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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2015

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16 DE Admin. Code 4453
Copies of the proposed regulations are available for review in the January 1, 2015 edition of the Delaware Register of Regulations, accessible online at: or by calling the Office of Health Systems Protection at (302) 744-4705
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.
1.6 Effective Date. These Regulations shall become are adopted on (date) and have an effective date of October 11, 2011 April 11, 2015.
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.
Antiseptic means an agent that destroys disease-causing microorganisms on human skin or mucosa.
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.
Board means and refers to the Delaware Board of Cosmetology and Barbering.
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.”
Cosmetologist means any person, including students and apprentices, who engages in the practice of cosmetology.
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.
Department or “DHSS” means the Delaware Department of Health and Social Services.
Disinfection means the destruction of pathogenic microorganisms by chemical or physical means directly applied.
DNRECmeans the Delaware Department of Natural Resources and Environmental Control.
EPA means the United States Environmental Protection Agency.
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.
Electrologist means any person who, for a monetary consideration, engages in the removal of superfluous hair by use of specially designed electric needles.
Handsink means a lavatory equipped with hot and cold running water, under pressure and used solely for washing hands, arms or other portions of the body.
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.
Licensee means any person, beauty salon, barbershop, nail salon, electrology establishment, school, or other facility licensed by or holding a certificate of registration with the Board.
Liquid Chemical Germicide means a disinfectant or sanitizer registered with the EPA or an approximate 1:10 dilution of household chlorine bleach made fresh daily and dispensed from a spray bottle.
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.
Nail technician means any person who engages only in the practice of manicuring, pedicuring or sculpting nails, including acrylic nails, of any person.
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.
Secretarymeans the administrator of DHSS or his or her designee.
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.
Sharps means any object that may purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to, pre-sterilized, single use needles, and razor blades.
Sharps Container means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation and disposal and is labeled with the international “biohazard” symbol.
Single Usemeans 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.
Sterilization means a powerful process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores.
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.
4.5 Ventilation. Each licensed facility shall have a system of adequate ventilation in accordance with the provisions of local building codes. 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.
4.9 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.
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:
5.2.7 The use of laser technology for hair removal is prohibited. 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. 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.
7.3.4 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.
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.
Last Updated: December 31 1969 19:00:00.
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