# COMAR Title 09 — Maryland Department of Labor

## Subtitle 16 — Board of Barbers

### Chapter 03 — Schools

**Authority:** Business Occupations and Professions Article, Title 4, Annotated Code of Maryland

**Administrative History:** Effective date: August 3, 1992 (19:15 Md. R. 1389)

**Administrative History:** Regulation .03B amended effective May 31, 1999 (26:11 Md. R. 854)

**Administrative History:** Regulation .05 adopted effective November 5, 2007 (34:22 Md. R. 1976)

#### Regulation .01 Public and Private Barber Schools — General.

*COMAR 09.16.03.01*

The Board's inspectors may conduct inspections of those schools of barbering approved by the State Board of Education or the Maryland Higher Education Commission.

#### Regulation .02 Prohibitions — Schools.

*COMAR 09.16.03.02*

The following activities are prohibited in a barber school approved by the State Board of Education or the Maryland Higher Education Commission:

A. The performance of services of any kind on a client who has an infectious or contagious disease that presents a hazard to others;

B. The performance of services of any kind by a student who has an infectious or contagious disease that presents a hazard to clients;

C. The performance of services of any kind upon the surface of a client's skin or scalp, where the skin or scalp is inflamed or where a skin infection or eruption is present, unless authorized by a physician;

D. The removal of corns, calluses, or other growths of the skin, such as warts, by cutting;

E. The presence of a dog, cat, bird, or any kind of animal on the school premises with the exception of guide dogs for the blind;

F. The sale of any hairpieces which previously have been worn including, but not limited to wigs, toupees, wiglets, falls, and switches.

#### Regulation .03 Sanitation Requirements — General.

*COMAR 09.16.03.03*

A. A barber school approved by the State Board of Education or the Maryland Higher Education Commission shall comply with the sanitation provisions in §B of this regulation.

B. Sanitation Provisions.

  (1) Every school shall be well lighted, heated, and ventilated, and shall be kept in a clean and sanitary condition.

  (2) The walls, curtains, and floor coverings in a school shall be washed and kept clean.

  (3) All schools shall be supplied with hot and cold running water.

  (4) The premises shall be kept free from rodents, vermin, flies, or similar insects.

  (5) The school may not be used for sleeping or living quarters.

  (6) All hair, cotton, or other waste material shall be removed from the floor without delay and deposited in a closed container and removed from the premises frequently.

  (7) Rest rooms shall be kept in a sanitary condition and have a soap dispenser and disposable towels.

  (8) All students shall be attired in clean, washable garments.

  (9) The hands of a student shall be washed before attending each patron.

  (10) Surgical latex gloves shall be worn if a student has a cut or open wound.

  (11) Instruments used in direct contact with a client shall be washed in hot, soapy water before being immersed in a disinfectant solution for the required period of time as specified in §B(12) of this regulation.

  (12) Instruments shall be disinfected in a wet sanitizer containing an EPA registered, hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the instruments that come in direct contact with a client.

  (13) Each school shall have:

    (a) At least one wet sanitizer containing a disinfectant solution as specified in §B(12) of this regulation; and

    (b) One closed drawer or cabinet for each work station being used by a licensee or registrant.

  (14) Cleaned and disinfected implements and equipment shall be stored in a closed dry cabinet or drawer which contains no other objects or substances.

  (15) The use of neck dusters, styptic pencil, lump alum, or any other equipment or implement which cannot be sanitized and disinfected may not be used on more than one client.

  (16) Every head rest shall be covered with a new clean towel or disposable paper for each client.

  (17) A school shall have a closed cabinet in which laundered towels are stored and a separate bin or hamper for the disposal of soiled towels. If the school does its own laundering, the school shall have both an automatic washer and dryer on the premises.

  (18) An instrument that caused a skin abrasion or a cut to the skin shall be cleansed and disinfected immediately. If bleeding occurs, a tissue or cotton shall be used to collect the blood. Blood-contaminated materials shall be disposed of immediately in a sealed, double-plastic bag.

  (19) A student whose hands come in contact with blood shall wash and disinfect them immediately.

  (20) A minimum of eight combs and four brushes shall be available for each student.

  (21) Protective neck strips or similar covering shall be used on each client.

  (22) Shampoo bowls shall be washed after each shampoo and sanitized frequently with a disinfectant to assure cleanliness.

  (23) Soiled combs, brushes, towels, or other used material shall be removed from the tops of work stations immediately after use.

  (24) Objects dropped on the floor may not be used until they are cleansed and disinfected.

  (25) All barber chairs and waiting chairs shall be maintained in good repair and in a sanitary condition.

#### Regulation .04 Complaints and Violations in Barber Schools.

*COMAR 09.16.03.04*

A. This regulation applies whenever a complaint is made to the Board by an inspector, member of the Board, or any other person in regard to the sanitary condition of a barber school or the sanitary practice of barbering performed at a barber school.

B. Upon receipt of a complaint, in compliance with Business Occupations and Professions Article, §4-511, Annotated Code of Maryland, an inspector shall investigate the complaint, and the Board shall determine if the complaint alleges grounds adequate to warrant action by the Board.

C. If the Board determines that the complaint does not allege grounds adequate to warrant action by the Board, the Board shall dismiss the complaint.

D. If the Board determines that the complaint does allege grounds adequate to warrant action by the Board, the Board shall notify the owner of the school, or an authorized representative of the school, in writing and provide the owner of the school with an opportunity to correct the violation.

E. If the owner corrects each alleged violation within 10 days of the written notification, the Board shall dismiss the complaint and notify the owner.

F. If the owner fails to correct each alleged violation within 10 days of the written notification, the Board shall institute and conduct a hearing as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

G. If the Board conducts a hearing and concludes that the owner has violated one or more sanitation regulations, the Board may impose a fine not to exceed $300 for each violation.

H. The Board shall report the sanitation violation and the amount of fine imposed to the Maryland State Board of Education in regard to a public school or to the Maryland Higher Education Commission in regard to a private career school.

#### Regulation .05 Citations to Schools.

*COMAR 09.16.03.05*

Unless otherwise indicated, the following civil penalties are applicable to the following violations of the laws and regulations of the Board of Barbers discovered by a Board inspector during an inspection of a school:

A. Sanitation.

  (1) Improper Disinfection.

    (a) Failure to wash implements before disinfection — $150

    (b) Failure to properly disinfect implements, bowls, basins, or other areas — $150

    (c) Failure to properly store disinfected implements — $150

  (2) Improper procedures for cut or blood-related incidents — formal hearing

  (3) Other.

    (a) Poor lighting, heating, ventilation — $50

    (b) Unclean walls, curtains, or floor coverings — $50

    (c) Absence of hot or cold running water — $50

    (d) Presence of rodents or insects — $50

    (e) Use of school for sleeping or living — $100

    (f) Failure to promptly remove hair or debris — $50

    (g) Unsanitary restroom — $50

    (h) No soap dispenser and disposable towels — $50

    (i) Unclean operator's garments — $50

    (j) Failure to wash hands before each client — $50

    (k) No wet sanitizer containing proper disinfectant solution — $50

    (l) No closed drawer or cabinet for disinfected implements at station — $100

    (m) Failure to store disinfected implements in closed cabinet or drawer that contains no other objects or substances — $100

    (n) Use of neck duster, powder puff, sponge, septic pencil, or lump alum on more than one client — $100

    (o) Failure to properly cover head rest for each client — $100

    (p) Improper storage or disposal of towels — $50

    (q) Insufficient number of combs or brushes — $50

    (r) Failure to use protective neck strip — $50

    (s) Improperly washed or sanitized shampoo bowl — $50

    (t) Failure to remove soiled items from top of work station after use — $50

    (u) Use of implements dropped on floor without cleaning and disinfecting — $100

    (v) Failure to maintain barber chairs and waiting chairs in a sanitary condition — $50

B. Prohibited Practices.

  (1) Services on client with infectious or contagious disease — formal hearing

  (2) Operator with infectious or contagious disease performing services — formal hearing

  (3) Services on inflamed skin or scalp without physician authorization — formal hearing

  (4) Removal of corns, calluses, or other growths of skin by cutting — $300

  (5) Presence of animal — $100

  (6) Sale of used hairpieces — $300

  (7) Habitual intoxication or under influence of any drug — formal hearing

C. Interference With Inspector—Formal Hearing.