licensure:

Qualifications for school licensure are outlined in 26 V.S.A. § 281.

(a) Applicants for a school license shall:

(1) submit a completed application and required fee;

(2) submit a list of equipment to be used in the school;

(3) submit a floor plan of the school showing size and arrangement of class rooms and placing of equipment including entrances, bathrooms and storage areas; and

(4) submit the school curriculum, scope and sequence, including any texts or workbooks used, and equipment/supply requirements;

(5) submit school policies on non-discrimination, student participation in customer services, requirements of purchase of any equipment, material, subscription or clothing of students and complaint receipt and restitution;

(6) submit documentation of incorporation, trade name, partnership agreement or any other document or affidavit which constitutes reliable proof of ownership; and

(7) pass an inspection of the school by the Board or its designee.

(8) Notify the Board prior to any change of ownership, location, expansion or substantial change of floor plans to permit the Board to inspect if appropriate.


10.2      Requirements for Schools:

(a) Each school shall:

(1) Have a sign prominently displayed showing that it is a school of cosmetology.

(2) Have the equipment necessary for teaching all of the subjects included in the curriculum.

(3) Have a sign prominently displayed which reads "Student Work Only" in the room used for instructional purposes.

(4) Maintain records of daily attendance. These records must show the item of study of each subject.

(5) Have a separate entrance.


(b) Instructors: To ensure that instructors are competent, each instructor shall obtain an instructor’s endorsement from the Board. Applications for the endorsement are available from the Office or online. Schools are responsible for verifying that their instructors have complied with the requirements of these rules. Each instructor shall:

(1) Have three (3) full-time years of experience or possess sufficient teacher education and experience to permit the Board to determine that the instructor applicant’s background is equal to those of a practitioner with three years experience;

(2) be licensed in each profession under these rules which they teach. For example, a person teaching barbering must be a licensed barber. A cosmetology teacher must be a licensed cosmetologist. Manicure (nail technician) teachers must be licensed as manicurists, and esthetician teachers must be licensed as estheticians;

(3) have passed an instructor’s examination approved by the Board for each profession taught; and

(4) take a minimum of 24 hours professional education approved by the Board per licensing period beginning the first full period after an instructor’s endorsement is issued of which no fewer than 6 hours are dedicated to teaching, the rest being in their licensed profession(s). Courses in business management and financial management will not be approved.


(c) Endorsements: Schools shall prominently display copies or originals of instructor endorsements.


(d) Audits: The Board may conduct random audits of school files to verify completion of continuing education. Upon request by the Board, schools and instructors shall provide documentation to show compliance with these rules. Records of continuing education shall be maintained by schools for each instructor for a period of seven years.


(e) Grandfather Clause: Persons who before January 1, 2004 began teaching on a regular schedule at least half time in an accredited school in this state or other jurisdiction with substantially similar standards are exempted from the examination requirement.


10.3      Barbering Course Requirements: The school, if offering a barber course, must offer a 1,000 hour course of study which shall include at a minimum the following:

(a) shampooing;

(b) straight razor shaves and beard trims;

(c) permanent waving and straightening;

(d) basic facials;

(e) hair coloring, including temporary, semi-permanent and permanent;

(f) hair cutting, hairstyling and hair shaping;

(g) clipper cutting;

(h) hair analysis and scalp treatments;

(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, laws, rules, regulations;

(m) professional ethics; and

(n) knowledge of the history of the profession.


10.4      Cosmetology Courses Requirements: The school, if offering a cosmetology course of study, must offer a 1,500 hour course of study which shall include at the minimum the following:

(a) shampooing;

(b) waxing;

(c) permanent waving and straightening;

(d) finger waving/pin curls/roller formation;

(e) manicuring (nail technician practice);

(f) basic facials;

(g) hair analysis & scalp treatments;

(h) hair coloring, including temporary, semi-permanent and permanent;

(i) hair cutting, clipper cutting, hairstyling, and hair shaping;

(j) sanitation and sterilization techniques for all equipment, supplies, general and specific chemical and waste storage areas;

(k) sanitary personal health and hygiene understanding;

(l) safe chemical storage, use, and disposal and reference material requirements;

(m) sanitation, sterilization, hazardous substances, hygiene, anatomy, laws, rules, regulations, and;

(n) professional ethics.


10.5      Esthetician Course Requirements: The school, if offering an esthetician course of study, must offer a 600 hour course of study which shall include at a minimum the following:

(a) facials;

(b) use of microdermabrasion;

(c) chemical peels/exfoliation;

(d) mask therapy;

(e) chemicals;

(f) electrical machines used in esthetics;

(g) eyebrow arching and hair removal;

(h) makeup techniques and services;

(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, laws, rules, regulations, and;

(m) professional ethics.


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.

 

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.


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.


 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.


10.10    Badges: Schools shall require students to wear badges identifying themselves as students.


10.11 Posting Board Rules: Current Board laws and rules must be posted in a conspicuous location accessible to the students.




Part 11.       Exemptions


11.1      Activities Exempt from Licensure: The following are exempt from the licensure requirements under these rules:

(a) the practice of barbering or cosmetology which is not performed for compensation (see the definitions section of these rules, above);


(b) the practice of a profession regulated under these rules by a student at a school licensed by the Board or by a registered apprentice under these laws;


(c) the practice of other legally recognized professions by those licensed in this State to do so;


(d) the service of make-up artists or hairdressers in the theatrical and performing arts industries.


11.2      Prohibition on “Holding Oneself Out”: In any of the above situations in Rule 11.1, the person must not hold him or herself out as a barber, cosmetologist, manicurist (nail technician) or esthetician.


11.3      Exemptions from Shop Requirements:

When a licensee is providing professional services in a profession regulated under these rules outside a licensed shop, services may be provided only to:

(a) persons who are homebound, disabled, or,

(b) residents or patients only in a hospital, nursing home, community care facility, or hospice or similar program. "Homebound" or "disabled" persons are those who, due to their mental or physical condition, are significantly impaired in their ability to travel to their regular licensed professional or, in the case of those who do not have a regular licensed professional, the significant impairment of their ability to travel to any licensed shop,

(c) residents in a correctional facility,

(d) Professional services provided to anyone other than those in sections (a) and (b) above, for example hospital staff, family members of a resident, may not occur in a hospital, nursing home, community care facility, hospice of similar facility unless that facility possesses a valid shop license issued by the Board.


11.4      Laws and Rules Applicable To Practice Outside Shops: Licensees, even when practicing outside a licensed shop, shall abide by all safety and sanitation laws prescribed by the Board. Licensees shall keep all records pertaining to names of customers, times, places and supporting documentation relating to services rendered outside a licensed shop. The Board may request them for review to verify compliance with these rules.




Part 12.       Sanitation and Safety Standards for Shops and Schools


12.1      Sanitation and Safety Standards: Licensees are responsible to assure that any shop, school or facility where barbering, cosmetology, esthetics practice, or manicure or pedicure (nail technician practice) is practiced is clean and sanitary at all times. 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.


12.2      Disinfection and Storage of Implements: The Board encourages the use of single use/disposable articles whenever possible. If non-disposable articles are used, they shall be disinfected after each use.

(a) 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.

 

(b) Disinfection solutions: must be used according to manufacturer's directions.

 

(c) 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) Electrical clipper blades and scissors shall be disinfected before and after each use. If the clipper blade cannot be removed, the use of a spray, or foam used according to the manufacturer's instructions will be acceptable provided step (a) is followed, that the disinfectant is an EPA registered hospital (grade) and tuberculocidal disinfectant solution, and that the entire handle is also disinfected by wiping with the disinfectant solution.

 

(e) All materials including brushes, sponges, chamois, spatulas and 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 manufacturer's directions.

 

(f) 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) Each manicurist must have a wet disinfection unit at their station. Each manicurist must also have a non-airtight covered receptacle, a UV light cabinet, or an EPA registered disinfectant/storage system at their station.

 

(h) 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) Drill bits are to be soaked in acetone and/or scrubbed with a wire brush to remove all debris.

 

(j) 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) 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.

 

(l) NOTE: All debris must be removed. 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.


12.3      General Sanitation and Safety Requirements:

(a) Sanitation and Safety Requirements:

(1) Floor surfaces in the immediate work area must be of a washable surface other than carpet. The floor must be kept clean, free of hair between clients, dropped articles, spills and electrical cords.

(2) Walls and ceilings in the immediate work area(s) must be in good repair, free of water seepage, stains and dirt.

(3) There must be a fully functional bathroom, in the same building with no open storage of chemicals, with a working toilet and sink available for customers. Fixtures must be in good condition. The bathroom must be lighted and sufficiently ventilated. If there is a window, it must have a screen. There must be liquid soap and clean individual towels for the clients’ use. Laundering of towels is allowed, space permitting. The bathroom must not be used as a work area.

(4) General areas for customer use must be neat and clean with a covered waste receptacle for common trash.

(5) 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.

(6) Electrical cords shall be placed to prevent tripping or entanglement.

(7) Electrical outlets shall be covered by plates.

(8) The shop area shall be sufficiently ventilated to exhaust hazardous or objectionable airborne chemicals, and allow the free flow of air.

(9) Adequate lighting shall be provided.

(10) All shops and immediate work areas shall be free of insects, rodents, or any type of animals. Service animals such as hearing and seeing eye dogs are exempt.


(b) Equipment sanitation:

(1) 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.

(2) 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.

(3) The top of work stands, back bars, service chairs, dryers and dryer chairs shall be kept clean.

(4) The work area shall be free of clutter, trash, and any other items which may cause a hazard.

(5) Heat producing appliances and equipment shall be placed so as to prevent any accidental injury.

(6) Electrical appliances and equipment shall be in safe working order at all times.


(c) Articles, tools and products:

(1) Any multi-use article, tool or product which cannot be cleansed or sanitized is prohibited from use.

(2) Tools, implements, linens, and multi-use articles shall be cleaned, sanitized and/or sterilized prior to use upon each client.

(3) Soiled implements must be removed from the tops of work stations immediately after use.

(4) Spatulas or other clean tools shall be used to remove bulk substances from containers.

(5) Powder puffs, lip color, cheek color, sponges, or styptic pencils, which cannot be sanitized or sterilized, are prohibited from being used on more than one client.

(6) Lotions, ointments, creams, and powders shall be kept in closed containers. Use a clean spatula to remove creams or ointments from jars. Use sterile cotton to apply lotions and powders. Re-cover cosmetic containers after each use. When manicuring, provide a sanitary container or finger bowl for each client. Discard emery boards after use.

(7) 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.

(8) All sharp tools and implements, and heat producing appliances shall be safely stored.

(9) Pre-sanitized tools, implements, linens and equipment shall be stored for use in a sanitary enclosed cabinet or covered receptacle.

(10) Soiled tools, linens and implements shall be stored separately. They shall be deposited in a container made of cleanable, impervious materials.

(11) 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.

(12) 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. 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.


(d) Chemical storage and emergency information:

(1) 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.

(2) Shops and facilities shall have a blood spill clean-up kit in all work areas.

(3) Flammable chemicals shall be stored in a flammable storage cabinet or a properly ventilated room.

(4) Chemicals which could interact in a hazardous manner (oxidizer, catalysts and solvents) shall be separated in storage.

 

(e) Client-customer health guidelines: 

(1) No licensee shall perform professional services on a client if the licensee has a communicable or infectious disease or condition which could reasonably be expected to be transmitted during the course of rendering those services. Some of the more communicable or infectious diseases are tuberculosis, common cold, ringworm, scabies, head lice, pink eye, impetigo, poison ivy, poison oak, flu, strep throat, chicken pox, and viral infections.

(2) No licensee should 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 piece of equipment.

(3) No licensee shall serve a patron whom the licensee suspects to have a communicable or infectious disease which could reasonably be expected to be transmitted during the rendering of professional services.

(4) 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.

(5) No licensee shall use permanent hair color or a permanent waving chemical on the eyelashes of clients.


12.4      Health Department Requirements: In addition to any requirements set forth in this section, all individuals licensed herein shall adhere to guidelines set forth by the Vermont Department of Health for the control of communicable or infectious diseases including blood borne pathogens. These guidelines will be available from the Board Office or via the Department of Health’s Web site at www.state.vt.us/health .



 

Part 13.       New Products, New Technologies


13.1      Microdermabrasion: No microdermabrasion machine may be used by a licensee unless the microdermabrasion machine meets the following criteria:

(a) When used according to manufacturer’s instructions, no removal of the epidermis beyond the stratum corneum occurs.

 

(b) Microdermabrasion machine models used must be closed systems only.


13.2      Operator Requirements:

(a) Licensees must be appropriately trained by the manufacturer before use.

(b) Licensees must post or have on file, a copy of the Certificate of Training issued by the manufacturer.

(c) Microdermabrasion machines must be used only in accordance with specific manufacturer’s directions.

(d) Microdermabrasion machines must be maintained and filters changed in accordance with manufacturer’s requirements and any applicable laws.

(e) Microdermabrasion machines must be kept in a clean, sanitary and safe manner at all times.


13.3      Single Use: Aluminum oxide crystals or manufacturer approved corundum used in microdermabrasion machines may not be reused or recycled. Aluminum oxide crystals or approved corundum are for single use purposes and must be discarded after each use in accordance with federal, state, and local disposal regulations for such substances. All products employed for microdermabrasion shall be used in accordance with manufacturer’s recommendations.


13.4      Compliance date: Persons who were performing microdermabrasion prior to the effective date of these rules must comply with these rules within 90 days of the effective date of these rules.


13.5      New Devices, New Procedures: Warning to Practitioners:

(a) New devices for cosmetology or esthetics appear on the market all the time. It is not feasible for the Board to adopt new rules governing the use of each new device. The Board does not pre-approve particular devices for use in any of the fields covered by these rules.


(b) Practitioners should not assume that merely because a particular device is available on the market and being offered to licensees, that it is safe or appropriate for use by licensees. Some devices seen in the recent past being offered for sale to cosmetologists and estheticians, for example laser hair removal devices and some microdermabrasion units, are considered to be medical devices. Their use constitutes medical practice, outside the scope of practice of these professions.


13.6      Duty to Use Devices Safely: It is the responsibility of licensees to ensure that the devices or materials they use are safe and used correctly. Failure to do so can be grounds for disciplinary action.




Part 14.       Renewals, Lapses, Reinstatements


14.1      Biennial License Renewals:

Barber licenses and Barber Shop licenses expire on September 30th of the even numbered years. Cosmetologist, manicurist (nail technician), and esthetician licenses and their respective shop licenses expire on November 30th of the odd numbered years. Licensees shall renew by the expiration date printed on their license. Before the license expiration date, the Office will mail a renewal application and notice of renewal fee. Licenses will expire automatically if the renewal application and fees are not returned to the Office by the expiration date.


14.2      Report Changes to the Office: Each licensee is responsible for notifying the Office promptly if he or she changes name, mailing address or business address.


14.3      Maintaining Professional Competence, Continuing Education: Except for instructors, See, 10.2(b)(4) the Board does not mandate continuing education. Licensees are encouraged to expand their professional education and skills by participating in continuing education, both formal and informal. Practitioners are reminded that it is unprofessional conduct and a failure to practice competently for a licensee to perform treatments or provide services which he or she is not qualified to perform or provide, or which are beyond the scope of his or her education, training, capabilities, experience, or scope of practice.  


14.4      Reinstating Licenses: A license which has expired may be reinstated by submitting an application to the Board and paying a renewal fee plus a late renewal penalty.


14.5      Long term lapses: If more than three (3) years has passed between license expiration and a request for reinstatement, an applicant who is not eligible for licensure by endorsement must successfully complete the Vermont Board of Barbers and Cosmetologists practical, written, and state laws and rules examinations. Applicants should contact the Board Office for instructions on how to renew an expired license.




Part 15.       Unprofessional Conduct


15.1      Complaints of Unprofessional Conduct: The Board follows Office procedure for receiving, investigating and acting on complaints of unprofessional conduct. Copies of the procedure, complaint forms and more information about the complaint process may be obtained from the Office or via the Office of Professional Regulation web site, http://vtprofessionals.org .


15.2      Grounds for Discipline:

(a) 3 V.S.A. § 129a defines unprofessional conduct for all professions including those governed by these rules and the statutes governing those subject to these rules. Whenever its provisions are in conflict or overlap with the statutes specifically governing these professions, or these rules, the provisions which provide the most safety to the public shall apply. Chapter 6 of Title 26 of the Vermont Statutes contains specific definitions of unprofessional conduct for the professions subject to these rules.


(b) The Board also has authority to decide complaints of unauthorized practice as indicated in 3 V.S.A. § 127.

    

15.3      Sanctions for Unprofessional Conduct: Possible disciplinary actions the Board may impose on the license of a person subject to these rules may include:

(1) denial of a license;

(2) warnings or reprimands;

(3) suspension for a period of time to be determined by the Board;

(4) revocation;

(5) limitations on practice;

(6) setting conditions for practice or resumption of practice;

(7) denial of reinstatement; and/or

(8) imposition of a civil penalty of up to $1,000 for each instance of unauthorized practice or unprofessional conduct.


15.4      Public Records: All Board decisions on disciplinary complaints are public records. Unprofessional Conduct decisions are available online or from the office.