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ORR # 2003--027
DEPARTMENT OF LABOR AND ECONOMIC GROWTH DIRECTORS OFFICE
COSMETOLOGY
Filed with the Secretary of State
These rules take effect 7 days after filing with the Secretary of State
(By authority conferred on the department of consumer and industry services by sections 308 and 721 of 1980 PA 299, MCL 339.308 and 339.721, and Executive Reorganization Order No.1996-2, MCL
445.2001, and Order No. 2003-0018, MCL 445.2011)
R 338.2101, R 338.2139, R 338.2141, R 338.2151, R 338.2163a, R 338.2163c, R 338.2179e, and R
338.2179g of the Michigan Administrative Code are amended, and R 338.2161a, R 338.2161b, and R 338.2162a are added to the Code.
R 338.2101 Definitions.
Rule 1. As used in these rules:
(a) “act” means 1980 PA 299,
Act No. 299 of the Public Acts of 1980, as amended, beingMCL339.101.et seq. of the Michigan Compiled Laws.(b) "Apprenticeship practitioner" means a licensee who is approved by the department and who is engaged in training an apprentice within an establishment.
(c) "Dry sanitizer" means a closed cabinet or container that holds a fumigant chemical sanitizing agent.
(d) "Establishment" means a facility, other than a school, where cosmetology or electrology services are rendered to the public.
(e) "Junior student or apprentice" means a person who has not qualified to work on the general public.
(f) "Minimum practical application" means a service performed on a mannequin, student, or patron.
(g) "Reactive chemicals" means, but is not limited to, any of the following:
(i) Permanent wave solutions.
(ii) Relaxers.
(iii) Temporary, semipermanent, or permanent hair colorings.
(iv) Hair lighteners.
(v) Acids.
(vi) Bases.
(vii) Creams.
(viii) Fluids.
(ix) Any other preparation designed to modify or rearrange the structure of the hair, skin, or nails.
(h) "School" means a school of cosmetology as defined in section 1201(p) of the act.
(i) "Senior student or apprentice" means a person who has qualified to work on the general public.
(j) "Specialist demonstrator" means a person imparting specialized knowledge to students under the supervision of a licensed instructor within a school of cosmetology or electrology.
(k) “Wet sanitizer” means a container that holds a liquid chemical sanitizing agent.
(l) Terms defined in articles 1 to 6 and 12 of the act have the same meanings when used in these rules, except that "Department" means the department of labor and economic growth.
R 338.2139 Board examination.
Rule 39. (1) To be eligible to take the state board examination, a student or apprentice shall satisfactorily complete the course of study and shall pass a final examination on each subject with a score of not less than 75%.
(2) A school or apprenticeship practitioner shall provide certification, to the department or its designees, that the student or apprentice has completed all requirements before the student or apprentice applies for the state board examination.
(3) An applicant for a cosmetology, electrology, limited, or specialty instructor license may be granted a partial waiver of the instructor examination if the applicant currently possesses a different cosmetology, electrology, limited, or specialty instructor license. The applicant shall complete the practical portion of the instructor examination in the area of the new instructor license for which he or she applies.
(4) A passing score on an examination, or on a portion of an examination if the examination is given in separate parts, shall be valid for 1 year from the date the examination or portion of the examination was passed, except as provided in subrule (3) of this rule.
R 338.2141 Student supervision.
Rule 41. (1) A student shall be supervised by a licensed instructor for all credited time and services.
(2) At least 1 instructor shall be present in the junior student work area and at least 1 instructor shall be present in the senior student area to supervise all practical student work.
(3) Limited specialist instructors shall not supervise the training of students in any curriculum other than the instructor's specialty.
R 338.2151 Application for apprenticeship.
Rule 51. (1) A licensee who has had not less than 3 years of experience as a licensed cosmetologist, electrologist, natural hair culturist, esthetician, or manicurist may submit an application to the department to train an apprentice.
(2) The application shall include the following information:
(a) A floor plan of the establishment.
(b) A list of equipment to be used in training the apprentice.
(c) A list of the books that will be used to teach theory.
(d)
A corporate surety or cash bond in the amount of $1,000.00. The surety bond shall be conditionedupon the faithful performance and satisfaction of the contractual rights of apprentices and is subject todepartment approval.(e) (d) A copy of the licensee=s contract with the apprentice showing the curriculum to be taught and the minimum number of hours per month that the apprentice must attend. The contract shall include written agreements to do all of the following:
(i) Personally train the apprentice.
(ii) Give and correct examinations.
(iii) Render a grade in each subject of the curriculum.
(iv) Submit the apprentice=s hours to the department monthly.
(3) An apprentice shall not practice on the public before meeting the requirements of section 1205(5)(c) of the act. An apprentice practicing outside an approved apprenticeship establishment may be ineligible to take the state board examination.
(4) An apprentice shall be in training throughout the period of the program and shall have received an average of not less than 80 hours of instruction per month.
(5) An apprentice=s registration permit shall be conspicuously displayed in the establishment.
(6) The apprenticeship practitioner shall provide certification to the department or the department=s designee that the apprentice has completed all requirements before applying for the state board examination.
PART 6. CURRICULUM
R 338.2161a Crossover hours; manicuring.
Rule 61a. A student, before enrolling in a cosmetology curriculum in a licensed school of cosmetology, may be granted a maximum of 70 hours toward completion of the curriculum if the student provides proof to the school of successful completion of a curriculum in manicuring in a licensed school of cosmetology within the previous 3 years. A student, before enrolling in a cosmetology apprenticeship program, may be granted a maximum of 70 hours toward completion of the curriculum if the student provides proof to the practitioner of successful completion of an apprenticeship program approved by the department in manicuring within the previous 3 years.
R338.2161b Crossover hours; esthetics.
Rule 61b. A student, before enrolling in a cosmetology curriculum in a licensed school of cosmetology, may be granted a maximum of 115 hours toward completion of the curriculum if the student provides proof to the school of successful completion of a curriculum in esthetics in a licensed school of cosmetology within the previous 3 years. A student, before enrolling in a cosmetology apprenticeship program, may be granted a maximum of 115 hours toward completion of the curriculum if the student provides proof to the practitioner of successful completion of an apprenticeship program approved by the department in esthetics within the previous 3 years.
R 338.2162a Crossover hours.
Rule 62a. A student, before enrolling in a manicuring curriculum in a licensed school of cosmetology, may be granted a maximum of 70 hours toward completion of the curriculum if the student provides proof to the school of successful completion of a curriculum in cosmetology at a licensed school of cosmetology within the previous 3 years. A student, before enrolling in a manicuring apprenticeship program, may be granted a maximum of 70 hours toward completion of the curriculum if the student provides proof to the practitioner of successful completion of an apprenticeship program approved by the department in cosmetology within the previous 3 years.
R 338.2163a Esthetics curriculum.
Rule 63a. (1) A school or apprenticeship practitioner shall provide instruction in skin care service pursuant to the following table:
TABLE 4
Subject
Theor y Hours
Practic al Hours
Unassig ned Hours
Total Hours
Minimum Practical Applications
Sanitation/patron protection
90
Laws and rules Personal hygiene Salon management
25
25
0
50
(sanitation and patron protection shall be included in all services)
Mechanical and electrical equipment safety
25
25
0
50
15
Anatomy and disorders
40
0
0
40
0
Artistic principles/makeup
20
20
0
40
0
Facial/skin care techniques
20
125
0
145
50
Chemistry/occupational safety and health administration
15
0
0
15
0
Temporary removal of hair
5
5
0
10
5
Unassigned hours
0
0
50
50
0
Totals
150
200
50
400
160
(2) A student, before enrolling in an esthetics curriculum in a licensed school of cosmetology, may be granted a maximum of 115 hours toward completion of the curriculum if the student provides proof to the school of successful completion of a curriculum in cosmetology at a licensed school of cosmetology within the previous 3 years. A student before enrolling in an esthetics apprenticeship program, may be granted a maximum of 115 hours toward completion of the curriculum if the student provides proof to the practitioner of successful completion of an apprenticeship program approved by the department in cosmetology within the previous 3 years.
338.2163c. Cosmetology instructor curriculum.
Rule 63c. (1) In training a cosmetology instructor, a school shall give instruction pursuant to the following table:
TABLE 6
Subject
Theory Hours
Practic al Hours
Total hours
Minimum practical applications
Orientation and review of the cosmetology curriculum
25
50
75
20
Introduction to teaching
30
0
30
0
Course outlining and development
Lesson planning Teaching techniques
80
85
165
20
(a minimum of 5 services in each category)
Teaching aids
Developing, administering, and grading examinations
category)
Laws and rules Record keeping School administration
15
10
25
70
Teaching
Assisting in the clinic and theory classrooms
Practice teaching in the clinic and theory classrooms
0
0
75
130
75
130
15
25
Totals
150
350
500
150
(2) A student, before enrolling in a cosmetology instructor curriculum, may be granted a maximum of 300 hours toward completion of the curriculum if the student provides proof to the school of both of the following;
(a) Successful completion of a curriculum in any limited specialist instructor curriculum.
(b) Possession of a current limited specialist instructor license.
R 338.2179e Blood spill procedures.
Rule 79e. (1) A licensee or owner shall comply with all of the following provisions if a blood spill occurs:
(a) Temporarily suspend the service being performed.
(b) Provide the bleeding person with adequate first aid supplies so that the bleeding person can stop the bleeding and cover the wound.
(c) Sterilize any equipment, tool, or implement that comes into contact with blood.
(d) Immediately discard porous materials, including abrasive boards/blocks/buffers, orangewood sticks, and pumice stones, if involved in a blood spill.
(e) Immediately clean floors and other durable surfaces soiled with blood with a sodium hypochlorite solution such as household bleach or other approved hospital grade disinfectant.
(f) Dispose of blood spill waste in clearly labeled containers or bags.
(2) A licensee shall not perform services until all bleeding has ceased and the wound has been covered. A licensee shall keep an open sore, cut, burn, or other wound covered when services are being performed.
R 338.2179g Student, apprentice, and licensee; prohibitions.
Rule 79g. (1) A student, apprentice, or licensee shall not do any of the following, and a licensee shall not allow another to do any of the following:
(a) Use or possess methyl methacrylate monomers.
(b) Abrade, roughen, buff, or file the nail plate to the extent that the nail bed is exposed or that deeply filed trenches or ridges in the nail plate are created.
(c) Use a nail white pencil.
(d) Use lump alum or a styptic pencil to stop bleeding.
(e) Carry any equipment, tools, implements, or supplies in the pocket of a uniform.
(f) Use the same powder puffs, makeup brushes, or cosmetic pencils on more than 1 patron.
(g) Use an ultraviolet ray electrical sanitizer, unless the items placed in the sanitizer have been sanitized according to the rules promulgated by the department.
(h) Use or possess a blade in the practice of manicuring or pedicuring.
(i) Provide services that require a license without posting a current, unexpired, and valid license or permit for that person in the establishment where cosmetology services are being rendered.
(j) Fail to provide proof of identity with a picture I.D. or alternative acceptable to the department at the time of an inspection, if requested by a department representative performing an inspection of the licensed establishment.
(2) An
aesthetician shall not use razors, scissors, or clippers on the face or head of a patron.(3) A natural hair cultivation student, apprentice, or practitioner shall not use reactive chemicals or perform any service included in the practice of cosmetology as defined in section 1201 of the act.
