21 NCAC 14H .0401. LICENSEES AND STUDENTS

(a)  Notwithstanding Rule .0201 in this Subchapter, this Rule applies to licensees and students in practice in cosmetic art schools and shops.  Each licensee and student shall wash his or her hands with soap and water or an equally effective cleansing agent immediately before and after serving each client.

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

(c)  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 designed and intended to cut growths of skin including skin tags, corns, and calluses;

(3)           FDA rated Class III devices;

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

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

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

(d)  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 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;

(7)           use any FDA rated Class II device without the documented supervision of a licensed physician;

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

(9)           make any statement to a member of the public either verbally or in writing stating or implying 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. 

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

 

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.