• MISSISSIPPI STATE BOARD OF COSMETOLOGY


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  • FileName: 00012391b.pdf [read-online]
    • Abstract: and revising Rule 809., relating to Disinfecting Work Surfaces, ... Supplies, and Rule 812., relating to Cleaning and Disinfecting Whirlpool Footspas, ...

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MISSISSIPPI STATE BOARD OF COSMETOLOGY
AMENDMENTS TO RULES AND REGULATIONS
The Mississippi State Board of Cosmetology amends its rules and regulations by: adding
new Rule 114. , Oral Proceedings on Proposed Rules and Rule 115., Declaratory Opinions,
and revising Rule 809., relating to Disinfecting Work Surfaces, Instruments, Materials and
Supplies, and Rule 812., relating to Cleaning and Disinfecting Whirlpool Footspas,
114. ORAL PROCEEDINGS ON PROPOSED RULES
I. This rule applies to all oral proceedings held for the purpose of providing
the public with an opportunity to make oral presentations on proposed new
rules and amendments to rules before the Board pursuant to §25-43-
3.104.
A.. The Board will conduct an oral proceeding on a proposed rule or
amendment if requested by a political subdivision, an agency or ten
(1) persons in writing within twenty (20) days after the filing of the
notice of the proposed rule.
2. Each request must be printed or typewritten, or must
be in legible handwriting. Each request must be submitted on
standard business letter-size paper ( 8-1/2 inches by 11 inches)
Requests may be in the form of a letter addressed to the Board and
signed by the requestor(s)
3. The date, time and place of al oral proceedings shall
be field with the Secretary of State’s office and mailed to each
requestor. The oral proceedings will be scheduled no earlier than
twenty days from the filing of this information with the Secretary of
State.
4. The Board President or his designee, who is familiar
with the substance of the proposed rule, shall preside at the oral
proceeding on a proposed rule.
II Public Presentations and Participation
BBBBB. At an oral proceeding on a proposed rule, persons
may make oral statements and make documentary and physical
submissions, which may include data, views, comments or
arguments concerning the proposed rule.
CCCCC. Persons wishing to make oral presentations at shall a
proceeding shall notify the Board at least one business day prior to
the proceeding and indicate the general subject of their
presentations. The presiding officer in his or her discretion may
allow individuals to participate that have not previously contacted
the Department.
DDDDD. At the proceeding, those who participate shall indicate
their name and addresses, identify any persons or organizations
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they may represent, and provided any other information relating to
their participation deemed appropriate by the presiding officer.
B. The presiding office may place time limitations on
individual oral presentations when necessary to assure the orderly
and expeditious conduct of the oral proceeding. To encourage joint
oral presentations and to avoid repetition, additional time may be
provided for persons whose presentations represent the views of
other individuals as well as their own views.
C. Persons making oral presentations are encouraged to
avoid restating matters that have already been submitted in writing.
D. There shall be no interruption of a participant who has
been given the floor by the presiding officer, except that the
presiding officer may in his or her discretion interrupt or end the
partisan’s time where to orderly conduct of the proceeding so
requires.
III. Conduct of Oral Proceeding.
D. The presiding officer shall have authority to conduct the
proceeding in his or her discretion for the orderly conduct of the
proceeding. The presiding officer shall:
1. Call proceeding to order.
2. Give a brief synopsis of the proposed rule, a
statement of the statutory authority for the proposed rule,
and the reasons provided by the Board for the proposed
rule.
3. The presiding officer, where time permits and to
facilitate the exchange of information, may open the floor to
questions or general discussion. The presiding officer may
question participants and permit the questioning of
participants by other participants about any matter relating to
that rule-making proceeding, including any prior written
submissions make by those participants in that proceeding;
but no participant shall be required to answer any question.
4. Submissions presented by participants in an oral
proceeding shall be submitted to the presiding officer. Such
submissions become the property of the Board and are
subject to the Board’s public records request procedure.
5. The Board may record oral proceedings by
stenographic or electronic means.
115. DECLARATORY OPINIONS
I. These rules set forth the Board of Cosmetology’s rules governing the form
and content of requests for declaratory opinions, and the Board’s
procedures regarding the requests, as required by Mississippi Code §25-
43-2.103. These rules are intended to supplement and be read in
conjunction with the provisions of the Mississippi Administrative
Procedures Law, which may contain additional information regarding the
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issuance of declaratory opinions. In the event of any conflict between
these rules and the Mississippi Administrative Procedures Law, the latter
shall govern.
D. Any person with a substantial interest in the subject matter may
request a declaratory opinion from the Board by following the
specified procedures. “Substantial interest in the subject matter”
means: an individual, business, group or other entity that is directly
affected by the Board’s administration of the laws within its primary
jurisdiction. “Primary jurisdiction of the Board means that the board
has a constitutional or statutory grant of authority in the subject
matter at issue.
E. The Board will issue declaratory opinions regarding the applicability
to specified facts of:
1. A statute administered or enforceable by the Board, or
2. A rule promulgated by the Board.
The Board will not issue a declaratory opinion regarding a statute or
rule which is outside the primary jurisdiction of the agency.
D. The Board may, for good cause, refuse to issue a declaratory
opinion. The circumstances in which declaratory opinions will not
be issued include, but are not necessarily limited to:
1. lack of clarity concerning the question presented;
2. there is pending or anticipated litigation, administrative
action, or other adjudication which may either answer the
question presented by the request or otherwise make an
answer unnecessary;
3. the statute or rule on which a declaratory opinion is sought is
clear and not in need of interpretation to answer the question
presented by the request;
4. the facts presented in the request are sufficient to answer
the question presented;
5. the request fails to contain information required by the rules
or the requestor failed to follow the procedure set forth in
these rules;
6. the request seeks to resolve issues which have become
moot, or are abstract or hypothetical such that the requestor
is not substantially affected by the statue or rule on which a
declaratory opinion is sought;
7. no controversy exists concerning the issue as the requestor
is not faced with existing fact or those certain to arise which
raise a question concerning the application of the statute or
rule;
8. the question presented by the request concern the legal
validity of a statue or rule;
9. the request is not based upon facts calculated to aid in the
planning of future conduct but is, instead, based on past
conduct in an effort to establish the effect of that conduct;
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10. no clear answer is determinable;
11. the question presented by the request involved the
application of a criminal statute or an set of facts which may
constitute a crime;
12. the answer to the question presented would require the
disclosure of information which is privileged or otherwise
protected by law from disclosure;
13. the question is currently the subject of an Attorney General’s
opinion request or has been answered by an Attorney
General’s opinion;
14. a similar request is pending before this board or any other
agency or a proceeding is pending on the same subject
matter before any agency, administrative or judicial tribunal,
or where such an opinion would constitute the unauthorized
practice of law.
15. where issuance of a declaratory opinion may adversely
affect the interest of the State, the Board of any of their
officers or employees in any litigations which is pending or
may reasonable be expected to arise;
16. the question involves eligibility for a license, permit,
certificate or other approval by the Board or some other
agency, and there is a statutory or regulatory application
process by which eligibility for said license, permit, certificate
or other approval would be determined.
D. Each request must be printed or typewritten, or must be in legible
handwriting. Each request must be submitted on standard
business letter-size paper ( 8-12 inches by 11 inches). Request
must be in the form of a letter addressed to the Board.
E. All requests must be mailed, delivered or transmitted
via facsimile to the Board. The request shall clearly state that it is a
request for a declaratory opinion. No oral, telephone request or e-
mail requests will be accepted for official opinions.
F. Each request must include the full name, telephone
number and mailing address of the requestor. All request shall be
signed by the person filing the request, who shall attest that the
request complies with the requirements set forth in these rules,
including by not limited to a full, complete and accurate statement
of relevant facts and that there are no related proceedings pending
before any other administrative or judicial tribunal.
G. Each request shall contain the following:
1. a clear and concise statement of all facts on
which the opinion is requested;
2. a citation to the statue or rule at issue;
3. the question(s) sought to be answered in the
opinion, stated clearly;
4. a suggested proposed opinion from the
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requestor, state the answers desired by petitioner and a
summary of the reasons in support of those answers;
5. the identify of all other known persons involved
in or impacted by the desired factual situation, including their
relationship to the facts, name, mailing address and
telephone number; and
6. a statement to show that the person seeking
the opinion has a substantial interest in the subject matter.
H. Within forty-five (45) days after the receipt of a
request for a declaratory opinion which complies with the
requirements of these rules, the Board shall in writing:
1. issue a declaratory opinion regarding the
specified statute or rule as applied to the specified
circumstances;
2. Decline to issue a declaratory opinion, stating
the reasons for its action; or
3. Agree to issue a declaratory opinion by a
specified time bu not later than ninety (90) days after receipt
of the written request;
The forty-five (45) days period shall begin running on the first State
of Mississippi business day on or after the request is received by
the Board, whichever is sooner.
I. A declaratory opinion shall not become final until the
expiration of sixty (60) days after the issuance of the opinion. Prior
to the expiration of sixty (60) days, the Board may, in its discretion,
withdraw or amend the declaratory opinion for any reason which is
not arbitrary or capricious. Reasons for withdrawing or amending
an opinion include, but are not limited to, a determination that the
request failed to meet the requirements of these rules and that the
opinion issued contains a legal or factual error.
II. The Board may give notice to any person, agency or entity
that a declaratory opinion has been requested and may receive and
consider data, facts, arguments and opinions from other persons,
agencies or other entities other than the requestor.
III. Declaratory opinions and requests for declaratory opinions
shall be available for public inspection and copying in accordance with the
Public Records Act and the Board’s public records request procedure. All
declaratory opinions and requests shall be indexed by name and subject.
Declaratory opinions and requests which contain information which is
confidential or exempt from disclosure under the Mississippi Public
Records Act or other laws shall be exempt from this requirement shall
remain confidential.
IV. The Board will not pursue any civil, criminal or administrative
action against a person who is issued a declaratory opinion from the
Board and who, in good faith, follows the direction of the opinion and acts
in accordance therewith unless a court of competent jurisdiction holds that
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the opinion is manifestly wrong. Any declaratory opinion rendered by the
Board shall be binding only on the Board and the person to whom the
opinion is issued. No declaratory opinion will be used a precedent for any
other transaction or occurrence beyond that set forth by the requesting
person.
809. DISINFECTING WORK SURFACES, INSTRUMENTS, MATERIALS AND
SUPPLIES:
DCCCX. Work surfaces must be cleaned with a detergent and disinfected
after each client.
DCCCXI. All instruments, materials and supplies used in direct contact upon
a patron, except those which come in contact with blood or body fluids,
require the following treatment:
A. Thorough cleansing of the instruments, materials and
supplies with soap and water or other detergent immediately after
each use, and prior to disinfection, so as to remove all foreign
material which might harbor bacteria.
B. Each establishment will have and use for disinfection
at all times during business hours, a Wet Disinfectant Container
made of glass, stainless steel, or the type recommended by the
manufacturer of the product it contains.
4. The disinfectant used must be an EPA
registered, hospital grade, bactericidal, virucidal and
fungicidal disinfectant.
5. The solution will be mixed and used according
to manufacturer’s instructions for dilution and immersion
time.
6. The container will be large enough for total
immersion of the open implement and will contain the
appropriate amount of solution for the number of items to be
disinfected.
7. The container will have a cover in place at all
times, labeled as to its contents, and be easily accessible to
all practitioners.
8. Implements are to be removed from the
disinfectant in such a manner as not to contaminate the
disinfectant solution (using tongs, baskets, and such), and
placed on a clean dry towel for air drying.
9. Ultraviolet ray cabinets may be used, but are
not acceptable as approved disinfecting devises. Glass
bead sterilizers are not an acceptable disinfectant.
C. Storage of Disinfected Implements:
1. Disinfected combs, brushes, instruments and
accessories
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will be kept in a clean, sanitized, closed receptacle or
cabinet when not in use.
III. Body treatment, pedicure and manicure equipment that holds water shall
be cleaned after each client by scrubbing with surfactant soap and water
to remove all visible residue, then disinfected with an EPA registered
bactericide, fungicide, and virucidal disinfectant with surface contact
according to manufacturer’s directions
IV All tools and implements which have come in contact with blood or
body fluids must be disinfected in the manner stipulated in Rule 809.II.,
except that the disinfectant must be an EPA registered, hospital grade,
tuberculocidal that is mixed and used according to the manufacturer’s
direction. Disposable items must be discarded immediately, following the
Blood Spill Procedures as stipulated in Rule 813.
812. CLEANING AND DISINFECTING WHIRLPOOL FOOTSPAS.
I. As used in this section, “whirlpool footspa” or “spa” is defined as any basin
using circulating water.
II Hair Removal and waxing services may not be performed on the
legs or feet before any pedicure service
III. Each whirlpool footspa shall be cleaned and disinfected in the following
manner:
A. Before use upon each patron,
1. All water shall be drained and all debris shall be removed
from the spa basin.
2. The spa basin must be cleaned with a brush and surfactant
soap and water.
3. The spa basin must be disinfected with an EPA-registered
disinfectant with demonstrated bactericidal, fungicidal, and
virucidal activity which must be used according to
manufacturer’s instructions.
4. The spa basin must be wiped dry with a clean towel.
B. At the end of each day,
1. The screen shall be removed, all debris trapped behind the
screen shall be removed, and the screen and the inlet shall
be cleaned with a brush and surfactant soap and water.
2. Before replacing the screen, one of the
following procedures shall be performed:
a. The screen shall be washed with a
chlorine bleach solution of 1 teaspoon of 5% chlorine
bleach to 1 gallon of water, or
b. The screen shall be totally immersed in an
EPA-registered disinfectant with demonstrated
bactericidal, fungicidal, and virucidal activity which
must be used according to the manufacturer’s
instructions.
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3. The spa system shall be flushed with low sudsing
soap and warm water for at least 10 minutes, after which the
spa shall be rinsed and drained.
C. Every other week (bi-weekly), after cleaning and disinfecting
as provided in Section B. above, each whirlpool footspa shall be
cleaned and disinfected in the following manner:
1. The spa basin shall be filled completely with water
and 1 teaspoon of 5% bleach for each 1 gallon of water.
2. The spa system shall be flushed with the bleach and
water solution for 5 to 10 minutes and allowed to sit for 6 to
10 hours.
3. The spa system shall be drained and flushed with
water before use upon a patron.
D. A record shall be made of the date and time of each cleaning
and disinfecting as required by Sections B. And C., and will indicate
whether the cleaning was a daily or bi-weekly cleaning. This record
shall be made at or near the time of cleaning and disinfecting.
Cleaning and disinfecting records shall be made available upon
request by either a patron or a board representative.
E. A violation of this section may result in an administrative fine
and/or disciplinary action. Each footspa not in compliance with this
section may result in a separate violation.
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