DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

COSMETOLOGY – GENERAL RULES

Filed with the secretary of state on

These rules take effect become effective immediately upon after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the department of licensing and regulatory affairs by sections 205, 1203, 1205, 1207, 1208, 1209, and 1210 of the occupational code, 1980 PA 299, MCL 339.205, 339.1203, 339.1205, 339.1207, 339.1208, 339.1209, and 339.1210; and on the board of cosmetology by section sections 308 and 310 of the occupational code, 1980 PA 299, MCL 339.308 and 339.310; and by Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)

R 338.2101, R 338.2121a, R 338.2121b, R 338.2121c, R 338.2126a, R 338.2127, R 338.2131, R 338.2132, R 338.2136, R 338.2138, R 338.2161, R 338.2162, R 338.2163, R 338.2163a, R 338.2163b, R 338.2163c, R 338.2166, R 338.2167, R 338.2168, R 338.2169, R 338.2169a, R 338.2169b, R 338.2171, R 338.2171a, R 338.2171b, R 338.2179e, R 338.2179g, R 338.2187, and R 338.2188 of the Michigan Administrative Code are amended, R 338.2121, R 338.2170, R 338.2181 and R 338.2183 are added, and R 338.2158, R 338.2171c, and R 338.2180 are rescinded, as follows:

PART 1. GENERAL PROVISIONS

R 338.2101  Definitions.

  Rule 1. (1) As used in these rules:

(a)   “ANSI” means the American National Standards Institute.

(b)   "Apprenticeship program" means a licensed cosmetology teaching program

conducted in a licensed establishment that is teaching cosmetology services to an apprentice without charging a fee.

   (b)(c) “Autoclave” means a device registered and listed as an autoclave or dry-heat sterilizer with the United States Food and Drug Administration.  

   (c)(d) “Blade” means a flat or curved implement designed for cutting, including, but not limited to, implements commonly referred to as razors, callus shavers, graters, and credo blades, or another tool intended to cut, or shave, or remove skin or growths of skin growths from anywhere on a patron’s body.  on the hands and feet. 

   (d)(e) “Board” means the board of cosmetology created under section 1202 of the code, MCL 339.1202.

   (d) (f) “Clean" or "cleaned” means an item that was disinfected, or sterilized, or laundered pursuant to R 338.2171a or a new and unused single-use 1-time-use item.

    (e)(g) “Code” means the occupational code, 1980 PA 299, MCL 339.101 to 339.2677.

    (f)(h) “Department” means the department of licensing and regulatory affairs.

    (g)(i) “Disinfectant” means a substance, or mixture of substances, that is registered as a disinfectant by the United States Environmental Protection Agency (EPA).

    (h)(j) “EPA” means the United States Environmental Protection Agency.

 "Equivalent" means the passing of a standard examination that is equal to or greater than the statutorily required grade level or a statement from a school administrator indicating that the person has potentially and scholastically achieved the required grade.

   (k) "Equivalent" means the passing of a standard examination that is equal to or greater than the statutorily required grade level or a statement from a school administrator indicating that the person has potentially and scholastically achieved the required grade.

   (i)(l) “Establishment” means a cosmetology establishment as that term is defined under section 1201(e) of the code, MCL 339.1201, and includes a mobile salon, as that term is defined in section 1201(o) of the code, MCL 339.1201, and a cosmetology suite as that term is defined in section 1201(g) of the code, MCL 339.1201.

   (m) “ISEA” means the International Safety Equipment Association.

   (n) “NACES” means the National Association of Credential Evaluation Services.

   (o) “NBCP” examination means PSI’s National Barber Cosmetology Program examination.

    (j)(p) “Patron” means an individual receiving a cosmetology service whether or not the individual intends to pay for the service.

    (k)(q) "Practical application" means a service performed on a mannequin, student, or patron.

    (l)(r) “Practical hours” means hours spend spent performing a practical application.

    (m) "Reactive chemicals" means, but is not limited to, any of the following:

      (i) Permanent wave solutions.

      (ii) Relaxers.

      (iii) Temporary, semipermanent, or permanent hair colorings.

      (iv) Hair lighteners.

      (v) Acids.

      (vi) Bases.

      (vii) Creams.

      (viii) Fluids.

      (ix) Any other preparation designed to modify or rearrange the structure of the hair, skin, or nails. 

   (s) “PSI” means PSI Services, LLC.

   (n)(t) “School” means a school of cosmetology licensed under section 1205 of the code, MCL 339.1205, which may include includes a school of cosmetology with a license limited only to the teaching of electrology.

   (o) “Specialty license” means an electrologist license, esthetician license, manicurist license, or natural hair cultivation license.

   (p)  “Specialty service” means a service pertaining to electrology, skin care services, manicuring, or natural hair cultivation. 

   (q)(u) “Sterilant” means a substance, or mixture of substances, that is registered as a sterilant by the EPA.   

   (v) “Subfield license” means an electrologist, esthetician, manicurist, or natural hair culturist license.   

    (r)(w) "Wet sanitizer" means a covered container filled with a liquid substance, or mixture of liquid substances, that is registered as a disinfectant or sterilant by the EPA.

  (2) Terms that are defined in the code have the same meaning when used in these rules.

PART 2. LICENSES

SUBPART 1.  INDIVIDUALS

R 338.2121  Foreign educated or trained applicants; education or training 

  evaluation requirements.  

  Rule 21.  (a) An applicant who received education or training outside of the United States shall provide evidence that the education or training was substantially equivalent to the requirements under part 4 of these rules.  

  (b) Evidence of completing education or training that is substantially equivalent must include an evaluation completed by a current NACES member.

R 338.2121a  Examination requirement; examination administrator; valid score.

  Rule 21a.  (1) For 1 year following the date of promulgation of these rules Before November 4, 2022, an applicant for an initial cosmetology or specialty subfield license, in addition to meeting all the requirements of the code, shall pass the state examination required for the license pursuant to Table table 21a.   A passing score is valid for 1 year from after the date it was earned. 

  (2) Beginning 1 year after promulgation of these rules November 4, 2022, the board adopts the National Barber Cosmetology Program (NBCP) NBCP examination developed and scored by PSI Services, LLC, (PSI).  An applicant for a  an initial cosmetology license or specialty subfield license, in addition to meeting all the requirements of the code, shall achieve a passing score on the NBCP examination, as determined by PSI, on the examination required for the license pursuant to Table table 21a.  A passing score is valid for 1 year from after the date it was earned.

  (3) For 1 year following the date of promulgation of these rules Before November 4, 2022, an applicant for an initial cosmetology, electrology, or limited specialist specialty instructor instructor’s license, in addition to meeting all the requirements of the code, shall pass the state examination required for the license pursuant to Table table 21a.  A passing score is valid for 1 year from after the date it was earned. The examination does not need to be repeated if a licensed instructor applies for a subsequent cosmetology, electrology, or specialty limited specialist instructor instructor’s license.  

  (4) Beginning 1 year after promulgation of these rules November 4, 2022, the board adopts the NBCP examination developed and scored by PSI.  An applicant for an initial cosmetology, electrology, or specialty limited specialist instructor instructor’s license, in addition to meeting all the requirements of the code, shall achieve a passing score on the NBCP examination, as determined by PSI, on the examination required for the license pursuant to Table table 21a.  A passing score is valid for 1 year from after the date it was earned.  The examination does not need to be repeated if a licensed instructor applies for a subsequent cosmetology, electrology, or limited specialist instructor’s license.  

  (5) The state examination shall must be administered by a third party third-party chosen by the department. The NBCP examination shall must be administered by PSI or its successor organization.

  (6) The passing score on the state or national examination is determined by the third party third-party chosen to administer the examination.

  (7) The required examination or examinations for each license type is listed below in table 21a:

TABLE 21a

License Type

(a)

Cosmetologist

(b) 

Electrologist

(c)

Esthetician

(d)

Manicurist

(e)

Natural hair culturist

(f)

Instructor

R 338.2121b  Licensure by endorsement; substantially equal requirements; substituted

  experience.

  Rule 21b. (1) An individual who is licensed to perform cosmetology services in another state may apply for a cosmetology or subfield license or specialty license by endorsement, as applicable, under this rule.

  (2) An applicant for licensure by endorsement, in addition to meeting all the requirements under section 1211 of the code, MCL 339.1211, and the rules promulgated under the code, shall submit an application on a form provided by the department, pay the required fee, and satisfy all of the following requirements:

   (a) Establish that he or she the applicant has an education equivalent to the completion of the ninth grade.

   (b) Hold an active license or registration in good standing from another state that authorizes him or her the applicant to perform a cosmetology or subfield license service in that state.  An The applicant’s license or registration in good standing  applicant shall disclose be verified by the licensing or registering agency of each state in which the applicant holds or ever held a license or registration to practice a cosmetology or subfield license service. as a cosmetologist.  If applicable, verification  must include the record of any disciplinary action taken or pending against the applicant.

   (c) Provide proof of any name change, if the name on the application does not match the name shown on the submitted documents.

   (d) Demonstrate that the licensure or registration requirements of the state in which he or she the applicant is authorized to perform a cosmetology services or subfield license service are substantially equal to the requirements for licensure under the code and these rules.

  (3) Another state’s requirements are considered substantially equal to the requirements of a cosmetologist license if both of the following conditions are satisfied:

   (a) The state required an applicant for a cosmetology license or registration to pass 1 or more examinations that tested cosmetology theory and practical cosmetology application that is substantially equal to the theory and practical application examinations for licensure in this state. 

   (b) The state required an applicant to receive not less than 1,500 hours of prelicensure training as a student in cosmetology services or not less than 2 years of prelicensure training as an apprentice in cosmetology services.

  (4) Another state’s requirements are considered substantially equal to the requirements of a specialty subfield license if both of the following conditions are satisfied:

   (a) The state required an applicant for a specialty cosmetology subfield license or registration to pass 1 or more examinations that tested the specialty cosmetology theory and practical specialty cosmetology application that is substantially equal to the theory and practical application examinations for the applicable licensure in this state. 

   (b) The state required an applicant to receive not less than 400 hours of prelicensure training as a student in the services for which the applicant seeks a specialty  subfield license or not less than 6 months of prelicensure training as an apprentice in the services for which the applicant seeks a specialty subfield license.

  (5) Pursuant to section 1211(2) of the code, MCL 339.1211, the hours of prelicensure training required under the code and these rules may be substituted with work experience at a ratio of 100 hours of training for each 6 months of work experience. To receive credit, the applicant shall attest, on a form provided by the department, that he or she the applicant was employed for a period of time equal to the number of hours of training required for the license.

  (6) An applicant’s license or registration must be verified by the licensing agency of each state of the United States in which the applicant holds or has ever held a cosmetology, electrology, esthetician, manicuring, or natural hair culturist or subfield license or registration.  Verification includes, but is not limited to, showing proof that the applicant’s license or registration is in good standing and, if applicable, any disciplinary action taken or pending against the applicant.

R 338.2121c  Relicensure requirements.

  Rule 21c. (1) An applicant whose cosmetologist or specialty subfield license has lapsed for 3 years or less after the expiration date of the last license may be relicensed under section 411(3) of the code, MCL 339.411, after submitting a completed application on a form provided by the department and the required fee.

  (2) An applicant whose cosmetologist or specialty subfield license has lapsed for more than 3 years after the expiration date of the last license may be relicensed under section 411(4) of the code, MCL 339.411, after submitting a completed application on a form provided by the department, the required fee, and satisfying either of the following requirements:

   (a) Pass the examinations examination approved and adopted in R 338.2121a and required for the applicable license pursuant to Table table 21a under R 338.2121a within a   the 1 year period immediately preceding the date of the relicensure.

   (b) Establish that he or she the applicant has held an active cosmetology or subfield license, as applicable, in good standing in another state within the 3 years preceding application for relicensure. Verification includes, but is not limited to, showing proof that the applicant’s license is in good standing and, if applicable, that any disciplinary action taken or pending against the applicant has been resolved.

SUBPART 2.  ESTABLISHMENTS AND SCHOOLS

R 338.2126a  Cosmetology establishment Establishment license.

  Rule 26a. An applicant for an establishment license, in addition to meeting the requirements of the code, shall satisfy all of the following:

  (a) Submit an application as required by the department, together with the required fee.

  (b) If the premises of the establishment is either a permanent, physical location, including a cosmetology suite, or is a mobile salon as that term is defined in section 1201(o)(i) of the code, MCL 339.1201, submit a drawing or diagram showing the location of the equipment and facilities required by the code and these rules must be submitted to the department at the time of application.

  (c) If the premises of the establishment is a mobile salon as that term is defined in section 1201(o)(ii) of the code, MCL 339.1201, submit photographs demonstrating the establishment’s compliance with the requirements of R 338.2171(1)(c) to (e), (g) to (i), (2)(e), (3), and (4) must be submitted to the department at the time of application. 

  (d) The establishment and its premises shall must pass the inspection required by section 1204(1)(c) of the code, MCL 339.1204.  To pass the inspection the establishment shall must demonstrate its compliance with all requirements of the code and these rules.

R 338.2127  Establishment or school Permanent, permanent, physical business

  address; change of ownership or location; closure; student’s or apprentice’s

  records; branch facility license.

  Rule 27. (1) An establishment, school, or the owner of an establishment or school shall provide the department with the establishment’s or school’s a permanent, physical business address.  The permanent, physical business address of a mobile salon is determined as follows:

   (a) If the establishment is a mobile salon as that term is defined in section 1201(o)(i) of the code, MCL 339.1201, the permanent, physical business address is the physical location from which the mobile salon is dispatched and to which it returns.

   (b) If the establishment is a mobile salon as that term is defined in section 1201(o)(ii) of the code, MCL 339.1201, the permanent, physical business address is the owner’s premises.  

  (2) Pursuant to section 1204(4) of the code, MCL 339.1204, the sale or transfer of a cosmetology an establishment voids the owner’s cosmetology establishment establishment’s license.  If a cosmetology an establishment changes ownership, the parties involved shall inform the department, in writing, within 30 calendar days before of the change occurs.  

  (3) The change in the location of a cosmetology an establishment, except for a mobile salon, voids the owner’s cosmetology establishment establishment’s license.  If a cosmetologyan establishment, other than a mobile salon, changes location, the parties persons involved shall inform the department, in writing, within 30 calendar days before of the change occurs.  A change in the permanent, physical business address of a mobile salon must comply with the requirements of R 338.2180(3)338.2181(2).  

  (4) Pursuant to section 1205(5) of the code, MCL 339.1205, the sale or other transfer of a school, a sale or transfer of its ownership, or a change in the location of a school, including a branch facility, voids the owner’s school of cosmetology cosmetology’s license.  If a cosmetology school changes ownership or location, the parties persons involved shall inform the department, in writing, within 30 calendar days before of making the change.

  (5) Within 30 calendar days after a school closes, changes ownership, or changes its permanent, physical business address, the school shall provide the department with up-to-date information pertaining to each student’s record.  The up-to-date information must include all reports and timesheets that have not previously been reported to the department.  

  (5)(6) Within 30 calendar days before after a school or  an establishment that is conducting an apprenticeship program is closed closes, changes changes ownership, or changes changes its permanent, physical business address, the school or establishment that is conducting an apprenticeship program shall provide the department with up-to-date information pertaining to each student’s or apprentice’s record.  The up-to-date information must include all reports and timesheets that have not previously been reported to the department.  If an apprenticeship is to continue in an establishment’s new permanent, physical business location, a new apprenticeship permit must be obtained.

  (6)  Branch facilities where training by a cosmetology school is conducted in a physical location apart from the main school premises, may be approved by the department if the branch facility meets all of the following criteria:

    (a)  Is not used for training students until the department has approved the use of the facility, based upon school need.

    (b)  Meets all requirements for Michigan cosmetology schools, except that it shall not include a full-service facility and shall not offer clinic services to the public.

    (c)  Provides for proper supervision of students.

    (d)  Is submitted for approval on an application provided by the department, to include, at a minimum, both of the following:

      (i)  The complete address of the premises to be licensed.

      (ii)  A current, detailed floor plan, not larger than 8 1/2 by 11 inches, of the proposed premises, showing arrangement of the classroom, placing of equipment, entrances, exits, and a statement of the purpose for which the premises will be used.

  (7)  Beginning 60 calendar days after the promulgation of these rules, the department shall not accept an application for an initial branch facility license. 

  (8)(7) Beginning 1 year after the promulgation of these rules, November 4, 2022, the department shall not grant a renewal of a branch facility license. 

  (9)(8) Beginning 1 year after the promulgation of these rules, November 4, 2022, a branch facility license becomes void on the expiration date of the license and the facility shall not operate without obtaining a school of cosmetology license.

  (10)(9) A school that holds a branch facility license whose licensure application involved the approval of more than 1 premises shall satisfy all of the following requirements:

   (a) Display a copy of the school license at each premises in a prominent place that is always visible to the public. 

   (b) Display a copy of the license of each instructor who works for the school, whether or not the instructor works on the premises. The license must be displayed in a prominent place that is always visible to the public. 

   (c) Provide the department with the address of each premises and identify the primary address at which to receive correspondence from the department. 

PART 3. GENERAL TRAINING ADMINISTRATION

R 338.2131  Substitution of hours for credits earned in Michigan-licensed barber college; 

  substantially similar criteria and determination; notice to department.

  Rule 31. (1) Pursuant to section 1205(6) of the code, MCL 339.1205, a school of cosmetology may allow a student who is a Michigan-licensed barber to substitute up to 1,000 hours of substantially similar instruction obtained from completed at a Michigan-licensed barber college for hours of instruction required by the school of cosmetology.

  (2) In determining if an hour of instruction earned from completed at a Michigan-licensed barber college is substantially similar and may be substituted for required instruction in the cosmetology student’s curriculum, the school of cosmetology may consider all any of the following:

   (a) The student’s barber college transcript.

   (b) The student’s scores on examinations.

   (c) The barber college’s course descriptions.

   (d) The student’s performance on an examination conducted by the school of cosmetology that tests the student’s theory and practical knowledge.  

  (3) The school of cosmetology shall determine the number of substantially similar instruction hours that will be are substituted for required instruction in the student’s cosmetology curriculum before the student begins his or her a cosmetology program.

  (4) The school of cosmetology shall notify the department of the number of substantially similar hours it permitted allowed the student to substitute in the student’s cosmetology curriculum and the number of minimum practical applications it has verified for the student.  

R 338.2132  School owner’s duty concerning equipment requirements; School school

  equipment requirement requirements.  

  Rule 32. (1) The owner of a school shall ensure that the school complies with the requirements of subrule (2) of this rule.

  (2) A school shall satisfy the requirements of section 1205(2) of the code, MCL 339.1205, and have all of the following items:

   (a) Seating facilities for patrons.

   (b) An adequate number of chairs and adequate desk space to meet the needs of each student attending.

   (c)  If services are performed on the public, an adequate amount of equipment, supplies, and tools necessary for performing services on patrons in compliance with the requirements under part 4 of these rules.   

   (d)(c) A shampoo bowl installed in a classroom other than the main clinic classroom, unless a limited school of electrology.  

   (e)(d) If services are not performed on the public, an An adequate amount of equipment, supplies, and tools necessary for providing the theory hour and practical training offered on the premises. 

   (e) A physical barrier, moveable or non-moveable, of not less than 6 feet in height, separating theory classrooms from any area where practical training or patron services are currently being performed.  

R 338.2136  Establishment or school owner’s duty concerning records; School school and apprenticeship program records requirements.  

  Rule 36. (1) The owner of an establishment or school shall ensure that the establishment or school complies with the requirements of subrules (2) and (3) of this rule.

  (2) A school or apprenticeship program shall keep maintain complete records for each student or apprentice. The records must be maintained for not less than 7 years after the student’s or apprentice’s last date of attendance of the student or apprentice.

  (2)(3) The A school’s or apprenticeship program’s records must be available to the department upon on request and must include all of the following information:

   (a) A summary of the student’s or apprentice’s attendance record.

   (b) A summary of the student’s or apprentice’s practical hours and theory hours of training that were completed by the student or apprentice, including the subjects and number of practical applications, practical hours, and theory hours that were credited under R 338.2138(4) and (5) and (6).  

   (c) The student’s or apprentice’s date of the enrollment and the last date of attendance.

   (d) The student’s or apprentice’s final grades.

   (e) A copy of the contract that is required under section 1205(2)(j) of the code, MCL 339.1205.

R 338.2138  Establishment or school owner’s duty concerning program 

  requirements; School school and apprenticeship program requirements.  

  Rule 38. (1) The owner of an establishment or school shall ensure that the establishment or school complies with the requirements of subrules (2) to (7) of this rule.

  (2) A school or apprenticeship program, in addition to meeting all the requirements of the code and these rules, shall satisfy all of the following:

   (a) Submit a monthly report to the department that contains the daily record of attendance of each student or apprentice, as required under section 1205a(1)(b) of the code, MCL 339.1205a.

   (b) Establish a system of grades for the advancement of training in each curriculum. 

   (c) Require a student or apprentice to pass at least 1 examination based on the curriculum in which the student or apprentice is enrolled. 

   (d) Certify, on a form provided by the department, that the student or apprentice has completed the training in the curriculum under part 4 of these rules in which he or she the student or apprentice is enrolled. A school or apprenticeship program that grants transfer credit under subrules (4) and (5) or (6) of this rule shall identify on the form the subjects and number of theory and practical hours that it granted transfer credit to a student or an apprentice.

   (e) Notify the department in writing when if a student’s or apprentice’s training is terminated prior to before completion of the training program.

  (2)(3) A school licensed under the code shall provide instruction in not less than both of the following:

   (a) The cosmetology curriculum pursuant to Table 11 under R 338.2161 or R 338.2169a, as applicable.  

   (b) The cosmetology instructor and cosmetology limited instructor curriculum pursuant to Table 16 under R 338.2163c or R 338.2169b, as applicable.  

  (3)(4) An establishment conducting an apprenticeship program shall comply with both of the following:

   (a) display Display its apprenticeship program permit in a prominent place on the premises that is visible to the public at all times. 

   (b) Ensure that all the apprentice’s training is performed by an individual who holds the appropriate, active cosmetology or subfield license issued by this state.  

  (4)(5) A school may transfer credit of for hours a student had previously earned in a school of cosmetology toward the completion of a curriculum under part 4 of these rules, if the school determined that the previously earned hours are substantially similar to the hours required under the applicable curriculum. If a A school allows a student to substitute substantially similar hours earned in another school of cosmetology program, it shall notify the department of the number of substantially similar hours it has allowed the student to substitute and the number of minimum practical applications it has verified. has the discretion for determining whether to grant credit.  

  (5)(6) An establishment conducting an apprenticeship program may transfer grant credit of for hours an apprentice has earned in an another apprenticeship program toward the completion of a curriculum under part 4 of these rules, if the apprenticeship program determined that the previously earned hours are substantially similar to the hours required under the applicable curriculum. An  If an establishment conducting an apprenticeship program has the discretion for determining  allows an apprentice to substitute substantially similar hours earned in another apprenticeship program, it shall notify the department of the number of substantially similar hours it has allowed the apprentice to substitute and the number of minimum practical applications it has verified.  whether to grant credit. 

  (6)(7) A school shall not transfer credit of for hours that were earned in an apprenticeship program toward the completion of the student’s school curriculum. An apprenticeship program shall not transfer credit of for hours that were earned as a student toward the completion of an apprenticeship program. 

PART 4. SCHOOL TRAINING PROGRAMS 

PART 5. APPRENTICE TRAINING  PROGRAMS

PART 4. CURRICULUM REQUIREMENTS AND DISTANCE EDUCATION

R 338.2158  Distance education requirements.  Rescinded.

  Rule 58. (1) As used in this rule, “distance education” means education that uses technology to deliver instruction to a student who is physically separated from the instructor while permitting live interaction between the student and the instructor.

  (2) Distance education is permitted in the delivery of theory hours of the curriculum if all of the following are satisfied:

    (a) The instructor has been trained in the use of the modality and technology resources used in distance education.

    (b) The technology and practices are in place to verify the identity of the distance education student who participates, while protecting student privacy.

    (c) The student has been provided with written information that clearly describes the distance education technology requirements to successfully complete the course.

  (3) A cosmetology school offering distance education pursuant to subrule (2) of this rule shall have a policy in place that it provides to each student and includes all of the following information:

    (a) A clear statement that all practical hours and practical applications in the curriculum must be done in-person.

    (b) A clear statement that the student’s interaction with the instructor through distance education must be logged by the instructor.

    (c) A clear statement that an in-person performance evaluation must be completed after each 10% of the distance education component.

    (d) A clear statement that the student shall pass a comprehensive theory and practical examination before he or she graduates from the program.

    (e) A clear statement that the student’s transcript and other documents will identify the portion of the curriculum that was delivered through distance education.

  (4) Before a student enrolls in the cosmetology school, the student shall be provided with, and shall sign, a disclaimer that advises him or her that distance education may not be accepted for reciprocity or licensure in some states.  The cosmetology school shall maintain a copy of the signed waiver in the student’s record.

SUBPART 1.  CURRICULUM REQUIREMENTS FOR INDIVIDUALS ENROLLED BEFORE NOVEMBER 4, 2022

R 338.2161  Cosmetology curriculum.

  Rule 61. Students and apprentices who were enrolled in the study of cosmetology before 1 year after the promulgation of this rule November 4, 2022, shall complete a curriculum pursuant to the following table: 

TABLE 1

R 338.2162  Manicuring curriculum. 

  Rule 62. Students and apprentices who were enrolled in the study of manicuring before 1 year after the promulgation of this rule November 4, 2022, shall complete a curriculum pursuant to the following table:

TABLE 2

R 338.2163  Electrology curriculum. 

  Rule 63. Students and apprentices who were enrolled in the study of electrology before 1 year after the promulgation of this rule November 4, 2022, shall complete a curriculum pursuant to the following table:

TABLE 3

R 338.2163a  Esthetics curriculum. 

  Rule 63a. Students and apprentices who were enrolled in the study of esthetics before 1 year after the promulgation of this rule November 4, 2022, shall complete a curriculum pursuant to the following table:

TABLE 4

R 338.2163b  Natural hair cultivation curriculum. 

  Rule 63b. Students and apprentices who were enrolled in the study of natural hair cultivation before 1 year after the promulgation of this rule November 4, 2022, shall complete a curriculum pursuant to the following table:

TABLE 5

338.2163c  Cosmetology instructor curriculum. 

  Rule 63c. Students who were enrolled in the study of cosmetology instructor before 1 year after the promulgation of this rule November 4, 2022, shall complete a curriculum pursuant to the following table:

TABLE 6

R 338.2166  Electrology instructor curriculum. 

  Rule 66. Students who were enrolled in the study of electrology instructor before 1 year after the promulgation of this rule November 4, 2022, shall complete a curriculum pursuant to the following table:

TABLE 7

R 338.2167  Limited specialist manicuring Manicurist limited specialist instructor curriculum. 

  Rule 67. Students who were enrolled in the study of manicurist limited specialist manicuring instructor before 1 year after the promulgation of this rule November 4, 2022, shall complete a curriculum pursuant to the following table:

TABLE 8

R 338.2168  Limited specialist skin care Esthetician limited specialist instructor

  curriculum.

  Rule 68. Students who were enrolled in the study of esthetician limited specialist skin care instructor before 1 year after the promulgation of this rule November 4, 2022, shall complete a curriculum pursuant to the following table:

TABLE 9

R 338.2169  Limited specialist natural Natural hair culturist limited specialist instructor 

  curriculum. 

  Rule  69. Students who were enrolled in the study of natural hair culturist limited specialist natural hair culturist instructor before 1 year after the promulgation of this rule November 4, 2022, shall complete a curriculum pursuant to the following table:

TABLE 10

SUBPART 2.  CURRICULUM REQUIREMENTS FOR INDIVIDUALS ENROLLED ON OR AFTER NOVEMBER 4, 2022

R 338.2169a  Cosmetologist, esthetician, electrologist, manicurist, and natural hair   

  culturist curriculum.

  Rule 69a.  (1)  Students and apprentices who are enrolled in the study of cosmetology beginning November 4, 2022, 1 year or later after the promulgation of this rule shall complete a curriculum pursuant to the following table: 

TABLE 11

Subject

Theory Hours

Practical Application Hours

Total Hours

Minimum Practical Applications

(a)

Health and safety related to hair care services, manicuring services, skin care services, and natural hair cultivation that include all of the following topics:

(i)  Anatomy and physiology.

(ii)  Chemical safety.

(iii)  Diseases and disorders.

(iv)  Laws and rules.

(v)  Occupational safety.

(vi)  Personal hygiene.

(vii)  Sanitation.Infection control.

(viii) Equipment, supply, and tool safety.

100

100

200

(Health and safety must be included in all practical applications.)

(b)

Hair care services and natural hair cultivation that include all of the following topics:

(i)  Arranging.

(ii)  Artificial Hair.

(iii)  Bleaching.

(iv)  Cleansing.

(v)  Curling.

(vi)  Cutting.

(vii)  Coloring and bleaching.

(viii)  Dressing.

(ix)  Perming.

(x)  Relaxing.

(xi)  Singeing.

(xii)  Straightening.

(xiii)  Tinting.

(xiv)  Waving.

(xv)  Natural hair cultivation.

250

235

800

785

1050

1020

425

(c)

Esthetic services that include all of the following topics:

(i)  using Beautifying the skin using cosmetic preparations, antiseptics, tonics, lotions, or creams, including body wrapping cosmetic preparations, chemicals, and liquids,  under section 1201(u)(i) of the code, MCL 339.1201. 

(ii)  Cleansing the skin under section 1201(u)(ii) of the code, MCL 339.1201 with hands and equipment. 

(iii)  Temporary Temporarily removing hair removal under section 1201(u)(iii) of the code, MCL 339.1201.

(iv)  FacialsGiving facials, applying makeup, and applying eyelashes under section 1201(u)(iv) of the code, MCL 339.1201. 

50 

75 

125

25

(d)

Manicuring services that include all of the following:

(i)  Artificial nails, extensions, and repairs.

(ii)  Manicuring.

(iii)  Pedicuring. 

50

75

125

25

(e)

Unassigned hours.

30

Total Hours

450

435

1050

1035

1500

475

(2) Students and apprentices who are enrolled in the study of electrology 1 year or later after the promulgation of this rule beginning November 4, 2022, shall complete a curriculum pursuant to the following table: 

TABLE 12

Subject

Theory Hours

Practical Application Hours

Total Hours

Minimum Practical Applications

(a)

Health and safety related to electrology services that include all of the following topics:

(i)  Anatomy and physiology.

(ii)  Chemical safety.

(iii)  Diseases and disorders.

(iv)  Laws and rules.

(v)  Occupational safety.

(vi)  Personal hygiene.

(vii)  Sanitation.Infection control.

(viii)  Equipment, supply, and tool safety.

50

50

100

(Health and safety must be included in all practical applications.)

(b)

Electrology services that include the topic of removal of the hair with electricity. 

125

120

175

170

300

290

150

(c)

Unassigned hours.

10

 Total Hours

175

170

225

220

400

150

(3) Students and apprentices who are enrolled in the study of esthetics 1 year or later after the promulgation of this rule beginning November 4, 2022, shall complete a curriculum pursuant to the following table: 

TABLE 13

Subject

Theory Hours

Practical Application Hours

Total Hours

Minimum Practical 

Applications

(a)

Health and safety related to esthetic services that include all of the following topics:

(i)  Anatomy and physiology.

(ii)  Chemical safety.

(iii)  Diseases and disorders.

(iv)  Laws and rules.

(v)  Occupational safety.

(vi)  Personal hygiene.

(vii)  Sanitation. Infection control.

(viii)  Equipment, supply, and tool safety.

50

50

100

(Health and safety must be included in all practical applications.)

(b)

Esthetic services that include all of the following topics:

(i)  Beautifying the skin using cosmetic preparations, antiseptics, tonics, lotions, or creams, including body wrapping under section 1201(u)(i) of the code, MCL 339.1201  cosmetic preparations, chemicals, and liquids, including body wrapping. 

(ii)  Cleansing the skin under section 1201(u)(ii) of the code, MCL 339.1201. 

(iii)  Temporary Temporarily removing hair removal under section 1201(u)(iii) of the code, MCL 339.1201.

(iv)  Giving facialsFacials, applying makeup, and applying eyelashes under section 1201(u)(iv) of the code, MCL 339.1201. 

125

120

175

170

300

290

50

(c)

Unassigned hours.

10

Total Hours

175

170

225

220

400

50

  (4) Students and apprentices who are enrolled in the study of manicuring 1 year or later after the promulgation of this rule beginning November 4, 2022, shall complete a curriculum pursuant to the following table: 

TABLE 14

Subject

Theory Hours

Practical Application Hours

Total Hours

Minimum Practical 

Applications

(a)

Health and safety related to manicuring services that include all of the following topics:

(i)  Anatomy and physiology.

(ii)  Chemical safety.

(iii)  Diseases and disorders.

(iv)  Laws and rules.

(v)  Occupational safety.

(vi)  Personal hygiene.

(vii)  Sanitation. Infection control.

(viii)  Equipment, supply, and tool safety.

50

50

100

(Health and safety must be included in all practical applications.)

(b)

Manicuring services that include all of the following topics:

(i)  Artificial nails, extensions, and repairs. 

(ii)  Manicuring.

(iii) Pedicuring.

125

120

175

170

300

290

50

(c)

Unassigned hours.

10

Total Hours

175

170

225

220

400

50

  (5) Students and apprentices who are enrolled in the study of natural hair cultivation 1 year or later after the promulgation of this rule beginning November 4, 2022, shall complete a curriculum pursuant to the following table: 

TABLE 15

Subject

Theory Hours

Practical Application Hours

Total Hours

Minimum Practical Applications

(a)

Health and safety related to natural hair cultivation that include all of the following topics:

(i)  Anatomy and physiology.

(ii)  Chemical safety.

(iii)  Diseases and disorders.

(iv)  Laws and rules.

(v)  Occupational safety.

(vi)  Personal hygiene.

(vii)  Sanitation. Infection control.

(viii)  Equipment, supply, and tool safety.

50

50

100

(Health and safety must be included in all practical applications.)

(b)

Natural hair cultivation services that include all of the following topics:

(i)  Braiding.

(ii)  Extending.

(iii)  Locking.

(iv)  Twisting.

(v)  Weaving.

(vi)  Wrapping.

125

120

175

170

300

290

40

(c)

Unassigned hours.

10

                 Total Hours 

175

170

225

220

400

40

R 338.2169b  Cosmetologist instructor and cosmetologist limited instructor curriculum; 

  electrologist electrology instructor curriculum, limited electrologist instructor, and ;  

  esthetician limited specialist instructor curriculum; manicurist limited specialist 

  instructor curriculum; natural hair culturist limited specialist instructor curriculum.

  Rule 69b.  (1) Students who are enrolled in the study of cosmetology instructor or cosmetology limited instructor 1 year or later after the promulgation of this rule beginning November 4, 2022, shall complete a curriculum pursuant to the following table: 

TABLE 16

Subject

Theory Hours

Practical Application Hours

Total Hours

Minimum Practical Applications

(a)

Orientation and review of the cosmetology curriculum. 

25

50

75

20

(b)

Introduction to teaching.

30

0

30

0

(c)

Teaching skills that include all of the following topics:

(i)  Course outlining and development.

(ii)  Lesson planning.

(iii)  Teaching techniques.

(iv)  Teaching aids.

(v)  Developing, administering, and grading examinations. 

80

85

165

20

(d)

Administration skills that include all of the following topics:

(i)  Laws and rules.

(ii)  Record keeping.

(iii)  School administration.

15

10

25

10

(e)

Teaching theory and practical hours that include all of the following topics:

(i)  Assisting in the clinic and theory classrooms.

(ii)  Practice teaching in the clinic and theory classrooms. 

0

205

205

40

                Total Hours 

150

350

500

90

   (2) Students who are enrolled in the study of electrology instructor, electrology limited instructor, esthetics esthetician limited specialist instructor, manicuring manicurist limited specialist instructor, or natural hair cultivation culturist limited specialist instructor 1 year or later after the promulgation of this rule beginning November 4, 2022, shall complete a curriculum pursuant to the following table: 

TABLE 17

Subject

Theory Hours

Practical Application Hours

Total Hours

Minimum Practical Applications

(a)

One of the following:

(i)  For an electrology instructor or electrology limited instructor, orientation and review of the electrology curriculum. 

(ii)  For an esthetics esthetician limited specialist instructor, orientation and review of the esthetician curriculum.

(iii)  For a manicuring manicurist limited specialist instructor, orientation and review of the manicuring curriculum. 

(iv)  For a natural hair cultivation culturist limited specialist instructor, orientation and review of the natural hair cultivation curriculum. 

10

15

25

10

(b)

Introduction to teaching.

30

0

30

0

(c)

Teaching skills that include all of the following topics:

(i)  Course outlining and development.

(ii)  Lesson planning.

(iii)  Teaching techniques.

(iv)  Teaching aids.

(v)  Developing, administering, and grading examinations. 

80

85

165

20

(d)

Administration skills that include all of the following topics:

(i)  Laws and rules.

(ii)  Record keeping.

(iii)  School administration.

15

10

25

10

(e)

Teaching theory and practical hours that include all of the following topics:

(i)  Assisting in the clinic and theory classrooms.

(ii)  Practice teaching in the clinic and theory classrooms. 

0

55

55

15

  Total Hours

135

165

300

55

SUBPART 3.  DISTANCE EDUCATION

R 338.2170  Distance education requirements.

  Rule 70. (1) As used in this rule, “distance education” means education that uses technology to deliver instruction to a student who is physically separated from the instructor while allowing live interaction between the student and the instructor.

  (2) Distance education is allowed in the delivery of theory hours of the curriculum if all of the following are satisfied:

   (a) The instructor has been trained in the use of the modality and technology resources used in distance education.

   (b) The technology and practices are in place to verify the identity of the distance education student who participates, while protecting student privacy.

   (c) The student has been provided with written information that clearly describes the distance education technology requirements to successfully complete the course.

  (3) A cosmetology school offering distance education pursuant to subrule (2) of this rule shall have a policy in place that it provides to each student and includes all of the following clear statements:

   (a) All practical hours and practical applications in the curriculum must be done in person.

   (b) The student’s interaction with the instructor through distance education must be logged by the instructor.

   (c) An in-person performance evaluation must be completed after each 10% of the distance education component.

   (d) The student shall pass a comprehensive theory and practical examination before the student graduates from the program.

   (e) The student’s transcript and other documents will identify the portion of the curriculum that was delivered through distance education.

  (4) Before a student enrolls in the cosmetology school, the cosmetology school shall  provide, and the student shall sign, a disclaimer that advises the student that distance education may not be accepted for reciprocity or licensure in some states.  The cosmetology school shall maintain a copy of the signed waiver in the student’s record.

PART 5.  HEALTH AND SAFETY AT THE PREMISES OF A COSMETOLOGY ESTABLISHMENT OR COSMETOLOGY SCHOOL

R 338.2171  Establishment, and school, or establishment or school owner’s duties;

  requirements.

  Rule 71. (1) The owner of an establishment or school shall ensure that the establishment or school complies with the requirements of subrules (2) and (3) of this rule.

  (1)(2) An establishment or school shall have and maintain all of the following:

   (a) An adequate supply of running hot and cold water necessary to complete all cleaning requirements and cosmetology services offered on the premises and necessary to comply with all local, state, and federal laws and regulations where services are provided.

   (b) Adequate ventilation to prevent the concentration of chemical vapors and strong odors.   

   (c) Clean, Covered covered containers for holding used towels, capes, and neck strips. 

   (d) An adequate amount of cleaning, disinfecting, and sterilizing equipment and supplies necessary to meet the sanitation requirements of these rules.  

   (e) The manufacturer-labeled container of each disinfectant and sterilant that is used.  

   (f) Covered waste containers that are large enough to contain 1 day’s accumulation of waste materials.

   (g) If services are performed that involve fusing hair with an open flame, at least 1 multi-purpose fire extinguisher that is labeled by the manufacturer as suitable for use on class a, b, and c fires. The fire extinguisher must be located within 20 feet of where the open flame is used. 

   (h) At least 1 first aid kit that is labeled by the manufacturer as meeting the American National Standards Institute (ANSI) and ANSI/ISEA International Safety Equipment Association (ISEA) American national standard - minimum requirements for workplace first aid kits and supplies. A first aid kit labeled by the manufacturer with a stamp indicating “ANSI Z308.1” or “ANSI/ISEA Z308.1” satisfies the requirement of this rule. 

   (i) If a chair, bed, table, headrest, or other station is used for providing services to patrons, it must be made of, or covered in, a non-porous material that can be disinfected. 

   (j) If providing hair care services, a shampoo bowl equipped with hot and cold running water.  

   (k) If providing pedicuring services, a pedicuring basin, tub, or footbath.

  (2)(3) An establishment or school shall comply with all of the following minimum operational requirements:

   (a) Maintain all areas in a safe and sanitary condition.  

   (b) Dispose of vaporous chemical waste materials pursuant to the manufacturer’s recommendations.

   (c) Disinfect waste containers at least once every 24 hours unless lined with a plastic bag that is disposed of each time the waste container is emptied.  

   (d) Dispose of all single-use 1-time-use tools and supplies after use on a patron.

    (e) Store clean nonelectrical tools and supplies in covered containers and separate from used tools and supplies.

   (f) Dispose towels, capes, and neck strips used on a patron in a container for used items Store used towels, capes and neck strips in covered containers and separate from clean tools and supplies.    

   (g) Dispose of All all waste materials including, but not limited to, hair clippings, paper, tissue, and single-use 1-time-use tools must be disposed of in a covered waste container.

  (3)  An establishment providing hair care services shall have a shampoo bowl equipped with hot and cold running water.  

  (4)  An establishment providing pedicuring services shall have a pedicuring basin.

R 338.2171a  Disinfecting and sterilizing requirements; non-electrical and electrical   

  tools; towels, capes, and neck strips; chairs, headrests, tables, and beds; semi-

  solid substances; pedicuring basins, tubs, or footbaths; shampoo bowls, dusters, and  

  brushes; laundering reusable towels, capes, and neck strips. 

  Rule 71a. (1) Unless otherwise provided under this rule, a licensee, student, or apprentice shall disinfect all non-electrical tools that are not disposed must be disinfected of after each use on a patron in the following sequential manner:

   (a) Remove all visible debris.

   (b) Disinfect using either of the following methods:

    (i) Full immersion in a wet-sanitizer for not less than 10 minutes or the period recommended by the manufacturer of the disinfectant. 

    (ii) Scrubbing all surfaces with a disinfectant wipe or a disinfectant spray and clean towel. 

   (c) Fully dry by air or with a clean towel before storing in a clean, covered place such as a fully enclosed drawer, cabinet, or container.  

  (2) Unless otherwise provided under this rule, a licensee, student, or apprentice shall disinfect all removeable parts of an electrical tool must be disinfected after each use on a patron in the following sequential manner:

   (a) Remove all visible debris.

   (b) Disinfect using either of the following methods:

    (i) Full immersion in a wet-sanitizer for not less than 10 minutes or the period recommended by the manufacturer of the disinfectant.

    (ii) Scrubbing all surfaces with a disinfectant wipe or a disinfectant spray and clean towel. 

   (c) Fully dry by air or with a clean towel before storing in a clean, covered place such as a stand, hook, or on a clean towel covered by a clean towel, fully enclosed drawer, cabinet, or container. Electrical items with a cord must not be stored in a container used for storing other clean items.   

  (3) A licensee, student, or apprentice shall sterilize any tool, except those that are 1-time-use only, Tools and or other supplies, that go beneath the top layer of the skin when performing electrology services or hair removal allowed under 1201(u)(iii) of the code, MCL 339.1201, must be sterilized after each use in the following sequential manner: 

   (a) Remove all visible debris.

   (b) Sterilize using either of the following methods:

    (i) Full immersion in a liquid sterilant for not less than 10 minutes or the period recommended by the manufacturer of the sterilant.

    (ii) Sterilization in an autoclave pursuant to the autoclave manufacturer’s instructions.

  (4) Towels, capes, and neck strips must be machine washed with a detergent in water of not less than 160 degrees Fahrenheit for not less than 25 minutes during a wash and rinse cycle. The following exceptions and presumption apply to this subrule:

    (a) A detergent registered as a disinfectant with the EPA is not required. 

    (b) Machine washing is not required for plastic or nylon capes that are disinfected after each use by scrubbing all surfaces using a disinfectant wipe or a disinfect spray and clean towel.      

     (c) Towels, capes, and neck strips laundered through commercial laundry services are presumed to satisfy the requirements of this subrule.  

  (5)(4) A licensee, student, or apprentice shall disinfect every Chairs, headrests, tables, beds chair, headrest, table, bed, and  or other stations station that come comes in direct contact with a patron’s skin must be disinfected after use on by a patron in the following sequential manner:

   (a) Remove all visible debris.

   (b) Scrub all surfaces with a disinfectant wipe or a disinfectant spray and clean towel.

  (6) All semi-solid substances, including, but not limited to, waxes, creams, lotions, oils, and powders must be stored in a covered container and removed by using a clean spatula or single-use spatula that is disposed of after use on a patron unless it is dispensed from a shaker dispenser that prevents contact with the skin. 

  (7)(5) A licensee, student, or apprentice shall disinfect After each use, a pedicuring basin, tub, or footbath used after each use by a patron for pedicuring services must be disinfected  in the following sequential manner, unless subrule (6) of this rule applies:

   (a) Drain all water from the pedicuring basin, tub, or footbath. 

   (b) Remove all visible debris. 

   (c) If applicable, Circulate circulate a disinfectant in the basin, tub, or footbath for not less than 10 minutes or the period recommended by the manufacturer of the disinfectant. 

   (d) Drain, rinse, and fully dry by air or with a clean towel. 

   (e) If the pedicuring basin, tub, or footbath contains a screen or other removable parts, the screen and removeable parts must be disinfected in the following sequential manner:

    (i) Remove all visible debris.

    (ii) Disinfect using either of the following methods:

     (A) Full immersion in a wet sanitizer for not less than 10 minutes or the period recommended by the manufacturer of the disinfectant.

     (B) Scrub all surfaces with a disinfectant wipe or a disinfectant spray and clean towel. 

    (iii) Rinse with water and fully dry by air or with a clean towel. 

  (8)(6) A pedicuring basin, tub, or footbath that uses a liner that is disposed of after each use by a patron and that prevents water and skin from contacting the surface of the pedicuring basin, tub, or footbath is not required to be disinfected pursuant to under subrule (7) (5) of this rule. However, a screen and any other removable parts that contact the water or skin must be disinfected pursuant to subrule (7) (5) of this rule. 

  (9) (7) A licensee, student, or apprentice shall disinfect a shampoo Shampoo bowls must be disinfected bowl after each use in the following sequential manner:

   (a) Remove all visible debris.

   (b) Scrub all surfaces with a disinfectant wipe or disinfectant spray and clean towel.

  (10)(8) A licensee, student, or apprentice shall disinfect neck Neck and nail dusters and other brushes not included under subrule (11)(9) of this rule must be disinfected after each use in the following sequential manner:

   (a) Remove all visible debris. 

   (b) Immerse in a wet sanitizer for not less than 10 minutes or the period recommended by the manufacturer of the disinfectant.

  (11)(9) Natural fiber, facial, acrylic, gel, nail-art, and makeup brushes must be cleaned after each use in the following sequential manner:

   (a) Remove all visible debris.

   (b) Fully immerse in a wet-sanitizer for at least not less than 10 minutes or the period recommended by the manufacturer of the disinfectant. 

  (10) A licensee, student, or apprentice shall launder reusable towels, capes, and neck strips with a detergent in water of not less than 160 degrees Fahrenheit for not less than 25 minutes during a wash and rinse cycle. The following exceptions and presumption apply to this subrule:

   (a) A detergent registered as a disinfectant with the EPA is not required. 

   (b) Machine washing is not required for plastic or nylon capes that are disinfected after each use by scrubbing all surfaces using a disinfectant wipe or a disinfect spray and clean towel.

   (c) Towels, capes, and neck strips laundered through commercial laundry services are presumed to satisfy the requirements of this subrule. 

R 338.2171b  Patron protection.

  Rule 71b. A licensee, student, or apprentice, or licensee shall satisfy all of the following: 

  (a) Ensure his or her that the individual’s attire and hands are kept sanitary. 

  (b) Apply antiseptic to his or her hands Ensure that the individual’s hands are disinfected with an antiseptic applied to the hands before performing any cosmetology service.

  (c) Store soiled towels, capes, and neck strips in fully enclosed covered containers.

  (c)(d) Clean tools, equipment, and supplies that are not disposed of after each use on a patron pursuant to R 338.2171a.

  (d)(e) Store clean tools, towels, capes, neck strips, and supplies in clean, covered, fully enclosed containers and separate from used tools, towels, capes, neck strips, and supplies.

  (e)(f) Use clean tools, equipment, and supplies on patrons. 

  (f)(g) Dispose of all single-use 1-time-use tools and supplies after each use on a patron. 

  (g)(h) Remove any hair clippings from the floor once Once hair care services are completed on a patron, remove any hair clippings from the floor. 

  (i) Store all semi-solid substances, including, but not limited to, waxes, creams, lotions, oils, and powders in a fully enclosed, covered container.

  (j) Remove all semi-solid substances by using a clean spatula or 1-time-use spatula that is disposed of after use on a patron, unless the substance is dispensed from a shaker dispenser that prevents contact with the skin. 

R 338.2171c  Mobile salon services performed in a self-contained or other device that is  

  moved, towed, or transported from 1 location to another. Rescinded. 

  Rule 71c. In addition to complying with all health and safety requirements in these rules, a mobile salon that is a self-contained vehicle or other device that is moved, towed, or transported from 1 location to another shall comply with all of the following:

  (a) It must not be used as a residence or for any purpose other than providing cosmetology services.

  (b) All furniture must be anchored to the unit.

  (c)  It must have a functioning restroom, including a self-contained, flush toilet with holding tank.

  (d) It must have a water heater that provides fresh, hot water continuously and on demand.

  (e) All chemicals must be stored in cabinets with secured safety latches in an area apart from customer service areas. 

  (f) All services rendered within the mobile salon must comply with all local, state, and federal laws and regulations where the services are provided.

  (g) It must parked in a safe, accessible, and legal parking spot when rendering services.  A ramp or lift must be provided for access if providing services for a disabled individual.  

  (h) No cosmetology services shall be performed while the mobile salon is moving.

R 338.2179e  Blood spill procedures.

  Rule 79e. (1) A licensee or owner shall comply with all of the following provisions if a 

  blood spill occurs:

   (a) Temporarily suspend the service being performed.

   (b) Provide the bleeding person individual with adequate first aid supplies so that the bleeding person individual can stop the bleeding and cover the wound.

   (c) Sterilize any equipment, tool, or implement that comes into contact with blood.

   (d) Immediately discard porous materials, including abrasive boards/blocks/buffers boards, blocks, or buffers, orangewood sticks, and pumice stones, if involved in a blood spill.

   (e) Immediately clean floors and other durable all surfaces soiled with blood and dispose of all blood soiled waste in compliance with the current standards established by the Michigan Occupational Safety and Health Administration.  with a sodium  hypochlorite solution such as household bleach or other approved hospital grade disinfectant.  

  (f) Dispose of blood spill waste in clearly labeled containers or bags.

  (2) A licensee, student, or apprentice shall not perform services until all bleeding has ceased and the wound has been covered. A licensee, student, or apprentice shall keep an open sore, cut, burn, or other wound covered when services are being performed.

R 338.2179g  Licensee, Student student, apprentice, and licensee; prohibitions.

  Rule 79g.  (1) A licensee, student, or apprentice, or licensee shall not do any of the following, and a licensee shall not allow another to do any of the following:

   (a) Use or possess methyl methacrylate monomers.

   (b) Abrade, roughen, buff, or file the nail plate to the extent that the nail bed is exposed or that deeply filed trenches or ridges in the nail plate are created.

   (c) Use a nail white pencil.

   (d) Use lump alum or a styptic pencil to stop bleeding.

   (e) Carry any equipment, tools, implements, or supplies in the pocket of a uniform or other garment.

   (f) Use the same powder puffs, makeup brushes, or cosmetic pencils on more than 1 patron.

   (g) Use an ultraviolet ray electrical sanitizer to disinfect or sterilize items. However, items that are disinfected or sterilized pursuant to R 338.2171a may be stored in an ultraviolet ray electrical sanitizer.  

   (h) Use or possess a blade in the practice of manicuring or pedicuringto cut, shave, or remove any layer of the skin or skin growths from anywhere on a patron’s body.

   (i) Possess a blade that is used for or is intended to cut, shave, or remove any layer of the skin or skin growths from anywhere on a patron’s body.

   (i)(j) Perform services that are limited to the scope of practice of a licensed health profession regulated under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, including, but not limited to, microdermabrasion, dermaplaning, hydrodermabrasion, and Botox injections.  unless he or she is performing a service that is delegated to he under section 16215 of the public health code, 1978 PA 368, MCL 333.16215.

   (j)(k) Fail to provide proof of identity with a picture I.D. identification or alternative acceptable to the department at the time of an inspection, if requested by a department representative performing an inspection of the licensed establishment.

   (k)(l) Allow a member of the public to drink from a water source used for mixing chemicals. 

   (m) Use or possess any device, apparatus, or appliance to remove any layer of the skin below the stratum corneum.

   (n) Use any device, apparatus, appliance, product, technique, or practice to abrade, resurface, pierce, puncture, or inject any tissue or skin layer below the stratum corneum, except when performing electrology or when performing hair removal as allowed under section 1201(u)(iii) of the code, MCL 339.1201.

   (o) Possess any device, apparatus, appliance, or product to abrade, resurface, pierce, puncture, or inject any tissue or skin layer below the stratum corneum, except when performing electrology or when performing hair removal as allowed under section 1201(u)(iii) of the code, MCL 339.1201.

   (p) Diagnose or treat any human disease, ailment, defect, complaint, or other physical or medical condition.

   (q) Use or possess a laser or an ultrasound for any purpose.

   (r) Use any color, tint, or chemical preparation on the eyelashes or eyebrows of a patron that is intended to last longer than 6 weeks after application, or use any color, tint, or chemical preparation on the eyelashes or eyebrows of a patron that is not specifically intended for that use. 

  (2) An esthetician shall not use razors, scissors, or clippers, or a razor on the scalp of a patron. 

  (3)  A natural hair cultivation student, apprentice, or practitioner shall not use reactive chemicals or perform any service included in the practice of cosmetology as defined in section 1201 of the code, MCL 339.1201.

PART 6. OPERATION OF MOBILE SALON

R 338.2180  Mobile salon premises; license display; permanent, physical business   address; contact information; notice of sale or transfer; change of name or contact   information.  Rescinded.

  Rule 80.  (1)  The premises of a mobile salon, as defined in section 1201(s) of the code, MCL 339.1201, shall comply with all requirements established under the code and these rules.

  (2)  A mobile salon shall display the establishment license and the license of each cosmetologist who works in the mobile salon in compliance with section 1204(2)(b) of the code, MCL 339.1204. 

  (3)  The mobile salon owner shall provide and keep current with the department all of the following contact information:

    (a)  The permanent, physical business address of the mobile salon.

    (b)  The permanent physical address of the mobile salon owner.

    (c)  The telephone number of the mobile salon.

    (d)  The telephone number of the mobile salon owner.

    (e)  The electronic mail address of the mobile salon owner.

  (4)  As provided in R 338.2127(2), the sale or transfer of a mobile salon voids the cosmetology establishment license.  The mobile salon owner shall notify the department within 15 calendar days before there is a change to its permanent, physical business address. 

  (5)  A mobile salon owner shall report a change in his or her name or any of the contact information required by subrule (2) of this rule within 15 calendar days before the change to facilitate the department’s ability to locate, investigate, and inspect the mobile salon to ensure compliance with the requirements of the code and these rules, pursuant to section 1203(2)(c) of the code, MCL 339.1203.

R 338.2181  Mobile salon premises; license display; permanent, physical business

  address; contact information; notice of sale or transfer; change of name or contact

  information.

  Rule 81.  (1) The mobile salon and its owner shall comply with both of the following:

   (a) Display the establishment license and the license of each individual cosmetologist who works in the mobile salon providing a cosmetology or subfield license service, in compliance with section 1204(2)(b) of the code, MCL 339.1204.  

   (b) Provide and keep current with the department all of the following contact information:

    (i) The permanent, physical business address of the mobile salon.

    (ii) The permanent, physical address of the mobile salon owner.

    (iii) The telephone number of the mobile salon.

    (iv) The telephone number of the mobile salon owner.

    (v) The electronic mail address of the mobile salon owner.

  (2) As provided in R 338.2127(2), the sale or transfer of a mobile salon voids the establishment’s license.  The mobile salon owner shall notify the department within 15 calendar days of a change to its permanent, physical business address, as described in R 338.2127(1).  

  (3) A mobile salon owner shall report a change in the owner’s name or any of the contact information required by subrule (1) of this rule within 15 calendar days of the change to facilitate the department’s ability to locate, investigate, and inspect the mobile salon to ensure compliance with the requirements of the code and these rules, pursuant to section 1203(2)(c) of the code, MCL 339.1203. 

R 338.2183  Patron protection for mobile salon services performed in a self-

  contained or other device that is moved, towed, or transported from 1 location to 

  another.  

  Rule 83. In addition to complying with all health and safety requirements in part 5 of these rules, the mobile salon and the owner of a mobile salon that is a self-contained vehicle or other device that is moved, towed, or transported from 1 location to another shall comply with all of the following:

  (a) The mobile salon shall not be used as a residence or for any purpose other than providing cosmetology services.

  (b) All furniture must be anchored to the unit.

  (c) The mobile salon shall have a water heater that provides fresh, hot water continuously and on demand sufficient to satisfy the requirements of R 338.2171(2)(a).

  (d) All chemicals must be stored in cabinets with secured safety latches in an area apart from customer service areas. 

  (e) All services rendered within the mobile salon must comply with all local, state, and federal laws and regulations where the services are provided.

  (f) The mobile salon shall be parked in a safe, accessible, and legal parking spot when rendering services.  A ramp or lift must be provided for access if providing services for a disabled individual.  

  (g) No cosmetology services are to be performed while the mobile salon is moving.

R 338.2187  Mobile salons; duty to provide itinerary; duty to provide access to the

  premises.

  Rule 87.  (1) The mobile salon and its owner shall comply with both of the following:

  (1)(a) Within 10 calendar days of after receiving a notice of a request for disclosure of the mobile salon’s itinerary issued by the department, the mobile salon owner shall provide the department with a written, detailed itinerary indicating the dates, times, and locations where the mobile salon will be located and providing cosmetology services for the upcoming 30 calendar days.  The notice of a request for disclosure of the mobile salon’s itinerary from the department is effective 3 business days after it is mailed by first-class mail to the permanent, physical business address of the mobile salon.

  (2)  The notice of a request for disclosure of the mobile salon’s itinerary from the department is effective 3 business days after it is mailed by first-class mail to the permanent, physical business address of the mobile salon.

  (3)(b) The mobile salon owner shall ensure Ensure that the department has permission and access to enter the premises of a mobile salon, including a location defined in section 1201(o)(ii) of the code, MCL 339.1201, at any time that a cosmetology service is being provided on the premises.  

R 338.2188  Mobile salon; records.

  Rule 88. The mobile salon and its owner shall The mobile salon owner shall maintain the following records at the permanent, physical business address of the mobile salon:

  (a) Seven years of appointment records, or if the mobile salon has been in operation less than 7 years, all appointment records.

  (b) A copy of the license of each employee or independent contractor performing a cosmetology service on the premises of the mobile salon.

  (c) If the mobile salon is a self-contained vehicle, a copy of the vehicle registration and proof of insurance.