Plain Text Law

Title 09 — Subtitle 22. Board of Cosmetologists

Chapter 01. General Regulations

Regulation .01 General Requirements.Copy Citation

A.
A licensee, permit holder, or registrant shall be familiar with and comply with the laws and regulations governing the practice of beauty culture.
B.
Every licensee and registrant shall:
(1)
Display a current and valid license in full view of the public at the practitioner's work station;
(2)
Affix a current picture to the license; and
(3)
Have available at all times valid government-issued photographic identification.
C.
When a senior cosmetologist or cosmetologist practices cosmetology in the residence of a patron, in a nursing home, or in a hospital, the following conditions shall be met:
(1)
The services are sponsored by an authorized salon;
(2)
The licensee is fully supplied with sanitized and disinfected equipment by the sponsoring salon and the implements and tools are carried back and forth in an appropriate manner to assure they are not contaminated;
(3)
The sponsoring salon maintains complete records of all services performed, and the date, time, place, and charge for the services;
(4)
All tools, equipment, and complete records are available for inspection;
(5)
Board inspectors are permitted to conduct inspections of any area where cosmetology services are provided; and
(6)
When the cosmetology services are provided in a nursing home, hospital, or similar facility, the:
(a)
Patron is a:
(i)
Resident of the facility, and
(ii)
Customer of the beauty salon, preexisting or otherwise;
(b)
Facility does not hold itself out to the public as a provider of cosmetology services; and
(c)
Compensation paid for the cosmetology services is ultimately paid to the licensee performing the services or to the sponsoring beauty salon.
D.
A licensee operating a barber shop shall comply with all pertinent sanitation regulations contained in COMAR 09.22.02.04—.06.
E.
A photography studio that provides hair styling or makeup services as a part of a photo package shall obtain an owner's permit, and the services shall be performed by an authorized licensee.
F.
A licensee, permit holder, or registrant shall promptly notify the Board of any change of address.
G.
The Board may initiate a criminal prosecution of a person who engages in the practice of beauty culture without a valid license or registration.
H.
A licensee or registrant is responsible for the sanitary condition of the licensee's or registrant's individual work station.
I.
A licensee, permit holder, or registrant may not knowingly interfere with the lawful activity of an inspector of the Board.
J.
The provision of cosmetology, esthetic, or nail technology services in a beauty salon is prima facie evidence that compensation has been, or will be, paid for the services rendered.

Regulation .02 Senior Cosmetologist License.Copy Citation

A.
A senior cosmetologist is responsible for the theory and practical training of apprentices and limited practice apprentices in the cosmetologist's salon.
B.
A senior cosmetologist license authorizes the licensee to practice all aspects of beauty culture.

Regulation .03 Cosmetologist License.Copy Citation

A cosmetologist license authorizes the licensee to practice all aspects of beauty culture.

Regulation .04 Esthetician License.Copy Citation

A.
An esthetician license authorizes the licensee to engage in providing esthetic services as defined in Business Occupations and Professions Article, §5-101(o), Annotated Code of Maryland.
B.
The term “massaging”, as used in Business Occupation and Professions Article, §5-101(o), Annotated Code of Maryland, means contact with the skin limited to the beautification, cleansing, and embellishment of the skin during the application and removal of skin care products.
C.
The term “exfoliating” as used in Business Occupation and Professions Article, §5-101(o), Annotated Code of Maryland, means to remove dead skin cells, dirt, bacteria, and excess oil from the skin.
D.
The term “cosmetic microneedling” as used in Business Occupation and Professions Article, §5-101(o), Annotated Code of Maryland, means the use of cosmetic, non-medical devices that have needles no longer than 1 mm and are used in a manner that does not penetrate the skin beyond the epidermis.
E.
The term “toning” as used in Business Occupation and Professions Article, §5-101(o), Annotated Code of Maryland, means the cleaning, manipulating and stimulating of skin by use of facials, face masks, and wraps.

Regulation .05 Nail Technician License.Copy Citation

A nail technician license authorizes the licensee to engage in the practice of:
A.
Massaging the hands and feet;
B.
Applying cosmetic preparations, nail enamels, antiseptics, lotions, creams, nail gel, nail wrappings, acrylics, and artificial nails; and
C.
Cutting, shaping, and similar work upon the nails.

Regulation .06 Eyelash Extension Technician License.Copy Citation

A.
An eyelash extension technician license authorizes the licensee to engage in the practice of applying, removing, cleansing, and maintenance of semi-permanent individual or volume eyelash extensions to enhance the length, curl, fullness, and thickness of natural lashes.
B.
Temporary Eyelash Extension Technician License.
(1)
The Board may issue a temporary eyelash extension technician license to an applicant who submits an application on or before December 31, 2026.
(2)
An applicant for a temporary license shall submit to the Board an application on the form that the Board provides.
(3)
To qualify for a temporary license, an applicant shall be at least 17 years old and have completed successfully a ninth grade education or the equivalent.
(4)
Applicants for a temporary license are exempt from the training and exam requirements of Business Occupations and Professions Article, §5-305(c) and (h), Annotated Code of Maryland.
(5)
The term of a temporary license is 1 year.
(6)
The fee for a temporary license is $11.
(7)
The Board may issue no more than one temporary license to an individual.
(8)
Renewal.
(a)
Temporary licenses may be renewed no more than one time for a term of 1 year.
(b)
An applicant for the renewal of a temporary license shall submit to the Board an application on the form that the Board provides.
(c)
The Board shall not renew a temporary license unless the applicant demonstrates good cause as to why they did not obtain a permanent eyelash technician license and that they are
(i)
Enrolled in an eyelash extension course approved by the State Department of Education or the Maryland Higher Education Commission; or
(ii)
Registered as an apprentice as provided under Business Occupations and Professions Article, §§5-404 and 5-505, Annotated Code of Maryland.
(d)
The fee for the renewal of a temporary license is $11.

Regulation .07 Cosmetologist Apprentice Registration.Copy Citation

A.
A cosmetologist apprentice registration authorizes the apprentice to learn all aspects of cosmetology under the direct supervision of a senior cosmetologist.
B.
One senior cosmetologist shall directly train one cosmetologist apprentice.
C.
Before becoming eligible to take the cosmetologist examination, a cosmetologist apprentice shall:
(1)
Train at least 20 hours per week;
(2)
Train for not less than 24, nor more than 36, months; and
(3)
Complete the apprenticeship curriculum approved by the Board.
D.
For good cause, the Board may issue a new cosmetologist apprentice registration to an individual previously registered as a cosmetologist apprentice if:
(1)
A minimum of 6 months has passed since the individual was last registered as a cosmetologist apprentice; and
(2)
The individual surrenders the number of hours earned under any other cosmetologist apprentice registration.
E.
A cosmetologist apprentice registration shall be obtained, and used, only for the purpose of receiving the amount of training required to qualify for a licensing examination given by the Board.

Regulation .08 Esthetician Apprentice Registration.Copy Citation

A.
An esthetician apprentice registration authorizes the esthetician apprentice to learn all aspects of providing esthetic services as defined in Business Occupations and Professions Article, §5-101(l), Annotated Code of Maryland.
B.
The term “massaging”, as used in Business Occupation and Professions Article, §5-101(l), Annotated Code of Maryland, means contact with the skin limited to the beautification, cleansing, and embellishment of the skin during the application and removal of skin care products.
C.
One senior cosmetologist or one licensed esthetician with 2 years experience shall directly train one esthetician apprentice.
D.
Before becoming eligible to take the esthetician examination, an esthetician apprentice shall:
(1)
Train at least 20 hours per week;
(2)
Train for not less than 12 or more than 24 months; and
(3)
Complete the apprenticeship curriculum approved by the Board.
E.
For good cause, the Board may issue a new esthetician apprentice registration to an individual previously registered as a cosmetologist apprentice or an esthetician apprentice if:
(1)
A minimum of 6 months has passed since the individual was last registered as a cosmetologist apprentice or an esthetician apprentice; and
(2)
The individual surrenders the number of hours earned under any other cosmetologist apprentice or esthetician apprentice registration.
F.
An esthetician apprentice registration shall be obtained, and used, only for the purpose of receiving the amount of training required to qualify for a licensing examination given by the Board.
G.
An esthetician apprentice registration may be renewed one time.

Regulation .09 Nail Technician Apprentice Registration.Copy Citation

A.
A nail technician apprentice registration authorizes the nail technician apprentice to learn all aspects of manicuring and pedicuring.
B.
One senior cosmetologist or one licensed nail technician with 2 years experience shall directly train one apprentice.
C.
Before becoming eligible to take the nail technician examination, a nail technician apprentice shall:
(1)
Train at least 20 hours per week;
(2)
Train for not less than 8 or more than 12 months; and
(3)
Complete the apprenticeship curriculum approved by the Board.
D.
For good cause, the Board may issue a new nail technician apprentice registration to an individual previously registered as a cosmetologist apprentice or a nail technician apprentice if:
(1)
A minimum of 6 months has passed since the individual was last registered as a cosmetologist apprentice or a nail technician apprentice; and
(2)
The individual surrenders the number of hours earned under any other cosmetologist apprentice or nail technician apprentice registration.
E.
A nail technician apprentice registration shall be obtained, and used, only for the purpose of receiving the amount of training required to qualify for a licensing examination given by the Board.

Regulation .10 Eyelash Extension Technician Apprentice Registration.Copy Citation

A.
An eyelash extension technician apprentice registration authorizes the eyelash extension technician apprentice to learn all aspects of applying, removing, cleansing, and maintaining semi-permanent individual or volume eyelash extensions to enhance the length, curl, fullness, and thickness of natural lashes.
B.
Beginning January 1, 2027, one senior cosmetologist who has completed a Board approved continuing education course regarding eyelash extension services or one licensed eyelash extension technician with 2 years’ experience as a licensed practitioner shall directly train one apprentice.
C.
Before becoming eligible to take the eyelash extension technician examination, an eyelash extension technician apprentice shall:
(1)
Train at least 10 hours per week;
(2)
Train for not less than 3 or more than 7 months; and
(3)
Complete the apprenticeship curriculum approved by the Board.
D.
For good cause, the Board may issue a new eyelash extension technician apprentice registration to an individual previously registered as a cosmetologist apprentice or an eyelash extension technician apprentice if:
(1)
A minimum of 6 months has passed since the individual was last registered as a cosmetologist apprentice or an eyelash extension technician apprentice; and
(2)
The individual surrenders the number of hours earned under any other cosmetologist apprentice or eyelash extension technician apprentice registration.
E.
An eyelash extension technician apprentice registration shall be obtained and used only for the purpose of receiving the amount of training required to qualify for a licensing examination given by the Board.

Regulation .11 Supervision of an Apprentice.Copy Citation

A.
Prior to supervising an apprentice for the first time, a licensee shall participate in an orientation program administered by the Board.
B.
A licensee who supervises an apprentice shall:
(1)
Ensure that the apprentice receives:
(a)
At least 20 hours of training per week; and
(b)
The required theory and practical training;
(2)
File a monthly report, on a form supplied by the Board, stating the progress of each apprentice in the salon and identifying the designated licensee in charge of each apprentice;
(3)
Advise the Board immediately, in writing, when an apprenticeship is discontinued, temporarily or otherwise; and
(4)
Ensure that any apprentice is limited to and performs only the services authorized by the apprentice registration.
C.
Unless the Board determines that exceptional circumstances exist, if a monthly report required by §A(2) of this regulation is not received by the Board within 90 days of the completion of the apprentice training:
(1)
The report may not be received by the Board; and
(2)
Credit may not be given for the training.

Regulation .12 Apprenticeship Registration Requirements.Copy Citation

A person may be registered as an apprentice if the person:
A.
Is at least 16 years old;
B.
Has secured a sponsoring salon in which to apprentice;
C.
Has been approved by the Board; and
D.
Prior to being registered as an apprentice, has participated in an orientation program administered by the Board.

Regulation .13 Examinations.Copy Citation

A.
The Board shall schedule examinations as often as necessary to meet the demand.
B.
Each qualified applicant for examination shall be sent a notice of the examination that contains the:
(1)
Time, date, and location of the examination;
(2)
Amount of time allotted for the examination;
(3)
Areas that will be tested during the theoretical and practical portions of the examination;
(4)
Requirements for models;
(5)
Equipment the applicant shall bring;
(6)
Requirements for passing the examination; and
(7)
Board's policy on bringing books or other materials into the examination room.
C.
Requirements for Taking Examination.
(1)
A candidate shall arrive in a timely fashion to take the examination.
(2)
A candidate shall present the notice of examination and a proper identification with the candidate's signature and photograph.
(3)
A candidate may not bring books or papers into the examination room and may not use those materials during either the practical or the theoretical portion of the examination.
(4)
A candidate taking the practical portion of an examination shall:
(a)
Appear in a clean, washable garment;
(b)
If taking the cosmetologist examination, appear with an appropriate mannequin head;
(c)
If taking the nail technician examination, appear with an appropriate mannequin hand;
(d)
If taking the esthetician examination:
(i)
Be accompanied by a live model who is 16 years old or older; or
(ii)
Appear with a mannequin head; and
(e)
Appear with the equipment necessary to take the examination which shall be in a clean and disinfected condition and in good repair.
D.
Disqualification. A candidate who violates any of the provisions of §C of this regulation may not be admitted to the examination and shall forfeit the examination fee.
E.
Interpreters—Foreign Language Dictionaries.
(1)
The Board may permit a Board-approved interpreter to accompany an applicant and assist in the theory portion of the examination.
(2)
If approved by the Board or its authorized representative, an applicant may use a word-for-word, bilingual dictionary during the theory portion of an examination.
(3)
During any portion of an examination:
(a)
A sign interpreter may assist an applicant who is hearing impaired; and
(b)
A reader may assist an applicant who has dyslexia or another, similar reading impairment.
F.
When a practical test cannot be completed for any reason, the grade for that test shall be “incomplete” and not “failure.”
G.
Passing Examination.
(1)
In order to be certified as passing an examination, a candidate shall:
(a)
Receive a score of 75 percent or more on the practical portion of the examination;
(b)
Score at least 75 percent or more on the theoretical portion of the examination; and
(c)
Demonstrate a sufficient ability to verbally communicate and comprehend the English language in order to understand, converse, and properly respond to the requests, needs, and explanations of English speaking patrons.
(2)
An individual who passes one or more portions of the examination shall be excused from retaking the portion passed.
(3)
An applicant who has not passed all parts of the examination within 1 year of the original examination date shall be required to retake the entire examination.
H.
Content of Cosmetologist Examination.
(1)
A cosmetologist examination shall consist of a theoretical portion and a practical portion.
(2)
The theoretical portion of the cosmetologist examination shall consist of questions which embrace the subjects of cosmetology found in basic cosmetology textbooks including, but not limited to, the following:
(a)
Sanitation and disinfection;
(b)
Chemical applications;
(c)
Hair cutting and styling techniques;
(d)
Diseases and disorders;
(e)
Facial massage;
(f)
Skin care;
(g)
Makeup application;
(h)
Hair removal;
(i)
Application of artificial nails;
(j)
Manicuring and pedicuring procedures; and
(k)
Laws and regulations regarding the practice of cosmetology.
(3)
The practical portion of the cosmetologist examination shall consist of the candidate demonstrating and explaining:
(a)
Wet set or thermal curl set;
(b)
Permanent cold wave;
(c)
Chemical relaxing;
(d)
Hair pressing;
(e)
Croquignole curl;
(f)
Bleach and tint;
(g)
Blended haircut;
(h)
Fingerwave;
(i)
Pincurls;
(j)
Roller placement; and
(k)
Manicure.
I.
Content of Senior Cosmetologist Examination.
(1)
A senior cosmetologist examination shall consist of a theoretical portion only.
(2)
A candidate shall be required to demonstrate a knowledge of cosmetology including, but not limited to, an advanced knowledge of:
(a)
Sanitation and disinfection techniques;
(b)
Chemical applications;
(c)
Hair cutting and styling techniques;
(d)
Diseases and disorders; and
(e)
Laws and regulations regarding the practice of cosmetology.
J.
Content of Esthetician Examination.
(1)
An esthetician examination shall consist of a theoretical portion and a practical portion.
(2)
The theoretical portion of the esthetician examination shall consist of questions which embrace the subjects of esthetics found in basic esthetics textbooks including, but not limited to, the following:
(a)
Sanitation and disinfection;
(b)
Diseases and disorders;
(c)
Facial massage;
(d)
Skin care;
(e)
Makeup application;
(f)
Hair removal; and
(g)
Laws and regulations regarding the practice of esthetics.
(3)
The practical portion of the esthetician examination shall consist of the candidate demonstrating and explaining:
(a)
Patron preparation;
(b)
Skin cleansing;
(c)
Skin analysis;
(d)
Location and names of motor points;
(e)
Tweezing and arching of eyebrows;
(f)
Massage movements; and
(g)
Application of women's daytime makeup.
K.
Contents of Nail Technician Examination.
(1)
A nail technician examination shall consist of a theoretical portion and a practical portion.
(2)
The theoretical portion of the nail technician examination shall consist of questions which embrace the subjects of manicuring found in basic manicuring textbooks including, but not limited to, the following:
(a)
Sanitation and disinfection;
(b)
Diseases and disorders;
(c)
Manicuring and pedicuring procedures;
(d)
Application of artificial nails; and
(e)
Laws and regulations regarding the practice of a nail technician.
(3)
The practical portion of the nail technician examination shall consist of the candidate demonstrating and explaining:
(a)
Basic manicure;
(b)
Hairline tip of a free edge;
(c)
Half moon;
(d)
Application of acrylic nails; and
(e)
Pedicure procedure.
L.
Contents of Blow Drying Examination.
(1)
A blow drying examination shall consist of a theoretical portion and a practical portion.
(2)
The theoretical portion of the blow drying examination shall consist of questions which embrace the subjects of beautifying, cleaning, and arranging hair found in cosmetology textbooks including, but not limited to, the following:
(a)
Sanitation and disinfection;
(b)
Disease and disorders;
(c)
Arranging hair;
(d)
Cleansing hair;
(e)
Curling hair;
(f)
Dressing hair;
(g)
Blow drying hair;
(h)
Singeing hair; and
(i)
Beautifying hair.
(3)
The practical portion of the blow drying examination shall consist of the candidate demonstrating and explaining:
(a)
Arranging hair;
(b)
Cleansing hair;
(c)
Curling hair;
(d)
Dressing hair;
(e)
Blow drying hair;
(f)
Singeing hair; and
(g)
Beautifying hair.
M.
Content of Hair Stylist Examination.
(1)
A hair stylist examination shall consist of a theoretical and a practical portion.
(2)
The Theoretical portion of the hair stylist examination shall consist of questions which embrace the subjects of the hair styling found in basic cosmetology textbooks, including, but not limited to, the following:
(a)
Sanitation and disinfection;
(b)
Chemical applications;
(c)
Hair cutting and styling techniques;
(d)
Diseases and disorders; and
(e)
Laws and regulations regarding the practice of hair styling.
(3)
The practical portion of the hair styling examination shall consist of the candidate demonstrating and explaining:
(a)
Wet set or thermal curl set;
(b)
Permanent cold wave;
(c)
Chemical relaxing;
(d)
Hair pressing;
(e)
Croquignole curl;
(f)
Bleach and tint;
(g)
Blended haircut;
(h)
Fingerwave;
(i)
Pincurls; and
(j)
Roller placement.
N.
Content of Eyelash Extension Examination.
(1)
An eyelash extension examination shall consist of a theoretical and a practical portion.
(2)
The theoretical portion of the eyelash extension examination shall consist of questions that relate to the subject of eyelash extensions, including, but not limited to, the following:
(a)
Sanitation and safety;
(b)
Lash extension types, adhesives, and tools;
(c)
Lash anatomy and growth cycles;
(d)
Contraindications and allergic reactions; and
(e)
Laws and regulations regarding the practice of cosmetology.
(3)
The practical portion of the eyelash extension examination shall consist of the candidate demonstrating and explaining:
(a)
Lash isolation;
(b)
Lash extension application;
(c)
Adhesive control;
(d)
Lash extension removal;
(e)
Client safety measures; and
(f)
Sanitation practices.

Regulation .14 Fees.Copy Citation

A.
Purpose. This regulation is intended to carry out the provisions of Business Occupations and Professions Article, Titles 4 and 5, and Business Regulation Article, §§2-106.13 and 2-106.14, Annotated Code of Maryland. In particular, it is intended to set various fees in order to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the State Board of Barbers and State Board of Cosmetologists.
B.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Terms Defined.
(a)
“Barbers Board” means the State Board of Barbers.
(b)
“Cosmetologists Board” means the State Board of Cosmetologists.
(c)
“License fee” means the fee paid by an applicant or licensee, as applicable, in connection with the issuance and renewal of a license and the issuance of a limited license and a reciprocal license.
(d)
“Salon owner permit fee” means the fee paid by an applicant or licensee, as applicable, in connection with the issuance and renewal of a salon permit.
(e)
“Secretary” means the Secretary of Labor.
C.
Examination Fees. An applicant for examination or reexamination shall pay an examination or reexamination fee directly to the testing service chosen by the Cosmetologists Board to develop or administer the examination.
D.
Average of Costs. In order to establish fees that more equitably distribute the costs associated with the operation of each board among similar boards, the Secretary may average the direct and indirect costs of the Barbers Board and the Cosmetologists Board, provided that the boards consent to having their direct and indirect costs averaged together.
E.
As provided for in Business Regulation Article, §§2-106.13 and 2-106.14, Annotated Code of Maryland, and this regulation, the Cosmetologist Board sets the following license and permit fees:
(1)
Salon owner — $56;
(2)
Senior cosmetologist — $28;
(3)
Cosmetologist — $28;
(4)
Blow dry — $28;
(5)
Esthetician — $28;
(6)
Nail technician — $28;
(7)
Hair stylist — $28;
(8)
Eyelash extension technician — $28;
(9)
Apprentice — $11;
(10)
Reinstatement:
(a)
If the license of a senior cosmetologist, cosmetologist, esthetician, or nail technician license has expired, a reinstatement fee of $28 shall be paid in addition to the renewal fee in this section; and
(b)
If the permit of a salon owner has expired, in addition to the renewal fee in this section:
(i)
A reinstatement fee of $56 shall be paid if not more than 45 days have passed since the expiration of the permit; and
(ii)
A pre-opening inspection fee of $169 shall be paid, and such an inspection shall be conducted, if more than 45 days have passed since the expiration of the permit; and
(11)
Pre-opening inspection — $169.
F.
A separate payment is required for each application.
G.
Payment in cash may not be accepted.
H.
All fees are nonrefundable.

Regulation .15 Renewals.Copy Citation

A.
A renewal application for each license, permit, or registration shall be mailed to each licensee, permit holder, or cosmetologist apprentice at the last known address.
B.
A licensee, permit holder, or cosmetologist apprentice shall submit each application and the required payment at least 14 days before the expiration date of the existing license.
C.
An application that is incomplete or is not accompanied by the appropriate fee shall be returned to the applicant.
D.
A registered cosmetologist apprentice is limited to two renewals.
E.
A limited practice apprentice registration is not renewable.
F.
Prior to the expiration of each 2-year term, a licensee shall provide proof of satisfactory completion of continuing education requirements.

Regulation .16 Compensation — Examiners and Inspectors.Copy Citation

A.
Examiners, appointed by the Board, shall be paid a per diem of at least $50 based on the State's budget.
B.
Inspectors, appointed by the Board, shall be paid a per diem of at least $50 based on the State's budget.
C.
All per diem employees are entitled to be reimbursed for traveling expenses in accordance with the State's policy.

Regulation .17 Citations to Licensees.Copy Citation

Unless otherwise indicated, the following civil penalties are applicable to the following violations of the laws and regulations of the Board of Cosmetologists discovered by a Board inspector during an inspection of a beauty salon:
A.
Working in a beauty salon for which a permit never has been issued or other unauthorized location — $300;
B.
Licensing:
(1)
Operating without a valid license — $300;
(2)
No photo on license — $100;
(3)
No valid government-issued photo identification — $100;
(4)
Services beyond scope — $300;
C.
Sanitation:
(1)
Improper disinfection:
(a)
Failure to wash implements before disinfection — $150;
(b)
Failure to properly disinfect implements, bowls, basins, other areas — $150;
(c)
Failure to properly store disinfected implements — $150;
(d)
Failure to keep clean disinfectant on esthetician tray or nail technician table — $150;
(2)
Improper procedures for cut or blood-related incidents — formal hearing;
(3)
Other:
(a)
Poor lighting, heating, or 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 salon (shop) 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 at station — $50;
(l)
No closed drawer or cabinet for disinfected implements at station — $100;
(m)
Use of neck duster, powder puff, sponge, septic pencil, or lump alum on more than one client — $100;
(n)
Improper application, removal, or discarding of lotions, oils, and other liquids — $100;
(o)
Improper application of creams — $100;
(p)
Improper maintenance of lotions, oils, and other liquids — $100;
(q)
Failure to properly cover head, foot rest, or manicuring cushion — $100;
(r)
Improper storage or disposal of towels — $50;
(s)
Improper sanitation of pressing combs or curling irons — $100;
(t)
Insufficient number of combs or brushes — $50;
(u)
Failure to use protective neck strip — $50;
(v)
Improperly washed or sanitized shampoo bowl — $50;
(w)
Improper cleansing or sanitation of retention rods — $100;
(x)
Failure to remove soiled items from top of work station after use — $50;
(y)
Placement of pins or clips in mouth — $50;
(z)
Use of implements dropped on floor without cleaning and disinfecting — $100;
(aa)
Failure to sharpen lip or eyebrow pencil after each use — $100;
(bb)
Failure to discard disposable implement or cosmetic after use — $100;
(cc)
Use of hair removal wax for more than one client — $300;
(dd)
Failure to launder nondisposable draping after each client — $50;
(ee)
Unsanitary manicuring or eyelash extension table or surrounding area — $100;
(ff)
Improper paraffin wax procedures — $100;
(gg)
Improper use of electric files, bits, or sanding bands — $100;
(hh)
Improper procedures when working on acrylic nails — $100;
(ii)
Improper procedures when performing eyelash extension services — $100;
(jj)
Failure to label eyelash adhesive with accurate date of opening or failure to discard eyelash adhesive container within 30 days of opening;
(kk)
Any other sanitation violation— $50;
D.
Unauthorized services:
(1)
Massage — $300;
(2)
Microdermabrasion — formal hearing;
(3)
Lasers — formal hearing;
(4)
Chemical peels that penetrate the skin beyond the epidermis — formal hearing;
(5)
Practice causing tissue destruction or penetration to the blood fluid barrier — formal hearing;
(6)
Credo blade — $300;
E.
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)
Use of electrical muscle stimulator devices — $300;
(6)
Cosmetic tattooing — formal hearing;
(7)
Presence of an animal other than a designated service animal — $100;
(8)
Sale of used hairpieces — $300;
(9)
Methyl methacrylate liquid monomer (MMA) — formal hearing;
F.
Interference with inspector — formal hearing.

Regulation .18 Failure to Respond.Copy Citation

A.
An applicant or licensee shall respond in writing to a written communication from the Board within 30 days of the date of mailing.
B.
The Board shall send a written communication by first-class mail to the last address furnished to the Board by an applicant or licensee.
C.
It is a responsibility of an applicant or licensee to notify the Board in writing if there has been a change in the applicant’s or licensee’s address.
D.
Failure to respond as required by this regulation may be considered by the Board to be a violation of Business Occupations and Professions Article, §5-314(a)(1)(viii), Annotated Code of Maryland.

Chapter 02. Beauty Salons

Regulation .01 Salon — General.Copy Citation

A.
Application for a salon permit shall be submitted to the Board together with certification of approval with respect to zoning, health, fire prevention, and all other laws, ordinances, and requirements applicable to the establishment.
B.
A person establishing a residential salon shall meet the following requirements in addition to the requirements set forth in §A of this regulation:
(1)
The salon shall be completely separate and distinct from all living quarters;
(2)
The salon shall be in compliance with all applicable laws, regulations, and ordinances;
(3)
The salon shall have a separate outside entrance for use of salon patrons; and
(4)
The salon shall have a restroom facility maintained for exclusive use by salon clients.
C.
More than one salon permit may not be issued for any one premises unless a separate and distinct salon entity is established on a different level of the one premises.
D.
Mobile Salons.
(1)
All mobile units shall prominently display the name of the non-mobile beauty salon that serves as the mobile unit’s permanent base address on the outside of the unit.
(2)
All health and safety rules governing cosmetology shall apply to mobile units unless otherwise specified.
(3)
All storage containers, cabinets, and drawers shall have safety catches.
(4)
All equipment not placed in storage cabinets or drawers shall be securely anchored.
(5)
A ramp or lift shall be provided for access to the mobile unit if providing services for disabled individuals.
(6)
Services may not be provided while the mobile unit is in motion.
(7)
The owners of mobile units shall be responsible for adherence to all local, State, and federal laws and regulations regarding the operation of vehicles to be used as mobile units.
(8)
An itinerary showing dates, locations, and times of service shall be made available, upon request, to an authorized representative of the board.
E.
Pre-opening Inspection.
(1)
Before a salon permit is issued, the premises shall be inspected by a Board member or inspector.
(2)
If the premises are not in compliance with the regulations and laws governing beauty culture, the Board may refuse to issue the permit.
F.
The Board may initiate a criminal prosecution of a person operating a beauty salon without a valid permit.

Regulation .02 Owner Responsibility.Copy Citation

The holder of either a full service salon permit or a limited practice salon permit is responsible for:
A.
The condition and operation of the salon in compliance with the laws and regulations governing the practice of beauty culture;
B.
Displaying a sign containing the name and nature of the establishment, in at least 3-inch bold display-type lettering, on the outside of the premises in full view of the street or public walkway unless otherwise directed by the Board;
C.
Displaying, in full view of the public:
(1)
The salon permit,
(2)
A zoning certification or other approval for the practice of beauty culture on the premises, and
(3)
A condensed version of the laws and regulations regarding the licensing and regulation of operators and salons, as provided by the Board;
D.
Ensuring that all employees of the salon are properly licensed or registered;
E.
Ensuring that an employee does not perform services beyond the scope of the applicable license or registration;
F.
Employing a sufficient number of licensed personnel who are qualified to supervise the training of apprentices to ensure that each apprentice being trained in the salon is individually supervised and trained.

Regulation .03 Prohibitions.Copy Citation

The following activities are prohibited in any full service or limited practice salon or in regard to any salon-sponsored services:
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 licensee or registrant 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, scalp, or nail where the skin, scalp, or nail 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 use of electrical muscle stimulator devices purported to produce nonsurgical face or body lifts;
F.
Cosmetic tattooing;
G.
The presence of a dog, cat, bird, or any kind of animal on the salon premises with the exception of a designated service animal;
H.
The sale of any hairpieces which previously have been worn including, but not limited to wigs, toupees, wiglets, falls, and switches;
I.
The use or possession of a Credo blade or a similar razor-type implement used to cut growths on the skin;
J.
Unless an individual possesses a valid and appropriate health occupation license issued by the Maryland Department of Health:
(1)
The use of lasers, microdermabrasion equipment, or any other mechanical device used to remove one or more layers of skin;
(2)
The use of any product or method that causes tissue destruction or penetrates the blood fluid barrier;
(3)
Chemical peels that penetrate the skin beyond the epidermis;
(4)
Mechanical tissue alteration, including, but not limited to:
(a)
Microdermabrasion; and
(b)
Electrotherapy;
(5)
Contouring or sculpting using cryotherapy, radio frequency, or liposuction;
(6)
Any procedure causing ablation of the dermis or hypodermis; and
(7)
Any form of skin injections.

Regulation .04 Sanitation Requirements — General.Copy Citation

A.
A full service beauty salon and a limited practice beauty salon shall comply with the sanitation provisions in §B of this regulation.
B.
Sanitation Provisions.
(1)
Every salon 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 salon shall be washed and kept clean.
(3)
All salons 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 salon may not be used for sleeping or living quarters.
(6)
All hair, nail service debris, 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 employees of a salon shall be attired in clean, washable garments.
(9)
The hands of a licensee or registrant shall be washed before attending each client.
(10)
Surgical latex gloves shall be worn if the licensee or registrant has a cut or open wound.
(11)
Implements used in direct contact with a client shall be washed in hot, soapy water before being immersed in a disinfectant solution as specified in §B(12) of this regulation.
(12)
Implements shall be disinfected in a wet sanitizer containing an EPA-registered disinfectant effective against HIV and hepatitis viruses, or a hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the implements that come in direct contact with a client.
(13)
For each work station being used by a licensee or registrant, a salon shall have:
(a)
At least one wet sanitizer containing a disinfectant solution as specified in §B(12) of this regulation; and
(b)
At least one closed, dry drawer or cabinet which contains no objects or substances other than those specified in §B(14) of this regulation.
(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, powder puffs, sponges, styptic pencil, and lump alum or any other equipment or implement which cannot be sanitized and disinfected may not be used on more than one client.
(16)
Lotions, oils, and any other type liquid shall be poured into a disinfected container or disinfected hand. Any excess remaining after application shall be discarded immediately and not returned to the original container or applied to another client.
(17)
Lotions, ointments, creams, and powders shall be kept in clean closed containers. All cosmetic containers shall be recovered.
(18)
Every head rest and foot rest shall be covered with a new clean towel or disposable paper for each client.
(19)
A salon 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 salon does its own laundering, the salon shall have both an automatic washer and dryer on the premises.
(20)
Creams shall be dipped from a container with a clean spatula, and this instrument may not come in contact with the patron. Creams may not be removed with the fingers.
(21)
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.
(22)
A licensee or registrant whose hands come in contact with blood shall wash and disinfect them immediately.
(23)
Pressing combs shall be kept clean and free of carbon, and a hot soda solution or similar cleansing agent shall be used for this purpose. Between clients, pressing combs shall be scrubbed with a stiff brush, rinsed, disinfected, and dried.
(24)
Curling irons shall be wiped with a clean cloth after use on each client. They shall be cleansed in a soap solution containing a portion of ammonia or similar cleansing agent and wiped dry each day to keep them clean and free from rust, grease, and dirt.
(25)
Hot combs and curling irons shall be used in a well ventilated area and wiped free of grease and hair with a paper towel or cloth prior to their placement in the heater.
(26)
A minimum of eight combs and four brushes shall be available for each senior cosmetologist, cosmetologist, and cosmetologist apprentice.
(27)
Protective neck strips or similar covering shall be used on each client.
(28)
Shampoo bowls shall be washed after each shampoo and sanitized frequently with a disinfectant to assure cleanliness.
(29)
Permanent waving retention rods shall be cleansed and sanitized after each use. End papers shall be discarded immediately after use.
(30)
Soiled combs, brushes, towels, or other used material shall be removed from the tops of work stations immediately after use.
(31)
Hair clips, hairpins, bobby pins, or similar implements may not be placed in the mouth.
(32)
Objects dropped on the floor may not be used until they are cleansed and disinfected.
(33)
Scissors, trimmers, clippers, and other implements which cannot be immersed in a disinfectant shall be cleaned and sprayed with an EPA-registered antimicrobial spray after each use.

Regulation .05 Sanitation Requirements — Estheticians.Copy Citation

A.
In addition to the sanitation requirements in Regulation .04 of this chapter, all establishments that offer the services normally performed by an esthetician shall comply with the sanitation requirements in §B of this regulation.
B.
Sanitation Requirements.
(1)
Creams, lotions, powders, and other cosmetics shall be removed from the patron by means of disposable absorbent cotton, cleansing tissue, cotton swab, pledget, or other similar material.
(2)
Lip and eyebrow pencils shall be sharpened after each use.
(3)
Lip color, eye color, shadows, or other cosmetics shall be removed from the container by a spatula and applied to the client with a disposable or cleansed and sanitized applicator.
(4)
Disposable lip, makeup, eyelash, or other cosmetic applicator shall be discarded immediately after use.
(5)
Hair removal waxes may not be used for more than one client. Any excess wax left after client service shall be discarded immediately.
(6)
Extraction lancets shall be cleaned and disinfected immediately after each use.
(7)
An EPA-registered disinfectant effective against HIV and hepatitis viruses or a hospital-grade tuberculocidal disinfectant shall be:
(a)
Kept on the esthetician tray for contact disinfection of implements that may come in contact with blood; and
(b)
Changed after each use.
(8)
Nondisposable drapings shall be laundered after each client.
(9)
Microneedling.
(a)
New needles must be used for each client.
(b)
Needles must be discarded into a sharps container.
(c)
Reusable equipment must be cleaned and disinfected after each client.

Regulation .06 Sanitation Requirements — Nail Technician Services.Copy Citation

A.
In addition to the sanitation requirements in Regulation .04 of this chapter, all establishments offering the services normally performed by a nail technician shall comply with the requirements in §B of this regulation.
B.
Sanitation Requirements.
(1)
Finger bowls, manicure bowls, pedicure spas, and foot bath basins shall be disinfected after each client with:
(a)
An EPA-registered disinfectant effective against HIV and hepatitis viruses; or
(b)
A hospital-grade tuberculocidal disinfectant.
(2)
Oils used in a nail technology procedure shall be dropped onto a properly disinfected hand with a glass or plastic dropper, and any excess remaining after application shall be immediately discarded.
(3)
The manicure table and surrounding areas shall be maintained in a sanitary condition at all times.
(4)
Table tops, armrests, footrests, and any other surface that the client has physical contact with shall be disinfected after each client with:
(a)
An EPA-registered disinfectant effective against HIV and hepatitis viruses; or
(b)
A hospital-grade tuberculocidal disinfectant.
(5)
A clean towel or disposable paper cover shall be placed over the manicure cushion and footrest and changed before each client.
(6)
An emery board or disposable file shall be discarded after its use on a client.
(7)
Except as provided in Regulation .04B(33) of this chapter, all implements used by a nail technician shall be cleansed in hot, soapy water and then immersed in a disinfecting solution as specified in Regulation .04B(12) of this chapter before reuse.
(8)
An EPA-registered disinfectant effective against HIV and hepatitis viruses or a hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the implements that come in direct contact with the client shall be:
(a)
Kept on the licensee's or registrant's table for contact disinfection of implements that may come in contact with blood; and
(b)
Changed immediately upon becoming dirty, cloudy, or contaminated with blood.
(9)
A complete set of manicuring implements shall be:
(a)
Properly cleansed and disinfected, as specified in Regulation .04B(12) of this chapter, after use on a client; and
(b)
Stored in an air-tight container or a wet sanitizer containing a disinfectant as specified in Regulation .04B(12) of this chapter.
(10)
A sanitizable or washable file shall be properly disinfected, as specified in Regulation .04B(12) of this chapter, after each use.
(11)
When paraffin wax is used:
(a)
A client shall be free of broken skin or any skin disorder;
(b)
Hands or feet of a client shall be properly disinfected before being dipped into paraffin wax;
(c)
Hands or feet shall be covered with disposable plastic coverings after being dipped into the wax and before covering with cloth mitts, boots, or towels;
(d)
Cloth mitts or towels used in paraffin wax services shall be kept in a closed container;
(e)
Paraffin wax that has been removed from a client's hands or feet shall be discarded after each use; and
(f)
Paraffin wax shall be kept free of any debris and in a sanitary manner at all times.
(12)
Sanding bands used on electric file mandrels are for single use purposes and shall be disposed of after each use.
(13)
Electric Files.
(a)
Only electric files specifically manufactured for use in the nail technology industry shall be used during the performance of nail technology services.
(b)
Modified craft and hobby drills may not be used during the performance of nail technology services.
(14)
Metal bits for electric files shall be properly disinfected after each client with an approved disinfectant as specified in Regulation .04B(12) of this chapter.
(15)
Only bits specifically manufactured for use on the nail plate itself shall be used on the natural nail.
(16)
Metal bits and sanding bands shall be used only on the surface of artificial nail enhancement products.
(17)
During acrylic nail services, both the technician and client shall wear protective eye glasses or goggles when acrylic is being clipped, filed, or shaped.
(18)
Artificial nail products:
(a)
Shall be removed by using a solvent; and
(b)
May not be pulled off the nail plate by the nail technician.

Regulation .07 Sanitation Requirements—Eyelash Extensions.Copy Citation

A.
In addition to the sanitation requirements in Regulation .04 of this chapter, all establishments offering the services normally performed by eyelash extension technicians shall comply with the requirements of this regulation.
B.
Sanitation Requirements.
(1)
If linens are used, clean linens must be used for each client.
(2)
Hands must be washed immediately before and after serving each client.
(3)
Chairs and beds, including headrests, must be cleaned and disinfected after providing services to each client. Chairs and beds must be made of or covered in a non-porous material that can be disinfected.
(4)
Adhesive palettes must be disposed of after each use.
(5)
When a container of adhesive used for eyelash extensions is first opened, it must be labeled with the date of opening, and such containers must be disposed of within 30 days of opening.
(6)
Premade fans must not be reused.
(7)
Disposable tools must not be reused.
(8)
Gel pads and tape used to secure lower lashes must be disposed of after each use.
(9)
Tape used must be medical grade.

Regulation .08 Citations to Beauty Salons.Copy Citation

Unless otherwise indicated, the following civil penalties are applicable to the following violations of the laws and regulations of the Board of Cosmetologists discovered by a Board inspector during an inspection of a beauty salon:
A.
Operating a beauty salon for which a permit:
(1)
Never has been issued — formal hearing;
(2)
Expired — $300;
B.
Licensing of personnel:
(1)
Operating without a valid license — formal hearing;
(2)
Services beyond scope — $300;
(3)
Improper supervision of apprentice — $300;
(4)
No valid government-issued photo identification — $100;
C.
Failure to display:
(1)
Sign — $25;
(2)
Permit — $50;
(3)
Condensed rules and regulations — $100;
(4)
Zoning certificate — $50;
D.
Sanitation, unauthorized services, prohibited practices, and interference with inspector. The civil penalties applicable to licensees under COMAR 09.22.01.17C-F apply to beauty salons.

Chapter 03. Schools

Regulation .01 Public and Private Beauty Schools—General.Copy Citation

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

Regulation .02 Prohibitions — Schools.Copy Citation

The following activities are prohibited in a beauty 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, scalp, or nail where the skin, scalp, or nail 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 use of electrical muscle stimulator devices purported to produce nonsurgical face or body lifts;
F.
Cosmetic tatooing;
G.
The presence of a dog, cat, bird, or any kind of animal on the school premises with the exception of a designated service animal;
H.
The sale of any hairpieces which previously have been worn including, but not limited to, wigs, toupees, wiglets, falls, and switches;
I.
The use or possession of a Credo blade or a similar razor-type implement used to cut growths on the skin;
J.
The use or possession of lasers, microdermabrasion equipment, or any other mechanical device used to remove one or more layers of skin; and
K.
The use of any product or method that causes tissue destruction or penetrates the blood fluid barrier, including:
(1)
Chemical peels; and
(2)
Glycolic acids.

Regulation .03 Sanitation Requirements—General.Copy Citation

A.
A cosmetology 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.
Sanitary 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, nail service debris, 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 client.
(10)
Surgical latex gloves shall be worn if a student has a cut or open wound.
(11)
Implements used in direct contact with a client shall be washed in hot, soapy water before being immersed in a disinfectant solution as specified in §B(12) of this regulation.
(12)
Implements shall be disinfected in a wet sanitizer containing an EPA-registered disinfectant effective against HIV and hepatitis viruses, or a hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the implements that come in direct contact with a client.
(13)
For each work station being used by a student, a school shall have:
(a)
At least one wet sanitizer containing a disinfectant solution as specified in §B(12) of this regulation; and
(b)
At least one closed, dry drawer or cabinet which contains no other objects or substances.
(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, powder puffs, sponges, styptic pencil, and lump alum or any other equipment or implement which cannot be sanitized and disinfected may not be used on more than one client.
(16)
Lotions, oils, and any other type liquid shall be poured into a disinfected container or disinfected hand. Any excess remaining after application shall be discarded immediately and not returned to the original container or applied to another client.
(17)
Lotions, ointments, creams, and powders shall be kept in clean closed containers. All cosmetic containers shall be recovered.
(18)
Every head rest and foot rest shall be covered with a new clean towel or disposable paper for each client.
(19)
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.
(20)
Creams shall be dipped from a container with a clean spatula, and this instrument may not come in contact with the patron. Creams may not be removed with the fingers.
(21)
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.
(22)
A student whose hands come in contact with blood shall wash and disinfect them immediately.
(23)
Pressing combs shall be kept clean and free of carbon, and a hot soda solution or similar cleansing agent shall be used for this purpose. Between clients, pressing combs shall be scrubbed with a stiff brush, rinsed, disinfected, and dried.
(24)
Curling irons shall be wiped with a clean cloth after use on each client. They shall be cleansed in a soap solution containing a portion of ammonia or similar cleansing agent and wiped dry each day to keep them clean and free from rust, grease, and dirt.
(25)
Hot combs and curling irons shall be used in a well ventilated area and wiped free of grease and hair with a paper towel or cloth before their placement in the heater.
(26)
A minimum of eight combs and four brushes shall be available for each student.
(27)
Protective neck strips or similar covering shall be used on each client.
(28)
Shampoo bowls shall be washed after each shampoo and sanitized frequently with a disinfectant to assure cleanliness.
(29)
Permanent waving retention rods shall be cleansed and sanitized after each use. End papers shall be discarded immediately after use.
(30)
Soiled combs, brushes, towels, or other used material shall be removed from the tops of work stations immediately after use.
(31)
Hair clips, hairpins, bobby pins, or similar implements may not be placed in the mouth.
(32)
Objects dropped on the floor may not be used until they are cleansed and disinfected.
(33)
Scissors, trimmers, clippers, and other implements which cannot be immersed in a disinfectant shall be cleaned and sprayed with an EPA-registered antimicrobial spray after each use.

Regulation .04 Sanitation Requirements—Estheticians.Copy Citation

A.
In addition to the sanitation requirements in Regulation .03 of this chapter, a cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission that offers cosmetology services normally performed by an esthetician shall comply with the sanitation requirements in §B of this regulation.
B.
Sanitation Requirements.
(1)
Creams, lotions, powders, and other cosmetics shall be removed from the patron by means of disposable absorbent cotton, cleansing tissue, cotton swab, pledget, or other similar material.
(2)
Lip and eyebrow pencils shall be sharpened after each use.
(3)
Lip color, eye color, shadows, or other cosmetics shall be removed from the container by a spatula and applied to the client with a disposable or cleansed and sanitized applicator.
(4)
Disposable lip, makeup, eyelash, or other cosmetic applicator shall be discarded immediately after use.
(5)
Hair removal waxes may not be used for more than one client. Any excess wax left after client service shall be discarded immediately.
(6)
Blood lancets shall be wrapped and discarded immediately after use.
(7)
An EPA-registered disinfectant effective against HIV and hepatitis viruses or a hospital-grade tuberculocidal disinfectant shall be:
(a)
Kept on the esthetician tray for contact disinfection of implements that may come in contact with blood; and
(b)
Changed every 1 to 2 hours, or immediately upon becoming dirty, cloudy, or contaminated with blood.
(8)
Nondisposable drapings shall be laundered after each client.

Regulation .05 Sanitation Requirements—Nail Technician Services.Copy Citation

A.
In addition to the sanitation requirements in Regulation .03 of this chapter, a cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission that offers cosmetology services normally performed by a nail technician shall comply with the requirements of §B of this regulation.
B.
Sanitation Requirements.
(1)
Finger bowls, manicure bowls, pedicure spas, and foot bath basins shall be disinfected after each client with:
(a)
An EPA-registered disinfectant effective against HIV and hepatitis viruses; or
(b)
A hospital-grade tuberculocidal disinfectant.
(2)
Oils used in a nail technology procedure shall be dropped onto a properly disinfected hand with a glass or plastic dropper, and any excess remaining after application shall be immediately discarded.
(3)
The manicure table and surrounding areas shall be maintained in a sanitary condition at all times.
(4)
Table tops, armrests, footrests, and any other surface that the client has physical contact with shall be disinfected after each client with:
(a)
An EPA-registered disinfectant effective against HIV and hepatitis viruses; or
(b)
A hospital-grade tuberculocidal disinfectant.
(5)
A clean towel or disposable paper cover shall be placed over the manicure cushion and footrest, and changed before each client.
(6)
An emery board or disposable file shall be discarded after its use on a client.
(7)
Except as provided in Regulation .03B(33) of this chapter, all implements used by a nail technician student shall be cleansed in hot, soapy water and then immersed in a disinfecting solution as specified in Regulation .03B(12) of this chapter before reuse.
(8)
An EPA-registered disinfectant effective against HIV and hepatitis viruses or a hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the implements that come in direct contact with the client shall be:
(a)
Kept on the student's table for contact disinfection of implements that may come in contact with blood; and
(b)
Changed immediately upon becoming dirty, cloudy, or contaminated with blood.
(9)
A complete set of manicuring implements shall be:
(a)
Properly cleansed and disinfected, as specified in Regulation .03B(12) of this chapter, after use on a client; and
(b)
Stored in an air-tight container or a wet sanitizer containing a disinfectant as specified in Regulation .03B(12) of this chapter.
(10)
A sanitizable or washable file shall be properly disinfected, as specified in Regulation .03B(12) of this chapter, after each use.
(11)
When paraffin wax is used:
(a)
The client shall be free of broken skin or any skin disorder;
(b)
The hands or feet of the client shall be properly disinfected before being dipped into paraffin wax;
(c)
Hands or feet shall be covered with disposable plastic coverings after being dipped into the wax and before covering with cloth mitts, boots, or towels;
(d)
Cloth mitts or towels used in paraffin wax services shall be kept in a closed container;
(e)
Paraffin wax that has been removed from the client's hands or feet shall be discarded after each use; and
(f)
Paraffin wax shall be kept free of any debris and in a sanitary manner at all times.
(12)
Sanding bands used on electric file mandrels are for single use purposes and shall be disposed of after each use.
(13)
Electric Files.
(a)
Only electric files specifically manufactured for use in the nail technology industry shall be used during the performance of nail technology services.
(b)
Modified craft and hobby drills may not be used during the performance of nail technology services.
(14)
Metal bits for electric files shall be properly disinfected after each client with an approved disinfectant as specified in Regulation .03B(12) of this chapter.
(15)
Only bits which are specifically manufactured for use on the nail plate itself shall be used on the natural nail.
(16)
Metal bits and sanding bands shall be used only on the surface of artificial nail enhancement products.
(17)
During acrylic nail services, both the technician and client shall wear protective eye glasses or goggles when acrylic is being clipped, filed, or shaped.
(18)
Artificial nail products:
(a)
Shall be removed by using a solvent; and
(b)
May not be pulled off the nail plate by the nail technician student.

Regulation .06 Sanitation Requirements-Eyelash Extensions.Copy Citation

In addition to the sanitation requirements in Regulation .03 of this chapter, a cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission that offers cosmetology services normally performed by an eyelash extension technician shall comply with the requirements of COMAR 09.22.02.07B.

Regulation .07 Complaints and Violations in Beauty Schools.Copy Citation

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 cosmetology school or the sanitary practice of cosmetology performed at a cosmetology school.
B.
Upon receipt of a complaint, in compliance with Business Occupations and Professions Article, §5-509, 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 Department of Education in regard to a public school or to the Maryland Higher Education Commission in regard to a private career school.

Regulation .08 Citations to Schools.Copy Citation

Unless otherwise indicated, the civil penalties applicable to licensees under COMAR 09.22.01.17C—F apply to schools.

Chapter 04. Continuing Education

Regulation .01 Purpose.Copy Citation

The State legislature has determined that it is in the best interest of the public to require licensed cosmetologists to comply with the continuing professional competency requirements as a prerequisite for the renewal of a license.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Approved continuing education course” means a course approved by the Maryland Board of Cosmetologists.
(2)
“Board” means the Maryland Board of Cosmetologists.
(3)
“Classroom instruction” means the art or science of teaching in a space:
(a)
That is exclusively used for teaching during periods of instruction;
(b)
That is conducive to learning; and
(c)
Where an assigned instructor is present.
(4)
Contact Hour
(a)
“Contact hour” means a period of 60 minutes in which actual learning takes place.
(b)
“Contact hour” does not include
(i)
A portion of the program devoted to registration, breaks, or meals; or
(ii)
Fractions of an hour.
(5)
“Continuing education course” means the basic measurement for a licensee’s direct participation in continuing education, consisting of 6 contact hours.
(6)
“Continuing education course related to cosmetology” means a course that covers one or more of the following topics:
(a)
Board Laws and Regulations (1 to 2 hours);
(b)
Elective topics (1 to 4 hours);
(c)
Health (1 to 2 hours);
(d)
Safety (1 to 2 hours); or
(e)
Welfare (1 to 2 hours).
(7)
“Course” means classroom or distance learning instruction of 1 clock hour, but not more than 6 clock hours.
(8)
“Course provider” means someone who is qualified to conduct continuing education courses in accordance with Business Occupations and Professional Article, §5-205(c)(2), Annotated Code of Maryland.
(9)
Distance Learning Instruction.
(a)
“Distance learning instruction” means the art or science of teaching where:
(i)
The instructor and student may be separated by distance and time;
(ii)
Equipment may be needed to communicate the content; or
(iii)
The content is specifically developed for this form of instruction.
(b)
“Distance learning instruction” includes any other delivery system approved by the Board.
(10)
“Instructor” means an individual engaged by a course provider to teach a continuing education course.
(11)
“License” means, unless the context requires otherwise, a license issued by the Board.
(12)
“Licensee” means an individual awarded a license by the Board.

Regulation .03 Requirements.Copy Citation

A.
Licensee Requirements.
(1)
A licensee shall complete, as a condition for a license renewal, a minimum 6 credit hours of approved continuing education.
(2)
A licensee shall provide proof of completion of continuing education courses by uploading the documentation to the Board’s website as provided by the Department.
B.
Course Provider Requirements.
(1)
A course provider shall get approval from the Maryland Board of Cosmetologists’ designee or Education Coordinator.
(2)
The course provider shall submit grades for continuing education courses by uploading the documentation to the Board’s website as provided by the Department.

Regulation .04 Course Provider Fees.Copy Citation

Fees charged by the Board are as follows:
A.
Course providers shall pay a nonrefundable fee for each continuing education provider application.
B.
Providers shall pay a nonrefundable fee for each continuing education course approval application.

Regulation .05 Course Content.Copy Citation

A.
The Board may approve continuing education courses that include, but are not limited to, the following topics:
(1)
Business;
(2)
Communicable and infectious disease control;
(3)
The practice of cosmetology, esthetics, eyelash extension techniques, and nail techniques;
(4)
Ethics and standards of professional practice;
(5)
Occupational health and safety;
(6)
Product knowledge;
(7)
Sanitation; and
(8)
State of Maryland laws and regulations.
B.
The subject matter of the course shall meet the following requirements:
(1)
Address the protection of health and safety of the general public;
(2)
Enable the licensee to serve the objectives of the consumer in a cosmetology transaction; or
(3)
Enable the licensee to develop competency and professionalism in a changing marketplace.
C.
The course shall meet the following criteria:
(1)
Cover the topic area cited in the applications;
(2)
Have an outline detailing the sequence of topics and the amount of time allotted to each topic;
(3)
Content may not be materially changed without prior written approval of the Board; and
(4)
Consist of at least 1 clock hour.

Regulation .06 Facilities.Copy Citation

Each classroom in which courses are given shall:
A.
Meet all fire, safety, zoning, and Americans with Disabilities Act (ADA) requirements;
B.
Be of sufficient size to comfortably accommodate all enrolled students;
C.
Provide an appropriate learning environment; and
D.
Be free of distractions that would disrupt class sessions.

Regulation .07 Conduct of Courses.Copy Citation

A.
Scheduling.
(1)
The maximum permissible class session without a break is 90 minutes.
(2)
A course scheduled for more than 4 hours in a single day shall include a meal break of at least 30 minutes, but not more than 90 minutes.
(3)
A course shall begin promptly at the scheduled time.
B.
Records.
(1)
The course provider shall require each licensee to show photo identification in order to be admitted to a class for which the licensee has enrolled.
(2)
The course provider shall maintain a sign-in sheet containing:
(a)
The printed names and the signatures of all enrolled licensees on their arrival; and
(b)
Notation by the instructor or monitor of the beginning and end times of any absences of the licensee from the class during the instructional period.
(3)
The course provider shall give each student at check-in a copy of the continuing education student information sheet furnished to the provider by the Board unless the sheet has previously been made available to students electronically.
C.
Monitors.
(1)
A monitor is not required if the class consists of 25 or fewer pre-registered students.
(2)
Monitors are required under the following conditions:
(a)
26 to 50 preregistered students — 1 monitor;
(b)
51 to 100 preregistered students — 2 monitors; and
(c)
More than 100 preregistered students — 1 additional monitor for each additional 100 students.
D.
The instructor shall teach the course in substantially the same manner as that set forth in the outline submitted to the Board.

Regulation .08 Distance Learning.Copy Citation

A.
The course provider of a distance learning course shall obtain approval of the technical aspects of a course from an entity recognized by the Board in the field of technical expertise before submitting the course to the Board for review of its substance and subject matter.
B.
Technical staff:
(1)
The course provider’s technical staff may answer student questions about technical support and delivery method;
(2)
The course provider’s technical staff may not answer questions about content; and
(3)
The assigned instructor shall respond to questions from students about course content within 2 business days.
C.
The course provider shall be responsible for establishing guidelines for the completion of a distance learning course and any specific components of the course.
D.
A distance learning instruction course shall include the following requirements:
(1)
The student shall complete the instructional module or modules and receive a passing grade on a final examination administered and graded by the approved provider;
(2)
The passing grade shall be 75 percent or higher; and
(3)
If a student fails initially to achieve a passing score on a final exam, the student shall successfully pass the examination within the period set by the course provider in order to use the course for credit toward the continuing education requirement.
E.
Student Affirmation.
(1)
The course provider shall be responsible for obtaining from each student who has completed a distance learning course an affirmation that states, “I (name of student) affirm that I have personally completed every requirement of the course and that I have not provided any aspect of the course to others.”
(2)
The course provider may obtain the affirmation described in §E(1) of this regulation by electronic means.

Regulation .09 Audit.Copy Citation

A.
The Board shall conduct random audits of licensees in conjunction with license renewal requirements.
B.
The Board shall send an audit letter at the close of the renewal period to licensees subject to audit.

Regulation .10 Penalties.Copy Citation

A licensee who submits false continuing education documentation at the time of license renewal shall be subject to any and all available disciplinary action available pursuant to Business Occupations and Professional Article, §5-314, Annotated Code of Maryland