UPDATE: The proposed rules below are now final and effective April 1, 2022.
The North Dakota State Board of Cosmetology (Board) proposed amended rules that primarily affect esthetics, cosmetology, and manicuring in the following areas: definitions, cleaning and disinfection processes and methods, inspections, salon management, cosmetology hours and curriculum, examinations, and fees. The proposed rules were drafted to comply with Senate Bill No. 2092 that passed this legislative session to keep practices and procedures current. ASCP, AHP, and ANP have summarized the rules for you below.
You can submit commentary to the Board showing your support or opposition to the proposed rules by emailing firstname.lastname@example.org. Written comments will be accepted through January 11, 2022.
In addition, the Board will hold a public hearing to address the proposed amendments at 9:00 a.m. CST on December 30, 2021. If you wish to attend to share your comments, the meeting will be held at 4719 Shelburne Street, Suite 1, Bismarck, ND 50503.
Under the proposed amendments, the following changes were made to the definitions section:
- “Cosmetology” was added to the definition of occupation of cosmetologist.
- “Sponges,” “bamboo and wood items,” and items with “natural hair bristles” were materials added to the definition of porous.
- The definition of salon was expanded to included “independent licensee salons,” currently referred to as “booth spaces.”
Cleaning and disinfecting premises (32-02-01-04)
The proposed rules suggest disinfecting shampoo bowls after each use instead of daily.
Manicure tables would have to be wiped clean with soap and water to remove dust and debris, wiped or sprayed with a US Environmental Protection Agency (EPA) registered disinfectant, and then left wet for the manufacturer’s recommended contact time.
Finally, all cleaning and disinfecting steps would have to be followed when using liners in pedicure tubs. Surrounding areas, such as footrests, would have to be kept in clean, disinfected condition.
Laundry and storage of cloth items (32-02-01-09)
The rule amendments suggest sheets, blankets, robes, and capes to be kept in an enclosed cabinet in the salon until used. These items should only be used once and then properly laundered in detergent and hot water.
Method of disinfection (32-02-01-10)
The proposed rules explain how to disinfect non-immersible, non-bladed electrical equipment. These items should be wiped with an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal, and remain wet for the contact time listed on the disinfectant label. The rules also suggest that cords and outer parts should be disinfected using the same process.
Particular aspects of disinfecting (32-02-01-11)
The proposed rules recommend wax be distributed with a single-use applicator for each application that is thrown away after a single use—double dipping is prohibited. Wax pots would be required to be free of wax residue using a fresh protective wax collar.
Padded brushes would need to be cleaned and sprayed with an EPA-registered disinfectant and not be immersed.
The proposed rules specify which services and implements used to cut below the epidermis are prohibited: microneedling, plasma fibroblasting pens, derma rollers, and lancets.
The suggested amendments would require salon owners to keep the entire salon open for inspection by the Board or Board inspectors. The entire salon will be inspected, even if an independent licensee salon is located within.
Salon management (32-03-01-07)
The proposed rules would require a master licensee to be present on salon premises during business hours. Every salon, upon request, would have to provide documented hours for master license applications. Salons would need to keep documented hour records for at least two years after any separation of employment.
The proposed rules recommend decreasing the cosmetology curriculum from 1,800 hours to 1,500 hours.
Cosmetology course curriculum (32-04-01-26.1)
The proposed rules suggest amending the cosmetology course curriculum in the following areas:
- Cleaning, disinfecting, and safety: 150 hours (new section)
- Haircutting and styling: 450 hours (currently 250 hours)
- Chemical services: 300 hours (currently 250 hours)
- Study of theory and law: 150 hours (currently 400 hours and include cleaning and disinfecting course instruction)
- Business management, interpersonal skills, ethics, and related subjects: 250 (currently 450)
The proposed rules remove the provision that an applicant for a cosmetology, esthetician, or manicurist license who fails the practical portion of the exam must complete additional hours of training.
If the applicant fails to pass the exam, the exam fee will not be returned. The applicant may be examined again once the reexamination fee is paid.
Cosmetologists, Master Cosmetologist, Instructors, Student Instructors, Demonstrators, Estheticians, and Manicurists (Chapter 32-05-01)
The proposed rules suggest adding a $150 late fee penalty for licensees who fail to renew an annual license, up to a maximum of five years.