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Minnesota Legislature

Office of the Revisor of Statutes

2105.0375 INFECTION CONTROL REQUIREMENTS.

Subpart 1.

Duties.

It is the responsibility of all licensees, including the salon owner and the designated licensed salon manager (DLSM) to ensure that all infection control requirements are followed. Items, tools, and equipment for regulated services in or on salon premises are subject to the requirements of this part even if not intended for use in services.

Subp. 2.

Hand washing.

All licensees must thoroughly wash their hands with soap and water and dry them with a single-service paper or cloth towel or air dryer before providing any service to a client. An alcohol-based hand rub with a minimum of 60 percent alcohol may be used in lieu of hand washing only when the hands are free of lotions, ointments, product, or visible soil. Gloves and hand wipes are not an acceptable substitute for hand washing.

Subp. 3.

Cleaning.

Before disinfecting any surface or item, any visible debris and disposable parts must be removed and the surface or item must be washed with soap and water or a cleaning agent, rinsed thoroughly, and dried before being disinfected. Surfaces may be wiped with a cleaning agent before being disinfected. Any cleaning agent not in the original container must have a legible label with the name of the agent and use instructions. If the original container with instructions is available, use instructions are not required to be repeated on the new container label.

Subp. 4.

Disinfecting.

A.

Only hospital-level, EPA-registered disinfectants that are labeled as bactericidal, virucidal, and fungicidal may be used. Alcohol is not an acceptable disinfecting agent. Bleach products must have an EPA registration for hospital-level disinfection.

B.

Items to be disinfected must first be cleaned according to subpart 3.

C.

Disinfectants must be used according to the manufacturer's directions, including contact time, safety precautions, dilution requirements if any, and proper disposal. Disinfectant sprays or wipes must not be used except where noted in this part.

D.

Disinfectant solutions must be legibly labeled with the disinfectant name and any dilution requirements. Disinfectant solutions must be disposed of immediately if visible debris is present. If concentrated disinfectants must be diluted with water, measuring devices must be readily available and used to ensure an effective solution is made. Unless otherwise directed by the disinfectant label, disinfectant solutions must be made daily and disposed of at the end of the day.

E.

All surfaces of a tool or implement, including handles, must be disinfected by fully submerging the item in disinfectant in a covered container for the full contact time listed in the manufacturer's directions. Following disinfection, items must be rinsed to prevent exposure of clients and licensees to unsafe pesticides and chemicals. Items must be dried before being stored.

F.

Each salon must have disinfectant containers with covers. The containers must be large enough to totally submerge the implements and tools in disinfectant. The number of covered containers and size of containers must be sufficient to hold all the implements and tools that need to be disinfected.

G.

Licensees must protect themselves by wearing gloves or using tongs to avoid direct skin contact with the disinfectant and observe all safety precautions in the manufacturer's directions.

Subp. 4a.

Sterilizing.

A.

Any tool or implement that is designed to puncture or invade the skin must be cleaned and then sterilized before the tool or implement can be reused. A sterilized tool or implement must be stored in the sterilization pouch or container in which it was sterilized. Each sterilized package or container must have the batch number and date of sterilization, corresponding to the log of use referenced in item D.

B.

Autoclaves, steam or dry heat sterilizers, chemical vapor sterilizers, and any other sterilizing device must be registered and listed with the United States Food and Drug Administration and used only as instructed by the manufacturer.

C.

Autoclaves and other sterilizers must be spore tested through an independent lab every 30 days to ensure functionality. Spore-testing results and maintenance records must be kept on site at the salon for 36 months. Autoclaves and autoclave packaging of tools are prohibited unless regular spore tests are performed by a contracted laboratory at least once per month but not more than 30 days between tests. If a positive spore test is received, the autoclave must not be used until a negative spore result is received. The salon must maintain a log of each use, all testing samples and results, and a maintenance log of all maintenance performed according to the manufacturer's directions. The salon must retain the most recent 36 months of the log at the salon for review by the board.

D.

Sterilized items must be stored in the package in which they were sterilized. Each package must show the batch number and sterilization date corresponding to the log kept of each sterilization process required in item C.

Subp. 5.

Blood and body fluid exposure.

Licensees must stop a service whenever an unexpected cut, abrasion, or other injury occurs during a service resulting in exposure to blood or other body fluids, or when blood or other body fluids appear as a result of a service, and follow the steps in items A to G.

A.

The licensee must put on gloves.

B.

If possible, rinse the wound with running water.

C.

Clean the wound with an antiseptic solution and cover with a sterile bandage.

D.

If the wound is on the licensee's hand, the licensee must wear a glove or finger cover covering the wound. If the wound is on the client, the licensee must wear gloves on both hands to complete the service.

E.

Blood-stained tissue or cotton or other blood or body fluid contaminated material must be placed in a plastic bag, sealed, and discarded.

F.

Before resuming service, the licensee must first remove from service any equipment, tools, and implements that came into contact with blood or other body fluids, clean and disinfect any contaminated surfaces, and then clean and wash hands with soap and water.

G.

Contaminated tools, implements, and equipment must be cleaned and then disinfected or sterilized according to subparts 3, 4, and 4a.

Subp. 6.

Storage of items.

A.

Disinfected items must be stored in clean, closed containers, cupboards or drawers, or on a clean towel and covered with a clean cloth towel or clean drape, and must not come into contact with contaminated items or nondisinfected items. Storage containers must have solid sides and lids and must be cleaned and disinfected with disinfectant wipes or spray weekly and before use if visibly soiled.

B.

Plastic or paper bags or sealed wrapping must not be used to store disinfected items unless the item has been sterilized under the requirements of subpart 4a.

C.

Items pulled out for service must not come into contact with contaminated surfaces.

D.

Tools, implements, linens, and other nonelectrical items that have been removed from clean storage must be placed in covered and closed containers labeled "used" immediately after the service is completed, or immediately cleaned and disinfected or sterilized. Storage containers for used items must have solid sides and lids and must be cleaned and disinfected weekly or whenever visibly soiled. Disinfectant wipes or sprays may be used when the container is too large to be submerged in disinfectant.

Subp. 7.

Safety and infection-control practices.

A.

Only cleaned, disinfected or sterilized, and properly stored tools and implements must be used on a client.

B.

A supply of disinfected or sterilized tools and implements, single-use supplies, and disinfectant must be present and available for use by practitioners. The supply must be sufficient, based on the practitioner and salon service volume, to ensure each client is serviced with tools and implements that are either properly cleaned and disinfected or sterilized each day.

C.

All fluids, semifluids, creams, waxes, and powders must be kept in clean, covered containers with a solid cover and must be dispensed in a manner that prevents contamination of the unused supply.

(1)

Disposable or disinfected spatulas or applicators must be used to remove products from containers, and fingers must never be used. Spatulas, applicators, or scoops must not be stored in the container.

(2)

Products removed from containers must not be returned to the containers and must be used or discarded.

(3)

Containers must be wiped clean and the exterior disinfected with a disinfectant wipe at the end of the day.

D.

All products must be legibly labeled if not in the original container.

E.

Each pencil cosmetic must be sharpened before each use with a disinfected pencil sharpener. When a pencil-type cosmetic is in a mechanical applicator or is of a diameter too small to be sharpened, the exposed tip of the product must be removed with a disinfected scissors or knife, and the tip of the applicator wiped with alcohol before use on another client.

F.

Licensees must comply with all manufacturer's directions for product and equipment use.

(1)

When the manufacturer's use directions require a patch test, the licensee must:

(a)

offer a patch test; and

(b)

provide information to the client regarding the risk of potential adverse reactions to the product.

(2)

Licensees must comply with the manufacturer's directions for machine and equipment use and maintenance.

(3)

Licensees must maintain all equipment and product instructions and manuals on the salon premises.

G.

Licensees must not perform services on clients with open wounds or sores in the area of the body to be serviced.

H.

Animals are not allowed in salons. This prohibition does not apply to service animals as defined by the Minnesota Human Rights Act, the Americans with Disabilities Act (ADA), and related regulations, as amended.

I.

Live fish, leeches, snails, and other living creatures may not be used in any cosmetic service.

J.

Uncovered food or beverages are not allowed in the presence of uncovered disinfectant solutions, or when disinfectant solutions are made or disposed of, or when disinfectant sprays are used.

K.

Licensees must not eat or smoke, including electronic cigarettes, while performing any services. Any beverage for a licensee must be covered with a lid during any service.

L.

Tools and implements must not be placed in or on clothes, aprons, pockets, bags, or holsters, or worn by the licensee, and must not come into contact with contaminated surfaces.

M.

Tools or implements dropped on the floor or otherwise contaminated during a service must be removed from the work station, cleaned and disinfected or sterilized, or placed in a covered container labeled "used" until cleaned and disinfected or sterilized.

N.

Wig blocks must have a nonabsorbent covering. Each nonabsorbent covering must be removed after each servicing of a wig, cleaned and disinfected, and must be stored in a properly labeled covered container. Wigs accepted for service must be stored in individual clean and disinfected containers, or in a new disposable container such as a plastic bag. New plastic wrap or other suitable clean and disinfected covering material must be placed over a customer's hair while trying on wigs for purchase, and the wig must not be allowed to come into contact with the skin, hair, or wigs of the customer.

O.

Licensees must wear gloves as required in this part. Before donning gloves, licensees must wash hands and wrist area with soap and water. Gloves must be changed during a service if a glove becomes damaged or comes in contact with any nonclean surface or objects or with a third person. Gloves must be discarded at the end of every service.

Licensees must wear gloves when:

(1)

performing extractions, waxing, or hair removal services;

(2)

when using a device or implement that penetrates the skin;

(3)

when providing any service on the skin where the skin barrier is not intact or is compromised;

(4)

when the licensee's skin on the hand is not intact or is compromised; and

(5)

when mixing or touching disinfectant solutions.

Subp. 8.

Laundered items.

Each towel, robe, and linen used to cover or protect customers must be used only once and then be laundered with detergent and hot water in a washing machine, dried on hot, and immediately stored in a clean, covered container. Plastic or nylon capes and aprons may be washed in a machine and dried on any setting in a dryer or may be disinfected with a spray disinfectant. Used or soiled towels, linens, and capes must be stored in closed containers labeled "used." Steamed towels and cloths must meet the requirements of subpart 15, item G.

Subp. 9.

Shears and razors.

Shears and razors are not required to be washed, but must be wiped to remove hair, product residue, and skin debris, and then disinfected with an EPA-registered, hospital-level disinfectant spray or wipe after each use. The surfaces must remain wet with the spray or wipe disinfectant for the contact time listed on the disinfectant label.

Subp. 10.

Brushes.

Licensees must follow the procedures in subparts 3 and 4 for all hair or color brushes, brushes used in nail or skin services, makeup brushes, and neck brushes. Brushes used in solvent-based nail products that do not support microbial life are exempt from the disinfection requirement.

Subp. 11.

Electrical and electronic tools.

Electric clippers, nail drills, flat irons, blow dryers, glass or metal electrodes, high frequency wands, esthetic machines, steamers, diffusers, or other electric or electronic tools must be cleaned and disinfected or sterilized after each use, including the body, handle, and attached cord.

A.

Plastic guards and any nonmetal removable parts must be removed, cleaned, and disinfected as required in subparts 3 and 4.

B.

Metal guards, clipper blades, drill bits, and other parts designed to be removed must be removed. All product residue, hair, skin debris, nail dust, and other visible debris must be removed using a disinfected brush or clean towel, and the removable part must be disinfected with an EPA-registered, hospital-level disinfectant spray or wipe after each use. The surfaces must remain wet with the spray or wipe disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed.

C.

Clipper blades that are not detachable must have the hair removed using a disinfected brush or a blade wash, and the clipper blade must be disinfected with a hospital-level disinfectant spray. The surfaces must remain wet with the spray disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed.

D.

The surface of the tool's body, handles, and attached cord must be brushed or wiped clean of all product residue, hair, skin debris, nail dust, and other visible debris, and then disinfected with an EPA-registered, hospital-grade disinfectant spray or wipe after each use. The surfaces must remain wet with the spray or wipe disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed.

E.

Disinfected electrical and electronic tools must be stored when not in use. Acceptable storage includes a clean and disinfected:

(1)

surface;

(2)

stand or hook; or

(3)

closed container, cupboard, or drawer.

F.

Skin care machines and equipment must be cleaned and then disinfected or sterilized according to the manufacturer's directions.

Subp. 12.

Pedicure stations.

Pedicure tubs, including basins, and piped and pipeless tubs must be cleaned and disinfected according to items A to C.

A.

Immediately after each service:

(1)

dirty water must be drained and any visible debris removed;

(2)

all removable filter screens, inlet jets, footplates, impeller assemblies, and other parts must be removed and debris eliminated before scrubbing with a disinfected brush and detergent and water;

(3)

the tub basin must be scrubbed with detergent and water, and rinsed with water and drained;

(4)

removable parts must be replaced;

(5)

the basin or tub must be filled with clean water and an EPA-registered, hospital-level disinfectant must be added following the manufacturer's directions. If the pedicure tub is electrical, the fan or pump must be turned on and the unit operated for the entire contact time; and

(6)

after the contact time is complete, the disinfectant must be drained and the tub rinsed with clean water.

B.

Pedicure tub liners are single-use items under subpart 13 and must be disposed of immediately after use. When disposable tub liners are used, item A does not apply. When tub liners are used, the pedicure tubs must remain in clean and disinfected condition.

C.

Pedicure tubs of all kinds must always be maintained in a clean and disinfected condition, even if the tub is broken or not in service. If the circulating mechanism isn't working, the screens must be cleaned and the tub surface disinfected.

Subp. 13.

Single-use items.

Foam toe separators, foam buffer blocks, pedicure tub liners, pumice bars or stones; chamois, paper, or foam flip-flops or slippers; nail files unless governed by item B; sanding bands or sleeves; paper sandpaper drill bits; wooden applicators; cotton balls, cotton pads, or swabs; gauze pads; sponges; neck strips; wax strips; under-eye pads; tape; and other items made with paper, wood, foam, or other porous materials are single-use items, may be used one time only, and must be immediately disposed of in a trash can after each service. Lancets and extraction needles are single-use items and must be disposed of in a sharps container. Brushes are not single-use items when the provisions of subpart 10 are met. Linens are not single-use items when the provisions of subpart 8 are met.

A.

New, single-use items must be stored in clean covered containers with solid sides and lids containing only new or disinfected items. New items in the original sealed packaging may be stored out in the open.

B.

All nail files are single-use items unless made of metal, glass, or crystal. Ceramic nail files are single-use items unless completely sealed by a glaze.

C.

For the purpose of scoring the edges of sharp single-use files, one file may be repeatedly used to file down the edge of a supply of new files, provided that the practitioner wears gloves while preparing the new files and that the file used by the practitioner is kept in the dispensary in a disinfected container labeled "score file." Each salon may have only one score file.

Subp. 14.

Wax and paraffin services.

Wax pots and paraffin warmers must be kept covered and the exterior cleaned daily.

A.

If debris is found in the wax pot or paraffin warmer, or if the wax or paraffin has been contaminated by contact with skin, unclean applicators, or double-dipping, the wax pot or paraffin warmer must be emptied, the wax must be discarded, and the pot or warmer must be disinfected.

B.

Disposable spatulas and wooden sticks must be dipped into the wax only once and then discarded without using the other end.

C.

Applicators must be dipped only once into the wax unless the wax is a single-service item and unused wax is discarded after each service.

D.

Any surface touched by a used wax stick must be cleaned and disinfected immediately after the service.

E.

Paraffin wax must be portioned out for each client in a bag or other container, or dispensed in a manner that prevents contamination of the unused supply.

Subp. 15.

Salon fixtures.

A.

Counters, tables, reception-area chairs, and desks must be cleaned daily with soap and water or a cleaning agent.

B.

Work surfaces where services are performed, such as shampoo bowls, nail tables, facial chairs or beds, or waxing beds, must be protected from skin contact by a clean cloth or paper towel or sheet. The work surface must be cleaned and disinfected daily, using EPA-registered, hospital-level disinfectant wipes or sprays with the surface wet for the contact time in the product directions. If a customer's skin comes into contact with the surface, the surface must be cleaned and disinfected immediately after the service.

C.

Stylist chairs at hair stations, chairs at shampoo stations, manicure chairs, and pedicure throne chairs must be cleaned and disinfected at the end of each day. EPA-registered hospital-level disinfectant wipes or sprays must be used and the surface must be wet with the disinfectant for the contact time in the product directions.

D.

Sinks and shampoo bowls must be cleaned and disinfected daily with a disinfected spray or wipe, including faucet handles, spray handles, inside bowls, and outside surfaces. Hair must be removed from shampoo bowls immediately after each shampoo service.

E.

Rolling carts, work trays, or other containers used to hold tools and implements during a hair, skin, waxing, nail, pedicure, or other service must be cleaned and disinfected daily with a disinfectant spray or wipe.

F.

Hair and debris must be removed from the floor immediately after each service.

G.

Towel warmers must be disinfected daily with a disinfectant wipe or spray. Salons using hot steamed towels in services must meet these requirements:

(1)

towels must be washed with detergent and bleach and dried using a hot dryer setting;

(2)

practitioners preparing towels for the warmers must first wash their hands or wear gloves; and

(3)

wet towels used in services must be prepared fresh each day. At the end of the day, unused steamed towels must be removed and laundered.

Subp. 16.

Eyelash extension services.

A.

Eyelash stands, holders, pallets, and trays must be cleaned and disinfected before use with each client.

B.

Glue pallets and holders must be cleaned and disinfected before use with each client.

C.

Eyelash extensions must be stored in a clean, closed container or in closed, original packaging. Eyelash extensions that are removed from the container or original packaging for a client's eyelash service and not used must be disposed of and must not be used for another client. When removing eyelashes from the container or package to portion out eyelashes for a service, a licensee must use a disinfected scissors, blade, or other tool to snip a portion of a strip, or a disinfected tweezer to portion out the lashes for each service.

Statutory Authority:

MS s 14.389; 155A.23; 155A.26; 155A.27; 155A.29; 155A.30; L 2015 c 77 art 2 s 81; L 2017 1Sp4 art 2 s 64

History:

41 SR 305; 42 SR 589; 43 SR 347

Published Electronically:

October 8, 2018