4 Colo. Code Regs. § 731-1.8

Current through Register Vol. 47, No. 18, September 25, 2024

Section 4 CCR 731-1.8 - PROHIBITED ACTS AND SCOPE OF PRACTICE

This Rule clarifies prohibited acts and the scope of practice for barbers, hairstylists, nail technicians, estheticians, and cosmetologists pursuant to sections 12-105-104(2), (7), (8), (9) and (11), C.R.S.,

A.PROHIBITED ACTS FOR BARBERS, HAIRSTYLISTS, NAIL TECHNICIANS, ESTHETICIANS, AND COSMETOLOGISTS

1. Licensees are prohibited from performing a service and/or using an implement, device, product, machine, tool, or technique, or combination of the same that:

a. Penetrates, destroys or alters the client's skin beyond the epidermis;

b. Is banned or deemed unsafe by local, state or federal governmental agencies responsible for making such determinations:

c. Would require delegation pursuant to the Medical Practice Act, section 12-240-101et seq., C.R.S., and the Rules as promulgated by the Colorado Medical Board (e.g., Rule 800), unless such delegation is in place; or,

d. Has a reasonable likelihood of causing harm or injury to the client.

2. Licensees are specifically prohibited from using the following:

a. Devices, tools, implements, and machines listed as Class IIIb or higher medical devices for any purpose or procedure other than for which the medical device is intended (e.g., epilator devices identified for hair removal must not be used by a licensee for any purpose other than the removal of hair);

b. Methylmalonic acid or Methacrylate Liquid Monomers, (MMA);

c. Live fish, leeches, snails, and any other living creature for use in any cosmetic service;

d. Any product banned or deemed unsafe by local, state or federal governmental agencies responsible for making such determinations; or,

e. Ultra Violet (UV) light boxes for disinfection.

3. Possession or storage of devices, substances, and products that are prohibited and described in Rule 1.8 will be considered prima facie evidence of use.

B.BARBERING SCOPE OF PRACTICE

The scope of practice for barbering covers those practices set forth in section 12-105-104(2), C.R.S., to include the ordinary and customary services provided by barbers in the state, subject to infection control and prevention rules.

C.HAIRSTYLIST SCOPE OF PRACTICE

The scope of practice for hairstylist covers those practices set forth in section 12-105-104(9), C.R.S., to include the ordinary and customary services provided by hairstylists in the state, subject to infection control and prevention rules.

D.NAIL TECHNICIANS SCOPE OF PRACTICE

1. The scope of practice for nail technicians covers those practices set forth for nail technicians in sections 12-105-104(11) and (12), C.R.S., to include the ordinary and customary services provided by nail technicians in the state, subject to infection control and prevention rules and the additional training requirements.

2. Scope Of Practice After Additional Training

a. Upon successful completion of the training requirements described in Rule 1.9 , the scope of practice for a nail technician expands to include:

(1) Use of electric files for natural nail services, filing, maintenance, and removal of artificial enhancement products, and pedicure services; and,

(2) Hair removal to a client's leg up to the knee, and the arm up to the elbow, by the use of wax or depilatories only.

E.ESTHETICIAN SCOPE OF PRACTICE

1. The scope of practice for an esthetician covers those practices set forth in section 12-105-104(8), C.R.S., to include the ordinary and customary services provided by estheticians in the state, subject to infection control and prevention rules and the additional training requirements.

2. Scope Of Practice After Additional Training

a. Upon successful completion of the training requirements described in Rule 1.9 , the scope of practice for an esthetician expands to include:

(1) The independent use of cosmetic resurfacing exfoliating substances and equipment;

(2) The performance of microdermabrasion; and,

(3) The performance of pigment implantation (Semi and permanent).

3. Safety Data Sheets (SDS) must be kept for all substances used in the permanent tinting of eyebrows or eyelashes. For such permanent tinting services, the licensee must follow the same precautions that would be used for any eyebrow or eyelash coloring or tinting, including but not limited to a predisposition test (also known as a "patch test").

F.COSMETOLOGIST SCOPE OF PRACTICE

1. The scope of practice for cosmetologists covers those practices set forth in section 12-105-104(7), C.R.S., to include the ordinary and customary services provided by cosmetologists in the state, subject to infection control rules and the additional training requirements.

2. Scope Of Practice After Additional Training

a. Upon successful completion of the training requirements described in Rule 1.9 ,the scope of practice for a cosmetologist expands to include:

(1) The independent use of cosmetic resurfacing exfoliating substances and equipment classified lower than a Class IIIb medical device;

(2) The performance of microdermabrasion;

(3) The performance/application of pigment implantation (semi or permanent); and

(4) Use of electric files for natural nail services, filing, maintenance, and removal of artificial enhancement products, and pedicure services.

3. Safety Data Sheets (SDS) must be kept for all substances used in the semi or permanent tinting of eyebrows or eyelashes. For such tinting services, the licensee must follow the same precautions that would be used for any eyebrow or eyelash coloring or tinting, including but not limited to a predisposition test (commonly known as a "patch test").

G.DELEGATED MEDICAL SERVICES

This Rule 1.8 is not applicable to services performed by a licensee that have been properly delegated pursuant to the Medical Practice Act, section 12-240-101et seq., C.R.S., or rules promulgated by the Colorado Medical Board (e.g. Rule 800).

4 CCR 731-1.8

41 CR 02, January 25, 2018, effective 2/14/2018

42 CR 10, May 25, 2019, effective 6/14/2019

43 CR 22, November 25, 2020, effective 12/15/2020

44 CR 09, May 10, 2021, effective 5/30/2021

45 CR 17, September 10, 2022, effective 8/15/2022

45 CR 16, August 25, 2022, effective 9/14/2022

45 CR 21, November 10, 2022, effective 11/30/2022