Arizona Secretary of State - Ken Bennett


 
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TITLE 4. PROFESSIONS AND OCCUPATIONS

CHAPTER 10. BOARD OF COSMETOLOGY


Supp. 08-2

(Authority: A.R.S. § 32-501 et seq.)

ARTICLE 1. GENERAL PROVISIONS

Article 1, consisting of Sections R4-10-01 thru R4-10-19, repealed; Section R4-10-27 renumbered to R4-10-105; and Sections R4-10-101 thru R2-10-112 adopted effective April 9, 1996 (Supp. 96-2).

Section

R4-10-101. Definitions

R4-10-102. Fees

R4-10-103. Payment of Fees

R4-10-104. Application for License by Examination

R4-10-105. Application for License by Reciprocity

R4-10-106. Licensing Time-frames

R4-10-107. License Renewal

R4-10-108. Licensing Examinations

R4-10-109. Repealed

R4-10-110. Reactivating an Inactive License

R4-10-111. Display of Licenses and Signs

R4-10-112. Infection Control and Safety Standards

R4-10-113. Establishment Management

R4-10-114. Disciplinary Action

R4-10-115. Rehearing or Review of Decision

Table 1. Time-frames (in days)

ARTICLE 2. SCHOOLS

Article 2, consisting of Sections R4-10-28 thru R4-10-32, repealed; Section R4-10-33 renumbered to R4-10-112; Section R4-10-34 repealed; and Sections R4-10-201 thru R4-10-R4-10-209 adopted effective April 9, 1996 (Supp. 96-2).

Section

R4-10-201. Application for a School License; Renewal

R4-10-202. School Closure

R4-10-203. General School Requirements

R4-10-204. School Records

R4-10-205. Aesthetic School Requirements

R4-10-206. Cosmetology School Requirements

R4-10-207. Nail Technology School Requirements

R4-10-208. Combined School Requirements

R4-10-209. Demonstrators, Exclusions

ARTICLE 3. STUDENTS

Article 3, consisting of Sections R4-10-301 thru R4-10-306, adopted effective April 9, 1996 (Supp. 96-2).

Section

R4-10-301. Instruction; Licensed Individuals

R4-10-302. Instructor Curriculum Required Hours

R4-10-303. Aesthetics Curriculum Required 600 Hours

R4-10-304. Cosmetology Curriculum Required 1600 Hours

R4-10-305. Nail Technology Curriculum Required 600 Hours

R4-10-306. Curricula Hours

ARTICLE 4. SALONS

Article 4, consisting of Sections R4-10-401 thru R4-10-404, adopted effective April 9, 1996 (Supp. 96-2).

Section

R4-10-401. Application for a Salon License

R4-10-402. Changes Affecting a Salon License

R4-10-403. Salon Requirements and Minimum Equipment

R4-10-404. Mobile Services

R4-10-405. Shampoo Assistants

ARTICLE 1. GENERAL PROVISIONS

Editor's Note: The Board of Cosmetology repealed or renumbered Sections with the old Administrative Code numbering scheme and adopted new Sections under the current numbering scheme (Supp. 96-2). The old and new Sections cannot be shown in numerical order because of the two Articles; therefore the old numbers are not shown here. Please refer to this Chapter as published in Revised Format 6-92 for historical note information on the old numbered Sections.

R4-10-101. Definitions

In this Chapter unless otherwise specified:

1. "Accredited" means approved by the:

a. New England Association of Schools and Colleges,

b. Middle States Association of Colleges and Secondary Schools,

c. North Central Association of Colleges and Schools,

d. Northwest Association of Schools and Colleges,

e. Southern Association of Colleges and Schools, or

f. Western Association of Schools and Colleges.

2. "Administrative completeness review" means the Board's process for determining that an applicant has provided all information and documents required by Board statute or rule for an application.

3. "Applicant" means an individual or any of the following seeking licensure by the Board:

a. If a corporation, any two officers of the corporation;

b. If a partnership, any two of the partners; or

c. If a limited liability company, the designated corporate contact person, or if no contact person is designated, any two members of the limited liability company.

4. "Application packet" means the forms and documents the Board requires an applicant to submit.

5. "Certification of hours" means a document that states the total number of hours completed at a school, including:

a. A written statement of the hours a student received in a licensed school, or credits a student received, signed by the administrator of the agency authorized to record hours in the jurisdiction in which the applicant received certified or accredited vocational or academic training, affixed with the agency's official seal; or

b. If a student is transferring from one Arizona school to another under A.R.S. § 32-560, a transfer application that reflects the hours or credits a student received, signed by the administrator of the school where the applicant received certified or accredited training.

6. "Certification of licensure" means the status of the license, signed by the administrator of the agency authorized to issue cosmetology, nail technician, aesthetics, or instructor licenses in the jurisdiction in which the applicant received a license, affixed with the agency's official seal.

7. "Clinic means the area where a student practices cosmetology, nail technology, or aesthetics on the general public for a fee.

8. "Course" means an organized subject matter in which instruction is offered within a given period of time and for which credit toward graduation or certification is given.

9. "Credit" means one earned academic unit of study based on completing a high school's required number of class sessions per calendar week in a course or an earned academic unit of study based on attending a one-hour class session per calendar week at a community college, an accredited college or university, or a high school.

10. "Days" means calendar days.

11. "Double bracing" means using a stable base of support and two points of contact for the hand while performing a procedure.

12. "Establishment" means a business that functions as a school or a salon at least an average of 20 hours a week for the majority of the year.

13. "Graduation" or "graduated from a school" means the completion of the criteria established by a cosmetology, aesthetics, or nail technology school for the course in which the applicant was enrolled including the completion of the required curriculum hours.

14. "High school equivalency" means:

a. A high school diploma from a school recognized by the basic education authority or the Department of Education in the jurisdiction in which the school is located,

b. A total score of 45 points on a high school equivalency general educational development test or its equivalent as required by the Department of Education,

c. An associate degree or 15 academic credits from a junior college recognized by the basic education authority in the jurisdiction in which the college is located, or

d. Any degree from a college or university recognized by the basic education authority in the jurisdiction in which the college or university is located.

15. "Hour" means one clock hour.

16. "Instructor training" means the courses specified in R4-10-302.

17. "Lab" means the area in which instruction is provided regarding demonstration, theory, and practice on models.

18. "Licensed in another state of the United States or foreign country" means:

a. A governmental regulatory agency in the state or country is authorized to examine, for competency, candidates who graduate from a licensed cosmetology, nail technology, aesthetics school, or instructors for these disciplines; and

b. The agency issues licenses over which the state or country has jurisdiction and monitors.

19. "Manager" means an individual licensed by the Board who is responsible for ensuring an establishment's compliance with A.R.S. §§ 32-501 et seq. and this Chapter.

20. "Model" means a person or a mannequin on whom an applicant performs demonstrations for the practical section of a licensing examination or lab.

21. "Owner" means an individual or entity that has a controlling legal or equitable interest and authority and is responsible for ensuring an establishment's compliance with A.R.S. § 32-501 et seq. and this Chapter.

22. "Patron" means any client of an establishment or student of a school.

23. "Personal knowledge" means actual observation of an individual who practiced aesthetics, cosmetology, or nail technology in any state or country.

24. "Practice" means engaging in the profession of aesthetics, cosmetology, nail technology, or instructor.

25. "Reciprocity" means the procedure for granting an Arizona license to an applicant who received the required hours from a school licensed in another state of the United States or a foreign country or is currently licensed in another state of the United States or a foreign country.

26. "Substantive review" means the Board's process for determining whether an applicant for licensure meets the requirements for the license for which application is made including, if applicable, taking and passing an examination given by the Board.

27. "Tenth grade equivalency" means:

a. Ten high school credits, including two in English, from any school recognized by the basic education authority or the Department of Education in the jurisdiction in which the credits were obtained;

b. Proof that the prospective student is 23 years old. Satisfactory proof of the prospective student's age is shown by a government-issued driver's license or identification card, a birth certificate, or a passport; or

c. High school equivalency.

28. "Transfer application", as used in A.R.S. § 32-560, means an application that documents the transfer of a student from one Arizona cosmetology, nail technology, or aesthetics school to another and contains the student's name, address, identification number, telephone number, and number of hours of instruction received.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-102. Fees

Subject to R4-10-103(E), the Board shall collect the following fees:

1.

Written examination:

$50.00

2.

Practical examination:

$50.00

3.

Initial personal license:

$40.00

4.

Personal licensing renewal fees:

$30.00

5.

Delinquent personal license renewal for each year or portion of a year for which the license is inactive to a maximum of four years delinquent fees:

$50.00

6.

Duplicate license:

$20.00

7.

Personal reciprocity license:

$110.00

8.

Salon initial license:

$110.00

9.

Salon renewal:

$50.00

10.

Salon delinquent renewal:

$80.00

11.

School license:

$600.00

12.

School renewal:

$500.00

13.

Delinquent school renewal:

$600.00

14.

Board administered educational classes:

$25.00

15.

Review of examination:

$50.00

16.

Regrading of examination:

$25.00

17.

Certification of licensure or hours:

$30.00

18.

Service charge for alternative payment method per transaction:

2.5% of applicable fee

19.

The fee for copying public documents is 50¢ per page. The fee for audiotapes, videotapes, computer discs, or other media used for recording sounds, images, or information, is $15 per tape, disc, page, or other medium.

 

20.

The fee for providing a list of licensees' names and addresses is 25¢ per name.

 

21.

The Board shall charge $20.00 for the return of a dishonored check or the failure of any other means of payment to be honored.

 

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 9 A.A.R. 1050, effective May 6, 2003 (Supp. 03-1).

R4-10-103. Payment of Fees

A. A fee is not considered paid until the Board receives the amount required. The Board shall not provide services, administer examinations, or issue certifications or licenses until it receives the required fee.

B. The Board shall accept personal checks only for license renewals. If a check for a license renewal is returned because it is dishonored for any reason including insufficient funds, the renewal application is incomplete, and any license renewal that has been issued is void effective the date the Board mails written notice to the licensee that the license is void.

C. An applicant or licensee whose fee payment to the Board is dishonored for any reason including an insufficient funds check is not entitled to a further service, examination, certification, or license until the Board receives the following:

1. The amount of the fee for which the payment was dishonored;

2. The penalty provided in R4-10-102(21);

3. If applicable, the delinquent fee for each year or part of a year the license was inactive for the type of license to be renewed.

D. Fees are nonrefundable except if A.R.S. § 41-1077 applies.

E. The Board shall not refund fees tendered for $5.00 or less over the amount specified in R4-10-102, except the Board shall refund fees paid over the amount specified as the maximum fee in A.R.S. § 32-507.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 9 A.A.R. 1050, effective May 6, 2003 (Supp. 03-1).

R4-10-104. Application for License by Examination

A. An applicant for an aesthetics, cosmetology, nail technology, or instructor license by examination shall submit to the Board:

1. The applicable fees required for the practical and written examination and initial personal license in R4-10-102;

2. An application provided by the Board that contains:

a. A passport quality photo of the applicant;

b. The applicant's name, address, telephone number, Social Security number, gender, and birth date;

c. The name and address of each licensed school attended by the applicant;

d. The name of course completed, the name of the school where completed, and the starting date and date of graduation;

e. If previously licensed by the Board, type of license, license number, license expiration date, and the name used on the license;

f. A statement of whether the applicant has ever had an aesthetics, cosmetology, nail technology, or instructor license suspended or revoked in any state or foreign country;

g. A statement by the applicant verifying the truthfulness of the information provided by the applicant; and

h. The applicant's signature.

B. In addition to complying with the requirements in subsection (A), an applicant for an aesthetics, nail technology, or cosmetology license by examination shall:

1. Comply with A.R.S. § 32-510, 32-511, or 32-512 by submitting documentation of 10th grade equivalency.

2. Comply with A.R.S. § 32-510, 32-511, or 32-512 by submitting a copy of one of the following:

a. If the applicant graduated from a course presented by a school licensed by the Board, a written statement signed by the administrator of the school that documents proof of graduation and completion of all required hours; or

b. If the applicant attended more than one licensed school in Arizona, a copy of a transfer application or certification of hours from each school attended that includes the starting and ending dates, and a written statement signed by the administrator of each school that documents proof of the total number of hours completed at the school, and, if applicable, proof of graduation.

C. In addition to complying with the requirements in subsection (A), an applicant for an instructor license by examination shall:

1. Comply with A.R.S. § 32-531 by submitting the following:

a. Documentation of required work experience;

b. Proof of current licensure in the profession in which experience was gained;

c. Proof of licensure during the period experience was gained; and

d. Proof of attainment of 23 years of age; or

e. Proof of high school equivalency.

2. If qualifying under A.R.S. § 32-531(3)(a), submit a copy of the following:

a. Documentation of graduation from a Board-licensed school by a certification of graduation on a form supplied by the Board including the starting and ending dates, total number of hours completed, and signature of the administrator of the school; and

b. If the applicant attended more than one licensed school in Arizona, a copy of a transfer application or certification of hours from each school attended, including the starting and ending dates, total number of hours completed, and signature of the administrator of the school.

3. Documentation of the work experience required by A.R.S. § 32-531 shall be signed by an owner or manager of a licensed salon, an individual, or a supplier of cosmetology products with personal knowledge of the applicant's licensed experience in the profession for which the applicant seeks an instructor license. The person providing the documentation verifying the applicant's experience shall also indicate the following:

a. Profession in which applicant gained the experience;

b. Starting and ending dates of applicant's experience in the profession;

c. Name of licensed salon and address where applicant gained experience in the profession; and

d. License number and name of the licensed individual completing the form; or

e. Name, address, and telephone number of the individual completing the information.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Former Section R4-10-104 renumbered to R4-10-108; new Section adopted by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking 11 A.A.R. 4239, effective December 5, 2005 (Supp. 05-4).

R4-10-105. Application for License by Reciprocity

An applicant for an aesthetics, cosmetology, nail technology, or instructor license by reciprocity shall submit the applicable fee required in R4-10-102 and all of the following to the Board:

1. An application provided by the Board and signed by the applicant that contains:

a. The applicant's name, address, telephone number, gender, passport quality photo, Social Security number, and birth date;

b. If previously licensed by the Board, the type of license, license number, license expiration date, and the name used on the license; and

c. A statement of whether the applicant has ever had an aesthetics, cosmetology, nail technology, or instructor license suspended or revoked in any state or foreign country.

2. A certification of hours and proof of graduation or licensure in another state of the United States or a foreign country that shows the number of hours received in a school or the initial and final dates of licensure.

Historical Note

Section R4-10-105 renumbered from former Section R4-10-27 and amended effective April 9, 1996 (Supp. 96-2). Former Section R4-10-105 renumbered to R4-10-109; new Section adopted by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-106. Licensing Time-frames

A. The overall time-frame described in A.R.S. § 41-1072 for each type of approval granted by the Board is set forth in Table 1. The applicant and the Executive Director of the Board may agree in writing to extend the overall time-frame. The substantive review time-frame may not be extended by more than 25% of the overall time-frame.

B. The administrative completeness time-frame described in A.R.S. § 41-1072(1) for each type of approval granted by the Board is set forth in Table 1.

1. The administrative completeness review time-frame begins:

a. For approval to take an examination, approval or denial of school or salon license, or approval or denial of a license by reciprocity, when the Board receives an application packet; or

b. For approval or denial of a license by examination, when the applicant takes an examination.

2. If an application packet is incomplete, the Board shall send to the applicant a written notice specifying the missing document or incomplete information. The administrative completeness review time-frame and the overall time-frame are suspended from the postmark date of the notice until the date the Board receives a complete application packet from the applicant.

3. If an application packet is complete, the Board shall send a written notice of administrative completeness to the applicant.

4. If the Board grants a license or approval during the time provided to assess administrative completeness, the Board shall not issue a separate written notice of administrative completeness.

C. The substantive review time-frame described in A.R.S. § 41-1072(3) is set forth in Table 1 and begins on the postmark date of notice of administrative completeness.

1. As part of the substantive review for a school license, the Board shall conduct an inspection that may require more than one visit to the school.

2. During the substantive review time-frame, the Board may make one comprehensive written request for additional information or documentation. The time-frame for the Board to complete the substantive review is suspended from the postmark date of the comprehensive written request for additional information or documentation until the Board receives the additional information or documentation.

3. If an applicant meets the requirements of A.R.S. § 32-501 through § 32-575 and this Chapter, the Board shall send written notice of approval to the applicant. If an applicant is applying for approval to take an examination, the notice shall include the date, time, and place the applicant is scheduled to take an examination.

4. If an applicant does not meet the requirements of A.R.S. § 32-501 through § 32-575 and this Chapter, the Board shall send a written notice of denial to the applicant including a basis for the denial and an explanation of the applicant's right to appeal as prescribed in A.R.S. § 41-1076.

D. The Board shall consider an application withdrawn if within 180 days from the application submission date the applicant fails to:

1. Supply the missing information under subsection (B)(2) or (C)(2); or

2. Take an examination.

E. An applicant who does not wish an application withdrawn may request a denial in writing within 180 days from the application submission date.

F. An individual shall not practice as an aesthetician, cosmetologist, instructor, or nail technician until the individual receives and posts the license at the individual's place of employment.

G. If a time-frame's last day falls on a Saturday, Sunday, or a legal holiday, the Board shall consider the next business day the time-frame's last day.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2).

R4-10-107. License Renewal

A. An aesthetician, cosmetologist, nail technician, or instructor licensee shall postmark or electronically submit an application for renewal to the Board on or before the licensee's birthday.

1. If an applicant's birthday falls on a Saturday, Sunday, or legal holiday, the applicant may file the application on the next business day following the applicant's birthday.

2. An application consists of:

a. A form provided by the Board that contains: the applicant's name, address, Social Security number, and signature or Personal Identification Number (PIN) supplied by the Board if filed electronically;

b. A statement of whether the applicant has changed the applicant's name since the previous application and, if name has changed, a copy of a legal document, such as a marriage license or divorce decree, showing the name change; and

c. The fee required in R4-10-102.

B. An establishment licensee shall annually postmark or electronically submit to the Board an application for renewal and the fee required in R4-10-102 on or before the license renewal date.

1. If the license renewal date falls on a Saturday, Sunday, or legal holiday, the applicant may file the application on the next business day following the license renewal date.

2. An application consists of a form provided by the Board that contains:

a. The establishment's name and license number;

b. If the owner is an individual or partnership, the signature and tax identification number of the owner; if the owner is a corporation, the signature of the authorized signer and the tax identification number of the corporation; if filed electronically, the Personal Identification Number (PIN) supplied by the Board may be used in place of the signature; and

c. The fee required in R4-10-102.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Former Section R4-10-107 renumbered to R4-10-110; new Section adopted by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 11 A.A.R. 4239, effective December 5, 2005 (Supp. 05-4).

R4-10-108. Licensing Examinations

A. The Board may complete a pre-screening review of examination qualifications, if requested, before the student graduates from a school, but the Board shall not approve the examination application until the student has completed a minimum of:

1. 1450 hours of cosmetology training,

2. 500 hours of aesthetics or nail technician training,

3. 550 hours of cosmetology instructor training,

4. 400 hours for aesthetics instructor training, or

5. 250 hours of nail technician instructor training.

B. After the Board completes the pre-screening, an applicant may receive an examination date, but the applicant is not allowed in the examination site until the applicant provides a certification of graduation. If the applicant fails to provide a certification of graduation by the date set for the examination or the applicant does not appear at the examination site at the scheduled examination time, the applicant forfeits the examination fee. A pre-screening review is not a substitute for an official agency acceptance or issuance of a license.

C. If the applicant does not request an examination pre-screening review, the Board shall not consider an examination application until the applicant has received the hours required for graduation and has graduated from a school licensed by the Board.

D. All examinations shall be held in the Board's examination center at the Board's office unless another location is designated by the Board in its written notice to the applicant.

E. The Board shall notify applicants in writing of the time and place assigned for the examination.

F. An applicant shall provide identification upon entering the examination center. Acceptable forms of identification include United States issued: passport, driver license, bank identification card, military identification, or government-issued identification card. Identification shall contain a photograph of the applicant.

G. An examination shall consist of both written and practical sections and the practical sections shall include live demonstrations on a model as follows:

1. An applicant shall perform a cosmetology or nail technology demonstration on a mannequin,

2. An applicant shall perform a demonstration for an aesthetics examination on a person, and

3. An applicant shall perform demonstrations for an instructor examination on a person for an aesthetics class or a mannequin for a cosmetology or nail technology class.

H. An applicant shall comply with all infection control and safety standards required by R4-10-112 during the examination.

I. An applicant who cannot appear for an examination as scheduled shall forfeit the examination fee. An applicant who arrives at an examination site after a scheduled examination begins shall not be allowed to test at the scheduled time. If an applicant arrives after the examination begins or fails to appear for a scheduled examination, the Board shall reschedule the examination upon payment of another examination fee. The applicant is allowed a one time cancellation of the examination test date if the applicant cancels at least 48 hours before the examination start time. The Board does not require another examination fee for rescheduling a canceled examination.

J. An applicant shall supply equipment, supplies, tools or instruments, and a model as required.

K. An applicant shall not use a current or former student in an aesthetics, cosmetology, or nail technology school as a model in the live demonstration of aesthetics or instructor examinations.

L. Examination materials are not available for inspection or copying by any person nor shall any person attempt to obtain or provide examination materials.

M. The applicant shall not bring and the examination administrator shall not allow written material or recording media in either the written or practical sections of the examination for aestheticians, cosmetologists, or nail technicians. The examination administrator may exclude other items from the written or practical sections of the examination that may impede the fair administration or security of the examination. An applicant who seeks to impede the fair administration of an exam, or copies or asks for information from another applicant shall be dismissed from the examination and shall forfeit the examination fee. An applicant who has a blood spill that is not treated following proper blood spill procedures in R4-10-112 shall be dismissed from the examination and shall forfeit the examination fee.

N. If an applicant passes the examination but does not apply for an original license within one year after the date of the examination, the Board shall void the examination scores.

O. If application is made by reciprocity, the Board may accept a score on a written or practical examination from another jurisdiction if the examination:

1. Is the same national examination as that administered in Arizona,

2. The score is at least the same as the passing score that was required by the Board at the time the applicant took the examination in the other jurisdiction, and

3. The applicant provides the Board with documentation from the other jurisdiction verifying the passing score and that the score was received within one year of the application for reciprocity.

P. The Board shall conduct all examinations in English and applicants shall submit answers in English.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Former Section R4-10-108 renumbered to R4-10-111; new Section R4-10-108 renumbered from Section R4-10-104 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-109. Repealed

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Former Section R4-10-109 renumbered to R4-10-112; new Section R4-10-109 renumbered from Section R4-10-105 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Section repealed by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-110. Reactivating an Inactive License

A. A cosmetology, nail technology, aesthetics, or instructor license that has been inactive for less than one year will be reactivated by paying the delinquent renewal fee.

B. A cosmetology, nail technology, aesthetics, or instructor license that has been inactive for more than one year, but less than five years, may be reactivated by the licensee paying the delinquent renewal fee and completing the infection protection class and law review class, offered by the Board, but paid for by the licensee.

C. A cosmetology, nail technology, aesthetics, or instructor license that has been inactive for more than five years, but less than 10 years, may be reactivated by the licensee if the licensee does all of the following:

1. Provides a certification of licensure;

2. Completes the infection protection class and law review class given by the Board;

3. Takes and passes the Board examination pertaining to the type of license formerly held; and

4. Pays the delinquent renewal fee.

D. If a cosmetology, nail technology, aesthetics, or instructor license has been inactive for more than 10 years, the licensee shall comply with all application requirements in R4-10-104.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Former Section R4-10-110 renumbered to Section R4-10-113; new Section R4-10-110 renumbered from Section R4-10-107 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-111. Display of Licenses and Signs

A. The name on an establishment's exterior sign, advertising, and publications shall be the same as the name on the establishment license issued by the Board. The establishment's exterior sign shall contain lettering at least 2 1/2 inches in height.

B. A school shall prominently post a class schedule that lists the names of instructors and classes. The school shall display the school and instructor licenses near the school entrance, visible to the public.

C. A salon shall prominently post the salon license and ensure that the personal license of each licensee performing services in the salon is posted at the licensee's station.

D. A licensee performing mobile services shall prominently display a duplicate personal and establishment license in the area where mobile services are provided. The licensee's original license shall be prominently displayed in the salon from which the licensee was dispatched in accordance with subsection (C).

E. A copy of R4-10-112 shall be prominently posted in each establishment.

F. A salon shall prominently post a notice of salon services that are not regulated by the Board and that are provided at the salon.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Former Section R4-10-111 renumbered to Section R4-10-114; new Section R4-10-111 renumbered from R4-10-108 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-112. Infection Control and Safety Standards

A. An establishment shall have and maintain the following minimum equipment and supplies:

1. Non-leaking, waste receptacles, which shall be emptied, cleaned, and disinfected daily;

2. Ventilated containers for soiled linens including towels and capes;

3. Closed, clean containers to hold clean linens including towels and capes;

4. A covered, wet disinfectant container made of stainless steel or a material recommended by the manufacturer of the wet disinfectant that:

a. Is large enough to contain sufficient disinfectant solution to allow for the total immersion of tools and instruments,

b. Is set up with disinfectant at all times the establishment is open, and

c. Is changed as determined by manufacturer's instructions or when visibly cloudy or contaminated;

5. An Environmental Protection Agency (EPA)-registered bactericidal, virucidal, fungicidal, and pseudomonacidal (formulated for hospitals) disinfectant which shall be mixed and used according to manufacturer's directions on all tools, instruments, and equipment, except those that have come in contact with blood or other body fluids; and

6. An EPA-registered disinfectant that is effective against HIV-1 and Human Hepatitis B Virus or Tuberculocidal which shall be mixed and used according to the manufacturer's directions on tools, instruments, and equipment that come in contact with blood or other body fluids.

B. Procedure for disinfecting non-electrical equipment.

1. Non-electrical equipment shall be disinfected by cleaning with soap or detergent and warm water, rinsing with clean water, and patting dry; and

2. Totally immersing in the wet disinfectant required under subsection (A)(5) or (A)(6) following manufacturer's recommended directions.

C. Procedure for storage of tools and instruments.

1. A tool or implement that has been used on a client or soiled in any manner shall be placed in a properly labeled receptacle; and

2. A disinfected implement shall be stored in a disinfected, dry, covered container and isolated from contaminants.

D. Procedure for disinfecting electrical equipment, which shall be in good repair, before each use.

1. Remove all foreign matter;

2. Clean and spray or wipe with a disinfectant, compatible with electrical equipment, as required in subsection (A)(5) or (A)(6); and

3. Disinfect removable parts as described in subsection (B).

E. Tools, instruments and supplies.

1. All tools, instruments, or supplies that come into direct contact with a client and cannot be disinfected (for example, cotton pads, sponges, porous emery boards, and neck strips) shall be disposed of in a waste receptacle immediately after use;

2. Disinfected tools and instruments shall not be stored in a leather storage pouch;

3. A sharp cosmetology tool or implement that is to be disposed of shall be sealed in a rigid, puncture-proof container and disposed of in a manner that keeps licensees and clients safe;

4. An instrument or supply shall not be carried in or on a garment while practicing in the establishment;

5. Clips or other tools and instruments shall not be placed in mouths, pockets, or other unsanitized holders;

6. Pencil cosmetics shall be sharpened before each use;

7. All supplies, equipment, tools, and instruments shall be kept clean, disinfected, free from defects, and in good repair;

8. Cutting equipment shall be kept sharp; and

9. A client's personal cosmetology tools and instruments that are brought into and used in the establishment shall comply with these rules.

F. If there is a blood spill or exposure to other body fluids during a service, licensees and students shall stop the service and:

1. Before returning to service, clean the wound with an antiseptic solution;

2. Cover the wound with a sterile bandage;

3. If the wound is on a licensee's or student's hand in an area that can be covered by a glove or finger cover, the licensee or student shall wear a clean, fluid-proof protective glove or finger cover. If the wound is on the client, the licensee or student providing service to the client shall wear gloves on both hands;

4. Blood-stained tissue or cotton or other blood-contaminated material shall be placed in a sealed plastic bag and that plastic bag shall be placed into another plastic bag (double bagged), labeled with a red or orange biohazard warning, and discarded;

5. All equipment, tools, and instruments that have come in contact with blood or other body fluids shall be disinfected as discussed in subsections (A)(6) and (B); and

6. Electrical equipment shall be disinfected as discussed in subsection (D).

G. All circulating and non-circulating tubs or spas shall be cleaned as follows using the disinfectant in subsection (A)(5) or (6):

1. After each client or service, complete all of the following:

a. Drain the tub;

b. Clean the tub according to manufacturer's instructions, taking special care to remove all film, especially at the water line;

c. Rinse the tub;

d. Fill the tub with water and disinfectant as in subsection (A)(5) or (6); and

e. Allow the disinfectant to stand for non-circulating tubs or to circulate for circulating tubs for the time specified in manufacturer's instructions.

2. At the end of the day, complete all of the following:

a. Remove all filters, screens, drains, jets, and other removable parts;

b. Scrub with a brush and soap or detergent until free from debris;

c. Rinse;

d. Completely immerse in the solution described in subsection (A)(5);

e. Rinse;

f. Air dry; and

g. Replace the disinfected parts in the tubs or store in a disinfected, dry, covered container.

H. Personal cleanliness.

1. A licensee or student shall thoroughly wash his or her hands with soap and warm water or any equally effective cleansing agent immediately before providing services to each client, before checking a student's work on a client, or after smoking, eating, or using the restroom;

2. A licensee or student shall wear clothing and shoes;

3. A client's skin upon which services will be performed shall be washed with soap and warm water or wiped with disinfectant or waterless hand cleanser approved for use on skin before a nail technology service, including a pedicure service, is provided; and

4. A licensee or student shall wear clean, fluid-proof protective gloves while performing any service if any bodily discharge is present from the licensee, student, or client or if any discharge is likely to occur from the client because of services being performed.

I. Disease and infestation.

1. A licensee or student who has a contagious disease shall not perform services on a client until the licensee or student takes medically approved measures to prevent transmission of the disease; and

2. Services shall not be performed on an individual who has a contagious disease that may be transmitted by the performing of the services on the individual.

J. Client protection.

1. A client's clothing shall be protected from direct contact with shampoo bowls or headrests by the use of clean linens, capes, robes, or protective neck strips;

2. Infection control shall be maintained and services shall be performed safely to protect the licensee or student and client;

3. Double bracing shall be used around a client's eyes, ears, lips, fingers, and toes; and

4. A client shall receive a pre- and post-analysis that includes appropriate instructions for follow-up.

K. Care and storage of linens including towels, robes, and capes.

1. Clean linens shall be provided for each client and laundered after each use;

2. Soiled linens shall be stored in a ventilated receptacle;

3. Laundering shall include disinfecting linens by using detergent and bleach; and

4. Clean linens shall be stored in closed containers or closets.

L. Care and storage of products including liquids, creams, powders, cosmetics, chemicals, and disinfectants.

1. All products shall be stored in a container that is clean and free of corrosion and labeled to identify contents, in compliance with state and local laws and manufacturer's instruction;

2. All products containing poisonous substances shall be distinctly marked;

3. When only a portion of a cosmetic product is to be used, the portion shall be removed from the container in a way that does not contaminate the remaining product; and

4. Once dispensed, a product shall not be returned to the original container.

M. Prohibited hazardous substances and use of products.

1. An establishment shall not have on the premises cosmetic products containing hazardous substances banned by the U.S. Food and Drug Administration (FDA) for use in cosmetic products, including liquid methyl methacrylate monomer and methylene chloride; and

2. Product shall be used only in a manner approved by the FDA.

N. Care of headrests, shampoo bowls, and treatment tables.

1. Headrests of chairs and treatment tables shall be disinfected at least daily and treatment tables covered with a clean linen or paper sheet for each client;

2. Shampoo bowls and neck rests shall be cleansed with soap and warm water or other detergent after each use and kept in good repair; and

3. Shampoo neck rests shall be disinfected with a solution described in subsection (A)(5) or (A)(6) before each use.

O. Prohibited devices, tools, or chemicals; invasive procedures.

1. Except as provided in this subsection and subsection (O)(2), all of the following devices, tools, or chemicals are prohibited from being present in or used in a salon:

a. A devise, tool, or chemical that is designed or used to pierce the dermis; and

b. A low-frequency, or low-power ultrasonic, or sonic device except one intended for skin cleansing, exfoliating, or product application.

2. A salon or licensee that provides an invasive procedure, using a device, tool, or chemical described in subsection (O)(1), that is otherwise allowed under Arizona law shall ensure that the performance of the procedure complies with statutes and rules governing the procedure, training, or supervision as required by the relevant, regulatory authorities.

P. Skin peeling.

1. Except as provided in subsections (O)(1) and (O)(2), only the non-living, uppermost layer of skin, known as the epidermis, may be removed by any method or means and only for the purpose of beautification;

2. A skin removal technique or practice that affects the dermal layer of the skin is prohibited;

3. Skin removal products shall not be mixed or combined except as required by manufacturer instructions and approved by the FDA; and

4. Only commercially available products for the removal of epidermis for the purpose of beautification shall be used.

Q. Restricted use tools and instruments.

1. Nippers shall be used only to remove loose cuticles; and

2. Pre-sterilized, disposal lancets shall be used only to dilate follicles and release sebaceous debris from the follicle.

R. Cleanliness and repair of the establishment shall be maintained according to the following guidelines.

1. After each client, hair and nail clippings shall immediately be discarded;

2. All areas of the establishment, including storerooms and passageways, shall be well lighted, ventilated, and free from infectious agents;

3. Floors, walls, woodwork, ceilings, furniture, furnishings, and fixtures shall be clean and in good repair;

4. Shampoo bowls shall be clean and disinfected by using a disinfectant discussed in subsection (A)(5) or (A)(6) and drains shall be free running;

5. Counters and all work areas shall be disinfected after each client by using a disinfectant discussed in subsection (A)(5) or (A)(6); and

6. Waste or refuse shall be removed timely so there is no accumulation.

S. Building standards.

1. There shall be a direct entrance from the outside, not through living quarters, into the establishment;

2. If connected to a residence, all passageways between the living quarters and the establishment shall have a door that remains closed during business hours;

3. The establishment shall not be used for residential or other living purposes;

4. The establishment shall have a restroom for employees' and clients' use during business hours that has a wash basin, running water, liquid soap, and disposable towels; is kept clean and sanitary at all times; is in close enough proximity to the salon to ensure safety for cosmetology procedures during use; and is open and available for use by employees and clients of the salon;

5. Any excess material stored in a restroom shall be in a locked cabinet;

6. The establishment shall have hot and cold running water;

7. A mobile unit shall have sufficient water at all times; and

8. The establishment shall have a natural or mechanical ventilation and air filtration system that provides free flow of air to each room, prevents the build-up of emissions and particulates, keeps odors and diffusions from chemicals and solutions at a safe level, and provides sufficient air circulation and oxygen.

T. General requirements.

1. The establishment shall have a first-aid kit that contains, at a minimum, small bandages, gauze, antiseptic, and a blood-spill kit that contains disposable bags, gloves, and hazardous waste stickers;

2. No bird or animal, except fish aquariums and service animals, are allowed in the establishment; and

3. The establishment shall comply with federal and state requirements.

Historical Note

Section R4-10-112 renumbered from former Section R4-10-33 and amended effective April 9, 1996 (Supp. 96-2). Former Section R4-10-112 renumbered to Section R4-10-115; new Section R4-10-112 renumbered from Section R4-10-109 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 11 A.A.R. 4239, effective December 5, 2005 (Supp. 05-4). Amended by final rulemaking at 14 A.A.R. 2083, effective July 5, 2008 (Supp. 08-2).

R4-10-113. Establishment Management

A. The manager of each establishment shall ensure that:

1. Licenses, notices, and the Board's most recent inspection sheet are prominently displayed;

2. The establishment and all licensees in a salon, school, or a mobile service area have current licenses;

3. Infection control and safety standards are maintained.

B. The salon and school owner and salon and school manager or director shall be responsible for all violations enumerated in subsection (A), occurring within the salon, school, or mobile service areas.

C. If a salon owner rents or leases space within the salon to a person who obtains a separate salon license, that second licensee and their salon manager and the owner shall each be responsible for all violations of requirements enumerated in subsection (A) occurring within the second licensee's licensed portion of the salon, and are each responsible for the common areas.

Historical Note

New Section R4-10-113 renumbered from Section R4-10-110 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2).

R4-10-114. Disciplinary Action

A. Licensees shall permit an inspector or Board representative to inspect the premises of any salon or school, or other location identified by a complaint or the Board, alleging the location is operating a salon or school.

B. Board action is required to dismiss a complaint.

Historical Note

New Section R4-10-114 renumbered from Section R4-10-111 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2).

R4-10-115. Rehearing or Review of Decisions

A. Except as provided in subsection (G), any party in a contested case before the Board who is aggrieved by a decision rendered in such case may file with the Board, not later than 15 calendar days after service of the decision, a written motion for rehearing or review of the decision specifying particular grounds therefor. For purposes of this subsection, a decision shall be deemed to have been served when personally delivered or mailed by certified mail to the party's last known residence or place of business.

B. A motion for rehearing or review may be amended at any time before it is ruled upon by the Board. A response may be filed within 10 calendar days after service of such motion or amended motion by any party. The Board may require the filing of written briefs upon the issues raised in the motion and may provide for oral argument.

C. A rehearing or review of the decision may be granted for any of the following causes materially affecting the moving party's rights:

1. Irregularity in the administrative proceedings of the agency or its hearing officer or the prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair hearing;

2. Misconduct of the Board or its hearing officer or prevailing party;

3 Accident or surprise which could not have been prevented by ordinary prudence;

4. Newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the original hearing;

5. Excessive or insufficient penalties;

6. Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing; or

7. A decision which is not justified by the evidence or is contrary to law.

D. Not later than 10 calendar days after the Board's receipt of a motion for rehearing or review, the Board may affirm or modify the decision or grant a rehearing or review to any of the parties and on all or part of the issues for any of the reasons set forth in subsection (C). An order granting a rehearing or review shall specify with particularity the ground or grounds on which the rehearing or review is granted, and the rehearing or review shall cover only those matters so specified.

E. Not later than 15 calendar days after a decision is rendered, the Board may on its own initiative, order a rehearing or review of its decision for any reason for which it might have granted a rehearing or review on motion of a party. After giving the parties or their counsel notice and an opportunity to be heard on the matter, the Board may grant a motion for rehearing or review for a reason not stated in the motion. In either case the order granting such a rehearing or review shall specify the grounds therefor.

F. When a motion for rehearing or review is based upon affidavits, they shall be served with the motion. An opposing party may, within 10 calendar days after such service, serve opposing affidavits, which period may be extended for an additional period not exceeding 20 calendar days by the Board for good cause shown or by written stipulation of the parties. Reply affidavits may be permitted.

G. If in a particular decision the Board makes specific findings that the immediate effectiveness of the decision is necessary for the immediate preservation of the public peace, health, or safety and that a rehearing or review of the decision is impractical, unnecessary, or contrary to the public interest, the decision may be issued as a final decision without an opportunity for rehearing or review. An application for judicial review of the decision shall be made within the time limits permitted for applications for judicial review of the Board's final decisions.

H. For purposes of this Section, the terms "contested case" and "party" shall be defined as provided in A.R.S. § 41-1001.

Historical Note

New Section R4-10-115 renumbered from Section R4-10-112 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2).

Table 1. Time-frames (in days)

Type of Approval

Statutory Authority

Overall Time-frame

Administrative Completeness Time-frame

Substantive Review Time-frame

Approval to Take an Examination

A.R.S. §§ 32-514, 32-515, 32-533

90

60

30

License by Examination

A.R.S. §§ 32-510, 32-511, 32-512, 32-531

60

30

30

License by Reciprocity

A.R.S. §§ 32-513, 32-532

60

30

30

School License

A.R.S. § 32-551

90

30

60

License Renewal

A.R.S. §§ 32-517, 32-535, 544, 32-564

75

45

30

Salon License

A.R.S. §§ 32-541, 32-542

90

30

60

License Reactivation

A.R.S. § 32-518

30

15

15

Historical Note

New Table adopted by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2).

ARTICLE 2. SCHOOLS

Editor's Note: The Board of Cosmetology repealed or renumbered Sections with the old Administrative Code numbering scheme and adopted new Sections under the current numbering scheme (Supp. 96-2). The old and new Sections cannot be shown in numerical order because of the two Articles; therefore the old numbers are not shown here. Please refer to this Chapter as published in Revised Format 6-92 for historical note information on the old numbered Sections.

R4-10-201. Application for a School License; Renewal

A. An applicant for a school license shall submit the documents required in A.R.S. § 32-551 and:

1. An application on a form provided by the Board, signed by the applicant, and notarized that contains:

a. The applicant's name, address, federal tax identification number, and telephone number;

b. If a partnership, each partner's name and address and an identification of whether a limited or general partner;

c. If a corporation, the state of incorporation and the name, title, and address of at least two officers of the corporation;

d. The name under which the school will be operated as registered with the Secretary of State;

e. The name and Board-issued license number of the instructor in charge of the school;

f. If an existing school, the date the applicant will be assuming ownership; and

g. If a new school, the scheduled date for opening the school;

2. If a partnership, a copy of the partnership agreement;

3. If a corporation, the articles of incorporation and a Certificate of Good Standing from the Corporation Commission;

4. A signed statement that the establishment has the equipment required by statute and rule for the school;

5. An unexpected contract form required by A.R.S. § 32-558;

6. A schedule that includes the hours of each day and each day of a calendar week during which the school will be open for instruction;

7. A proposed schedule of classes to be taught at the school;

8. The name, address, and telephone number of the bonding company and a copy of the bond;

9. A copy of all school policies and procedures;

10. A school catalog that contains the information required by A.R.S. § 32-559 and:

a. The number of days during course enrollment that are necessary to complete the hours for the course;

b. The days and hours of operation, vacation periods, and holidays;

c. A listing of policies regarding leaves of absence and vacation approval for students;

11. Demonstrate evidence of compliance with A.R.S. §§ 32-551 through 32-575 and these rules through a school inspection conducted by the Board; and

12. The fee required in R4-10-102.

B. In addition to the requirements in R4-10-107, a licensee shall submit the following when renewing a license:

1. The most recent school catalog that:

a. Indicates where any modifications, additions, or deletions from the previously submitted catalog may be found;

b. Contains an index that shows where the information required by A.R.S. § 32-559 is located in the catalog;

c. Contains the name of each accrediting or approving organization; and

d. Provides a signed statement that the establishment has the equipment required by statute and rule for the school.

2. A subject description for each new course and its schedule, if applicable;

3. A new operating schedule if changes will occur beginning with the new license year;

4. The name and address of any new statutory agent if the change will take effect with the new license year;

5. The name and license number of the current licensed instructor in charge of the school; and

6. The name, address, and telephone number of the bonding company, the bond number, the expiration date of the bond, and a copy of the bond.

C. The owner of a school shall submit to the Board the terms and conditions of any management contract entered into for the school after the contract is executed;

D. Within five days after a change occurs during the year, the owner of a school shall submit to the Board the subject description of any new course; the name of any new statutory agent; or any change to the catalogue, generic student contract, policies, procedures, hours of operation, or bond.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-202. School Closure

A. For purposes of A.R.S. § 32-563, the Board may consider a school to be closed if it fails for five consecutive school days to provide instruction in accordance with its schedule of operations on file with the Board.

1. All enrolled students and employees shall be notified by the school in writing of a pending closure at least five calendar days before closure of the school, unless the time of such closure could not have been anticipated. A copy of the notice shall be sent to the Board at the time it is delivered to the students and employees. The students' and employees' personal belongings, including equipment, tools, and implements shall be released to each student or employee immediately upon request.

2. Student records as specified by A.R.S. § 32-563 shall be sent to the Board within 10 calendar days after the school closure, including:

a. Copies of hour sheets documenting all student hours and the current time cards or time records received by the student after the last monthly report before the school closure as specified by R4-10-204;

b. A copy of the file of each student who was enrolled the last school day prior to closure as specified by R4-10-204. If a teachout was arranged with another school which agreed to complete the training, the student's file shall be transferred to that school; and

c. A written statement signed by each enrolled student verifying the school's compliance with subsection (A)(1) as it applies to students.

B. Failure to comply with subsection (A) may be grounds for refusal to issue a school license to an owner, manager, director, or instructor of the school at the time of the school closure.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2).

R4-10-203. General School Requirements

A. Aesthetics, cosmetology, and nail technology schools shall comply with R4-10-112 and have the following minimum facilities, equipment, supplies, and materials:

1. One area of instruction for every 20 students;

2. A licensed instructor as manager or director;

3. A desk, table and chair, or other instructional fixtures and facilities for each student during theory instruction;

4. Filing cabinets to hold all school and student records;

5. An instruction board in each room used for instruction;

6. At least two cubic feet of an individual locked area with a different locking device for each enrolled student and each instructor to store personal objects and training kits;

7. A sink area for each 50 students in attendance for the preparation, mixing, and dispensing of supplies and chemicals, and for the disinfection of small tools or instruments;

8. At least one restroom that meets the requirements of R4-10-112;

9. Separate receptacles for garbage and soiled linens; and

10. One container for wet disinfectant for each student performing aesthetics and nail technology.

B. The school shall furnish equipment, tools, instruments, materials, and supplies needed to perform assignments and for instructional purposes, except that the school may require each student to furnish small tools or instruments. All equipment, tools, and materials shall be salon quality and maintained in good repair at all times.

C. The school shall have a library for student use which contains at least the following materials relating to the courses offered by the school:

1. Standard dictionary;

2. Medical dictionary;

3. Anatomy chart on bones, muscles, nerves, hands, arms, nails, veins, arteries, circulatory system, hair, and skin;

4. Three current periodicals on the art and science of cosmetology;

5. Current cosmetology instruction manuals or textbooks;

6. Current Arizona Cosmetology statutes and rules; and

7. A cosmetology dictionary.

D. Each school shall maintain a complete file on all current curriculum requirements.

E. A school shall not pay a salary to an enrolled student other than a student instructor.

F. A licensed school may offer a postgraduate or advanced continuing education cosmetology course, including theory and lab, to students currently enrolled in the school or currently licensed individuals without a licensed instructor present.

1. A school shall not report post-graduate credit hours to the Board or apply the hours toward graduation.

2. Currently enrolled students shall not perform services upon a person without an instructor present.

3. A student file is not required for licensed individuals.

4. Each licensee shall have the licensee's current Board-issued license number onsite.

G. An individual licensed by the Board may re-enroll in a licensed school for a refresher course as a current student. Credit hours for training received shall be submitted by the school to the Board.

H. A school shall establish a periodic grading schedule and keep student transcripts current.

I. A school shall schedule a minimum of four hours of theory classes each week for each full-time student and a minimum of two hours of theory classes each week for each part-time student.

J. A school shall teach safety and infection control measures relating to each subject in conjunction with that subject.

K. A school shall not solicit students for enrollment at other school sites.

L. While teaching, instructors shall wear a tag indicating the instructor's name and courses taught.

M. A school shall ensure compliance with the following:

1. A student shall not attend school more than 56 hours in any one week.

2. A student shall only operate safe equipment in good repair.

3. A student of aesthetics, cosmetology, and nail technology shall perform services within the enrolled course, upon the public or fellow students, only in the presence of a licensed instructor and, except for shampooing, only after completing the basic training specified in R4-10-303, R4-10-304, and R4-10-305.

4. A school shall not prevent or discourage a student from making a complaint to the Board.

5. A school shall not dismiss a student from a scheduled theory instruction or written or practical examination to perform clinical services for the public;

6. While in school, each student shall wear a tag indicating the student's name and the course in which the student is enrolled; and

7. If the school has a distant classroom, the school shall ensure that equipment for each classroom is the same as that required for each course of instruction in the school; and:

a. Private postsecondary facilities shall not extend the school facilities beyond .5 miles apart as verified by Global Positioning System map readings;

b. Public educational facilities shall not extend the school beyond the school designated campus;

c. A duplicate Board-issued school license shall be posted in each distant facility;

d. Duplicate instructor licensees are not required; and

e. Clinic, retail, all public services, and appointments by the public are prohibited.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-204. School Records

A. A school shall maintain a student's records at the school where the student is enrolled. The Board may inspect the records at any time the school is open.

B. When a student transfers from one school to another, the school from which the student is transferring shall:

1. Keep a copy of the student's transcript,

2. Forward one copy to the student and another copy to the Board within three days of the date of transfer, and

3. Withdraw the student on the school records and the monthly report submitted to the Board.

C. Each school shall keep:

1. A complete and accurate record of the time devoted by each student to the enrolled course of study;

2. A complete and accurate record that shows the school's basis for certification of the student hours. A school shall certify only those hours of training the student receives in that school or hours the school accepts as received in another state or country;

3. A complete and accurate individual student file for each student enrolled containing:

a. Contract and enrollment agreement;

b. Financial aid transcript;

c. Proof of 10th grade equivalency for a student enrolled in an aesthetics, cosmetology, or nail technology course or proof of high school equivalency or 23 years of age for a student enrolled in an instructor course;

d. Identification number;

e. Proof of one year of licensed work experience for a student instructor;

f. A statement signed by a school administrator and the student that provides a list of the supplies contained in the kit provided to the student. The contract shall set forth the contents of the kit including:

i. The price of items contained in the kit;

ii. When the items shall be distributed;

iii. The manufacturer of the products;

iv. The retail value of the kit; and

v. A statement that if substitutions occur after the contract is signed, the substitutions shall be of comparable value; and

g. A record of completed hours, including proof of cosmetology, nail technology, aesthetics, or instructor hours earned in another state or country and accepted by the school; and

4. Complete and accurate academic transcripts and attendance and hour records or time cards.

D. The school shall electronically deliver to the Board a complete and accurate monthly report no later than the 10th day of each month. The monthly report shall include:

1. For each student enrolled since the prior monthly report only:

a. Name;

b. Student identification number;

c. Enrollment date;

d. Address;

e. Telephone number;

f. Type of educational documentation that meets the requirements of R4-10-104;

g. Proof of hours received from another Board-licensed school, or a school in another state, or country, and certified by the school, if applicable;

h. Proof of crossover hours necessary to qualify for R4-10-306, if applicable; and

i. Birth date.

2. The enrollment category of each student;

3. The name, license number, and work schedule of the instructor in charge of the school, and name of the custodian of records;

4. The name, license number, and work schedule of each instructor employed by the school;

5. The signature of the instructor who prepares and certifies that the report is correct;

6. The name of student instructors, the scheduled attendance, and the Board-issued license number for each student instructor;

7. For each demonstration given, the name of the demonstrator, the name of the observing instructor, the name of the process or product demonstrated, the number of students in attendance, and the name of the course in which the demonstration was given;

8. Hours received by each student for the prior month, the current month, and total cumulative hours. The school shall not amend total hours without satisfactory proof of error;

9. Signature of each student verifying approval of the certified hours;

10. The school's certification of the students who meet the graduation requirements of the school, including the day, month, and year of graduation; and

11. The notation "transferred," "withdrawn," or "leave of absence" for students who discontinue training, and the day, month, and year training was discontinued. The school shall provide certification to the student within one week of the hours earned by the student before the student withdraws or takes a leave of absence.

E. A school shall credit a student with additional hours earned after graduation if the student completes the required hours for graduation, registers for the Board examination, and stays in school until the date of the examination.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-205. Aesthetic School Requirements

A. Schools that provide aesthetics 600-hour training for students, 500-hour training for instructors, or both, shall provide the following minimum facilities, equipment, supplies, and materials in addition to that required by R4-10-203 and R4-10-204:

1. A work station for each student in attendance to perform aesthetics services to the public, each having;

a. A facial chair or table;

b. A table top that is 12" x 18" or larger;

c. A dry, disinfected, covered container to store disinfected tools and instruments, and

d. A labeled receptacle for contaminated tools or instruments.

2. One steamer machine for each group of four students in attendance during lab and two students in attendance during clinic;

3. One microdermabrasion machine to be used at a non-invasive level;

4. One magnifying lamp of at least 5 diopters for each group of two students in attendance during lab and each group of four students in attendance during clinic;

5. Cleansers;

6. Massage medium;

7. Toner;

8. Exfolients and masks; and

9. Depilatories.

B. Each school shall provide a student training kit for each enrolled aesthetics student. The kit shall contain at a minimum, the following:

1. One standard textbook for professional aestheticians;

2. One copy of Arizona cosmetology statutes and rules;

3. One disinfected, covered container to store disinfected tools and instruments as specified by R4-10-112; and

4. A container for contaminated tools or instruments.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-206. Cosmetology School Requirements

A. Schools that provide cosmetology 1600-hour training for students, 650-hour training for instructors, or both, shall provide the following minimum facilities, equipment, supplies, and materials in addition to that specified by R4-10-203 and R4-10-204:

1. A work station for each student in attendance performing cosmetology services to the public for a fee, each having:

a. A mirror that is at least 18" by 30" when performing services on a client;

b. A table top or counter;

c. A client chair;

d. A dry, disinfected, covered receptacle to store disinfected tools and instruments; and

e. A container for contaminated tools or instruments;

2. One shampoo basin for each group of 10 students in attendance during lab or clinic instruction;

3. One hand-held hair dryer for each student in attendance during lab or clinic instruction;

4. One hooded dryer for each group of 20 students in attendance during lab or clinic instruction;

5. One high-frequency Tesla or violet-ray unit, including a facial and scalp electrode, for each group of 20 students in attendance during practical instruction;

6. Two electric clippers in the school;

7. Depilatories;

8. Chemical hair straighteners;

9. One nail technology table with a 12" x 18" or larger top for each group of 10 students in attendance during practical instruction;

10. A facial work station for each group of 10 students in attendance and receiving lab or clinic aesthetics instruction;

11. A receptacle, large enough to completely immerse two feet for each group of 10 students in attendance during lab or clinic nail technology instruction;

12. Two nail drills for filing and buffing in the school; and

13. Nail products for acrylics, gels, tips, wraps, and polishing.

B. Each school shall provide a student training kit for each enrolled student a nonreturnable student training kit. The kit shall contain at a minimum, the following:

1. One standard textbook for professional cosmetologists;

2. One copy of Arizona cosmetology statutes and rules;

3. One disinfected, covered container to store disinfected tools and instruments; and

4. A container for contaminated tools or instruments.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-207. Nail Technology School Requirements

A. A school that provides nail technology 600-hour training for students, 350-hour training for instructors, or both, shall provide the following minimum facilities, tools, instruments, equipment, supplies, and materials, in addition to those required by R4-10-203 and R4-10-204:

1. A work station to perform nail technology services for the public for each student in attendance containing:

a. A nail technology table with a top 32" x 16" or larger;

b. A client chair;

c. A nail technology chair or stool;

d. A disinfected, covered container to store disinfected tools and instruments as specified in R4-10-112;

e. A container with wet disinfectant as specified in R4-10-112;

f. A container for soiled tools or instruments as specified in R4-10-112;

g. A waste receptacle as specified in R4-10-112; and

h. A disinfectant for blood or body-fluid exposure as specified in R4-10-112.

2. One container large enough to completely immerse two feet, for every five students in attendance during practical training;

3. Nail products for acrylics, gels, tips, wraps, and polishing; and

4. One ultraviolet light.

B. Each enrolled nail technology student shall have a training kit containing:

1. One simulated hand;

2. Disinfected tools and instruments including pusher, nipper, file or porous emery boards, tweezer, nail brush, and finger bowl;

3. One covered container to store disinfected tools and implements as specified by R4-10-112;

4. A container for soiled tools and instruments as specified in R4-10-112;

5. A current instruction manual or textbook of nail technology and Arizona cosmetology laws and rules;

6. Artificial nail enhancement kit with remover, wrap kit, two dappen dishes, polish kit, nail forms, finishing tools and instruments, and one brush product applicator; and

7. One electric nail file.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 11 A.A.R. 4239, effective December 5, 2005 (Supp. 05-4).

R4-10-208. Combined School Requirements

A. A licensed school shall ensure that the following hours are taught to a student enrolled in the specific curriculum before allowing the student to graduate:

1. Aesthetics course - 600 hours,

2. Aesthetics instructor course - 500 hours,

3. Cosmetology course - 1600 hours,

4. Cosmetology instructor course - 650 hours,

5. Nail technology course - 600 hours, and

6. Nail technology instructor course - 350 hours.

B. A school that provides training in all of the above courses shall have the minimum records, facilities, equipment, supplies, and materials required by:

1. R4-10-203,

2. R4-10-204,

3. R4-10-205 except subsection (A)(1) is one work station for each two aesthetics students in attendance,

4. R4-10-206, and

5. R4-10-207 except subsection (A)(1) is one work station for each two nail technology students in attendance.

C. A school that provides the curriculum specified in subsections (A)(3), (A)(4), (A)(5), and (A)(6) only shall have the minimum records, facilities, equipment, supplies, and materials required by:

1. R4-10-203,

2. R4-10-204,

3. R4-10-206, and

4. R4-10-207 except subsection (A)(1) is one work station for each two nail technology students in attendance.

D. A school that provides the curriculum specified in subsections (A)(1), (A)(2), (A)(3), and (A)(4) only shall have the minimum records, facilities, equipment, supplies, and materials required by:

1. R4-10-203,

2. R4-10-204,

3. R4-10-205 except subsection (A)(1) is one work station for each two aesthetics students in attendance, and

4. R4-10-206.

E. A school that provides the curriculum specified in subsections (A)(1), (A)(2), (A)(5) and (A)(6) only shall have the minimum records, facilities, equipment, supplies, and material required by:

1. R4-10-203,

2. R4-10-204,

3. R4-10-205, and

4. R4-10-207.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 11 A.A.R. 4239, effective December 5, 2005 (Supp. 05-4).

R4-10-209. Demonstrators; Exclusions

A. A person who does not hold an instructor license shall not teach in a school but may demonstrate to enrolled students any process, product, or appliance when an instructor is present and observing the demonstration.

B. When demonstrating on a model, the demonstrations shall be confined to an explanation of the products, procedures, and appliances being promoted.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2).

ARTICLE 3. STUDENTS

R4-10-301. Instruction; Licensed Individuals

Licensed schools that provide instruction for licensed individuals pursuant to this Article shall:

1. Keep a record of the date, time, title, and name of the provider of the course along with the attendee's name and license number;

2. Ensure that the instruction consists of professional development related to scope of practice as specified by A.R.S. § 32-501; and

3. Ensure that hours are not granted toward licensing unless it is part of the approved course and provided by or in the presence of a licensed instructor.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 14 A.A.R. 2083, effective July 5, 2008 (Supp. 08-2).

R4-10-302. Instructor Curriculum Required Hours

A. Each student in an aesthetics, cosmetology, or nail technology instructor course shall complete the number of hours listed in Table 1:

Table 1: Instructor Curriculum (in hours)

 

Subject

 

Aesthetics

 

Cosmetology

Nail
Technology

1. Orientation and Arizona laws and rules

8

8

8

2. Theory, Preparation, and Practice
Curriculum Development

Developing and Using
Educational Aids

Presentation Principles
(Practical and Written)

Classroom Management

Evaluation, Assessment, and
Remediation Methods
(Practical and Written)

Diversity in learning
(including cultural)

Methods of Teaching

Professional Development
(including ethics)

Alternative Learning
[see subsection (B)]

405

405

270

3. Lab (clinic) oversight

87

237

72

4. Total Hours

500

650

350

B. Curriculum hours may be satisfied in part by completing a course at an accredited college or university described in R4-10-101(15)(c) and (d), for no more than nine credit hours for cosmetology or aesthetics and no more than six credit hours for nail technology and encompassing the subjects listed under Theory, Preparation, and Practice in subsection (A) with each college credit hour equaling no more than 30 clock hours.

C. All instruction given by a student instructor shall be under the direct supervision and observation of a licensed instructor.

D. A student instructor shall be counted as a student for the purpose of determining the maximum allowed ratio of 40 students during a theory class and 20 students during a lab or clinic for each licensed instructor in the school.

E. A student instructor shall not instruct students or check student services performed on the public until the student instructor has received at least 80 hours of basic instructor training.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 11 A.A.R. 4239, effective December 5, 2005 (Supp. 05-4).

R4-10-303. Aesthetics Curriculum Required 600 Hours

A. Each student in an aesthetics course shall complete the following curriculum:

1. Theory of aesthetics, infection control, anatomy, physiology and histology of the body, diseases and disorders, and Arizona cosmetology laws and rules; and

2. Clinical and laboratory aesthetics including theory that involves all skin types:

a. Principles and practices of infection control and safety;

b. Recognition of diseases and the treatment of disorders of the skin;

c. Interpersonal skills and professional ethics;

d. Clinical and laboratory practice that includes face and body;

e. Morphology and treatment of skin, including face and body, by hand and machine;

f. Product pharmacology and chemistry interaction, formulation, composition, and hazards;

g. Aesthetics machines, tools, and instruments and their related uses;

h. Alternative skin technology;

i. Pre- and post-client consultation, documentation, and analysis;

j. Spa body modalities;

k. Exfoliation modalities;

l. Body and face massage and manipulations;

m. Body and facial hair removal except by electrolysis;

n. Introduction to electricity and light therapy for cosmetic purposes including laser/Intense Pulsed Light (IPL) procedures and devices;

o. Cosmetic enhancement applications; and

p. Required industry standards and ecology, including monitor duties.

B. An aesthetics school shall not receive remuneration for a student performing clinical services to the public until the student has received at least 120 hours of aesthetics training; and

C. Each student shall be evaluated for progress and provided suggested remediation of deficiencies.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 11 A.A.R. 4239, effective December 5, 2005 (Supp. 05-4). Amended by final rulemaking at 14 A.A.R. 2083, effective July 5, 2008 (Supp. 08-2).

R4-10-304. Cosmetology Curriculum Required 1600 Hours

A. Each student in a cosmetology course shall complete the following curriculum:

1. Theory of cosmetology, infection control, anatomy, physiology and histology of the body, electricity, diseases and disorders, and Arizona cosmetology laws and rules; and

2. Clinical and laboratory cosmetology including theory that involves nails, hair, and skin:

a. Principles and practices of infection control and safety;

b. Recognition of diseases and the treatment of disorders of the hair, skin, and nails;

c. Morphology and treatment of hair, skin, and nails;

d. Interpersonal skills and professional ethics;

e. Product pharmacology and chemistry interaction, formulation, composition, and hazards;

f. Cosmetology machines, tools, and instruments and their related uses;

g. Chemical texturizing;

h. Changing existing hair color;

i. Hair and scalp care;

j. Fundamentals of hairstyling including braiding and extensions;

k. Body, scalp, and facial massage and manipulations;

l. Hair cutting fundamentals;

m. Fundamental aesthetics of the body and face;

n. Fundamentals of nail technology;

o. Clinical and laboratory practice that includes hair, skin, and nails;

p. Alternative hair, skin, and nail technology;

q. Pre- and post-client consultation, documentation, and analysis;

r. Body and facial hair removal except by electrolysis;

s. Introduction to electricity and light therapy for cosmetic purposes including laser/Intense Pulsed Light (IPL) procedures and devices;

t. Cosmetology technology; and

u. Required industry standards and ecology, including monitor duties.

B. A cosmetology school shall not receive remuneration for a student performing any clinical services, except shampooing, to the public until the student has received at least 300 hours of cosmetology training; and

C. Each student shall be evaluated for progress and provided suggested remediation of deficiencies.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 11 A.A.R. 4239, effective December 5, 2005 (Supp. 05-4). Amended by final rulemaking at 14 A.A.R. 2083, effective July 5, 2008 (Supp. 08-2).

R4-10-305. Nail Technology Curriculum Required 600 Hours

A. Each student in a nail technology course shall complete the following curriculum:

1. Theory of nail technology; infection control; diseases and disorders of the nails and skin; anatomy; physiology and histology of the limbs, nails, and skin structures; and Arizona state cosmetology laws and rules; and

2. Clinical and laboratory nail technology including theory that involves nails, skin, and limbs:

a. Principles and practices of infection control and safety;

b. Recognition of diseases and the treatment of disorders of the nail and skin;

c. Massage and manipulation of the limbs;

d. Interpersonal skills and professional ethics;

e. Product pharmacology and chemistry interaction, formulation, composition, and hazards;

f. Nail technology machines, tools, and instruments and their related uses;

g. Clinical and laboratory practice that includes nails, skin, and limbs;

h. Pre- and post-client consultation, documentation, and analysis;

i. Manicuring, including use of nippers;

j. Pedicuring, including use of nippers;

k. Artificial nail enhancements (application and removal);

l. Alternative nail technology;

m. Electric file use;

n. Pedicure spa modalities;

o. Exfoliation modalities on limbs or the body; and

p. Required industry standards and ecology, including monitor duties.

B. A nail technology school shall not receive remuneration for students performing clinical services to the public until the student has received at least 80 hours of nail technology; and

C. Each student shall be evaluated for progress and provided suggested remediation of deficiencies.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 11 A.A.R. 4239, effective December 5, 2005 (Supp. 05-4).

R4-10-306. Curricula Hours

A. Hours of training received in an aesthetics, cosmetology, or nail technology course do not apply toward receiving an instructor's license.

B. Hours of training received in an instructor course do not apply toward receiving an aesthetician, cosmetologist, or nail technician license but may apply toward reactivation of an aesthetics, cosmetology, or nail technology license if the instructor hours are received after inactive status occurs.

C. The following hours may apply toward licensing:

1. 100% of the hours of training received in a nail technology course toward a cosmetologist license;

2. 100% of the hours of training received in an aesthetics course toward a cosmetologist license;

3. 100% of the hours of combined training received in an aesthetics course and a nail technology course toward a cosmetology license but the combined total shall not exceed 600 hours;

4. 15% of the hours of training received in a cosmetology course toward a nail technician license;

5. 15% of the hours of training received in a cosmetology course toward an aesthetician license;

6. 33% of the hours of training received in a nail technology course toward an aesthetics license;

7. 66% of the hours of training received in an aesthetics course toward a nail technology license;

8. 50% of the hours of training received in a barber course toward a cosmetologist license;

9. 200 hours of training received for a registered nurse (RN) or clinical nurse specialist (CNS) license toward an aesthetician license;

10. 100% of the hours of training received by a licensed cosmetologist in a nail technology instructor course toward an aesthetics instructor course; however, the remaining required hours shall be received in an aesthetics or cosmetology school;

11. 100% of the hours of training received by a licensed cosmetologist in a nail technology instructor course toward a cosmetology instructor course; however, the remaining required hours shall be received in a cosmetology school;

12. 100% of the hours of training received by a licensed cosmetologist in an aesthetics instructor course toward a cosmetology instructor course; however, the remaining required hours shall be received in a cosmetology school;

13. 100% of the hours of training received in a barber instructor course toward a cosmetology instructor course; however, the remaining required hours shall be received in a cosmetology school. One year of licensed barber experience is the same as one year of licensed cosmetology experience for the purpose of qualifying for the cosmetology instructor examination specified by A.R.S. § 32-531; and

14. Hours transferred to another course shall be used only once.

D. At the completion of a course of instruction, the cumulative hours for students shall, at a minimum, conform with R4-10-301, R4-10-302, R4-10-303, R4-10-304, R4-10-305, and R4-10-306 as applicable.

E. Infection control, disinfection procedures, and safety issues shall be taught with every subject and every procedure.

F. Alternative learning hours are hours that a school may authorize to enable a student to pursue knowledge of cosmetology in an alternative format or location other than a salon. A school shall not credit a student with more than 20% of the total hours required for graduation, earned during enrollment at the school, as alternative learning hours.

G. A school that provides alternative format or location in subsection (F) shall include details of the format and location in the school policy and procedures in the school catalog.

H. Up to 16 hours of field trips may be granted toward licensing if the field trips for which those hours were granted are part of the approved course of instruction and are provided by or in the presence of a licensed instructor.

I. If a school physically closes while providing curricula in an alternative format or location or while conducting a field trip, the school shall:

1. Post a notice that is visible to the public and students; and

2. Send a notice to the Board indicating the times and location where the curricula is being conducted.

J. A student instructor may obtain lab (clinic) hours in a licensed school other than the licensed school in which the student instructor is enrolled if the student:

1. Has available proof of enrollment in a licensed school to show to a Board inspector, and

2. Earns no more than the lab (clinic) hours required by R4-10-302.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Amended by final rulemaking at 11 A.A.R. 4239, effective December 5, 2005 (Supp. 05-4). Amended by final rulemaking at 14 A.A.R. 2083, effective July 5, 2008 (Supp. 08-2).

ARTICLE 4. SALONS

R4-10-401. Application for a Salon License

An applicant for a salon license shall submit:

1. An application on a form provided by the Board that contains:

a. The applicant's name, address, telephone number, federal tax identification number, and signature;

b. If the applicant is a partnership, each partner's name, address, and an identification of whether each is a limited or general partner;

c. If a corporation, the state of incorporation and the name, title, and address of each officer of the corporation and the statutory agent;

d. The name of the salon as registered with the Secretary of State;

e. If a location change, the previous address;

f. A history of the salon including:

i. If the location was previously licensed by the Board, the name of the previous establishment;

ii. The name of each business operating at the salon address; and

iii. A statement of whether a cosmetology license of the applicant, any partner of the applicant, or any corporate officer has ever been suspended or revoked by any state or foreign country.

2. If a corporation, the articles of incorporation and a Certificate of Good Standing from the Corporation Commission;

3. If a partnership, a copy of the partnership agreement;

4. A signed statement that the establishment is in compliance with all Board statutes and rules and has all of the following in the salon:

a. Wet disinfectant;

b. A dry, closed, disinfected container to store disinfected tools and instruments;

c. A sink or shampoo bowl with hot and cold running water that is not also used as a dispensary or restroom sink as required by R4-10-403;

d. A station;

e. A restroom; and

f. Notice posted for activities performed in the salon but not regulated by the Board; and

5. The fee required in R4-10-102.

Historical Note

Adopted effective April 9, 1996 (Supp. 96-2). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-402. Changes Affecting a Salon License

A. An owner shall apply for a new salon license when:

1. The salon address changes;

2. The name of a salon changes;

3. The controlling ownership in the corporation is transferred or the corporation is reorganized; or

4. The corporation, limited liability company, or partnership has a change of any corporate officer, partner, or statutory agent.

B. The salon owner and manager shall ensure that a Board-issued license, indicating proper ownership, is posted in the salon before opening for business.

Historical Note

Former Section R4-10-402 renumbered to R4-10-403; new Section adopted by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-403. Salon Requirements and Minimum Equipment

A. A salon shall perform services for the public according to the type of license issued.

B. Salons shall have enough equipment, materials, supplies, tools, and instruments to ensure infection control and safety for the public and employees.

C. Each salon shall have:

1. A work station for each employee or person using space within the salon; and

2. If the salon is a cosmetology salon, a minimum of one shampoo bowl and one hair dryer that may be a blow dryer, and if the salon is an aesthetics or nail technology salon, a minimum of one sink in addition to the restroom or dispensary sink.

D. Aestheticians, cosmetologists, and nail technicians shall have enough equipment, materials, supplies, tools, and instruments to ensure infection control at all times and disinfection between clients.

Historical Note

Adopted April 9, 1996 (Supp. 96-2). Former Section R4-10-403 renumbered to R4-10-404; new Section R4-10-403 renumbered from Section R4-10-402 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-404. Mobile Services

A. If mobile services are provided as an extension of a licensed salon the mobile service shall advertise using the licensed name of the salon. The licensed salon owner and manager shall ensure that the mobile services comply with the Board's statutes and rules.

1. A salon providing mobile cosmetology, nail technology, or aesthetics services shall post licenses as required by R4-10-111.

2. A salon shall make client appointments through the licensed salon using an appointment book that lists the appointments and locations where services are performed.

3. Mobile services are subject to inspection by the Board at any time.

4. If a retrofitted mobile vehicle is used to provide mobile services, the salon owner and manager shall ensure that the vehicle has the same equipment as specified by R4-10-403 and complies with safety and infection control requirements specified by R4-10-112.

5. If mobile services are provided in a location other than a retrofitted mobile vehicle, the salon owner and manager shall ensure that equipment is disinfected before use and stored as specified in R4-10-112.

B. If a retrofitted motor vehicle is used exclusively as a mobile facility that is dispatched from a business address, the owner and manager of the mobile facility shall:

1. Comply with all salon requirements;

2. Comply with all infection control and equipment requirements;

3. Maintain a complete and current list of appointment locations at the business address and display the list in a location listed on the salon application that is available to an inspector at all times when the retrofitted motor vehicle is open for business; and

4. Comply with other statutes and rules of the Board.

Historical Note

Adopted April 9, 1996 (Supp. 96-2). Former Section R4-10-404 renumbered to R4-10-405; new Section R4-10-404 renumbered from Section R4-10-403 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 12 A.A.R. 807, effective April 8, 2006 (Supp. 06-1).

R4-10-405. Shampoo Assistants

A. People who are not licensed by the Board may be hired as shampoo assistants to shampoo and apply cream rinse to an individual's hair, comb the hair to remove tangles, and remove rollers and clippies.

B. Shampoo assistants shall not apply conditioners, reconstructors, hair color, permanent wave solution or neutralizer, or remove rods, tint, relaxers, or other solutions from the hair.

Historical Note

New Section R4-10-405 renumbered from Section R4-10-404 by final rulemaking at 5 A.A.R. 1791, effective May 18, 1999 (Supp. 99-2).


Scott Cancelosi
Director
Public Services Division

A.A.C. Table of Contents

Commercial Use Fees of this Chapter


Editor
Arizona Administrative Code