Oklahoma Adopts New and Amended Cosmetology Rules

The Oklahoma State Board of Cosmetology and Barbering (OSBCB) adopted new and amended rules to the OSBCB Regulations and Statute Book effective September 11, 2020. ASCP, AHP, and ANP have summarized the rules for you below.

Definitions (175:1-1-2)

The new rules amended and added the following new definitions:

• Barbering: excludes makeup application
• Clean: the removal of surface and/or visible debris by using soap, detergent, or a chemical cleaner followed by a water rinse
• Contact time: the amount of contact time required for a disinfectant to be effective against pathogens—items or surfaces must be immersed or visibly wet for the full contact time to be effective
• Non-porous: a material that has no pores and does not allow liquids to be absorbed or passed through. Examples include glass, metal, and plastic
• Porous: a material that has small spaces or holes through which liquid or air can pass
• Disinfect: the process of making a non-porous item safe for use. This requires a chemical to kill bacteria, virus, or fungus, and adherence to the manufacturer’s label to follow proper concentration and contact time. UV light is not acceptable disinfection
• Sterilize: the eradication of all microbial life through the use of heat, pressure, steam, or chemical sterilant

Disqualifying criminal history and opportunity for initial determination (175:10-1-3)

This is a completely new section that follows 2019 legislation regarding criminal backgrounds and professions, which allows the Board to create a list of felony crimes that could disqualify a person from holding a license or certification under the Oklahoma Cosmetology and Barbering Act. The list may be modified as necessary to protect public health and safety.

A person who has been convicted of a crime on the list may request an initial determination to see if their criminal history may disqualify them from licensure or certification. The request must be in writing and include either a copy of their criminal history record or a statement describing each conviction, including the date of conviction, the court of jurisdiction, and the sentence imposed. Additional information can also be submitted, including the person’s current circumstances, the length of time since the completion of a sentence, probation, evidence of rehabilitation, and testimonials or personal references.

The Executive Director and Chair of the Board, in consultation with legal counsel, will evaluate the written request for consideration and make an initial determination based on the information provided. A notice will be issued within 60 days after the request was received, indicating whether the person is eligible for licensure or certification or if there is a disqualifying offense. The notice will outline the actions the person can take to remedy a temporary disqualification and the earliest date they may submit another request for consideration. If the person is not satisfied with the response, they may request that the matter be added to the agenda of the Board’s next meeting.

Application for initial and renewal of school license (175:10-3-1)

Schools must be inspected at least once annually to be eligible for renewal.

Student re-registration fee and transfer process (175:10-3-67)

A student who withdraws from one school and gives up any pending hours must notify the Board before registering at another school.

Cosmetology and barber establishment license application (175:10-5-1)

When an establishment’s location or name is changed, the owner must submit an establishment change of location or name affidavit. Previously there was no fee for this change; however, under the new rules, a $5 fee is required within 10 days of when an establishment changes location or name.

Adequate ventilation/chemical safety (175:10-7-3)

Chemicals must be moved and stored according to the manufacturer’s label in original containers. They must be stored in overhead or locked cabinets and out of reach from clients. Chemicals can only be mixed and applied to customers as specifically instructed on the manufacturer’s label and cannot be mixed with any other substance. They must be discarded according to the manufacturer’s label, as well as local, state, and federal rules.

Furnishings, windows, ceilings, walls, and floors (175:10-7-4)

Trash containers must have solid sides, and liners are encouraged. Containers must be emptied when full. There must be one covered trash container for:

• Every two chairs in a salon or barbershop
• Each service room
• Each nail station
• Between every two pedicure chairs
• Each restroom, dispense area, and any break room where food is prepared

Disinfecting agents and procedures for use in schools and related establishments (175:10-7-6)

Disinfectants must be mixed as directed on the label, and containers must be covered at all times. If a bottle is emptied, it must remain available until a new bottle can replace it. Dispose of disinfectant according to local, state, and federal requirements. If disinfectant is placed in spray bottles, tubs, or jars, these secondary containers must be labeled to indicate the chemical inside.

When disinfecting electrical items with plastic/metal guards, clipper blades, drill bits, and any metal or nonmetal removable parts, first remove all visible debris, then use an EPA-registered spray or wipe disinfectant and allow to air dry. Whatever you use to store your tools must also be disinfected. Shears and razors must follow the same process. All multi-use items must be stored in a clean, covered container marked “clean” or “disinfected.” The following are approved disinfectant options:

• EPA-registered bactericidal, virucidal, and fungicidal disinfectant for use in beauty salon, salon, barber, or spa settings—follow the label for proper dilution ratio and contact time
• EPA-registered sodium hypochlorite of 5.25% or higher (household/disinfecting bleach) with instructions for disinfection and diluted as instructed on the label with a five-minute contact time—bleach cannot be expired

Towels/linens (175:10-7-12)

Linens (towels, sheets, robes, etc.) cannot be reused and must be laundered after each client with hot water and detergent and dried until hot to the touch. There must be one vented, covered container for soiled linens in salons, barber shops, spas, nail salons, individual service rooms, and client changing areas.

Towel warmers must be disinfected daily with a wipe or spray. Establishments using steamed towels during services must meet the following requirements:

• Towels used in a warmer must be washed with detergent and bleach and dried using a hot dryer setting
• Employees must wash their hands or wear gloves when preparing towels for the warmer
• Towels must be prepared fresh daily; unused steamed towels must be removed and laundered at the end of the day
• Towel warmers must be left open overnight to allow the unit to dry completely

Manicuring station and equipment (175:10-7-14)

Metal drill bits may be soaked in acetone to remove nail product. Once removed from the acetone, they must be washed using a brush in a soap and water solution then rinsed prior to being immersed in disinfectant—bits must remain in the disinfectant for full contact time.

Disinfection precautions before and after each patron service (175:10-7-18)

Licensees must wash their hands with soap and water before each service and dry their hands with a disposable towel. Antibacterial soap is not recommended.

Product use, knowledge, and procedures (175:10-7-28)

Products used from multi-use containers, such as a tub or tube, must be removed so that remaining product is not contaminated. Products such as pomades, waxes, and gels must be removed with either a disposable single-use spatula or a disinfected multi-use spatula—fingers cannot be used to remove product. Powders and lotions can be dispensed from a shaker or pump.

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

Products and devices used to perform superficial exfoliation treatments on the stratum cornium must be used according to the manufacturer’s instructions and only for the purpose of improving the appearance of the skin. Skin removal techniques resulting in destroying living tissue beyond the stratum cornium layer of skin are prohibited.

Approved devices intended for cosmetic skin care purposes, beautifying, and improving the appearance of the skin include, but are not limited to:

• Galvanic current
• High frequency
• Mechanical brushes
• Vacuum spray devices
• Steamers
• Microcurrent devices
• Microdermabrasion devices
• Low-level radio frequency devices
• Light-emitting diode devices
• Metal extractor tool

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

Pedicure bowls must be cleaned and disinfected after every client by the following method:

1. Empty the pedicure bowl and remove all removable parts
2. Clean the bowl with soap/detergent and water
3. Rinse and immerse the bowl in an EPA-registered disinfectant for proper contact time
4. Scrub the tub with soap/detergent and rinse
5. Replace the cleaned and disinfected removable parts
6. Fill the tub and add an EPA-registered disinfectant (make sure to achieve proper concentration) and allow it to sit or run through the system for the suggested contact time
7. Drain the tub and dry it with a clean paper towel

Items that cannot be properly cleaned and disinfected are considered single-use and must be disposed of after one use. This includes nail files/emery boards that are not made entirely of metal or glass, pumice stones, buffing blocks, orangewood sticks, cotton, toe separators, and flip-flops. Implements to remove skin, such as credo blades, razors, cheese graters, and rasps, are prohibited.

Makeup/Eyelash Extensions (175:10-7-33)

When makeup displays are accessible to the public, disposable applicators must be readily available. Disposable applicators must be used when applying mascara. Liquid foundation must be dispensed with a pump or removed from the container without contaminating the lip of the bottle. Makeup in cake format should be scraped off onto a palette for application. Makeup pencils that do not require sharpening should not be used. Those that require sharpening must be sharpened prior to each client. Sharpeners must be cleaned and disinfected by immersion or spray after each use.

Eyelash extensions can only be performed by licensed cosmetologists or estheticians, who must wear a mask that covers the nose and mouth during the service. Tables/beds/chairs used during eyelash services must be covered by a clean sheet or linen, a non-porous plastic cover, and a disposable sheet with a disposable paper towel or hand towel placed under the client’s head. A forehead barrier for clients must be freshly laundered.

Lashes must be stored in a covered container. Once lashes are removed from their original container, they cannot be placed back in the original container and cannot be used on another client nor stored for later use on the same client. Cutting implements used to cut lashes must be disinfected and stored in a covered container. Glue stones, lash tiles, lash palettes, and like items used during service must be disinfected between clients. De-tacking tape used for taping back eyelid skin or lashes cannot be de-tacked on skin—de-tacking must be done on a clean towel. Nozzles or droppers used for rinsing or flushing the eye during services cannot come in direct contact with the eye or skin.

Waxing (175:10-7-34)

Wax pots must be covered and free from debris; if the wax becomes contaminated or has visible debris, the wax pot must be emptied and disinfected. Areas to be waxed must be cleaned with antiseptic wipes. Paraffin wax must be portioned out for each client in a bag or other container, or in a manner that prevents contamination. Roll-on wax is prohibited, as is double dipping and nasal waxing. Wax may be removed by one of the following methods:

1. A single-use spatula that is disposed of after a single dip into the wax pot
2. A disinfected plastic spatula—a new spatula must be used for each dip into the wax pot
3. Removing the remaining wax into a single-use, disposable cup when the entire wax pot is needed for entire service—only in this situation may the same applicator(s) be used for the entire service. The cup containing the remaining wax and applicator(s) must be disposed of immediately after use; the remaining wax cannot be put back into the pot