Section .0400 - Infection Control Procedures and Practices

21 NCAC 14H .0401         Licensees and Students

(a)  For purposes of this Section, sanitation, as described in G.S. 88B, is defined as "infection control."

(b)  Notwithstanding Rule .0201 in this Subchapter, this Rule applies to licensees and students in practice in cosmetic art schools and shops.

(c)  Each licensee and student shall wash his or her hands with soap and water immediately after using the restroom. Each licensee and student shall wash his or her hands with soap and water or use of a 62 percent to 70 percent alcohol-based hand sanitizer immediately before and after serving each client and at any point that the student or licensees hands become contaminated.

(d)  Each licensee and student shall wear clean garments and shoes while serving patrons.

(e)  Licensees or students shall not use or possess in a cosmetic art school or shop any of the following:

(1)           Methyl Methacrylate Liquid Monomer, a.k.a. MMA;

(2)           razor-type callus shavers, hollow needles, or blades;

(3)           carbolic acid (phenol) over two percent strength;

(4)           animals including insects, fish, amphibians, reptiles, birds, or non-human mammals to perform any service; or

(5)           a variable speed electrical nail file unless it has been designed for use on a natural nail.

(f)  A licensee or student shall not:

(1)           use any product, implement, or piece of equipment in any manner other than the product's, implement's, or equipment's intended use as described or detailed by the manufacturer;

(2)           treat any medical condition unless referred by a physician;

(3)           provide any service unless it falls within the license definition listed in G.S. 88B-2 and unless trained prior to performing the service;

(4)           perform services on a client if the licensee has reason to believe the client has any of the following:

(A)          fungus, lice, or nits;

(B)          an inflamed, infected, broken, raised, or swollen skin or nail tissue in the area to be worked on; or

(C)          an open wound or sore in the area to be worked on;

(5)           alter or duplicate a license issued by the Board;

(6)           advertise or solicit clients in any form of communication in a manner that is false or misleading. A violation of this prohibition is considered practicing or attempting to practice by fraudulent misrepresentation is set forth in 21 NCAC 14P .0108;

(7)           cut or remove growths of skin including freckles, moles, warts, skin tags, corns, and calluses;

(8)           use any product or device that will penetrate the dermis;

(9)           make any statement to a member of the public, either verbally or in writing, stating or implying any action is required or forbidden by Board rules when such action is not required or forbidden by Board rules. A violation of this prohibition is considered practicing or attempting to practice by fraudulent misrepresentation is set forth in 21 NCAC 14P .0108;

(10)         Make any statement to a member of the public either verbally or in writing, stating or implying the licensee or student has completed training, licensure, or certification that the licensee/student does not hold or has not completed or not recognized by the Board or NC General Statutes. A violation of this prohibition is considered practicing or attempting to practice by fraudulent misrepresentation as set forth in 21 NCAC 14P .0108;

(11)         use or possess any product banned by the FDA. A list of banned products is available at www.fda.gov; or

(12)         use or possess any machine for a cosmetic art service that is not classified by the FDA. Machines that do not require classification by the FDA are exempt from this regulation.

(g)  In using a disinfectant, the user shall wear any personal protective equipment, such as gloves, recommended by the manufacturer in the Safety Data Sheet.

(h)  Licensees may only perform services specifically designated within their licensure field as defined by G.S. 88B-2.

History Note:        Authority G.S. 88B-2; 88B-4; 88B-14; 88B-24;

Eff. April 1, 2012;

Amended Eff. August 1, 2014; March 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015;

Amended Eff. April 1, 2023; September 1, 2020; October 1, 2019; March 1, 2019; March 1, 2018.