212.1 Licensees shall maintain:

1. (a) A document called a “Report of Infection or Allergic Reactions” that details infections and allergic reactions reported to the barber, cosmetology, or personal grooming facility by a customer, as specified in §§ 212.2, 212.3, and 212.5; and
2. (b) Standard Operating Procedures (SOPs) for each modality of service provided at the barber, cosmetology, or personal grooming facility for review by the Department, as specified in § 212.9. SOPs shall be signed and dated and shall not be older (1) year.

212.2 Licensees shall submit to the Department a written report of any diagnosed infections or allergic reactions resulting from a cosmetic procedure within twenty-four (24) hours of its occurrence, knowledge of the occurrence, or customer generated complaint.

212.3 The report shall include the following information:

1. (a) Name, address, and telephone number of the affected customer;
2. (b) Name, location, telephone number and license number of the facility where the cosmetic procedure was performed;
3. (c) The complete legal name of the operator and his or her license number;
4. (d) The date the cosmetic procedure was performed;
5. (e) The type of cosmetic procedure performed, and product used, if applicable ;
6. (f) The location of the infection or allergic reaction, and the location on the body where the cosmetic procedure was applied;
7. (g) The name and address of the health care practitioner, if any; and
8. (h) Any other information considered relevant to the situation.

212.4 The Department shall use these reports in their efforts to identify the source of the Barbering, Cosmetology, and Personal Grooming Facility Regulations

adverse reactions and to take action to prevent its recurrence.

212.5 Licensees shall maintain all reports pertaining to infections and allergic reactions and SOPs at their facilities for review until the Department authorizes their disposal, as specified in § 212.9.

212.6 A list of emergency contact numbers shall be posted conspicuously and easily accessible to all personnel and shall include, but is not limited to:

(a) The nearest hospital;

(b) The nearest fire department;

(c) Emergency 911 service; and

(d) OSHA Emergency service number.

212.7 All files identified in this section that are maintained electronically shall be frequently backed up and accessible from multiple locations, if applicable.

212.8 An electronic record shall be retrievable as a printed copy.

212.9 The licensee shall maintain all records at the facility for at least three (3) years or longer if required by any other applicable District law or regulation. The records shall be readily available for review by the Department upon request.

SOURCE: Final Rulemaking published at 68 DCR 013026 (December 10, 2021).