in-20250716-IR-820250328FNA: The State Board of Cosmetology and Barber Examiners (board) is soliciting public comment on adding, amending, and repealing rules at 820 IAC 1.5, 820 IAC 2, 820 IAC 3, 820 IAC 4, 820 IAC 5, 820 IAC 7, 820 IAC 8, and 820 IAC 10 concerning updates to the board's: (1) education; (2) fees; (3) practice; (4) sanitation; and (5) facility; requirements related to beauty culture. The board seeks comment on the affected citations listed and any other provisions of Title 820 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #25-328 Sec. 1. The definitions in this article apply throughout this title. Sec. 2. "Autoclave" means an apparatus in which steam under pressure affects sterilization. Sec. 3. "Beauty culture professional" has the meaning set forth in IC 25-8-2-2.6. Sec. 4. "Beauty culture salon" has the meaning given in IC 25-8-2-2.4. Sec. 5. Unless otherwise specified, the term "beauty culture school" has the meaning set forth in IC 25-8-2-7. Sec. 6. "Board" has the meaning set forth in IC 25-8-2-3. Sec. 7. "Dry sanitized receptacle" means a clean, dry receptacle, cabinet drawer, or other closed container to hold disinfecting items. Sec. 8. "Wet disinfectant receptacle" means a receptacle large enough to hold a disinfectant solution where items can be immersed. Sec. 4. (a) An application for a cosmetology beauty culture school license shall must include the matters required by IC 25-8-5-3 and the following: (b) The application shall be completed in its entirety and verified. Sec. 7. (a) Applications for cosmetology salon, electrology salon, manicurist salon, and esthetic beauty culture salon licenses shall must include both the applicant's mailing address and the actual location of the salon, if different than the mailing address. (b) Applications for mobile salon licenses shall must include both the applicant's mailing address and the permanent address where records of appointments and license numbers of employees are kept, if different than the mailing address. (c) Applicants for mobile salon licenses shall provide the applicant's mobile telephone number. Sec. 1. (a) This rule establishes sanitary and equipment requirements for cosmetology beauty culture schools, cosmetology salons, electrology salons, manicurist beauty culture salons, and mobile salons. (b) Unless otherwise stated, all the requirements in this rule are applicable apply to cosmetology beauty culture schools, cosmetology beauty culture salons, and mobile salons offering cosmetology, manicuring, barbering, and electrology. Mobile salons that are not self-contained facilities shall have adequate equipment to perform the services at the temporary location. (c) Sections 8, 12, 13, 14, and 17 of this rule apply to electrology beauty culture salons and mobile salons offering electrology services. (d) Sections Section 8 and Sections 15 through 17 of this rule apply to manicurist beauty culture salons and mobile salons offering manicuring services. Sec. 1.1. The definition set forth in IC 25-8-2-5(a)(6) does not include the use of a straight razor. Sec. 3. (a) There must be at least: (b) Each workstation must have at least: (c) To offer esthetician and electrology services, there must be at least one (1) of the following: Sec. 6. (a) All Implements, except those that come in contact with blood or body bodily fluids, shall must be disinfected by complete immersion in a bactericidal, viricidal, and fungicidal disinfectant that is mixed and used according to the manufacturer's directions before use on a customer. (b) All Implements that have come in contact with blood or body bodily fluids shall must be disinfected by complete immersion in an Environmental Protection Agency (EPA) registered bactericide, viricide, fungicide, and tuberculocidal disinfectant that is mixed and used according to the manufacturer's directions before use on a customer. (c) Spills, except those that contain blood or body bodily fluids, shall must be disinfected by use of an EPA registered bactericidal, viricidal, and fungicidal disinfectant that is mixed and used according to the manufacturer's directions. (d) Spills that do contain blood or body bodily fluids shall must be disinfected by use of an EPA registered bactericidal, viricidal, fungicidal, and tuberculocidal disinfectant that is mixed and used according to the manufacturer's directions. Sec. 7. (a) A shampoo bowl or shampoo sink shall must be used. (b) A shampoo bowl may not be located in a restroom. (c) The following shall must be cleaned thoroughly and sanitized immediately after with an Environmental Protection Agency registered bactericide, viricide, fungicide, and tuberculocidal disinfectant before each use: Sec. 8. (a) Each Beauty culture professionals and students in a beauty culture school (b) All: (c) All (b) Students in a cosmetology beauty culture school shall at all times wear a clean, washable uniform or outer garment of the color and style established by the cosmetology beauty culture school for each course. The following Sandals or other open footwear are not acceptable elements of a uniform. (d) (c) Student name badges shall be are required as part of the uniform required by subsection (c) (b). (e) All cosmetology (d) Beauty culture school instructors and student instructors shall wear a clean, washable outer garment and badge identifying the following: Sec. 9. (a) Each cosmetologist, or student in a cosmetology school shall be Beauty Culture Schools or Salons are required to have an adequate supply of combs, brushes, and towels in order to service the needs of patrons customers. (b) An adequate supply under subsection (a) shall may not be not fewer less than twelve (12) towels. (c) An adequate supply under subsection (a) shall may not be not fewer less than eight (8) combs and three (3) brushes. (d) After each use on a customer, combs and brushes must be: Sec. 10. (a) Clean towels, shall linens, and headbands must be: (b) Soiled towels, shall linens, and headbands must be stored in a covered hamper. Sec. 11. Whenever a hair cape or drape is used, a clean cape, or a clean towel or other clean protection ,shall be must be used for each customer and placed around the customer's neck in such a manner to prevent way that prevents the hair cape or drape from touching the skin. Sec. 12. (a) All Metal instruments needles, and tweezers used by an electrologist shall must be sterilized prior to use on a customer. Needles must be prepackaged, sterile, and disposed of between clients. (b) Sterilization required under subsection (a) shall be is as follows: (c) An electrologist or electrology student in a cosmetology beauty culture school shall (d) The chair and table where a customer is receiving electrology services shall must have clean coverings. (e) There shall be A clean draping must be used between the electrologist and the customer during an electrology session. Sec. 13. (a) Where electrology is provided, the cosmetology beauty culture salon, self-contained mobile salon, or cosmetology beauty culture school shall maintain a separate room for the practice that is used exclusively for electrology services. (b) The room required under subsection (a) shall must be surrounded by ceiling to floor walls at least seven (7) feet in height from the floor and accessed only by closing solid, opaque doors. (c) This section does not apply to mobile salons. Sec. 14. (a) Electrology salons, cosmetology Beauty culture salons or self-contained mobile salons practicing electrology shall have the following equipment: (b) Mobile salons that are not self-contained facilities shall have adequate equipment to perform the services at the temporary location. (c) Regardless of the minimum requirements established in subsection (a), electrology salons, cosmetology beauty culture salons, practicing electrology or self-contained mobile salons must practicing electrology shall have whatever equipment is needed to adequately serve their customers and otherwise comply with IC 25-8 and this title. Sec. 15. (a) All Reusable implements used by a manicurist, beauty culture professional offering manicuring or manicurist student studying manicuring in a cosmetology beauty culture school, shall must be disinfected prior to before use on a customer. (b) Disinfection procedures required under subsection (a) shall be are as follows: (c) A manicurist beauty culture professional offering manicuring or manicurist student studying manicuring in a cosmetology beauty culture school shall do the following: (d) Before receiving manicure services, customers shall wash their hands with soap and water or waterless hand sanitizer before receiving manicure services that contains at least seventy percent (70%) alcohol. Sec. 16. (a) Manicurist Beauty culture salons cosmetology salons, or self-contained mobile salons practicing manicuring shall have at least the following equipment: (b) Mobile salons that are not self-contained facilities shall have adequate equipment to perform the services at the temporary location. (c) Regardless of the minimum requirements established in subsection (a), manicuring salons, cosmetology salons, or self-contained mobile salons practicing manicuring must have whatever additional equipment is needed to adequately serve their customers and otherwise comply with IC 25-8 and this title. (d) The use of razor devices to shave, reduce, or remove calluses or corns is prohibited. Sec. 16.1. (a) Before use on a customer, nondisposable instruments must be sterilized using an Environmental Protection Agency (EPA) registered tuberculocidal, bactericide, viricide, and fungicide disinfectant, used according to the manufacturer's instructions. (b) Sterilization required under subsection (a) is as follows: (c) Before use on a customer, facial bowls, towel warmers, and facial sinks must be cleaned with an EPA registered, bactericide, viricide, and fungicide disinfectant and rinsed with warm water. (d) An esthetician, a cosmetologist, an esthetics student, or a cosmetology student in a beauty culture school shall do the following: (e) The chair and table where a customer is receiving esthetician services must have clean coverings. (f) The customer's body should remain clothed or draped except for the areas receiving the service. (g) After serving a customer, disposable items, including: (h) An esthetician, a cosmetologist, an esthetics student, or a cosmetology student in a beauty culture school shall dispense all products in a sanitary manner using: (i) Lancets used by an esthetician, a cosmetologist, an esthetics student, or a cosmetology student in a beauty culture school must be disposed of in a lancet safety device (waste container) after serving a customer. (j) When waxing, estheticians, cosmetologists, esthetics students, and cosmetology students in a beauty culture school shall use a new applicator for each application of wax. Sec. 16.2. (a) Beauty culture salons or self-contained mobile salons practicing esthetics shall have at least the following equipment: (b) Mobile salons that are not self-contained facilities shall have the equipment identified in subsection (a), unless the licensee can demonstrate to the board in advance that the equipment is not necessary to perform the services offered at the temporary location. Sec. 16.3. (a) Public secondary, public postsecondary, or proprietary postsecondary beauty culture schools and salons where esthetics services are provided along with other beauty culture services shall maintain a separate room for the practice used exclusively for esthetic services. (b) The room required under subsection (a) must be: (c) This section does not apply to mobile salons. Sec. 17. (a) Cosmetology Beauty culture schools, cosmetology beauty culture salons, electrology salons, esthetician salons, manicurist salons, and self-contained mobile salons are prohibited from allowing pets on the premises. (b) In compliance with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), animals classified as service animals under 28 CFR 36.104 are not prohibited from being on the premises. (c) A person holding a cosmetology beauty culture school, or cosmetology beauty culture salon, license, electrology salon license, esthetician salon license, manicurist salon license, or a mobile salon license shall display a sign at the entrance of the salon, self-contained mobile salon, or school that states "no pets allowed". Sec 17.1. The use of razor devices to shave, reduce, or remove calluses or corns is prohibited. Sec. 1. Cosmetology Beauty culture schools may do the following: Sec. 2. (a) Cosmetology Beauty culture schools are prohibited from enrolling students who do not meet the educational requirements for licensure unless they advise the student that he or she they must obtain the education before he or she can obtain a license can be obtained. (b) The educational requirements referred to in subsection (a) are those required by statute for particular licenses as follows: Sec. 5. (a) Students in cosmetology beauty culture schools must shall be enrolled for (b) Students shall obtain all the required hours on the premises of the cosmetology beauty culture school; however, up to ten percent (10%) of the course discretionary hours may be used for: (c) A complete record of attendance hours of attendance for each student must be: (d) Students enrolled in cosmetology beauty culture schools shall complete the required education graduate within three (3) five (5) years from the date of enrollment. (e) The board may waive the requirements of subsection (d) if: the: Sec. 6. (a) Course hours obtained by students in cosmetology beauty culture schools for: (b) Students shall not be called away from scheduled theory and demonstration practice in order to do actual practice. Sec. 7. Cosmetology Beauty culture schools shall retain records for each student, which must include the following: Sec. 8. (a) If all the financial obligations have been met according to the cosmetology beauty culture school's contract, certified transcripts of all hours and grades must be available to any current or former student, upon request, within thirty (30) days. (b) Cosmetology school Beauty culture schools may charge a fee not to exceed ten dollars ($10) for providing a certified transcript. Sec. 9. Cosmetology Beauty culture schools shall retain student records for not fewer less than five (5) years, which shall include include the following: Sec. 10. (a) No Not later than the fifteenth day of each month, cosmetology beauty culture schools shall submit complete and make available to the board, upon request, a verified report to the board including the information required in subsection (b). (b) The report required by subsection (a) must include the following information concerning student activity in the previous month: (c) Cosmetology Beauty culture schools are not required to send enrollment cards to the board. Sec. 11. A student shall be deemed is considered to have graduated from a cosmetology beauty culture school (having completed the educational requirements established by IC 25-8-9-3(3)) when all of the following have occurred: Sec. 12. A cosmetology beauty culture school shall fill out its portion of its students' applications for a license no not later than ten (10) days after the student graduates under section 11 of this rule. Sec. 13. Cosmetology Beauty culture schools that are going out of business shall notify the board not less than thirty (30) days before closing and provide a transcript of completed education to the students enrolled at the time the school closes. Sec. 14. Cosmetology Beauty culture schools shall provide a copy of the state board of cosmetology examiners' licensing laws and rules to each student upon enrollment. This requirement may be satisfied by supplying each student with the Internet address through which the statutes and rules can be accessed online. Sec. 1. (a) The only businesses permitted in a cosmetology public postsecondary or proprietary postsecondary beauty culture school are the teaching of cosmetology and barbering beauty culture. Any other business operation must be: (b) Cosmetology Public postsecondary or proprietary postsecondary beauty culture schools shall contain at least three thousand (3,000) square feet of usable space. (c) Subsection (b) shall does not apply to any cosmetology beauty culture school licensed before July 1, 2001. However, cosmetology beauty culture schools that were licensed before July 1, 2001, and have less than three thousand (3,000) square feet may not reduce their square footage. Cosmetology Beauty culture schools that were licensed before July 1, 2001, and have more than three thousand (3,000) square feet may not reduce their sizes size to less than three thousand (3,000) square feet. (d) The board may waive the requirements of this section if a beauty culture school applicant can show good cause, such as there is a restriction of space and the beauty culture school has no option to seek a different space. In determining whether good cause exists, the board will consider the types of education programs offered, enrollment numbers, the number of faculty, and any other relevant information presented by the applicant. Sec. 2. (a) Cosmetology Public postsecondary and proprietary postsecondary beauty culture schools shall have the following: (b) The student lounge and locker room required in subsection (a) may be separate or combined. (c) The restrooms required in subsection (a) shall be located within the three thousand (3,000) square foot area required by section 1(b) of this rule. Sec. 3. Cosmetology Beauty culture schools shall have, and maintain in good working condition, at least the following equipment: which shall be maintained in good working condition: Sec. 5. (a) Not later than the completion of the first two hundred fifty (250) hours of education, cosmetology beauty culture schools shall furnish the following to each student enrolled in cosmetologist training: (b) The tool case required by subsection (a) shall must include at least the following: (c) The items required to be furnished to students under this section shall become the personal property of the students to be used in their training. (d) Public secondary beauty culture schools or beauty culture schools located in penal institutions may, in their discretion or as required by the penal institutions, alter the items given to students in the interest of security. Sec. 6. Cosmetology Beauty culture schools that offer a course in esthetics shall have at least the following equipment in good working condition located in a separate room for the use of esthetics students: Sec. 7. (a) Not later than the completion of the first eighty (80) hours, cosmetology beauty culture schools shall furnish the following to each student enrolled in esthetician training: (b) The esthetician tool case required by subsection (a) shall must include at least the following: (c) The cosmetic case required by subsection (a) shall include at least the following: (d) (c) The items required to be furnished to students under this section shall become the personal property of the students to be used in their training. Sec. 8. (a) Not later than the completion of the first forty (40) hours, cosmetology beauty culture schools shall furnish the following to each student enrolled in manicurist training: (b) The manicurist tool case required by subsection (a) shall must include at least the following: (c) The items required to be furnished to students under this section shall become the personal property of the students to be used in their training. Sec. 9. (a) Not later than the completion of the first forty (40) hours, the cosmetology beauty culture schools shall furnish the following to each student enrolled in electrology training: (b) In the teaching of theory and practice in electrology, schools shall use one (1) or more textbooks that sufficiently address issues in the practice of electrology as it currently exists. (c) A textbook that meets this requirement is the Compendium of Study, American Electrology Association, revised November 1991. (d) (b) The electrology tool case shall must include at least the following as needed: (e) (c) The items required to be furnished to students under this section shall become the personal property of the students to be used in their training. Sec. 5. (a) Not later than the completion of the first fifty (50) hours of education, beauty culture schools shall furnish the following to each student enrolled in barber training: (b) The tool case required by subsection (a) must include at least the following: (c) Public secondary beauty culture schools or beauty culture schools located in penal institutions (d) The items required to be furnished to students under this section become the personal property of the students to be used in their training. Sec. 1. (a) All Beauty culture instructors in cosmetology beauty culture schools must shall hold a beauty culture instructor license issued by the board. (b) In addition to complying with subsection (a), any an individual teaching electrology in a cosmetology beauty culture school must shall (c) In addition to complying with subsection (a), any an individual teaching esthetics in a cosmetology beauty culture school must (d) In addition to complying with subsection (a), any an individual teaching manicuring in a cosmetology beauty culture school must (e) In addition to complying with subsection (a), an individual teaching barbering in a beauty culture school shall hold a barber license issued by the board. (e) (f) In addition to complying with subsection (a), any an individual teaching cosmetology in a cosmetology beauty culture school must (f) (g) Notwithstanding subsections (a) through (e), beauty culture instructor students may instruct other students provided a licensed beauty culture instructor is present. Sec. 2. (a) Cosmetology Beauty culture schools shall provide at least one (1) instructor present for each twenty (20) students, or a fraction thereof, in attendance. An instructor who is engaged in personal or administrative matters shall not be considered present for the purpose of this subsection. (b) Instructors in the quantity required by subsection (a) shall be in the school during all classroom hours and shall supervise all the student demonstration practice hours and actual practice hours. (c) No electrology services shall may be provided to the customers of a cosmetology beauty culture school by a student without direct and full-time personal supervision of an instructor. (d) No esthetician services shall may be provided to the customers of a cosmetology beauty culture school by a student without direct supervision of an instructor. (e) No cosmetology services shall may be provided to the customers of a cosmetology beauty culture school by a student without direct supervision of an instructor. (f) No barbering services may be provided to the customers of a beauty culture school by a student without direct supervision of an instructor. Sec. 3. During school hours, instructors shall in beauty culture schools may not engage in the private or public practice of cosmetology or esthetics beauty culture. This shall does not prohibit instructors from engaging in cosmetology or esthetics beauty culture for the purpose of practical demonstrations for students. Sec. 1. (a) This rule establishes the requirements for the education for students in cosmetology beauty culture schools being trained as the following: (b) Cosmetology Beauty culture schools and their students must shall comply with the hour requirements as presented in detail in sections 4 through 7 of this rule. Credit hours may not be given for any hours not spent as provided for in sections 4 through 7 of this rule. Sec. 2. (a) Section 4 of this rule establishes the curriculum for cosmetologist training. (b) Section 5 of this rule establishes the curriculum for manicurist training. (c) Section 7 of this rule establishes the curriculum for electrologist training. (d) Section 7.1 of this rule establishes the curriculum for esthetician training. (e) Section 7.2 of this rule establishes the curriculum for instructor training. (f) Section 7.3 of this rule establishes the curriculum for barber training. (f) (g) In sections 4 through 7.2 7.3 of this rule: (g) (h) The hours required in classroom theory training identified in subsection (f) (g) are defined as a systematically organized knowledge of a system of facts, accepted principles, laws, and rules of procedure devised to: Sec. 4. (a) The following are the requirements for cosmetologist training: (b) Students shall be are required to complete not fewer than the number of actual practice performances provided for in the progress report required by section 10 of this rule. (c) All: (d) The actual practice not described in subsection (c) may be on actual customers of the cosmetology beauty culture school. However, students shall may not work on customers of the cosmetology beauty culture school until they have completed a total of two hundred (200) hours. Customers shall be rotated according to the students' needs for practice on live models. Sec. 5. (a) The following are the requirements for manicurist training: (b) Students shall be are required to complete not fewer than the number of actual practice performances provided for in the progress report required by section 14 of this rule. (c) The nails on two (2) hands or two (2) feet constitute one (1) performance of a manicure or pedicure. All: (d) Students shall may not work on customers of the cosmetology beauty culture school until they have completed a total of forty (40) hours. Customers shall be rotated according to the students' needs for practice on live models. Sec. 7. (a) The following are the requirements for electrology training: (b) Students shall be are required to complete not fewer than the number of actual practice performances provided for in the progress report required by section 12 of this rule. (c) All electrology services must be done on live models. (d) Students shall may not work on customers of the cosmetology beauty culture school until they have completed a total of forty (40) hours. Customers shall be rotated according to the students' needs for practice on live models. Sec. 7.1. (a) An esthetician curriculum shall must be a minimum course of seven hundred (700) hours of instruction in the theory and practice of esthetics consisting of the following: Sec. 7.2. The following are the requirements for the one thousand (1,000) five hundred (500) hour curriculum for instructor training: Sec. 7.3. (a) This section establishes the curriculum for barber training. The first column in subsection (c) states the subject matter of the training. The second column lists the number of hours required in classroom theory training and demonstration practice required for each student. The third column lists the actual practice required for each student. The fourth column lists the total number of hours of training required in each subject. (b) The hours required in classroom theory training identified in subsection (a) are defined as a systematically organized knowledge of a system of facts, accepted principles, laws, and rules of procedure devised to analyze, predict, explain, or demonstrate the nature of a particular subject matter of training. This system is distinguished from actual practice. (c) The following are the requirements for barber training: Sec. 8. (a) Cosmetology Beauty culture schools shall give their students examinations in each of the subjects required in a particular course as listed in sections 4 through 7.2 7.3 of this rule. Discretionary hours shall may not be considered a subject. (b) Cosmetology Beauty culture schools may cover more than one (1) subject per examination. (c) The passing score for each of these examinations shall must be at least seventy-five percent (75%). Sec. 9. (a) Cosmetology Beauty culture schools may not remove credits earned by students for any reason. (b) As used in this section, "credits earned" includes the following: Sec. 10. (a) Students in cosmetologist training shall perform not fewer than the number of performances of actual practice hours required by the student progress report. (b) It is the purpose of the progress report that the student, cosmetology beauty culture school, and board may at all times know the exact progress of the student concerning practical experience and the number of completed performances of required activities. (c) It is the responsibility of the cosmetology beauty culture school to keep the progress report up to date on a weekly basis. (d) The progress report reads as follows: OFFICIAL STUDENT PROGRESS REPORT TRAINING IN COSMETOLOGY 820250328FNA1.jpg STATE OF INDIANA BOARD OF COSMETOLOGY AND BARBER EXAMINERS REQUIREMENTS FOR USE OF PROGRESS REPORT Sec. 11. (a) Students in esthetician training shall perform not fewer than the number of performances of actual practice hours required by the student progress report. (b) It is the purpose of the progress report that the student, cosmetology beauty culture school, and board may at all times know the exact progress of the student concerning practical experience and the number of completed performances of required activities. (c) It is the responsibility of the cosmetology beauty culture school to keep the progress report up to date on a weekly basis. (d) The progress report reads as follows: OFFICIAL STUDENT PROGRESS REPORT TRAINING IN ESTHETICS 820250328FNA1.jpg STATE OF INDIANA BOARD OF COSMETOLOGY AND BARBER EXAMINERS REQUIREMENTS FOR USE OF PROGRESS REPORT Sec. 12. (a) Students in electrology training shall perform not fewer than the number of performances of actual practice hours required by the student progress report. (b) It is the purpose of the progress report that the student, cosmetology beauty culture school, and state board of cosmetology examiners may at all times know the exact progress of the student concerning practical experience and the number of completed performances of required activities. (c) It is the responsibility of the cosmetology beauty culture school to keep the progress report up to date on a weekly basis. (d) All The performances listed in this progress report are to be completed in accordance with 820 IAC 3. (e) The progress report reads as follows: OFFICIAL STUDENT PROGRESS REPORT TRAINING IN ELECTROLOGY 820250328FNA1.jpg STATE OF INDIANA BOARD OF COSMETOLOGY AND BARBER EXAMINERS REQUIREMENTS FOR USE OF PROGRESS REPORT Sec. 14. (a) Students in manicurist training shall perform not fewer than the number of performances of actual practice hours required by the student progress report. (b) It is the purpose of the progress report that the student, cosmetology beauty culture school, and state board of cosmetology examiners may at all times know the exact progress of the student concerning practical experience and the number of completed performances of required activities. (c) It is the responsibility of the cosmetology beauty culture school to keep the progress report up to date on a weekly basis. (d) All The performances listed in the progress report are to be completed in accordance with 820 IAC 3. (e) The progress report reads as follows: OFFICIAL STUDENT PROGRESS REPORT TRAINING IN MANICURING 820250328FNA1.jpg STATE OF INDIANA BOARD OF COSMETOLOGY AND BARBER EXAMINERS REQUIREMENTS FOR USE IN PROGRESS REPORT Sec. 16. (a) Students in barber training shall perform not fewer than the number of performances of actual practice hours required by the student progress report. (b) It is the purpose of the progress report that the student, beauty culture school, and board may know the exact progress of the student concerning practical experience and the number of completed performances of required activities. (c) It is the responsibility of the beauty culture school to keep the progress report up to date on a weekly basis. (d) Students are required to complete practice performances provided in the progress report listed in subsection (e). (e) The progress report reads as follows: OFFICIAL STUDENT PROGRESS REPORT TRAINING IN BARBERING STATE OF INDIANA BOARD OF COSMETOLOGY AND BARBER EXAMINERS REQUIREMENTS FOR USE OF PROGRESS REPORT Sec. 1.5. As used in this rule, "board" means the Indiana board of cosmetology and barber examiners or its authorized representative. Sec. 5. As used in this rule, "interference with board agent" means, but is not limited to, physical obstruction, attack, or threatened attack on a representative of the department board while that representative is conducting inspection, licensing, or enforcement activities. Sec. 6. (a) As used in this rule, "operator" means an individual eighteen (18) years of age or older, designated by the owner or licensee to control operation of the tanning facility and to instruct and assist the consumer in the proper operation of its sunlamp products. The operator is responsible for running the sunlamp products, exercising control over the kill switches, providing protective eyewear to users, giving instructions to the person using the equipment and supervising facility staff in cleaning the equipment, cleaning the including protective eyewear providing protective eyewear to the users, and giving instructions to the person using the equipment. owned by the facility. (b) The A person who is at the a tanning facility to use the tanning equipment shall may not be the operator. (c) There must be at least one (1) operator on the premises at all times that the tanning facility is open. However, the tanning facility may have working at the tanning facility an employee who is not an operator. Sec. 16. A person may not charge a fee for the use of sunlamp products unless the person has a license from the board of cosmetology examiners to operate a tanning facility. A separate license must be obtained for each tanning facility the person operates. Sec. 20. To obtain a license to operate a tanning facility, a person must shall do the following: Sec. 22. The operator of a tanning facility shall notify the board in writing before making any changes to the facility or its operating procedures which would require amendment of any information previously submitted to the board in accordance with this rule. Changing ownership of the tanning facility requires the new owner to obtain a new license. Sec. 24. There shall must be physical barriers to protect customers from injury induced by touching or breaking the lamps in a sunlamp product. Each customer shall be shown how to use suitable physical aids Each customer shall be shown how to and maintain the proper exposure distance recommended by the manufacturer. There shall must also be the following requirements: Sec. 25. (a) No person shall be allowed to use a sunlamp product unless protective eyewear is worn. (b) Each consumer shall be provided with protective eyewear and instructions for its use. (c) The spectral transmittance of the protective eyewear required by this section shall not exceed a value of one-thousandth (0.001) over the wavelength through a range of greater than two hundred (200) nanometers through three hundred twenty (320) nanometers, and a value of one-hundredth (0.01) over the wavelength range of greater than three hundred twenty (320) nanometers through four hundred (400) nanometers, and shall be sufficient over the wavelength greater than four hundred (400) nanometers to enable the user to see clearly enough to prevent injury and to turn the timer off. must comply with 21 CFR 1040.20(c)(4). (d) Protective eyewear provided by the operator shall must be sanitized by the operator before each use by: (e) A test kit or other device that accurately measures the concentration of the sanitizing solution in parts per million shall be provided and used to measure the strength of the sanitizing solution at least once each day of tanning facility operation. (f) Exposure to the ultraviolet radiation produced by the tanning equipment itself is not considered a sanitizing agent. (g) Each sunlamp product shall be accompanied by at least the number of sets of protective eyewear that is equal to the number of customers who can simultaneously use the facility. Eyewear shall be provided and shall meet or exceed the sunlamp product manufacturer's recommendations. Sec. 28. (a) No customer shall be allowed to use a sunlamp product having a defective timer. (b) All Sunlamp products shall must be maintained in compliance with this rule concerning repair, labeling, and alteration and accessibility of timing devices. If a part must be replaced, the defective part shall must be replaced with a part which that complies with 21 CFR 1040.20(c) 21 CFR 1040.20 (April 1988 2020 Edition). Sunlamp products shall must be maintained as follows: under 21 CFR 1040.20 (April 2020 Edition). Sec. 29. An operator of a tanning facility shall conspicuously prominently display warning signs in accordance with the following: WARNING: ULTRAVIOLET RADIATION FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES IF YOU DO NOT TAN IN THE SUN IT IS UNLIKELY THAT YOU WILL TAN FROM THE USE OF THIS DEVICE Sec. 31. (a) A person who is less than sixteen (16) years of age must be accompanied by a parent or guardian while the child is using may not use a sunlamp product or tanning device in a tanning facility. and while that sunlamp product is in use. (b) A person who is at least sixteen (16) years of age, but less than eighteen (18) years of age, may not use a sunlamp product in a tanning facility unless the parent or guardian of the person has also signed the written statement under section 34 33 of this rule in the presence of the operator of the tanning facility. Sec. 32. The operator shall require each customer to fill out a form specifying provide their home address, phone number, and age. This form information shall be kept as a permanent record of the individual's attendance. Sec. 33. (a) Each time a customer uses a tanning facility, or each time a customer executes or renews a contract to use a tanning facility, the customer must shall, before using a sunlamp product, sign or acknowledge electronically a written statement that he or she: they: (b) For visually handicapped persons, the warning statement shall be read by the operator in the presence of a witness. Both the witness and the operator shall sign the statement. (c) The owner or operator must maintain for a period not less than twenty-four (24) months, a record signed by the customer that he or she has read and understood the warning required in sections 29 through 30 of this rule. (d) Records of each customer's total number of tanning visits and tanning times must be kept at the tanning facility and available for inspection for one (1) year. In addition, records up to five (5) years old must be provided to the board on request, although they need not be kept at the tanning facility. It is recommended that records be kept permanently, as potentially adverse health effects from tanning may not become apparent within five (5) years. Sec. 49. (a) The board may commence an action to levy civil penalties against the owner or operator of a tanning facility who does either of the following: (b) A civil penalty shall may not exceed one thousand dollars ($1,000) per violation, and the absence of harm will not result in assessment of a lower penalty for a violation. (c) In the determination of the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the department board will consider the following: (d) After determining the appropriate penalty based on the schedule in this section, the department board may adjust the penalty to reflect a good faith effort to comply by the owner or operator of a tanning facility. (e) Each An individual penalty may be multiplied by the number of days the particular violation occurred. (f) After filing an action under IC 4-21.5, and in an attempt to resolve violations without resort to a hearing, the department board may negotiate and enter into agreed orders. An agreed order may suspend all or part of the civil penalty calculated under the requirements and deadlines established in the agreed order. Sec. 50. When used in this rule, 21 CFR 1040.20 (April 1988 2020), is hereby incorporated by reference. This federal rule as incorporated does not include any later amendments than those specified in the incorporation citation. Sales of the CFR are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The incorporated material is available for public review at the Indiana state department of health Professional Licensing Agency. Sec. 1. The board shall charge and collect the following application/issuance fees for licenses: Sec. 3. The board shall charge and collect the following renewal fees every four (4) years for licenses: Sec. 1. Under IC 25-8-3-30, the board shall charge and collect the following civil penalties: Sec. 2. A civil penalty under section 1 of this rule may be assessed only after an opportunity to correct the violation has been given as required by IC 4-21.5-2-5.