1. (a) A licensee may be issued a violation jointly or individually if found in noncompliance with these sanitation rules.
2. (b) Every cosmetology establishment shall be given a sanitary rating covering the entire establishment and should maintain a sanitary rating on each inspection report of not less than 70% as a minimum satisfactory standard of operation.

3. (c) General Sanitation Requirements.

   1. (1) Each establishment and work area shall be kept in a clean, orderly, and sanitary condition at all times.
   2. (2) Linoleum or tile flooring must be tight with no broken areas or badly worn spots. Floors shall be constructed of smooth, hard-finished materials, such as quarry tile, terrazzo, ceramic tile, etc., or covered with washable composition materials. Hair cuttings must be immediately swept up and deposited in a trash container after each haircut. No carpet shall be permitted except in reception or office areas. Walls and fixtures shall be of a sanitary nature. Ceilings must be properly maintained.
   3. (3) Styling stations, working stations, and manicure tables must be cleaned and disinfected with a hospital grade EPA registered disinfectant prior to client services. All drawers and shelves used for the storage of rollers, brushes, combs, pins, nets, and equipment must be disinfected with a hospital grade EPA registered disinfectant solution and shall not be used for storage of non-related cosmetology equipment or supplies. One drawer or cabinet may be designated for storage of personal items and shall be clearly labeled as such.
   4. (4) The premises shall be kept free of rodents, vermin, flies, or other similar insects.
   5. (5) All bathrooms, toilets and adjoining rooms shall be kept in a clean and sanitary condition. Restrooms shall not be used as storage rooms and floors shall be clean and free of trash and rubble.
   6. (6) Trash containers used for the disposal of hair or nail clippings must be covered. All trash containers must be emptied daily and kept clean by washing or using plastic liners.
   7. (7) Furniture, equipment, and other fixtures shall be of a washable material and kept clean and in good repair.
   8. (8) Broken equipment must be removed.
   9. (9) Clean towels shall be used on each client.
   10. (10) After a towel has been used once, it shall be deposited in a partially closed receptacle, container, or basket, and shall not be used again until properly laundered and disinfected.
   11. (11) Used towels shall be laundered in chlorinated hot water either by commercial or non-commercial laundering.
   12. (12) Before servicing each client, each cosmetologist is required to have implements and tools that have been cleaned and disinfected with a hospital grade EPA-registered disinfectant solution.
   13. (13) All cosmetology implements and supplies must be disinfected with a hospital grade EPA registered disinfectant solution, must be clean to sight and touch, and stored in a closed container.
   14. (14) Electrical appliances shall be kept clean by wiping the surface with a towel or cotton pad dampened with a hospital grade EPA registered disinfectant solution. The solution must remain on the surface for at least 10 minutes.
   15. (15) Disposable supplies shall be used whenever possible and must be disposed after each use.
   16. (16) Tools and implements must be cleaned using a wet disinfectant soaking container with a hospital grade EPA registered disinfectant solution. Before immersing objects in a wet disinfectant soaking container, all licensees must remove all debris from the object, pre-clean thoroughly with hot water and soap or cleaning solution, place tools and implements in the wet soaking container for the required time or according to the manufacturer's direction, remove tools and implements after the required time, wipe dry with a clean towel, and store in a labeled dry storage container.
   17. (17) Ultraviolet electrical sanitizers are permissible for use as a dry storage container.
   18. (18) Each licensee shall wash his or her hands thoroughly with liquid soap and hot water or a broad spectrum antimicrobial agent before attending each client, after touching the skin of any person, after servicing hairgoods, and immediately after using the toilet.
   19. (19) Each licensee must keep his or her body and clothing clean, sanitary, and free of offensive odor.

   20. (20) Licensees shall comply with the following sanitation procedures to arrest bleeding.

       1. (A) Liquid or powder astringents may be employed to arrest bleeding and shall be applied by means of sanitized pieces of gauze or cotton.
       2. (B) Lump alum and styptic pencil are prohibited.
       3. (C) In case of bleeding, a licensee must supply an injured party with liquid spray styptic/antiseptic and a band-aid, if necessary, double bag all blood-soiled (contaminated) articles, and label the bag with a red or orange biohazard warning.
   21. (21) Each cosmetology establishment and independent contractor shall properly label all products used in the conduct of their business in compliance with OSHA. Each cosmetology establishment and independent contractor must maintain a Material Safety Data Sheet on all chemical products used.

4. (d) Specific Sanitation Requirements.

   1. (1) Curling irons must be clean to sight and touch.
   2. (2) Shampoo bowls will be cleaned and disinfected with a hospital grade EPA registered tuberculocidal disinfectant solution, prior to being used for each client.
   3. (3) Haircutting capes and shampoo capes shall be kept clean. A sanitary neck strip or towel shall be used to keep the capes from coming into direct contact with the client's neck.
   4. (4) When cold wave rods are not in use, they must be covered with a cover or towel, until ready for use. Cold wave rods must be free from any solution, hair end papers, clippies, hairpins, and any additives.

   5. (5) Licensees shall comply with the following sanitation procedures relating to waxing.

      1. (A) Disposable gloves must be worn at all times when removing wax or when doing facial extractions.
      2. (B) All depilatories and all paraffin wax that has been in contact with a client's skin or been removed from the containers must be disposed of after each use. Used wax may not be reused under any circumstances.
      3. (C) All wax pots will be cleaned and disinfected with a hospital grade EPA registered disinfectant solution with no sticks left standing in the wax at any time. The wax remaining in the pot may remain and all wax removed from the pot must be disposed.
      4. (D) All areas of the body being treated in a wax service must be cleaned with a broad spectrum antibacterial agent.
      5. (E) Headrests of chairs shall be cleaned with a hospital grade EPA registered disinfectant solution prior to each service and covered with a clean towel or paper sheet for each client.

   6. (6) Licensees shall comply with the following sanitation procedures relating to whirlpool foot spas:

      1. (A) Before use upon each patron, each whirlpool foot spa shall be cleaned and disinfected in the following manner.

         1. (i) All water shall be drained and all debris shall be removed from the spa basin.
         2. (ii) The spa basin must be cleaned with soap or detergent and water.
         3. (iii) The spa basin must be disinfected with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to manufacturer's instructions.
         4. (iv) The spa basin must be wiped dry with a clean towel.

      2. (B) At the end of each day, each whirlpool foot spa shall be cleaned and disinfected in the following manner.

         1. (i) The screen shall be removed, all debris trapped behind the screen shall be removed, and the screen and the inlet shall be washed with soap and water or detergent and water.

         2. (ii) Before replacing the screen, one of the following procedures shall be performed:

            1. (I) The screen shall be washed with a chlorine bleach solution of one teaspoon of 5% chlorine bleach to one (1) gallon of water, or
            2. (II) The screen shall be totally immersed in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to manufacturer's instructions.
            3. (III) The spa system shall be flushed with low sudsing soap and warm water for at least ten (10) minutes, after which the spa shall be rinsed and drained.

      3. (C) Every other week (bi-weekly), after cleaning and disinfecting as provided in this subsection, each whirlpool foot spa shall be cleaned and disinfected in the following manner:

         1. (i) The spa basin shall be filled completely with water and one (1) teaspoon of 5% bleach for each one (1) gallon of water.
         2. (ii) The spa system shall be flushed with the bleach and water solution for 5 to 10 minutes and allowed to sit for 6 to 10 hours.
         3. (iii) The spa system shall be drained and flushed with water before use upon a patron. A record shall be made of the date and time of each cleaning and disinfecting as required this subsection indicating whether the cleaning was a daily or bi-weekly cleaning. This record shall be made at or near the time of cleaning and disinfecting. Cleaning and disinfecting records shall be made available upon request by either a patron or a Department representative.
   7. (7) After the initial sale of a hairpiece, and prior to that hairpiece being resold, it must be properly disinfected and bear a tag showing that the proper sanitary procedures have been accomplished.

   8. (8) Licensees shall comply with the following sanitation procedures relating to wigs.

      1. (A) Soiled wigs and hairpieces shall be kept separate by placing in a closed bag to prevent the spread of disease until ready to be disinfected.
      2. (B) Any wig block used to service a hairpiece should be covered with a plastic bag and kept in a sanitized condition after each use. Any wig block used to service hairpieces shall be sprayed with a hospital grade EPA registered disinfectant solution after each use and kept in a sanitary condition. Holders and styling stations used for the purpose of styling wigs, wiglets, etc., shall be kept clean and in a sanitary condition at all times. This shall include the cleaning of wig dryers and related equipment.
      3. (C) Finished wigs and hairpieces shall be placed away from soiled wigs and hairpieces until ready to be returned to the client.
      4. (D) Bowls or containers used to clean or color wigs and hairpieces must be disinfected with a hospital grade EPA registered disinfectant solution after completion of each step in the service.

Source Note:The provisions of this §83.100 adopted to be effective December 8, 2005, 30 TexReg 8082.