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Department of Health and Social Services
Division of Public Health
Statutory Authority: 16 Delaware Code, Section 122(3)v (16 Del.C. §122(3)v)
16 DE Admin. Code 4453
 
FINAL
 
ORDER
 
4453 Cosmetology and Barbering
 
NATURE OF THE PROCEEDINGS
 
Delaware Health and Social Services (“DHSS”) initiated proceedings to adopt the State of Delaware Regulations Governing Cosmetology and Barbering. The DHSS proceedings to adopt regulations were initiated pursuant to 29 Delaware Code Chapter 101 and authority as prescribed by 16 Delaware Code, §§122(3)v.
On August 1, 2011 (Volume 15, Issue 2), DHSS published in the Delaware Register of Regulations its notice of proposed regulations, pursuant to 29 Delaware Code Section 10115. It requested that written materials and suggestions from the public concerning the proposed regulations be delivered to DHSS by August 31, 2011, after which time the DHSS would review information, factual evidence and public comment to the said proposed regulations.
No written comments were received during the public comment period. Therefore, no evaluation or summarization of comments is presented in the accompanying “Summary of Evidence.”
 
SUMMARY OF EVIDENCE
 
In accordance with Delaware Law, public notices regarding proposed Department of Health and Social Services (DHSS) Regulations Governing Cosmetology and Barbering were published in the Delaware State News, the News Journal and the Delaware Register of Regulations.
The public comment period was open from August 1, 2011 through August 31, 2011. No comments were received on the proposed regulations during the public comment period and no changes have been made to the proposed regulations.
The regulation has been approved by the Delaware Attorney General’s office and the Cabinet Secretary of DHSS.
 
FINDINGS OF FACT
 
There were no public comments received. The Department finds that the proposed regulations, as set forth in the attached copy should be adopted in the best interest of the general public of the State of Delaware.
THEREFORE, IT IS ORDERED, that the proposed State of Delaware Regulations Governing Cosmetology and Barbering are adopted and shall become effective October 11, 2011, after publication of the final regulation in the Delaware Register of Regulations.
 
Rita M. Landgraf, Secretary
 
4453 Cosmetology and Barbering
 
1.0 Preamble
The Secretary, Delaware Health and Social Services (DHSS), adopts these standards pursuant to the authority vested by 16 Del.C. §122(3)(v). These standards 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, and for the investigation of complaints involving unsanitary or unsafe practices or conditions in such professions or facilities.
 
2.0 Purpose
These standards shall be construed and applied to promote their underlying purpose of protecting the public health. They establish minimum standards 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.
 
3.0 Severability
If any provision or application of any provision of these standards is held invalid, that invalidity shall not affect other provisions or applications, which can be given effect without the invalid provision.
 
4.0 Date of Effect
These standards shall become effective January 2, 2002.
 
5.0 Inspections
The Secretary, DHSS, or authorized designee shall have right of entry, during the facility’s hours of operations 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 standards. The facility shall allow for inspection and shall provide information and records needed to determine compliance with these standards, whether or not the evidence exists that the facility is in violation of these standards.
 
6.0 Variance
6.1 DHSS may grant a variance by modifying or waiving the requirements of these standards if in the opinion of DHSS a health hazard or nuisance will not result from the variance. A variance, if granted, is rendered void upon the following: when the physical facility is demolished, or when a remodeling project in the facility includes area(s) addressed in the variance, or when the license or certificate holder granted the variance ceases to operate the facility for a period exceeding thirty (30) consecutive days. A variance shall not be transferable from person to person, nor from location to location. If a variance is granted, DHSS shall retain the information specified below in its records for the facility.
6.2 Statement of the proposed variance of the requirements of these Standards, citing the relevant section of these Standards;
6.3 An analysis of the rationale for how the potential public health hazards or nuisances will be alternatively addressed by the proposal; and
6.4 Any other information requested by DHSS that may be deemed necessary to render judgement.
 
7.0 Facilities – Existing and New
7.1 Facilities that are lawfully in existence and operating at the time of adoption of these standards 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.
7.2 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 (DPR). All construction and renovation shall comply with any and all applicable local, state or federal laws and regulations.
 
8.0 Failure to Comply
When a facility or 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 facility or licensee poses an immediate risk to the public health, the Secretary, in accordance with 16 Del.C. §122(1), may take immediate action.
 
9.0 Definitions
“Apprentice” means any person who is engaged in the learning of any or all 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 apparatus or appliances and to give 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 massaging, 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 or 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 Federal CFR 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 whatever place or premises. Cosmetology shall include, but otherwise not be limited to, the following or any combination of the following practices: 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 apparatus, 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” means the Delaware Health and Social Services (DHSS) as defined in 29 Del.C. §7901.
“Disinfection” means the destruction of pathogenic microorganisms by chemical or physical means directly applied.
“Equipment” means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatus 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 or nail technician, who teaches cosmetology, barbering, electrology or nail technology in a duly registered school of cosmetology, barbering, electrology 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 Environmental Protection Agency or an approximate 1:10 dilution of household chlorine bleach made fresh daily and dispensed from a spray bottle.
“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 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 of reducing the numbers of microorganisms on cleaned surfaces and equipment to a safe level as judged by public health standards and which has been approved by DHSS.
“Secretary” means the administrator of DHSS or his or her designee.
“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 Use” means products or items that are intended for one-time, one-person use and are disposed of after use on each client including, but not limited to, cups, gauze and sanitary coverings, razors, piercing needles, stencils, and cotton swabs or balls, tissues or paper products, 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 Center for Disease Control (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.
 
10.0 Water Supply
10.1 Water shall be obtained from an approved source that is constructed, maintained and operated according to the requirements of the Department of Natural Resources and Environmental Control (DNREC) and DHSS.
10.2 The water source and system shall be of sufficient capacity and pressure to meet the demands of the facility. Hot and cold water shall be provided at all sinks.
10.3 The water source shall conform to the State of Delaware Drinking Water Standards and shall be analyzed annually if a private supply.
 
11.0 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.
 
12.0 Plumbing
12.1 Plumbing shall be sized, constructed, installed, maintained and operated according to the requirements of the applicable plumbing code.
12.2 One service sink shall be provided in all regulated facilities.
12.3 Sanitary drinking fountains or bottled water with single use disposable cups must be provided.
 
13.0 Toilet Facilities
13.1 Each regulated facility shall provide the number of toilets and hand washing sinks required by the applicable plumbing code. They 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.
13.2 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.
 
14.0 Hand Washing Facilities
A hand washing sink which is convenient and accessible to all work stations shall be provided. This sink must be supplied with liquid soap, disposable paper towels and a covered waste receptacle and shall be used for no other purpose.
 
15.0 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.
 
16.0 Animals
No animals shall be allowed in any salon, establishment or school except for those that assist persons with disabilities. Fish aquariums are allowed in the waiting area.
 
17.0 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 minimum.
 
18.0 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.
 
19.0 Floors, Walls, and Ceilings
All floors, walls, and ceilings shall be smooth, free of open holes or cracks, washable and maintained in a clean condition and in good repair.
 
20.0 Equipment Construction and Design
All interior surfaces of the facility and fixtures shall be designed so as to be easily maintained and kept clean. Procedure surfaces, including client chairs/benches shall be easy to clean and sanitize.
 
21.0 Lighting
Artificial light sources shall be provided equivalent to at least twenty (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.
 
22.0 Ventilation
Every beauty salon, establishment and school shall have a system of adequate ventilation in accordance with the provisions of local building codes.
 
23.0 General
23.1 All areas shall be maintained in a safe, orderly and sanitary condition.
23.2 Residential beauty salons, establishments and schools shall be separate from living quarters and have their own entrance.
23.3 Except where allowed by State or Local law, smoking is prohibited.
 
24.0 General Safety and Sanitation Requirements
24.1 Instruments shall be disinfected or sterilized in accordance with Section 31.0 of these standards.
24.2 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.
24.3 Hair, cotton, or other waste material shall be removed from the floor without delay and deposited in a lidded, closed waste container.
24.4 Objects dropped on the floor may not be used until they are cleansed and disinfected.
24.5 Soiled combs, brushes, towels, or other used material shall be removed from the tops of workstations immediately after use.
24.6 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.
24.7 All instruments that have been used on a patron or soiled in any manner shall be placed in a properly labeled receptacle while awaiting cleaning and sanitizing.
24.8 Neck dusters and all other brushes used on a patron shall be maintained in a clean and sanitary condition.
24.9 Permanent waving retention rods shall be cleansed and sanitized after each use. End papers must be discarded immediately after use.
24.10 Shampoo trays and bowls must be cleansed with soap and water or other detergent after each shampoo, kept in good repair and in a sanitary condition at all times.
24.11 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.
24.12 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.
24.13 Foot-baths shall be cleaned and sanitized after each customer use in accordance with Section 31.0 of these standards.
 
25.0 Employee
25.1 Disposable medical gloves shall be worn if the employee has a cut or open wound.
25.2 A person whose hands come in contact with blood shall wash and disinfect them immediately.
25.3 Hair clips, hairpins, bobby pins, or similar implements may not be placed in the mouth.
25.4 Hot combs and curling irons shall be used in a well-ventilated area.
25.5 A person who uses a dye, tint or other chemical shall follow the directions, regulations or instructions as they appear on the container or package.
 
26.0 Single Service
26.1 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.
26.2 The headrest of a facial chair and 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.
26.3 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.
26.4 Treatment tables must be covered with a clean sheet of examination paper for each patron.
26.5 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.
 
27.0 Equipment Storage
27.1 Each regulated 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.
27.2 Cleaned and disinfected implements and equipment shall be stored in a clean and dry cabinet or drawer.
27.3 Unused clean cloth towels and disposable towels shall be stored in a closed, clean cabinet or towel dispenser.
27.4 A closed cabinet or separate bin or hamper for the disposal of soiled towels is required as appropriate.
 
28.0 Supplies
28.1 A minimum of eight combs and four brushes shall be available for each cosmetologist or barber.
28.2 Only powdered or liquid astringents, applied with a clean cloth towel or clean piece of cotton, may be used to check bleeding. The use of powder puffs or styptic pencils is prohibited.
28.3 Lotions, oils, and any other type 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.
28.4 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.
28.5 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.
28.6 When only a portion of a cosmetic preparation is to be used on a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.
 
29.0 Cosmetologist Requirements
29.1 In addition to the sanitation requirements in 23.0, all beauty salons, establishments or schools that offer or provide services normally performed by a cosmetologist shall also comply with the requirements of this section:
29.1.1 Creams, lotions, powders and other cosmetics shall be removed from the client by means of disposable absorbent cotton, cleansing tissue, cotton swab, pleget, or other similar material.
29.1.2 Lip color, eye color, shadows, or other cosmetics shall be applied to the client with a disposable or cleansed and sanitized applicator.
29.1.3 Disposable lip, makeup, eyelash, or other cosmetic applicator shall be discarded immediately after use.
29.1.4 Hair removal waxes may not be used for more than one client. Any excess wax left after client service shall be discarded immediately.
29.1.5 Blood lancets shall be wrapped and discarded immediately after each use.
29.1.6 Disinfected 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.
29.1.7 The use of laser technology for hair removal is not work generally or usually performed by cosmetologists and is prohibited.
 
30.0 Nail Technologists
30.1 In addition to the sanitation requirements in 23.0, all beauty salons, establishments or schools offering services normally performed by a nail technologist shall comply with the requirements of this section:
30.1.1 The manicure tabletop shall be maintained in a sanitary condition at all times.
30.1.2 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.
30.1.3 The following procedures shall be followed when paraffin wax is used:
30.1.3.1 A paraffin wax treatment shall be provided before, and not after, a manicure or pedicure.
30.1.3.2 The client shall be free of broken skin or any skin disorder.
30.1.3.3 The hands or feet of the client shall be disinfected before being dipped into paraffin wax.
30.1.3.4 The paraffin wax shall be kept free of any debris and in a sanitary manner.
30.2 The use of methyl methacrylate (MMA) is prohibited.
30.3 Electric nail files and electric drills shall not be used on natural nails.
 
31.0 Non-Electrical Instruments and Equipment
31.1 Before use upon a client, all non-electrical instruments with or without a sharp point or edge shall be disinfected in the following manner:
31.1.1 Cleaned with soap or detergent and water.
31.1.2 Then totally immersed in:
31.1.2.1 Commercially marketed U.S. Environmental Protection Agency (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,
31.1.2.2 A solution of one part household bleach to ten parts water for 10 minutes or,
31.1.2.3 70 percent alcohol for 20 to 30 minutes.
31.2 The disinfectant solutions required in section 31.1 shall:
31.2.1 Remain covered at all times.
31.2.2 Be changed per the manufacturer instructions but at least once per week or whenever visibly cloudy or dirty.
31.2.3 Bleach based disinfectant solutions shall be changed daily.
31.3 If instruments and equipment specified in Sections 29.0, 30.0 and 31.0 are sterilized in accordance with the requirements outlined in section 24.0, the requirements of this section will be deemed to have been met.
 
32.0 Electrical Instruments and Equipment
32.1 Clippers, vibrators, and other electrical instruments shall be disinfected prior to each use by:
32.1.1 First removing all foreign matter and,
32.1.2 Use of 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.
 
33.0 Electrolysis Instruments and Equipment
33.1 All non-single use, non-disposable instruments such as, but not limited to electrolysis needles or tweezers shall be:
33.1.1 cleaned thoroughly by scrubbing with soap, detergent and hot water and,
33.1.2 placed in an ultrasonic unit that shall be operated in accordance with manufacturer’s instructions.
33.2 After cleaning, all non-single use, non-disposable instruments shall be packed individually, in peel packs, and subsequently sterilized in accordance with 33.3. 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.
33.3 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 their sterilization unit must be available for inspection. Sterilizers shall be located away from workstations or areas frequented by the public. If a beauty salon, establishment or school uses all single use, disposable instrument and products, and utilizes sterile supplies, an autoclave shall not be required.
33.4 Each beauty salon, establishment or school 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. These test records shall be retained for a period of three years and made available upon request of the Board or DHSS.
33.5 When assembling instruments, the operator shall wear disposable medical gloves and use medically recognized techniques to ensure that the instruments and gloves are not contaminated.
 
34.0 Employee Health
No beauty salon, establishment or school 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 beauty salon, establishment or school.
 
35.0 Hygienic Practices
Every person performing services shall thoroughly wash his or her hands with soap and water or any equally effective cleansing agent immediately before serving each client.
 
36.0 Clothing
The person and the uniform or attire shall be clean at all times.
 
37.0 Infectious, Contagious or Communicable Diseases
37.1 No beauty salon, establishment or school 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.
37.2 Employees, apprentices and students shall wear gloves when required to serve a person with skin that is inflamed, broken, abraded, cut or where a skin infection or eruption is present.
37.3 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:
37.3.1 Application of electricity which contracts the muscle.
37.3.2 Application of topical lotions, creams, or other substances which affect living tissue.
37.3.3 Penetration of the skin by metal needles, except electrolysis needles.
37.3.4 Abrasion of the skin below the non-living, epidermal layers.
37.4 Only the non-living, uppermost layers of facial skin, known as the epidermis, may, by any method or means, be removed, and then only for the purpose of beautification.
37.5 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 instructions.
37.6 Universal precautions shall be used when handling human blood or body fluids.
 
38.0 Prohibited Hazardous Substances/Use of Products
38.1 No beauty salon, establishment or school shall have on the premises cosmetic products containing hazardous substances, which have been banned by the Delaware Code, the Board, DHSS, or the FDA for use in cosmetic products.
38.2 No product shall be used in a manner that is disapproved by the Division, DHSS, or the FDA, or is in violation of any applicable Federal or State statute or regulation.
 
39.0 Compliance and Enforcement
39.1 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.
39.2 Refusal to permit, or interference with, an inspection by the DHSS or the Board, constitutes violation of these standards.
39.3 DHSS shall investigate all complaints for violations of these Standards as herein regulated and shall refer any failure to comply with these Standards to the Division for disciplinary sanctions as allowed by law.
39.4 Penalty
39.4.1 Any person violating any of the requirements established by these Standards is subject to be referred to the Division for disciplinary sanctions pursuant to 24 Del.C. Ch. 51.
5 DE Reg. 1291 (12/1/01)
 
1.0 General Provisions
1.1 Preamble
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.
1.2 Purpose
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 Facilities – Existing and New
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 Variance
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.
1.4.2 A variance shall not be transferable from person to person, nor from location to location.
1.4.3 If a variance is granted, DHSS shall retain the information specified below in its records for the facility:
1.4.3.1 Statement of the proposed variance of the requirements of these Regulations, citing the relevant Section of these Regulations;
1.4.3.2 An analysis of the rationale for how the potential public health hazards or nuisances will be alternatively addressed by the proposal; and
1.4.3.3 Any other information requested by DHSS that may be deemed necessary to render judgment.
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.
1.6 Effective Date. These Regulations shall become effective October 11, 2011.
 
2.0 Definitions
For purposes of these Regulations the following definitions shall apply:
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 or nail technician, who teaches cosmetology, barbering, electrology or nail technology in a duly registered school of cosmetology, barbering, electrology 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.
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.
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.
 
3.0 Inspections
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.
 
4.0 Operational Requirements
4.1 General Requirements
4.1.1 All areas shall be maintained in a safe, orderly and sanitary condition.
4.1.2 Residential licensed facilities shall be separate from living quarters and have their own entrance.
4.1.3 Smoking is prohibited.
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.
4.3 Floors, Walls and Ceilings. All floors, walls, and ceilings shall be smooth, free of open holes or cracks, washable, maintained in a clean condition, and in good repair.
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. Each licensed facility shall have a system of adequate ventilation in accordance with the provisions of local building codes.
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.
4.7 Water Supply
4.7.1 Water shall be obtained from an approved source that is constructed, maintained and operated according to the requirements of DNREC and DHSS.
4.7.2 The water source and system shall be of sufficient capacity and pressure to meet the demands of the facility. Hot and cold water shall be provided at all sinks.
4.7.3 The water source shall conform to the State of Delaware Drinking Water Regulations and shall be analyzed annually if a private supply.
4.8 Plumbing. All plumbing systems shall be designed, constructed and installed according to law.
4.9 Hand Washing Sinks. A hand washing sink which is convenient and accessible to all work stations shall be provided. This sink must be supplied with liquid soap, disposable paper towels and a covered waste receptacle and shall be used for no other purpose.
4.10 Rest Rooms
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.
4.13 Animals. No animals shall be allowed in any licensed facility except for those that assist persons with disabilities. Fish aquariums, however, are allowed in the waiting area.
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.
 
5.0 Safety and Sanitation Requirements
5.1 General Requirements
5.1.1 Instruments shall be disinfected or sterilized in accordance with Section 7.0 of these Regulations.
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.
5.1.3 Hair, cotton, or other waste material shall be removed from the floor without delay and deposited in a lidded, closed waste container.
5.1.4 Objects dropped on the floor may not be used until they are cleansed and disinfected.
5.1.5 Soiled combs, brushes, towels, or other used material shall be removed from the tops of workstations immediately after use.
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.
5.1.7 All instruments that have been used on a patron or soiled in any manner shall be placed in a properly labeled receptacle while awaiting cleaning and sanitizing.
5.1.8 Neck dusters and all other brushes used on a patron shall be maintained in a clean and sanitary condition.
5.1.9 Permanent waving retention rods shall be cleansed and sanitized after each use. End papers must be discarded immediately after use.
5.1.10 Shampoo trays and bowls must be cleansed with soap and water or other detergent after each shampoo, kept in good repair and in a sanitary condition at all times.
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.
5.1.13 Curling irons and hot combs shall be used in a well-ventilated area.
5.1.13 Foot-baths shall be cleaned and sanitized after each customer use in accordance with Section 7.0 of these Regulations.
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:
5.2.1 Creams, lotions, powders and other cosmetics shall be removed from the client by means of disposable absorbent cotton, cleansing tissue, cotton swab, pleget, or other similar material.
5.2.2 Lip color, eye color, shadows, or other cosmetics shall be applied to the client with a disposable or cleansed and sanitized applicator.
5.2.3 Disposable lip, makeup, eyelash, or other cosmetic applicator shall be discarded immediately after use.
5.2.4 Hair removal waxes may not be used for more than one client. Any excess wax left after client service shall be discarded immediately.
5.2.5 Blood lancets shall be wrapped and discarded immediately after each use.
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 The use of laser technology for hair removal is prohibited.
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:
5.3.1 The manicure tabletop shall be maintained in a sanitary condition at all times.
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.
5.3.3 Electric nail files and electric drills shall not be used on natural nails.
5.3.4 The following procedures shall be followed when paraffin wax is used:
5.3.4.1 A paraffin wax treatment shall be provided before, and not after, a manicure or pedicure.
5.3.4.2 The client shall be free of broken skin or any skin disorder.
5.3.4.3 The hands or feet of the client shall be disinfected before being dipped into paraffin wax.
5.3.4.4 The paraffin wax shall be kept free of any debris and in a sanitary manner.
5.3.5 The use of methyl methacrylate (MMA) is prohibited.
 
6.0 Single Service
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.
6.4 Treatment tables must be covered with a clean sheet of examination paper for each patron.
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.
 
7.0 Instruments, Equipment and Supplies
7.1 Non-Electrical Instruments and Equipment
7.1.1 Before use upon a client, all non-electrical instruments with or without a sharp point or edge shall be disinfected in the following manner:
7.1.1.1 Cleaned with soap or detergent and water.
7.1.1.2 Then totally immersed in one of the following:
7.1.1.2.1 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
7.1.1.2.2 A solution of one part household bleach to ten parts water for 10 minutes; or
7.1.1.2.3 70 percent alcohol for 20 to 30 minutes.
7.1.2 The disinfectant solutions required in Section 7.1.1 shall:
7.1.2.1 Remain covered at all times.
7.1.2.2 Be changed per the manufacturer’s instructions but at least once per week or whenever visibly cloudy or dirty.
7.1.2.3 Be changed daily if bleach based.
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 Electrical Instruments and Equipment. Clippers, vibrators, and other electrical instruments shall be disinfected prior to each use by:
7.2.1 Removing all foreign matter; and
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.
7.3 Electrolysis Instruments and Equipment
7.3.1 All non-single use, non-disposable instruments such as, but not limited to, electrolysis needles or tweezers shall be:
7.3.1.1 Cleaned thoroughly by scrubbing with soap, detergent and hot water; and
7.3.1.2 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.
7.3.5 When assembling instruments, the operator shall wear disposable medical gloves and use medically recognized techniques to ensure that the instruments and gloves are not contaminated.
7.4 Equipment Storage
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.
7.4.2 Cleaned and disinfected implements and equipment shall be stored in a clean and dry cabinet or drawer.
7.4.3 Unused clean cloth towels and disposable towels shall be stored in a closed, clean cabinet or towel dispenser.
7.4.4 A closed cabinet or separate bin or hamper for the disposal of soiled towels is required as appropriate.
7.5 Supplies
7.5.1 A minimum of eight combs and four brushes shall be available for each cosmetologist or barber.
7.5.2 Only powdered or liquid astringents, applied with a clean cloth towel or clean piece of cotton, may be used to check bleeding. The use of powder puffs or styptic pencils is prohibited.
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.
7.5.6 When only a portion of a cosmetic preparation is to be used on a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.
 
8.0 Employees, Apprentices and Students
8.1 Sanitary and Hygienic Practices
8.1.1 Every person performing services shall thoroughly wash his or her hands with soap and water or any equally effective cleansing agent immediately before serving each client.
8.1.2 Disposable medical gloves shall be worn if the employee has a cut or open wound.
8.1.3 A person whose hands come in contact with blood shall wash and disinfect them immediately.
8.1.4 Hair clips, hairpins, bobby pins, or similar implements may not be placed in the mouth.
8.1.5 A person who uses a dye, tint or other chemical shall follow the directions, regulations or instructions as they appear on the container or package.
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.
8.3 Clothing. The employee and the employee’s uniform or attire shall be clean at all times.
 
9.0 Infectious, Contagious or Communicable Diseases
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.
9.2 Employees, apprentices and students shall wear gloves when required to serve a person with skin that is inflamed, broken, abraded, cut or where a skin infection or eruption is present.
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:
9.3.1 Application of electricity which contracts the muscle.
9.3.2 Application of topical lotions, creams, or other substances which affect living tissue.
9.3.3 Penetration of the skin by metal needles, except electrolysis needles.
9.3.4 Abrasion of the skin below the non-living, epidermal layers.
9.4 Only the non-living, uppermost layers of facial skin, known as the epidermis, may, by any method or means, be removed, and then only for the purpose of beautification.
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.
9.6 Universal precautions shall be used when handling human blood or body fluids.
 
10.0 Prohibited Hazardous Substances/Use of Products
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.
10.2 No product shall be used in a manner that is disapproved by the Board, DHSS, or the FDA, or is in violation of any applicable Federal or State statute or Regulation.
 
11.0 Compliance and Enforcement
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.
11.2 Refusal to permit, or interference with, an inspection by DHSS or the Board, constitutes violation of 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.
11.5 Penalties. Any person violating any of the requirements established by these Regulations is subject to be referred to the Board for disciplinary sanctions pursuant to 24 Del.C. Ch. 51.
15 DE Reg. 526 (10/01/11) (Final)