The Secretary, Delaware Health and Social Services (DHSS), adopts these Regulations pursuant to the authority vested by 16 Del.C. §122(3)(v). These Regulations establish sanitation requirements for the practice of cosmetology, barbering, aesthetics, electrology, and nail technology and in the operation of beauty salons, schools of cosmetology, schools of electrology, schools of nail technology and schools of barbering. These Regulations also provide for the investigation of complaints involving unsanitary or unsafe practices or conditions in such professions or facilities.
These Regulations shall be construed and applied to promote their underlying purpose of protecting the public health. They establish minimum Regulations for public health assurance in the practice of aesthetiology, cosmetology, barbering, electrology, and nail technology. Individuals, schools and businesses engaged in a profession licensed by the Board of Cosmetology and Barbering (Board) are encouraged to employ more stringent requirements.
1.3.1 Facilities that are lawfully in existence and operating at the time of adoption of these Regulations shall be permitted to have their use and maintenance continued if the use, maintenance or repair of the physical facility and structure is in accordance with the original design and no hazard to life or health is created by the existing facility.
1.3.2 New or remodeled facilities shall, before commencing work, submit an application and plans, as required, by and to the Department of Administrative Services, Division of Professional Regulation. All construction and renovation shall comply with any and all applicable local, state or federal laws and Regulations.
1.4.1 A licensee may seek a variance from these Regulations by making a request for a variance to DHSS. DHSS may grant a variance by modifying or waiving the requirements of these Regulations if in the opinion of DHSS a health hazard or nuisance will not result from the variance.
1.4.4 A variance, if granted, is rendered void upon occurrence of one or more of the following: the physical facility is demolished; a remodeling project in the facility includes area(s) addressed in the variance; or the license or certificate holder granted the variance ceases to operate the facility for a period exceeding thirty (30) consecutive days.
1.5 Severability. If any provision or application of any provision of these Regulations is held invalid, that invalidity shall not affect other provisions or applications, which can be given effect without the invalid provision.
“Apprentice” means any person who is engaged in the learning of any or all of the practices of cosmetology, barbering, nail technology or electrology from a practitioner licensed in the profession the apprentice is studying. The apprentice may perform or assist the licensed practitioner in any of the functions which the practitioner is licensed to perform.
“Aesthetician” means a person who practices the cleansing, stimulating, manipulating and beautifying of skin, with hands or mechanical or electrical apparatuses or appliances and gives treatments to keep skin healthy and attractive.
“Barber” means any person who, for a monetary consideration, shaves or trims beards, cuts or dresses hair, gives facial or scalp massages, treats beards or scalps with preparations made for this purpose, or dyes hair.
“Beauty Salon” means any place or part thereof wherein cosmetology, barbering, electrology or nail technology, or any of its practices, are practiced, whether such place is known or designated as a cosmetological establishment, beauty salon, barber shop, nail salon or electrology establishment, or where the person practicing cosmetology, barbering, nail technology or electrology therein holds oneself out as a cosmetician, cosmetologist, beauty culturist, barber, nail technician or electrologist, or by any other name or designation indicating that cosmetology or barbering is practiced therein.
“Contaminated Waste” means any liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; sharps and any wastes containing blood and other potentially infectious materials, as defined in the latest edition of the Code of Federal Regulations known as “Occupational Exposure to Bloodborne Pathogens.”
“Cosmetology” means any one and/or combination of practices generally and usually performed by and known as the occupation of beauty culturalist, cosmeticians, cosmetologists or hairdressers or any person holding him or herself out as practicing cosmetology in or upon a place or premises. Cosmetology shall include, but otherwise not be limited to, the following: embellishing, arranging, dressing, curling, waving, cleansing, beautifying, cutting, singeing, bleaching, coloring, or similar work upon the hair of any person by any means and with hands or mechanical or electrical apparatuses, devices or appliances or by use of cosmetic preparations, antiseptics, tonics, lotions, creams or otherwise, massaging, cleansing, stimulating, manipulating, exercising, beautifying or similar work, the scalp, face, neck, arms, hands, bust or upper part of the body, or manicuring, pedicuring or sculpting the nails of any person.
“Equipment” means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatuses and appurtenances used in connection with the operation of an establishment.
“Hot Water” means water which attains and maintains a temperature of at least 110°F.
“Instructor” means any person who is a cosmetologist, barber, electrologist, aesthetician or nail technician, who teaches cosmetology, barbering, electrology, aesthetics or nail technology in a duly registered school of cosmetology, barbering, electrology, aesthetics or nail technology.
“Invasive” means entry into the body either by incision or insertion of an instrument into or through the skin or mucosa, or by any other means intended to puncture, break or compromise the skin or mucosa.
“Mobile Unit” means any self-contained, self-supporting, enclosed mobile unit which is at least 24 feet in length which is licensed as a salon, has a servicing area that is licensed for the practice of certain licensed practices by the Board of Cosmetology and complies with these Regulations.
“Person” means an individual, any form of business or social organization or any other non-governmental legal entity including but not limited to a corporation, partnership, limited liability company, association, trust or unincorporated organization.
“Person in charge” means the individual present at the regulated facility that is responsible for the operation of the facility at the time of the inspection. For the purposes of disciplinary action the owner or licensee shall be liable.
“Sanitize/Sanitation Procedure” means a process, which has been approved by DHSS, of reducing the numbers of microorganisms on cleaned surfaces and equipment to a safe level as judged by public health Regulations.
“Servicing Area” means an operating base location to which a mobile unit returns regularly for cleaning of the vehicle, equipment and utensils, and solid wastes; refilling water tanks, replenishing supplies and utensils. Unless otherwise approved by the Board of Cosmetology the operator of the mobile unit shall have a written letter agreement with the license holder of the salon to use such premises as a servicing area. To function as an operating base for a mobile unit, the servicing area shall be a fixed location salon with a valid operating license issued by the Division of Professional Regulation.
“Single Use” means products or items that are intended for one-time, one-person use and are disposed of after use on a single client including, but not limited to, cups, gauze and sanitary coverings, razors, piercing needles, stencils, cotton swabs or balls, tissues or paper products, and paper or plastic protective gloves.
“School of Cosmetology”, “School of Electrology”, “School of Nail Technology”, “School of Barbering” shall mean any place or part thereof where cosmetology, barbering, electrology, nail technology or any of the practices are taught, whether such place or establishment is known or designated as a cosmetological establishment, barbering school, beauty culture school, school of electrology, or by any other name or designation, indicating that cosmetology, barbering, electrology or nail technology is taught therein to students.
“Universal Precautions” means a set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC) as “guidelines for prevention of transmission of human immunodeficiency virus and hepatitis B virus to health-care and public-safety workers” in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38, No. S-6, and as “recommendations for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures,” in MMWR, July 12, 1991, Vol. 40, No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV and other blood pathogens. Precautions include hand washing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.
The Secretary shall have right of entry, during the facility’s hours of operation and other reasonable times and in a reasonable manner without fee or hindrance, for the purpose of determining if the facility is in compliance with these Regulations. The facility shall allow for inspection and shall provide information and records needed to determine compliance with these Regulations, whether or not the evidence exists that the facility is in violation of these Regulations.
4.2 Equipment Construction and Design. All interior surfaces and fixtures of a licensed facility shall be designed so as to be easily maintained and kept clean. Procedure surfaces, including client chairs and benches, shall be easy to clean and sanitize.
4.4 Lighting. Artificial light sources shall be provided equivalent to at least 20 foot candles three (3) feet off the floor, except that 100 foot candles shall be provided at the level where cosmetology is being performed, and where equipment is assembled.
4.5 Ventilation. Every licensed facility shall be provided with adequate ventilation which draws air away from employees and patrons, and vents to the outside. A minimum of 50 cubic feet per minute (CFM) intermittent or 20 CFM continuous shall be provided to protect the health of employees and patrons. Ventilation units must be kept in proper working condition. The use of filtering devices which merely remove odors and not gases, mists, dust, etc., shall not constitute ventilation.
4.6 Laundry. Soiled reusable cloth items may be mechanically washed with detergent and then dried on premises provided that washers and dryers are installed per local codes and are not included in the area used by clients.
4.9 Hand Washing Sinks. A hand washing sink which is convenient and accessible to all work stations shall be provided and separate from the sink provided in the bathroom. This sink must be supplied with liquid soap, disposable paper towels and a covered waste receptacle and shall be used for no other purpose. One hand washing sink per 40 people is required. The number of people will be determined by the occupant load.
4.10.1 Each facility shall provide the number of toilets and hand washing sinks required by the applicable plumbing code. Rest rooms are required to be accessible during business hours and maintained in good working order, have adequate ventilation, and may not be used for storage of linen or beauty supplies.
4.10.2 Rest rooms shall be kept in a sanitary condition, maintained in a safe and orderly manner and be equipped with a liquid soap dispenser, disposable towels, toilet paper, and a covered waste receptacle.
4.11 Sewage. Sewage shall be disposed of through an approved public treatment sewage plant or private disposal system that is sized, constructed, maintained and operated according to the requirements of DNREC and DHSS.
4.12 Garbage and Refuse. A covered waste receptacle shall be provided at each workstation and be emptied daily. Exterior refuse containers shall be cleanable with a tight fitting lid and collected weekly, at a minimum.
4.14 Insect and Rodent Control. Facilities shall be designed so as to prevent the entry and occurrence of insects and rodents. Pest control measures shall be provided and, if a problem occurs, professional pest control services shall be provided.
4.15.1 Shall possess a self-contained, potable water supply. The portable water tanks shall be not less than 100 gallons and the holding tanks shall be of adequate capacity. In the event of depletion of potable water, operations shall cease until the supply is replenished.
5.1.2 An instrument that caused a skin abrasion or a cut to the skin shall be cleaned and disinfected immediately. If bleeding occurs, a tissue or cotton shall be used to collect the blood. Blood contaminated materials shall be disposed of immediately in a sealed, double-plastic bag.
5.1.6 All supplies or instruments which come in direct contact with a patron and cannot be disinfected (for example, cotton pads, emery boards used on the natural nail, and neck strips) must be disposed of in a covered waste receptacle immediately after their use.
5.1.11 Pressing combs shall be kept clean and free of carbon, and a hot soda solution or similar cleansing agent shall be used for this purpose. Between clients, pressing combs shall be scrubbed with a stiff brush, rinsed, disinfected, and dried.
5.1.12 Curling irons and hot combs shall be wiped free of grease or hair, with a clean cloth, after use on each client. They shall be cleaned per approved procedures and maintained clean and free from rust, grease, and dirt.
5.2 Additional Requirements for Cosmetologists. In addition to the sanitation requirements in Section 5.1 of these Regulations, licensed facilities that offer or provide services normally performed by a cosmetologist shall also comply with the following requirements:
5.2.6 Disinfectant solutions or 70 percent alcohol shall be kept on the cosmetology tray for contact disinfection of implements that may come into contact with blood. The disinfectant solution shall be changed every 1 to 2 hours, or immediately upon becoming cloudy or contaminated with blood.
5.2.7 Hair removal shall be performed by a licensed cosmetologist or licensed aesthetician only. Nail technicians are prohibited from performing any type of hair removal, including waxing, or tweezing.
5.3 Additional Requirements for Nail Technologists. In addition to the sanitation requirements in Section 5.1 of these Regulations licensed facilities offering services normally performed by a nail technologist shall comply with the following requirements:
5.3.2 Instruments used on an individual client shall be placed in a jar sanitizer containing cotton saturated with 70 percent alcohol or bleach during the manicure process so as to keep the instruments in a sanitary condition during the entire manicure procedure.
6.1 Only clean cloth towels or disposable paper towels shall be used on clients. A cloth towel that has been used on a client shall be immediately placed in a closed container for soiled linen. A disposable paper towel that has been used on a client shall be immediately discarded in a covered waste container.
6.2 The headrest of a facial chair and the footrest and manicure cushion shall be covered with a clean cloth towel or an unused disposable paper towel before the start of each facial, manicure or pedicure.
6.3 The use of neck dusters, powder puffs, sponges, styptic pencils, and lump alum or any other equipment or implement, which cannot be sanitized and disinfected, may not be used on more than one client.
6.5 A clean cloth towel, unused disposable paper towel or unused neck strip shall be placed around the neck of each client whose hair is about to be cut to prevent the hair cloth from touching the skin.
126.96.36.199.1 Commercially marketed EPA approved and registered disinfection agents sold for the purpose of disinfecting implements and tools used in the practice of beauty culture, provided that all manufacturer’s instructions are carefully followed; or
7.1.3 If instruments and equipment specified in Sections 7.1, 7.2, and 7.3 are sterilized in accordance with the requirements outlined in Section 7.0, the requirements of this Section will be deemed to have been met.
7.2.2 Using a commercially marketed EPA approved and registered disinfection agent(s) sold for the purpose of disinfecting implements and tools used in the practice of beauty culture, provided that all manufacturer’s instructions are carefully followed.
188.8.131.52 Placed in an ultrasonic unit that shall be operated in accordance with manufacturer’s instructions.
7.3.2 After cleaning, all non-single use, non-disposable instruments shall be packed individually, in peel packs, and subsequently sterilized in accordance with Section 7.0. Peel packs shall contain either a sterilized or internal temperature indicator. Peel packs must be dated with an expiration date not to exceed six months. Sterile equipment may not be used if the package has been breached or after the expiration date without first sterilizing and repackaging. All equipment shall remain in sterile packaging until just before use.
7.3.3 All cleaned, non-disposable instruments shall be sterilized in a U.S Food and Drug Administration (“FDA”) approved steam autoclave or dry heat sterilizer. The sterilizer shall be used, cleaned and maintained according to the manufacturer's instruction. A copy of the manufacturer’s recommended procedures for the operation of the sterilization unit must be available for inspection. Sterilizers shall be located away from workstations or areas frequented by the public. If a licensed facility uses all single use, disposable instrument and products, and utilizes sterile supplies, an autoclave shall not be required.
7.3.4 Each licensed facility shall demonstrate that the sterilizer used is capable of attaining sterilization by monthly spore destruction tests. These tests shall be verified through an independent laboratory. Test records shall be retained for a period of three years and made available upon request of the Board or DHSS.
7.4.1 Each workstation of a licensed facility shall have at least one wet sanitizer of sufficient size to hold all equipment and instruments as required, and one closed drawer or cabinet for containing an active fumigant or electrical sanitizer for each workstation.
7.5.3 Lotions, oils, and any other type of liquid shall be poured into a disinfected container or disinfected hand. Any excess remaining after application shall be discarded immediately and not returned to the original container or applied to another client.
7.5.4 Creams and other semisolid substances shall be removed from their containers with a sterile spatula or similar utensil. The spatula or similar utensil may not be permitted to come into contact with the skin of a client.
7.5.5 All liquids, creams, and other cosmetic preparations shall be kept in clean, closed and distinctly labeled containers. Poisonous substances shall be in additionally marked containers. Powders may be kept in clean shakers.
8.2 Health. No licensee shall knowingly permit a person afflicted with an infection or parasitic infestation capable of being transmitted to a client to serve clients, or instruct or train in the licensed facility.
9.1 No licensee shall knowingly require or permit an employee, apprentice or student to work upon a person believed to have an infection or parasitic infestation capable of being transmitted to the employee, apprentice or student unless the client can produce a physician’s certification that the client does not have an infectious, contagious or communicable disease.
9.3 No person may perform any act which affects the structure or function of living tissue of the face or body. Any such act shall be considered an invasive procedure. Invasive procedures include, but are not limited to, the following:
9.5 Only commercially available products for the removal of facial skin for the purpose of beautification may be used. Mixing or combining skin removal products is prohibited, except as it is required by manufacturer’s instructions.
10.1 No licensed facility shall have on the premises cosmetic products containing hazardous substances, which have been banned by federal, state or local law for use in cosmetic products.
11.1 The certificate holder of any beauty salon, barbershop, nail salon, electrology establishment, school of cosmetology, school of barbering, school of electrology or school of nail technology shall be responsible for maintaining the Standards for Public Health Assurances established by these Regulations.
11.3 DHSS shall investigate all complaints for violations of these Regulations as herein regulated and shall refer any failure to comply with these Regulations to the Board for disciplinary sanctions as allowed by law.
11.4 When a licensee is not in compliance with the provisions of these Regulations, the Department shall refer the matter to the Board for enforcement action. However, in the event a licensee poses an immediate risk to the public health, the Secretary, in accordance with 16 Del.C. §122(1), may take immediate action.