B&C Rules LCAR CleanSept 2005.wpd

ADMINISTRATIVE RULES

BOARD OF

BARBERS AND COSMETOLOGISTS

effective November 7, 2005

Pursuant to 26 V.S.A. § 276 the Board of Barbers and Cosmetologists adopts the following Administrative Rules.

Part 1. General Information

1.1 Introduction:

The Board of Barbers and Cosmetologists (which is referred to as "the Board") has been created and given powers by Vermont law. Its purpose is to protect public health, safety and welfare by setting standards, licensing only qualified applicants, and regulating licensees and their practices.

1.2 Laws Governing the Board:

(a) The Board is governed by specific state laws that establish its responsibilities for setting standards, issuing licenses and regulating the profession. Those laws are found in 26 V.S.A. Chapter 6 §§ 271-289 and Chapter 5, Subchapter 3 of Title 3 ( 3 V.S.A.§§ 121- 131). In addition, the Board must comply with several other state laws such as the "Administrative Procedure Act" (3 V.S.A. §§ 801-849), the "Open Meeting Law" (1 V.S.A. §§ 310-314), and the Access to Public Records Law ( 1 V.S.A. §§ 315-320). These laws set forth the rights of an applicant, license holder, or member of the public.

(b) The complete text of any of these laws should be available from any local town clerk or library. They are also available through the Vermont Statutes Online (www.leg.state.vt.us).

1.3 Statutes Govern: When rules and statutes are inconsistent, statutes govern.

Part 2. Definitions, Types of Licenses, Location of Practice

2.1 Definitions:

As used in these rules:

(a) “Active practice” means 2,500 hours of licensed practice within the preceding five years.

(b) "Antiseptic" means a substance that may kill bacteria or retard their growth. As a rule, antiseptics can be used safely on the skin.

(c) “Apprenticeship” means a period of study toward licensure under the direct supervision of a practitioner licensed in the profession for which licensure is sought. See rules specific to each profession governed by these rules.

(d) “Basic Facial” is contained within the definition of esthetics. It includes basic cleansing, toning, moisturizing, hand manipulation and massage. However, unlike esthetics, basic facials exclude microdermabrasion, chemical peels, and application using high frequency current.

(e) “Board” means the Board of Barbers and Cosmetologists.

(f) "Clean" means free of dust, visible dirt, hair, spills, smudges, and generally in order.

(g) "Communicable,” “Infectious,” or “Contagious" refers to a disease or condition which may be spread from one person to another by direct or indirect contact. Some of the more contagious or communicable diseases are tuberculosis, common cold, ringworm, scabies, head lice, pink eye, poison ivy, poison oak, flu, strep throat, chicken pox, and viral infections.

(h) "Compensation" means personal enrichment, other than satisfaction or training which is gained by the performance of a service. This includes pay for services, tips, and the exchange of services, as in bartering.

(i) “Delegating professional responsibilities” as used in 3 V.S.A. §129a referring to persons not qualified includes and means that a shop owner and designated licensee must verify the licensure or apprentice status and identity of each person working in his or her shop. This includes booth renters. Any person practicing a profession governed by these rules must display a license. See Rule 9.2(g).

(j) “Disposable article” or “single use article” means any article constructed and intended to be used one time on one person then immediately discarded.

(k) "Disinfectant" means a substance which will destroy most bacteria and is used to sanitize implements, equipment and furniture.

(l) "Licensure by Endorsement" refers to the process by which a person licensed in another state is permitted to obtain a Vermont license without taking all the examinations a new licensee is required to take.

(m) “Failure to practice competently” 3 V.S.A. § 129a, includes within its meaning performing treatments or providing services which he or she is not qualified to perform or provide, or which are beyond the scope of his or her education, training, capabilities, experience, or scope of practice.

(n) “Good Standing” means the licensee holds a current, unrestricted license and has not been subject to disciplinary action resulting in a finding of unprofessional conduct within the previous five years.

(o) "Licensee" is a person who has met the requirements under the law and has applied for and received a valid barber, cosmetologist, esthetician, manicurist (nail technician), shop, or school license.

(p) “Microdermabrasion” means a gentle, progressive, very superficial mechanical exfoliation of the uppermost layer of the stratum corneum using a closed-loop vacuum system that utilizes aluminum oxide or corundum crystals as the abrasive material. A gentle Microdermabrasion treatment is less aggressive and non-invasive than “standard” (or “clinical”) Microdermabrasion and does not remove epidermis below the stratum corneum. The licensee must not perform treatments that involve the live layers of the skin.

(q) "Multi-use Article" means any article intended to be used or actually used more than once on more than one person which can be sanitized or sterilized.

(r) “Office” means the Office of Professional Regulation.

(s) "Sanitize" means treatment by any process that safely reduces the bacterial count and destroys viruses, including pathogens to a safe level on instruments, equipment, and other articles.

(t) Scope and limitations of practice:

(1) “Barbering” means: “engaging in the continuing performance, for compensation, of any of the following activities: cutting, shampooing, or styling hair; shaving the face, shaving around the vicinity of the ears and neckline, or trimming facial hair; facials, skin care, or scalp massages, and bleaching, coloring, straightening, permanent waving hair or similar work by any means, with hands or mechanical or electrical apparatus or appliances.” 26 V.S.A. § 271(1). For purposes of these rules the term “facial” as applied to barbers means basic facials.

(2) "Cosmetology" means engaging in the continuing performance, for compensation in “work on the hair of any person, including dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similar work by any means, with hands or mechanical or electrical apparatus or appliances.” 26 V.S.A. § 271(3)(A). Cosmetology includes facials and manicuring. See, 26 V.S.A.§ 271(3)(B).

(A) For purposes of these rules the term “facial” as applied to cosmetologists means “basic facials.”

(B) For purposes of these rules the term “manicure” as applied to cosmetologists includes all aspects of manicure and pedicure practice, also known as nail technician practice.

(3) “Esthetics” means “massaging, cleansing, stimulating, manipulating, beautifying or otherwise working on the scalp, face or neck, by using cosmetic preparations, antiseptics, tonics, lotions or creams. "Esthetics" does not include the sale or application of cosmetics to customers in retail stores or customers' homes.” 26 V.S.A. § 271(5) Esthetics includes basic facials plus microdermabrasion as defined above, and chemical exfoliation.

(4) “Manicuring” or “nail technician practice” “means the nonmedical treatment of a person's fingernails or toenails or the skin in the vicinity of the nails, and includes the use of cosmetic preparations or appliances.” 26 V.S.A.§ 271(7).

(u) "Single-use Article" or disposable article means any article constructed and intended to be used one time on one person then immediately discarded.

(v) "Sterilize" means the process of rendering an object aseptic by the destruction of all bacteria and viruses.

(w) “Use of Lasers” means the use of laser technology for hair removal or other cosmetic purposes. Use of lasers is not permitted by these rules and is therefore prohibited.

(x) “Limit on the Scope of Practice” includes the use of any procedure in which human tissue is cut or altered by mechanical or energy form, including electrical or laser energy or ionizing radiation. Such procedures are prohibited for all individuals licensed under this chapter unless permitted under the supervision of a licensed health care practitioner acting within the scope of his or her license.

(y) Body piercing including ear piercing is not part of the scope of practice for which the board issues a license. Licensees may perform some ear piercing as limited by law. Any licensee who wishes to perform any body piercing, including ear piercing, should be sure to refer to the rules and statutes governing tatooists and body piercers to ensure compliance with the law. See, http://vtprofessionals.org/opr1/tattooists/ .

2.2 Types of Licenses: Practitioners are licensed as barbers, or cosmetologists, or estheticians, or manicurists (nail technicians). Licensees with proper qualifications who meet the requirements herein may hold more than one license.

2.3 Multiple Licensure Allowed:

(a) Persons possessing a cosmetology license issued before the effective date of these rules may continue under their scope of practice to perform esthetician or manicurist services as defined by these rules.

(b) A person in good standing holding a Vermont cosmetology license issued before the effective date of these rules may obtain an additional esthetician license or manicurist (nail technician) license by paying the appropriate fee and successfully completing that profession’s licensing examination.

(c) A duly qualified cosmetology applicant may obtain an additional license as a manicurist (nail technician) at the time of cosmetology licensure, by submitting an application to the office and paying the additional manicurist (nail technician) licensing fee, and successfully completing the examination to be a nail technician.

2.4 Location of Practice: The practices of barbering, cosmetology, esthetics, or manicure and pedicure (nail technician) are permitted only in shops licensed by the board, except as permitted in sections 281 and exempted by section 273(3) of Title 26.

2.5 Display of License: Any person practicing a profession governed by these rules must display a license. See Rule 9.2(g). Each person practicing a profession subject to these rules is required to have in his or her possession a current Vermont Photo Operator’s License or current Vermont State issued photo identification.

Part 3. Information for Applicants

3.1 Application for Licensure:

Applications and information about the types of licenses and their requirements are available from the Office and on line. See, http://vtprofessionals.org . An applicant shall submit a fully completed application form with all supporting documentation and the fee to the Office. The Board reviews applications only after the fully completed application and documentation is received, including evidence of any required education, supervision, employment, evidence of a license in another jurisdiction and its licensing standards, or other licensing standards.

3.2 Licenses and First Renewal: An applicant issued an initial license within 90 days of the renewal date will not be required to renew or pay the renewal fee. The license will be issued through the next full license period. An applicant issued an initial license more than 90 days prior to the renewal expiration date will be required to renew and pay the renewal fee.

3.3 License Denials, Hearings, Appeals:

(a) If the Board preliminarily denies an application for a license or renewal, the Board shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition with the Board for review of its preliminary decision within 30 days of the date on which the notice is mailed. After the hearing, the Board shall affirm or reverse the preliminary denial, explaining the reason therefore in writing.

(b) A party aggrieved by a final decision of the Board may appeal in the manner provided by section 130a of Title 3. The review shall be conducted on the basis of the record created before the Board. Each decision by the Board shall inform parties of their appellate rights.

3.4 General Requirements for Apprenticeships (Specifics for Each Profession Set Forth Later in These Rules):

(a) Each apprentice shall receive his/her instruction from a supervising licensee in good standing who has been licensed and in active practice for a minimum of five (5) consecutive full-time years immediately prior to the time of the apprenticeship. The supervising licensee is permitted to supervise only an apprentice seeking the same license which the supervisor possess. (For example, a barber may only supervise an apprentice training to obtain a barber license, a cosmetologist may only supervise an apprentice training to obtain a cosmetologist license, etc.)

(b) Prior to the beginning of the apprenticeship, the supervisor must indicate on a form provided by the Board that the licensee accepts the responsibility to train and supervise the apprentice according to the requirements of Title 26 Chapter 6 and these rules. An apprentice may transfer to another shop apprenticeship or supervisor after Board approval of an “Acceptance of Responsibility” form (as above) from a licensee/supervisor in good standing.

(c) A supervisor may accept responsibility for only one apprentice at any given time. The apprentice is not permitted to work if the supervisor is not physically present.

(d) The supervisor shall keep a weekly record of the apprentice's attendance, a copy of which must be provided to the apprentice. The weekly record shall include:

(1) name of the apprentice;

(2) name and address of the shop;

(3) dates the apprentice worked;

(4) total number of hours worked during the week;

(5) work processes performed on the days the apprentice worked;

(6) signature of the supervisor; and

(7) signature of the apprentice.

(e) The shop owner shall post a copy of the Board’s “Apprentice Approval Letter,” with the other licenses at eye level at the front entrance of the shop.

(f) An apprentice shall spend no more than 30 minutes a day cleaning during hours that are being documented as part of the apprenticeship requirement.

(g) An apprentice shall wear a badge or name tag which shall also state “Apprentice.”

(h) These rules do not govern whether or not the apprentice is paid money or a stipend.

(i) Once apprentice training is completed, no person may practice until he or she has successfully completed required examinations and has been issued a license by the Board.

(j) An apprenticeship ends when the applicant receives his or her licensing examination score results (pass or fail) or reaches the maximum number of hours for the internship, which ever occurs first.

(k) A person who has completed an apprenticeship to become a cosmetologist is deemed to have satisfied the apprenticeship requirements for manicurists (nail technicians).

(l) Limitation: A person who has completed the required apprenticeship period cannot continue to practice as an apprentice.

Part 4. Examination(s)

4.1 Information about Examinations: The examinations required for licensure may be administered by an examination service approved by the Board. Applicants wishing to be examined for licensure as a barber, cosmetologist, esthetician or manicurist (nail technician) should contact the Office or its designee to obtain information on the examination.

4.2 Retaking Examinations, Fees: An applicant may take or retake an examination for licensure only after payment of the applicable examination fee.

4.3 Partial Credit: Applicants who are required to successfully complete national examinations and who do not pass all sections can receive credit for the portion passed. They must re-take the portions of the examination failed.

4.4 Validity of Scores: Passing scores will remain valid for one year only. Applicants who do not successfully complete all portions of the examination within one year must retake the entire examination.

(a) For example: On June 1 the applicant passes the practical portion of the exam, but fails the written portion. So long as the written exam is passed by the following May 31, the applicant is not required to retake the practical portion. If the entire exam is not successfully completed by May 31, the applicant loses credit for the practical portion and must take the entire examination as if for the first time. There is no limit on the number of times a person may take the licensing examination.

Part 5. Barber Licensure

5.1 Barber Licensure Explanation: Qualifications for barber licensure are outlined in 26 V.S.A. §277. Licenses are issued by examination or endorsement.

5.2 Applicants for barber licensure by examination shall comply with either section (a) or (b) below:

(a) Formal Education: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an accredited barber school program of 1,000 hours: they must also:

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination; and

(6) for only so long as 26 V.S.A. § 277 continues to require it, complete a 12 month apprenticeship.

(b) Apprenticeship: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an apprenticeship of no less than 12 months or no more than 36 months and consisting of no fewer than 2,000 hours and no more than 3,000 hours; they must also:

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination.

(6) A person who has completed the required apprenticeship period cannot continue to practice as an apprentice. Once apprentice training is completed, no person may practice until he or she has successfully completed required examinations and has been issued a license by the Board.

5.3 Applicants for barber licensure by endorsement shall:

(a) have a current barber license in good standing in another jurisdiction;

(b) whose laws the Board considers to be substantially equal to those of this state;

or,

(c) If licensed and in good standing in another state whose laws the Board does not consider to be substantially equal to those of this state, the applicant may be issued a license if the applicant has been in active practice for the period specified in 26 V.S.A. § 289 immediately preceding application. The Board may grant a license if the Board determines that the applicant’s experience provides assurance of competency in areas in which the other state’s licensing standards are not substantially equal to those of this state;

and

(d) successfully complete the Vermont laws and rules examination.

5.4 Those not Eligible for Endorsement: An applicant who does not meet the requirements for licensure by endorsement must satisfy the requirements of 26 V.S.A. § 277 and Rule 5.2.

5.5 Beginning a Barber Apprenticeship

(a) Applications must be filed with the Office prior to the beginning of the apprenticeship. If the proposed apprenticeship satisfies the requirements of these rules, the Board will issue a letter of approval. The apprentice shall not touch a paying customer prior to receipt of the approval letter and completion of 500 hours of study. The apprenticeship is intended to provide continuous week-by-week supervised practical experience equivalent or greater to the supervised practicum provided in a traditional school.

(b) In no instance can the apprenticeship extend beyond 36 months.

5.6 Education Component:

The apprenticeship must include subjects as presented by standard cosmetology and barbering text books and shall include:

(a) anatomy and physiology, specific to the industry license;

(b) bacteriology, including the spread of and control of contagious or infectious diseases, contamination and decontamination, sterilization, sanitation, and basic cleanliness in general and as it pertains to the barber and cosmetology industry and state requirements; and

5.7 Competencies Acquired: At the conclusion of the barber apprenticeship, the apprentice shall have acquired the following competencies:

(a) shampooing;

(b) hair cutting, hairstyling, and hair shaping;

(d) permanent waving and straightening;

(e) hair analysis & scalp treatments;

(f) basic facials;

(g) clipper cutting;

(h) straight razor shaves and beard trim;

(i) sanitation and sterilization techniques for all equipment, supplies, general and specific chemical and waste storage areas;

(j) sanitary personal health and hygiene understanding

(k) safe chemical storage, use, and disposal and reference material requirements;

(l) sanitation, sterilization, hazardous substances, hygiene, anatomy;

(m) professional ethics, and;

(n) knowledge of the history of the profession.

5.8 Transfer of School Hours: Persons who within three (3) months of applying for an apprenticeship have successfully completed barbering training consisting of 500 hours or more in a trade or vocational school, or a school of barbering, or school of cosmetology offering a program in barbering, or in an accredited program or course of barbering studies approved by the Board, may upon proper documentation, apply no more than 500 hours toward the barber’s apprenticeship.

Part 6. Cosmetologist Licensure

6.1 Cosmetologist License Explanation: Qualifications for cosmetology licensure are outlined in 26 V.S.A. §278. Licenses are issued by examination or endorsement.

6.2 Applicants for cosmetology licensure by examination shall comply with either section (a) or (b) below:

(a) Formal Education: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an accredited school of cosmetology approved by the Board of at least 1,500 hours of which a portion shall be sufficient to assure competence in nail technician practice;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination.

(b) Apprenticeship: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an apprenticeship of not less than 12 months nor more than 36 months and consisting of no fewer than 2,000 and no more than 3,000 hours;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination.

6.3 Applicants for cosmetology licensure by endorsement shall:

(a) have a current cosmetology license in good standing in another jurisdiction;

(b) whose laws the Board considers to be substantially equal to those of this state;

or;

and;

(d) successfully complete the Vermont laws and rules examination.

6.4 Those Not Eligible for Endorsement: An applicant who does not meet the requirements for licensure by endorsement must satisfy the requirements of 26 V.S.A. § 278 and Rule 6.2.

6.5 Beginning a cosmetology apprenticeship:

(a) Applications must be filed with the Office prior to the beginning of the apprenticeship. If deemed appropriate, the Board will issue a letter of approval. The apprentice shall not touch a paying customer prior to receipt of the approval letter and completion of 500 hours of study. The apprenticeship is intended to provide continuous week-by-week supervised practical experience equivalent or greater to the supervised practicum provided in a traditional school.

(b) In no instance can the apprenticeship extend beyond 36 months.

6.6 Education Component:

The apprenticeship must include subjects as presented by standard cosmetology and barbering text books which shall include:

(a) anatomy and physiology, specific to the industry license;

(b) bacteriology including the spread of and control of contagious or infectious diseases, contamination and decontamination, sterilization, sanitation, and basic cleanliness in general and as it pertains to the barber and cosmetology industry and state requirements; and

6.7 Competencies Acquired: At the conclusion of the cosmetology apprenticeship, the apprentice shall have acquired the following competencies:

(a) shampooing;

(b) hair cutting, clipper cutting, hairstyling, and hair shaping;

(d) permanent waving and straightening;

(e) hair analysis & scalp treatments;

(f) basic facials;

(g)waxing;

(h) manicuring and pedicuring (nail technician practice);

(i) finger waving pin curls/roller formation;

(j) sanitation and sterilization techniques for all equipment, supplies, general and specific chemical and waste storage areas;

(k) sanitary personal health hygiene understanding;

(l) safe chemical storage, use, and disposal and reference material requirements;

(m) sanitation, sterilization, hazardous substances, hygiene, anatomy, and;

(n) professional ethics.

6.8 Transfer of School Hours: Persons who within three (3) months of applying for an apprenticeship have successfully completed cosmetology training consisting of 500 hours or more in a trade or vocational school, or a school of cosmetology, or in an accredited program or course of studies in cosmetology approved by the Board, may upon proper documentation, apply no more than 500 hours toward the cosmetologist apprenticeship.

Part 7. Esthetician Licensure

7.1 Esthetician License Explanation: Qualifications for esthetician licensure are outlined in 26 V.S.A. §279. Licenses are issued by examination or endorsement.

7.2 Applicants for esthetician licensure by examination shall comply with either section (a) or (b) below:

(a) Formal Education: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an accredited school of cosmetology or training program of esthetics approved by the Board of at least 600 hours;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination.

(b) Apprenticeship: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an apprenticeship of not less than 12 months or more than 18 months consisting of no fewer than 800 and no more than 1,200 hours;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination;

(6)Limitation: A person who has completed the required apprenticeship period cannot continue to practice as an apprentice. Once apprentice training is completed, no person may practice until he or she has successfully completed required examinations and has been issued a license by the Board.

7.3 Applicants for esthetician licensure by endorsement shall:

(a) have a current esthetician license in good standing in another jurisdiction;

(b) whose laws the Board considers to be substantially equal to those of this state;

or;

and;

(d) successfully complete the Vermont laws and rules examination.

7.4 Those Not Eligible for Endorsement: An applicant who does not meet the requirements for licensure by endorsement must satisfy the requirements of 26 V.S.A. § 279 and Rule 7.2.

7.5 Beginning an Esthetician Apprenticeship

(a) Applications must be filed with the Office prior to the beginning of the apprenticeship. If deemed appropriate, the Board will issue a letter of approval. The apprentice shall not touch a paying customer prior to receipt of the approval letter and completion of 100 hours of study. The apprenticeship is intended to provide continuous week-by-week supervised practical experience equivalent or greater to the supervised practicum provided in a traditional school.

(b) In no instance can the apprenticeship extend beyond 18 months.

7.6 Education Component

The apprenticeship must include subjects as presented by standard cosmetology and barbering text books which shall include:

(a) anatomy and physiology, specific to the industry license;

7.7 Competencies Acquired: At the conclusion of the esthetician apprenticeship, the apprentice shall have acquired the following competencies:

(a) facial treatments;

(b) chemical peels, exfoliation;

(d) makeup techniques and services;

(e) mask therapy;

(f) chemicals;

(g) electrical machines used in esthetics;

(h) eyebrow arching and hair removal;

(i) sanitation and sterilization techniques for all equipment, supplies, general and specific chemical and waste storage areas;

(j) sanitary personal health and hygiene understanding;

(k) safe chemical storage, use, and disposal and reference material requirements, and;

(l) sanitation, sterilization, hazardous substances, hygiene, anatomy, laws, rules, regulations;

professional ethics.

7.8 Transfer of School Hours: Persons who have successfully completed esthetician training consisting 200 hours or more in a trade or vocational school or a program of esthetics approved by the Board within three (3) months of applying for an apprenticeship may, upon proper documentation, apply no more than 200 hours toward the apprenticeship.

Part 8. Manicurist (Also Known as “Nail Technician”) Licensure

8.1 Manicurist License Information: Qualifications for manicurist licensure are outlined in 26 V.S.A. §280. Licenses are issued by examination or endorsement.

8.2 Applicants for manicurist (nail technician) licensure by examination shall comply with either section (a) or (b) below:

(a) Formal Education: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an accredited school of cosmetology or nail technician program approved by the Board of at least 400 hours;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination.

(b) Apprenticeship: Applicants must:

(1) be at least 18 years of age;

(2) have a high school or general education development diploma;

(3) have satisfactorily completed an apprenticeship of no fewer than 8 months nor more than 12 months consisting of no fewer than 600 and no more than 900 hours;

(4) successfully complete national written and practical examinations; and

(5) successfully complete the Vermont laws and rules examination;

8.3 Applicants for manicurist (nail technician) licensure by endorsement shall:

(a) have a current manicurist (nail technician) license in good standing in another jurisdiction;

(b) whose laws the Board considers to be substantially equal to those of this state;

or;

and;

(d) successfully complete the Vermont laws and rules examination.

8.4 Those Not Eligible for Endorsement: An applicant who does not meet the requirements for licensure by endorsement must satisfy the requirements of 26 V.S.A. § 280 and Rule 8.2.

8.5 Beginning a Manicurist (Nail Technician) Apprenticeship:

(a) Applications must be filed with the Office prior to the beginning of the apprenticeship. If deemed appropriate, the Board will issue a letter of approval. The apprentice shall not touch a paying customer prior to receipt of the approval letter and completion of 50 hours of study. The apprenticeship is intended to provide continuous week-by-week supervised practical experience equivalent or greater to the supervised practicum provided in a traditional school.

(b)In no instance can the apprenticeship be extended beyond 12 months.

8.6 Education Component:

The apprenticeship must include subjects as presented by standard cosmetology and barbering text books which shall include:

(a) anatomy and physiology, including specific to industry license;

8.7 Competencies Acquired: At the conclusion of the nail technician apprenticeship, the apprentice shall have acquired the following competencies:

(a) manicuring;

(b) acrylic nail, nail gels, nail tip, nail wrap application, and repairs;

(d) pedicuring;

(e) acrylic: liquid and powder brush-ons;

(f) sanitation and sterilization techniques for all equipment, supplies, general and specific chemical and waste storage areas;

(g) sanitary personal health and hygiene understanding;

(h) safe chemical storage, use, and disposal and reference material requirements;

(i) sanitation, sterilization, hazardous substances, hygiene, anatomy,

(j) laws, rules, regulations, and;

(k) professional ethics.

8.8 Transfer of School Hours: Persons who within three (3) months of applying for an apprenticeship have successfully completed manicurist (nail technician) training consisting of 150 hours or more in a trade or vocational school or in an accredited program or course of studies or manicurist (nail technician) program may, upon proper documentation, apply no more than 150 hours toward the apprenticeship.

Part 9. Shops and Schools

9.1 Shop Licenses Required

Applicants for a shop license shall:

(a) submit a completed application and required fee;

(b) submit a floor plan of the shop which shall include all areas being used and not registered as a separate business;

(d) submit documentation of incorporation, trade name, partnership agreement, or any other document or affidavit which constitutes reliable proof of ownership.

9.2 General Requirements for Shops:

(a) The shop shall have a designated licensee on the premises who is responsible for overall safety, cleanliness, and sanitation of the shop. Shop owners and designated licensees are responsible at all times for the overall cleanliness and sanitation of the shop.

(b) Shop owners and designated licensees are responsible for ensuring that any person practicing a profession governed by these rules in their shop has a valid license issued by the Board, and has in their possession at all times while working a current Vermont photo license or current Vermont state issued photo identification.

(c) Designated licensees shall have been in practice for a minimum of one year containing no fewer than 1,500 hours practice.

(d) If the shop is in a private home, there must be a separate room, for cosmetology or barbering which is the only place in the house where cosmetology or barbering is practiced.

(e) Each shop granted a license after the effective date of these rules shall have:

(1) its own separate entrance, and;

(2) its own separate bathroom.

(f) A sign must be visib