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New Regulations Coming for Nail Salons in Oregon
Salem, OR - September 19, 2001: The Oregon Board of Cosmetology voted Monday to order new safety regulations be put in place to protect customers of nail salons across the state. The new regulations go into effect November 1.
The new regulations affect four areas, which will impact both customers and licensed practitioners at nail salons:
- No Reuse of Disposable Tools - Disposable items such as emery boards, files, nail pushers, and nail bits must be either given to the client or discarded following use. Regulations currently allow a salon to store implements for reuse on the same client.
- No Used Tools at a Workstation - Any used tools, including reusable metal tools must be kept in marked, labeled container at a nail workstation. No used tools may be left out and possibly used on a different client.
- Footbaths Must Be Disinfected After Each Use - Footbaths used for nail services must be disinfected with an EPA-registered or FDA-approved high-level tuberculocidal product after each client, prior to the unit being offered to the next client.
- Client Records Must Be Kept - All facility owners and contractors providing nail services must now keep detailed records of the nail services performed on clients. Client record information will include the client's name, address, telephone number and date of birth; the date and type of nail service performed on the client; the name and license number of the technician performing the service; a list of medical or skin conditions of the client at time of service, any allergies to topical solutions or medicines, client's history of any bleeding disorders and a description of any complications which occurred during a nail service. Client records will be kept by a facility for two years to aid state investigators if a disease transmission investigation occurs. A customer may opt to sign a waiver if they do not wish to comply with the request for information.
The provision calling for client records is expected to have the most direct impact on consumers. Opinions from technicians and the public is expected to be divided about the additional record keeping requirements, a concept the Board addressed at the September 17 meeting.
"It is a smart idea," says Board member Greg Best, "but a lot of hairdressers won't like this." Board member Richard Schmidt feels that the public protection value outweighs the controversy. "We need a sense of balance," says Schmidt, " if there are repercussions, I'll face them. It would be a whole lot easier than explaining to Oregon how this disease (skin tuberculosis) occurred."
"The information gathered in these client records is valuable," says Susan K. Wilson, Director of the Health Licensing Office, "It is necessary for tracking of clients if a bacterial outbreak on the scale of the Watsonville incident ever occurs in Oregon."
New rules are being implemented as a consumer protection measure. Last year, at least 107 clients of a nail salon in Watsonville, California were infected by a bacteria related to skin tuberculosis. Health officials determined that technicians failing to properly disinfect footbath units used in pedicures and manicures in between clients spread the disease. No cases of the infection have been reported in Oregon, and the Board's action is viewed as a preventative measure.
Client records will not be reviewed during mandatory annual inspections of facilities, but the records will aid investigators in the wake of any salon-related bacterial outbreaks. "It's an investigative tool," says Bob Gruchalla, Chief Enforcement Officer for the Health Licensing Office. "If we run into a report of an infection situation from a year ago, the Health Licensing Office, Oregon Health Division and county health officers need to be able to track down and contact as many clients who are potential victims as we can."
Board members are anxious to hear feedback from consumers regarding the new safety regulations. The action taken at Monday's meeting was an emergency filing of new Administrative Rules taking effect on November 1, 2001. The board will also be commencing a formal public outreach and hearing process to permanently adopt the new rule changes by early in 2002.
The Health Licensing Office is the state agency directed to regulate nine health-related occupations and over 37,000 license holders throughout Oregon.
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