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OKLAHOMA STATE BOARD OF COSMETOLOGY

 

RULE IMPACT STATEMENT

 

PERMANENT RULES

 

JANUARY 26, 2009 PERMANENT RULES HEARING

 

(A) PURPOSE: The proposed rules would prohibit fish pedicures or other cosmetology procedures using fish or animals, and establish specific procedures for cleaning and disinfecting pedicure equipment.  The proposed rules clarify the scope of practice of licensees in regard to certain facial procedures, and establish the types of exfoliating substances and devices that are prohibited for use in facial procedures.  The purpose of the revisions and new rules is to protect the public from potentially unsafe and unsanitary cosmetology procedures performed in cosmetology establishments regulated by the State Board of Cosmetology

 

(B) AFFECTED CLASSES OF PERSONS:  The proposed new rules will affect consumers who obtain cosmetology services provided in licensed cosmetology establishments.  The rules will also effect owners of cosmetology establishments and persons licensed to provide cosmetology services.  No cost impacts have been received to date. 

 

(C) PERSONS WHO WILL BENEFIT:  Consumers of cosmetology services provided in licensed cosmetology establishments will benefit from the proposed rules which would protect them from potentially unsafe and unsanitary cosmetology procedures.  Cosmetology licensees will benefit from the certainty of rules regarding the use of exfoliating substances and devices used in facial procedures. 

 

(D) PROBABLE ECONOMIC IMPACT ON AFFECTED CLASSES OF PERSONS: The proposed rules will have no economic impact on consumers of cosmetology services.  There is potential for economic impact on cosmetology establishments and licensees who may have invested funds in supplies and equipment to provide fish pedicures or in the proposed prohibited substances and devices for facial procedures. 

 

(E) PROBABLE COSTS AND BENEFITS TO THE AGENCY; SOURCE OF REVENUE FOR IMPLEMENTATION AND ENFORCEMENT:

No additional cost to the agency or effect on state revenues is anticipated.

 

(F)ECONOMIC IMPACT ON OR COOPERATION OF POLITICAL SUBDIVISIONS: No effect on any political subdivision is anticipated. 

 

(G) ADVERSE ECONOMIC EFFECT ON SMALL BUSINESS:  The Board of Cosmetology is exempt from the Oklahoma Small Business Regulatory Flexibility Act, pursuant to 75 O.S. 502(1). 

 

(H) COMPLIANCE COST MINIMIZATION:   The agency is unaware of any non-regulatory methods to achieve the purpose of these proposed rule changes.

(I) EFFECT ON PUBLIC HEALTH, SAFETY, AND THE ENVIRONMENT: 


A fish pedicure, in which certain species of fish are used to remove dead skin from the feet may result in the transmission of diseases to and between customers through the fish, or the water in which the fish are kept.  The Department of Wildlife Conservation has expressed concerns about the dangers to Oklahoma lakes and streams if the fish, a non-native species, find their way into Oklahoma waters when the salons dispose of the fish when they grow too large to be used for pedicures.  The disposal of fish into the sanitary sewer system may also negatively impact the functioning of wastewater treatment facilities. 

 

 

Date Prepared:  December 15, 2008





PUBLIC COMMENT HEARING AND BOARD MEETING

January 26, 2009

2401 NW 23rd Street, Suite 84

Testing Center

Oklahoma City, OK  73107

9:00 am

Gretchen Payne, Board Chair – Presiding

 

This Public Comment Hearing is scheduled pursuant to Title 75 of the Oklahoma Statutes, Section 303 B, C.  The public is invited to the hearing to present oral argument, data, and views on the proposed rule changes.  All persons wishing to speak must sign in by 9:05 a.m.

Proposed amended rule:

175:10-7-25

Proposed new rule:

175:10-7-29

175:10-7-30

1.                  Call To Order

2.                  Roll Call

3.                  Opportunity For the Board to Receive Public Comment on Proposed Rules.  Persons Wishing to Speak must Sign in By 9:05 a.m. 

4.                  Consideration/Review of Public Comments Regarding Rules

5.                  Discussion and Action on Adoption of Amended Rule 175:10-7-25

6.                  Discussion and Action on Adoption of New Rule 175:10-7-29

7.                  Discussion and Action on Adoption of New Rule 175:10-7-30

8.                  Meeting Adjourned







The Oklahoma State Board of Cosmetology is proposing Permanent rules under the authority of Title 59 O.S., Section 199.3 B(1). 
 

175:10-7-25.  Animals, birds, pets prohibited in cosmetology schools and related establishments

    Animals, birds, and/or other pets shall be prohibited in a cosmetology establishment or school, unless otherwise provided by law.  The use of fish or other animals in performing a cosmetology service in a cosmetology establishment or school, including but not limited to fish pedicures is prohibited.

  

175:10-7-29.  Facial procedures, devices and equipment

(A) Cosmetic exfoliating substances include cosmetic-use alpha hydroxyl acids (glycolic and lactic acids), beta hydroxyl acids (salicyclic acid), Jessner’s Solutions, and resorcinol. 

(B)  Licensees are prohibited from performing facial procedures using cosmetic exfoliating substances or devices that effect more than the top layer (stratum corneum) or outer most layer of dead cells on the skin.  A cosmetic exfoliate is not intended to remove viable (living) skin below the stratum corneum.  Use of such substances and devices are deemed beyond the scope of practice of persons and establishments licensed by the Board of Cosmetology.

(C)_ Prohibited cosmetic exfoliating substances include products with an acid content that exceeds 30%, with a pH level lower than 2.5.

(D)  Licensees shall only use devices and machines that are registered with the FDA.

The use of devices and equipment classified by the U.S. Food and Drug Administration as Level II, Level III and Level IV medical devices is prohibited. 

  

175:10-7-30.  Pedicure equipment and procedures for cleaning and disinfecting after each client use

    Pedicure equipment is a unit that holds water for a pedicure service, including whirlpool spas, “pipe-less” units, footbaths, basins, tubs, sinks and bowls which shall be cleaned by scrubbing surface with a brush, using an enzymatic or surfactant detergent (soap) and water.  After cleaning, pedicure equipment, tools and implements shall be disinfected by using an EPA-registered disinfectant as prescribed in Board rule 175:10-7-6.  Board rules regarding the cleaning and sanitizing of cosmetology tools and implements apply to all tools and implements used for pedicures.

 
Summary - The proposed rules would prohibit fish pedicures or other cosmetology procedures using fish or animals.  The proposed new rules also establish specific procedures for cleaning and disinfecting pedicure equipment.  Many cosmetology establishments are interested in offering fish pedicures, a procedure which involves the use of certain species of fish to nibble or suck dead skin from the feet.  The rules would prohibit use of any animal in performing a cosmetology service in a cosmetology establishment or school.  The procedure poses potential risks to the health and safety of customers and the environment, and is not amenable to existing effective sanitization procedures.
 
The proposed new rules also establish that use of exfoliating substances or devices that affect more than the outermost layer of skin cells is prohibited and is beyond the scope of practice of licensees.   Current board rules are unclear about the extent of the scope of practice of licensees in regard to the use of certain substances and devices to perform facial procedures.  The proposed new rule is intended to clarify the scope of practice of licensees in regard to certain facial procedures.  The rules are needed to clarify what substances and devices may be used in cosmetology establishments by cosmetology licensees
 
The intended effect of the revisions and new law is to protect the public from potentially unsafe and unsanitary cosmetology procedures performed in cosmetology establishments regulated by the State Board of Cosmetology.
 
Written and oral comments will be accepted until the conclusion of the public rules comment hearing on Monday, January 26, 2009.  Comments may be submitted to Sherry Leveling, Executive Director, 2401 NW 23rd Street, Suite 84, Oklahoma City, OK  73107.
 
A rules hearing is scheduled for Monday, January 26, 2009 at 9:00 am at 2401 NW 23rd Street, Suite 84 (Testing Center), Oklahoma City, OK  73107.  Persons wishing to provide oral comment must sign in at the door no later that 9:05 a.m.
 


NOTICE! URGENT! IMMEDIATE RESPONSE REQUIRED!

Effective Nov. 1, 2007, Oklahoma law requires all natural persons fourteen (14) years of age or older applying for or renewing a license to verify his or her lawful presence in the United States by executing a sworn affidavit indicating that the person is either a U.S. citizen, U.S. national, legal permanent resident alien, or qualified alien. 56 O.S. Supp. 2007 71. You must complete and return either the Option 1 affidavit or the Option 2 affidavit, whichever is applicable.

The appropriate affidavit must be completed and returned within ten (10) days. LICENSE APPLICATION OR RENEWAL MAY BE DENIED, SUSPENDED OR REVOKED FOR FAILURE TO COMPLETE AND RETURN THIS AFFIDAVIT AS REQUIRED BY LAW. Faxed copies are not acceptable.

INSTRUCTIONS FOR COMPLETION OF THE AFFIDAVIT FORM

1. If you are a U.S. citizen (by either birth or naturalization) or a U.S. national, you must complete the Option 1 Affidavit.

2. If you are a legal permanent resident alien, or otherwise qualified alien, you must submit the Option 2 Affidavit. You must also submit documents that support your qualified alien status, such as a front and back copy of your Permanent Resident Alien Card (green card) or a copy of your IRS form I-94. The Board will review the completed form and may request additional information and status documentation as needed to comply with this law.

3. You must sign the affidavit in the presence of a notary public or other officer authorized by State law to notarize affidavits. The Board’s office is staffed with notaries who are available to provide notary service at no cost to applicants. Office hours are 7:30 a.m. to 4:00 p.m, Monday through Friday, excluding legal holidays. Proper ID is required to complete the notary. The Board will not accept an affidavit that has not been properly notarized.

HB 1804 Affidavit


 

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