N.H. Admin. Code § Bar 302.07

Current through Register No. 45, November 7, 2024

Section Bar 302.07 - Licensee

(a) Each licensee shall wash his or her hands immediately before attending to a patron.

(b) Shampoo bowls shall be sanitized and disinfected after each use.

(c) The licensee shall be responsible for compliance with the following requirements:

(1) All non-electrical implements shall be sanitized and disinfected after each use on a person and shall be kept in a dry container or drawer. Combs and brushes shall not be placed in the licensee's pocket at any time;

(2) The disinfection container(s) shall remain covered at all times;

(3) All implements that have been used on a patron or soiled in any manner shall be placed in a closed container;

(4) All electrical implements which come into direct contact with a client shall be disinfected before each use;

(5) All implements and supplies which come into direct contact with a patron and cannot be disinfected such as cotton pads, emery boards, sponges, and neck strips shall be disposed of after each use in a closed container;

(6) After a towel has been used, it shall be deposited in a container and not used until laundered;

(7) Creams and other semi-solid substances shall be removed from containers with a clean spatula or similar article without allowing such implements to come in contact with the patron. Containers of cream, powder and other toilet preparations shall be covered when not in use; and

(8) Implements which come in contact with a patron shall be sanitized and disinfected after each use. If a make-up brush or neck duster is used, it shall be disinfected after each use.

(d) All licensees shall wear shoes and clothing.

(e) Each patron shall be covered with a cape. The cape shall not come in direct contact with the patron's neck, unless laundered after each use.

(f) If the skin of the licensee or patron is punctured, the licensee shall immediately do the following:

(1) Apply antiseptic and a sterilized bandage;

(2) Make available to the patron antiseptic and a sterilized bandage if still bleeding;

(3) Under both (1) and (2) above, sanitize and disinfect the implement and appliance in use at the time of the puncture before proceeding; and

(4) Under both (1) and (2), above, put on disposable gloves.

(g) A licensee shall not:

(1) Apply methyl methacrylate (MMA) monomer on a person, or have MMA available for use in the facility;

(2) Use product in any other manner than that product's intended use;

(3) Use a variable speed electrical nail file on the natural nail unless it has been specifically designed for use on the natural nail;

(4) Use a blade to remove any corns, callouses, or skin, or have blades available for use in the facility;

(5) Diagnose any medical condition or treat any medical condition unless referred by a physician;

(6) Provide any service within the scope of practice unless they have received training prior to performing the service;

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

a. A communicable disease;

b. A contagious condition;

c. An inflamed, infected, broken, raised or swollen skin or nail tissue; or

d. An open wound or sore in the area to be worked on that would contraindicate the efficacy of the service;

(8) Use any adulterated chemical exfoliating substances;

(9) Use carbolic acid, also known as phenol, over 2% strength;

(10) Alter a license issued by the board;

(11) Use an animal to perform any service, including, but not limited to, worms, insects, fish, amphibians, reptiles, birds, and mammals; or

(12) Use a dermaroller, dermapen, plasma pen, or any microneedling device or equipment which rolls or pulsates using needles or pins, or have microneedling devices available for use in the facility.

(h) The licensee shall:

(1) Notify the board in writing within 30 days of a name or address change by providing:

a. Old name and address;

b. Current name and address;

c. With name changes must include a copy of official documentation, such as, a marriage license, court paper, divorce decrees; and

d. Current license number;

(2) If he or she loses his or her license, alters his or her license, or works in one or more location, request a duplicate license by providing the following in writing:

a. His or her name and address;

b. The same information as required by Bar 301.01(b) (5) and (b) (6); and

c. A check, money order, electronic payment, or cash in the amount of $15.00; and

(3) When transferring his or her license to another state, request a certificate of state licensure from the board by providing the following in writing:

a. His or her name and address;

b. Name of the state to receive the certificate of state licensure; and

c. A money order, electronic payment, or cash in the amount of $20.00.

(i) The board shall issue to the licensee the following:

(1) A duplicate license within 30 days of receipt of request if the licensee has provided the information pursuant to (h) (2), above; or

(2) A certificate of state licensure within 14 days of receipt of a request if the license has provided the information pursuant to (h) (3), above.

(j) All check(s) returned to the board shall be subject to a penalty in accordance with RSA 6:11-a.

(k) A licensee who chooses to use an electrical nail file shall have completed a certified program in the proper use of an electrical nail file in a school licensed by the board or a certified program.

(l) The licensee shall provide a copy of the certificate required by Bar 302.06(ab) above within 30 days of receiving it.

(m) After each service, the licensee shall ensure that the surface(s) of all equipment that come in direct contact with client's skin, including manicuring tables, pedicure basin, mats, and cushions, shall be sanitized.

(n) An esthetician shall complete additional technical, hands-on training for each of the procedures or equipment in the following:

(1) Cosmetic chemical substances for exfoliation;

(2) Body therapies, including manual or mechanical lymphatic drainage massage as it relates to skin beautification;

(3) Microdermabrasion or mechanical equipment for cosmetic exfoliation;

(4) Light therapy devices;

(5) Ultrasonic devices;

(6) Microcurrent devices;

(7) FDA registered Class I and II devices; and

(8) Radio frequency devices.

(o) The hands-on training may be obtained anywhere but shall be specific and adequate for the type of service to be performed.

(p) An esthetician shall use cosmetic exfoliating substances and equipment described in (n), above, according to the manufacturers' directions and within the equipment's approved scope of use pursuant to its 510k filing with the FDA.

(q) An esthetician using cosmetic exfoliating substances and equipment described in (n), above, shall have a sufficient understanding of the Fitzpatrick Scale to determine appropriate peel protocol. The esthetician shall assess the client's skin tone and determine where the client's skin tone falls on the scale.

(r) An esthetician shall receive training in sanitation precautions, the related theory, chemistry, safety precautions, ultraviolet light protection, contraindications, and practical application prior to performing services described in (n), above.

(s) An esthetician shall obtain a written client history of conditions related to services described in (n), above, including, but not limited to, the following:

(1) Being currently under a physicians care or treatment;

(2) Predisposition to herpes simplex virus;

(3) Current pregnancy;

(4) History of cosmetic related irritants or allergic reactions;

(5) Frequency of sun exposure or tanning bed use; and

(6) The use of topical or oral medications, or both, which increase the individuals' susceptibility to adverse reactions such as photosensitivity.

(t) Any New Hampshire licensed cosmetologist or esthetician providing services described in (n) (1) - (8), above, prior to June 9, 2006, shall be allowed to continue such services provided they comply with (n) through (s) for estheticians.

(u) Licensees who wish to perform a service at a location other than a shop licensed in accordance with RSA 313-A:19 and the board's administrative rules shall submit a written request to the board, which includes:

(1) The service to be provided;

(2) The date and location the service will be provided;

(3) The name of the charitable organization or individual in need;

(4) The reason for providing service at an unlicensed location;

(5) Evidence of how the licensee will provide for the health and safety of the consumer; and

(6) The signature of the licensee.

(v) The board shall approve or deny the above request within 60 days of receipt of the request.

(w) The board shall approve a request only if:

(1) The board finds that approval would not jeopardize the health and safety of the public;

(2) The board determines that the event is to benefit a charitable organization or individual in need;

(3) The board determines this is not a regular practice; and

(4) The board determines the event does not benefit the licensee.

(x) The board shall deny a request only if:

(1) The board finds the health and safety of the public is jeopardized;

(2) The board determines that the event is to benefit the licensee; or

(3) The board determines that the event is held on a regular basis.

(y) A licensee, instructor, or shop apprentice shall attach a current passport photograph to the professional or shop apprentice license upon receipt of the license.

(z) Individuals who are granted a temporary permit shall attach a current passport photograph to the temporary permit upon receipt.

(aa) Licensees, instructors, shop apprentices, and individuals with a temporary permit shall make government-issued photo identification available to the inspector at any time while working in the shop.

N.H. Admin. Code § Bar 302.07

#6577, eff 9-13-97 (formerly Bar 304.03); amd by #6670, EMERGENCY RULE, eff 1-13-98, amendment EXPIRED: 5-13-98; amd by #6849, eff 9-3-98; ss by #7555, eff 9-12-01; amd by #7828, eff 2-13-03; ss by 8655, eff 6-9-06; amd by #8753, eff 11-27-06; ss by #9314, eff 11-5-08; amd by #9455-B, eff 4-14-09; ss by #10412-B, eff 9-19-13

Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10808, Effective 4/2/2015, Expires4/2/2025.

Amended by Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11055, Effective 3/18/2016, Expires 3/18/2026.

Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12226, Effective 6/30/2017, Expires 6/30/2027.

Amended by Volume XLI Number 23, Filed June 10, 2021, Proposed by #13205, Effective 5/13/2021, Expires 5/13/2031.