Oklahoma Proposed New Cosmetology Rules

Update: September 8, 2023

The State Board of Cosmetology (Board) announced in the Oklahoma Register that the rules below were adopted as proposed, with one exception. The final rules do not address curriculum or training supplies. The rules are effective September 11, 2023. If you have any questions, please contact the Board at John.Funderburk@cosmo.ok.gov.

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The Oklahoma State Board of Cosmetology (Board) proposed new rules that affect the following areas:

• Definitions
• Board structure and requirements
• Disqualifying criminal history and initial determination
• Eyelash extension specialist curriculum, supplies, work environment/tools, and fee
• Scope of practice for cosmetologists and facialists/estheticians

AHP has summarized the proposed rules for you below. Essentially, the rules break into two categories: The eyelash extension specialist license and amendments to the scope of practice for cosmetologists and facialists/estheticians.

Definitions (pages 2 and 3)

The proposed rules create definitions for eyelash extensions and eyelash extension specialist:

Eyelash Extensions—the application, removal, and trimming of threadlike, natural, or synthetic fibers to an eyelash, and includes the cleansing of the eye area and lashes, in addition to tinting, laminating, and lifting lashes. Eyelash extensions do not include any other cosmetology service, including, but not limited to, hair removal, makeup application, or skin care treatments.

Eyelash Extension Specialist—a person who is not a cosmetologist or esthetician/facialist/facial operator, but who holds a limited specialty license and is authorized to perform eyelash extensions as defined by this rule.

Board Structure and Requirements (page 4)

The proposed rules would remove the four-year staggered board terms. Board members would still serve four-year terms. The rules would require cosmetologists and barbers to have five years of continuous experience to be eligible board members. The public-school administrator member could be from a cosmetology school or from a barbering school; current language allows only cosmetology school administrators.

Disqualifying Criminal History and Initial Determination (page 1)

The proposed rules address disqualifying criminal history and opportunity for initial determination. There were emergency rules on this subject adopted in January 2023 effective through September 14, 2023. AHP summarized disqualifying criminal history and initial determination in a previous web post you can review here.

It is AHP’s understanding that the Board wants to permanently adopt the emergency rules, which will expire in September. Unlike the emergency rules, however, the proposed rules suggest the cost of an initial determination fee. The proposed $95 initial determination fee could be waived if the applicant can prove they are from a low-income household. The proposed rules also add that the executive director could close an initial determination file after 45 days if an applicant has not responded to a request from the Board.

Eyelash Extension Specialist Curriculum, Supplies, Work Environment/Tools, and Fee (page 3)

The proposed rules detail the recommended eyelash extension specialist course curriculum requirements. A course would consist of 320 hours of practice and classroom instruction under the direct supervision of an instructor licensed by the Board. A student could begin practicing on the public after 225 hours. The suggested curriculum and training supplies are provided below.

Curriculum:

1. Orientation, rules, and law (10 clock hours)
2. First aid and adverse reactions (15 clock hours)
3. Sanitation and contagious diseases (20 clock hours)
4. Safety and client protection (40 clock hours)
5. Eyelash growth cycles and selection (20 clock hours)
6. Chemistry of products (5 clock hours)
7. Supplies, materials, and related equipment (10 clock hours)
8. Eyelash extension application (160 clock hours)
9. Eyelash extension isolation and separation (15 clock hours)
10. Eye shapes (15 clock hours)
11. Professional image/salon management (10 clock hours)

Training supplies:

1. 1 textbook or manual
2. 1 mannequin
3. 1 first aid/eye wash/blood exposure kit
4. 1 straight tweezer
5. 1 curved tweezer
6. Adequate supply of disposable mascara wands
7. Adequate supply of disposable microfiber brushes
8. Adequate supply of lashes
9. Adequate supply of eyelash adhesive
10. Adequate supply of adhesive remover
11. Adequate supply of eyelash extension tape
12. Adequate supply of small scissors
13. Adequate supply of facial table/chair/beds

The proposed rules also provide sanitation and disinfection procedures required for eyelash extension services, specifically addressing work environment, implements, tools, glue/tape, lash extensions, and nozzles or droppers. The advised protocols in the proposed rules are detailed below.

Work environment:

• At least one seat available for each individual performing eyelash extensions.
• At least one seat or bed for each client receiving eyelash extension services.
• Chairs and beds, including headrests, must be cleaned and disinfected after providing services to each client.
• Chairs and beds must be made of, or covered in, a nonporous material that can be disinfected.
• Chairs and beds must be covered by a disposable sheet, nonporous plastic cover (disinfected between clients), clean sheet, or linen.
• A disposable paper-towel-like product or hand-sized towel may be used under the head of each client.
• A barrier, such as a freshly laundered towel or paper towel, must be placed on the tray or counter space and underneath any implements, tools, or supplies to be used when providing services to a client.
• Each licensee performing eyelash extensions must wash their hands with soap and water before performing any services on a client. A disposable, single-use, or freshly laundered forehead barrier must be used.

Implements:

• Implements must be cleaned and disinfected or disposed of.
• The following implements must be cleaned and disinfected after each client: Tweezers, nasal aspirator or electric eyelash dryer and other items used for a similar purpose, cutting implements, glue stones, lash tiles, lash pallets, and similar items used to pull lashes.
• The following items used during services must be replaced with clean items for each client: Disposable and terry cloth towels, hair caps, headbands, brushes, gowns, and spatulas that contact skin or products from multiuse containers.
• The following implements are single-use items and must be discarded in a trash receptacle after use: Disposable gloves, tissues, disposable wipes, fabric strips, surgical tape, eye pads, extensions, cotton swabs, face masks, brushes, extension pads, and other items used for a similar purpose.

Glue and tape:

Only properly labeled, semipermanent glue and glue remover that is intended for use on the human body can be used. De-tacking tape used for taping back eyelid skin or lashes cannot be de-tacked on skin. De-tacking must be done on a clean towel.

Lash Extensions:

• Extensions must be stored in a sealed bag or covered container and be kept in a clean, dry, debris-free storage area.
• When removing eyelashes from the container or package to portion out eyelashes for a service, a licensee must use disinfected scissors, blades, or other tools to snip a portion of a strip or use a disinfected tweezer to portion out the lashes for each service.
• Eyelash extensions that are removed from the container or original packaging for a client’s eyelash service and are not used must be disposed of and cannot be used for another client.

Nozzle or dropper:

Any nozzle or dropper used for rinsing or flushing the eye during the service cannot come in direct contact with the eye or skin.

Fee:

The proposed fee for an eyelash extension specialist license is $25.

Scope of Practice for Cosmetologists and Facialists/Estheticians (page 6)

The proposed rules make minor amendments to the scope of practice for cosmetologists and facialists/estheticians. The rules define what services puncture the skin and are, therefore, beyond the scope of a cosmetology license and a facialist/esthetician license.

“Puncturing the skin” is defined as perforating the skin by any means, including, but not limited to:

• Permanent makeup application
• Microblading—the semipermanent technique for enhancing the appearance of eyebrows during which pigment is inserted into the skin using a hand tool with a blade formed of tiny needles.
• Microneedling or collagen induction treatment/therapy—a procedure that uses a multi-needled device to create microchannels in the skin at a depth greater than 0.25 mm to stimulate the body’s natural healing process while minimizing cellular damage.
• The use of laser treatments, ultrasound, and high-intensity focused ultrasound (HIFU) treatments, radiation, plasma pen, hyaluron pen, injections, and FDA-approved Class 3 medical devices.
• CryoSculpting/CoolSculpting
• Dermabrasion—a procedure that uses a specialized instrument to “sand” or scrape away the top layers of the skin.
• Removing tattoos, skin tags, moles, or angiomas.

Because cosmetologists and facialists/estheticians can exfoliate stratum corneum cells, the proposed rules outline the criteria licensees must follow to perform chemical peels. Chemicals must be mixed and used at an ingredient concentration of 30 percent solution or less at final formulation. Or, with a pH value not less than three if all the following conditions are met:

1. The chemical peel preparation is a commercially available product approved for use by cosmetologists and/or facialists/estheticians
2. The licensee can provide documentation from the manufacturer that the specific product does not penetrate below the stratum corneum when used as directed
3. The licensee can provide documentation of training and/or certification in the use of the product
4. The licensee follows all the manufacturer’s directions in the use of the chemical peel preparation
5. The preparation is stored according to the manufacturer’s specifications and is discarded after its expiration date

The proposed rules also specify that microdermabrasion equipment used by a cosmetologist or facialist/esthetician must be FDA-approved as a Class 1 or Class 2 device (the use of Class 3 FDA-approved device for microdermabrasion is prohibited). Cosmetologists or facialists/estheticians must prominently display a certificate of training proficiency for each type of microdermabrasion equipment used.