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Board News NorthwestOctober 15 - November 15, 2006
Oregon News • click here for Washington News

Safety Is in Your Hands 

For the past year we’ve been exploring the frontiers of esthetics regulation to determine how best to protect the public without unnecessarily limiting the scope of practice of estheticians. 

While regulation of esthetics is an ongoing issue, we’d like to shift gears and discuss something so deceptively simple to public health and safety that we neglect to mention it often enough. 

Wash your hands 
That’s right.  That’s pretty much the message.  Wash your hands.   

“Thorough” hand washing is a requirement for cosmetologists in all four fields of practice under Oregon Administrative Rule (OAR) 817-015-0030(1).  You can use soap and water or “…other alternative hand-washing products, such as gel, aerosol spray, foam, or pre-packaged hand wipes, immediately before and after serving each client to prevent cross contamination and/or transmission of body fluids, infections or exposure to service-related wastes or chemicals.” 

You’ve probably already heard that frequent hand washing helps to prevent everything from the flu to the common cold.  Hand washing also helps to prevent spreading any other bug or microbe out there that could do harm to you or your clients. 

For example, methicillin-resistant staphylococcus aureus (MRSA) is an apparently new microbe causing a lot of concern among public health officials.  A Texas woman died from MRSA after she received a pedicure, but MRSA has also been spread during hospital surgeries and in other health care settings. 

MRSA is thought to be passed by local contact and often spread from hands to nose or other open membranes, according to a report from the Health and Safety Committee of the National-Interstate Council of State Boards of Cosmetology (NIC). 

Thankfully, Oregon has been spared headline-grabbing infection outbreaks that have occurred in California and other states.  However, several individual cases of bacterial skin infections have occurred in this state that may or may not have been connected to cosmetology facilities, so it’s not like we can let down our guard. 

And while there are many state requirements established to protect the safety and health of all Oregonians, the hand washing requirement is simple and easy to remember and follow.  This fall and winter the agency will be focusing our education efforts on revisiting safety and infection control requirements to keep the negative headlines at bay and continue to keep Oregonians safe and healthy. 

Kraig Bohot is Communications Officer at the Oregon Health Licensing Agency (OHLA), a state consumer protection agency providing centralized regulatory oversight of multiple health and related professions.  He can be reached at (503) 378-8667, ext. 4330 or at kraig.bohot@state.or.us.

REGULATORY UPDATE 

Pedicure Screens Must Be Cleaned After Each Use 

Due to continuing nationwide concerns related to bacterial infections from pedicure footbaths, Oregon is now requiring facilities to remove and clean drain screens after use on each client, rather than only at the end of the day. 

Oregon Administrative Rule (OAR) 817-010-0101(5) states that, “Foot spa equipment shall be cleaned and disinfected with a high-level disinfectant after use on each client.”   

The following three steps continue to be required after each client in addition to the requirement for cleaning the drain screen: 

Drain all water and remove all debris from the entire footbath, including the drain screen. 

Clean surfaces and walls of the footbath with soap or detergent and rinse with clean, clear water. 

Disinfect the entire footbath with bleach or an EPA-registered high-level disinfectant with demonstrated tuberculocidal activity used according to manufacturer’s instructions. The entire unit must be disinfected with a high-level disinfectant immediately after use on each client. 

Questions?  Contact OHLA at 503-378- 8667 or at ohla.info@state.or.us.

Policy Guideline: 

Nursing Scope of Practice for Cosmetic and Dermatologic Procedures 

Following is a draft of a policy statement for nurses resulting from a task force on which the Oregon Health Licensing Agency participated.  The following is directed at licensed nurses, NOT licensed estheticians.  We are providing our readers with this information to inform you of related developments in other professions.  Questions?  Contact OHLA at 503-378-8667 ext. 4330 or ohla.info@state.or.us. 

Statement of Purpose 
The purpose of this policy is to provide scope of practice clarification for Nurse Practitioners (NPs), Clinical Nurse Specialists (CNSs), Registered Nurses (RNs) and Licensed Practical Nurses (LPNs) who engage in cosmetic and dermatologic procedures.  These procedures include, but are not limited to: 

Body Treatment 

  • Cellulite; Lymphatic Drainage; Vacuum massage 

Light Treatment

  • Photodynamic (PDT); Infrared Light; Magenta Light; UVB Light; UVA Light 

Laser Treatments

  • Laser; Intense Pulsed Light; TriActive 

Peels/Topical

  • Chemical Peels; Microdermabrasion; Power Peel; Cryotherapy 

Radio Frequency and Currents

  • Micro Current; Ultrasound (for non-diagnostic use; therapeutic use only) 

Injectable Treatment

  • Botox®; Fillers; Sclerotherapy;  Mesotherapy 

Background Information 
As technology changes and practice evolves, nurses are increasingly involved in procedures of a cosmetic and/or dermatologic nature.  Many of the competencies required are not gained through basic nursing education.  As a result, nurses are often unclear about whether or not these procedures are within their scope of practice. 

Scope Statement 
The Oregon State Board of Nursing affirms that it is within the scope of practice for the LPN, RN, NP or CNS to engage in the above cosmetic and dermatologic procedures, if knowledge, skills and practice setting requirements are met. Additionally: 

A. The following procedures may be performed as part of personal care when incorporated into the nursing care plan for the patient:
1.  Manicures and pedicures
2.  Facials and facial massage 

B. The following procedures are not the practice of nursing but may be performed by the nurse if the nurse is licensed by the Oregon Health Licensing Agency to perform these services:
1. Permanent Color and Tattoos
2. Body Piercing
3. Body wraps, the application of bleaching agents, waxing, and airbrush tanning
4. Facials, facial massage not provided in the context of A. above
5. Manicures and pedicures not provided in the context of A. above 

C. When performed solely for esthetic purposes, the following procedures require additional licensure
by the OHLA:

1. Lymphatic Drainage
2. Vacuum Massage
3. Chemical Peels
4. Microdermabrasion
5. Laser Hair Removal 

D. NPs and CNSs may perform Sculptra® injections only under the circumstances listed below.  It is not within the scope of practice of the RN or LPN.
1.  The NP or CNS must have additional specialized training from a Sculptra® trainer.
2.  The NP or CNS must have direct supervision by a dermatologist or plastic surgeon who has the knowledge and ability to perform this procedure independently. 

E. The following procedures may not be performed by nurses in any licensure category:
1. Liposuction
2. Hair transplants
3. Implants other than those used for medication delivery
4. Thermage 

The OSBN policy statement also describes education and training, knowledge and skills and practice setting requirements for nurses. The policy statement will be posted to OSBN’s Web site at www.oregon.gov/OSBN.

Shear Numbers 

How many cosmetology practitioners and facilities are active in Oregon?  (Numbers in parentheses +/- change from previous month.)  According to Oregon Health Licensing Agency (OHLA) records as of September 29, 2006:

Practitioners:      28,488 (+108) 

Facilities:    4,414 (+15)

Independent contractors:    6,609 (+26) 

Certificate of ID:    188 (-3) 

Barbering:    9,282 (-204) 

Esthetics:    14,685 (-128) 

Hair Design:    20,760 (+63) 

Nail Technology:    15,943 (-154)


Washington Board News
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Inspections Deficiency Report 

August 2006 Deficiencies    Number of Deficiencies 

Unlicensed Operator    6 
Unlicensed Salon Shop    46 
Dispensary for chemicals (if chemicals are used)    9 
Hot and cold running water    9 
Chemicals stored and labeled according to manufacturer inst.    3 
Disinfected supplies, tools, equipment stored separately  from those that have been used    31 
First Aid supplies    19 
Licenses posted    87 
DOL notice posted    187 
Expired license    117 
Expired liability insurance    65 
Current photo not attached to license    12 
Disposable hand drying towels and single use soap not available    29 
Work stations, floors, walls, fixtures, ceiling free from dust, dirt and hair    116 
Hair not removed from floor after each service    26 
Waste receptacles emptied and disinfected daily    29 
Disposable products discarded in waste receptacle    32 
Creams, lotions, and fluids dispensed with disposable applicator, squeeze bottle, or pump    22 
Clean towel, capes, neck strips, or other sanitized supplies used for each client    6 
Clean reusable supplies and disinfect implements after each use    91

Disciplinary Action Taken by
Department of Licensing: 

The following individuals were ordered to Cease and Desist their practice and were fined $500: 

  • Theresa Azizeh—unlicensed salon shop 
  • James Boyer—unlicensed salon shop 
  • Candace Bryan—unlicensed salon shop 
  • Paulette Frazier—unlicensed salon shop 
  • Teresa Ilene Newton—operator
    The following individuals were ordered to Cease and Desist their practice and were fined $1,000: 
  • Julie McCants—
    unlicensed operator and salon shop 
  • Lena Shepard—
    unlicensed operator and salon shop 
  • Christine Provost—
    unlicensed operator and salon shop

Cosmetology Advisory Board News 

Attend a Board Meeting Soon! 
The Cosmetology Advisory Board meetings are held four times a year.  The meetings include discussions on proposed legislation, rules revision, upcoming events and any new updates from the Department of Licensing.  It provides a forum for anyone to sit in the audience and listen to the meeting and also an opportunity to give input to the board.  

Meeting Information: 
November 13, 2006, 9:00 a.m. 
Red Lion Hotel, Seattle Room 
18220 International Boulevard 
SeaTac, Washington

www.dol.wa.gov/plss/cosfront.htm 
Visit our Website!

For the most current information on the cosmetology program, visit our web site at www.dol.wa.gov/ plss/cosfront.htm. If you need to contact us, we can be reached at (360) 664-6626, or write to: 

Department of Licensing, Business and Profession Cosmetology Section 
PO Box 9048 
Olympia, Washington 9850
7

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