RULE IMPACT STATEMENT
PERMANENT RULES
(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
(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
(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
Date Prepared:
PUBLIC COMMENT HEARING AND
BOARD MEETING
Testing Center
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
Proposed amended
rule:
175:
Proposed new rule:
175:
175:
1.
Call To
Order
2.
Roll
Call
3.
4.
Consideration/Review
of Public Comments Regarding Rules
5.
Discussion
and Action on Adoption of Amended Rule 175:
6.
Discussion
and Action on Adoption of New Rule 175:
7.
Discussion
and Action on Adoption of New Rule 175:
8. Meeting Adjourned
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
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.
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.
