The Law Relating to Cosmetologists, Barbers, Manicurists

The Law Relating to

Cosmetologists, Barbers,

Manicurists, Estheticians,

and Master Estheticians

Washington State

Department of Licensing

dol.wa.gov

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18.16 RCW

308-20 WAC

18.235 RCW

February 2016

2015 [Ch. 18.16— page 1]

Chapter 18.16

Chapter 18.16 RCW

18.16 COSMETOLOGISTS, HAIR DESIGNERS, BARBERS, M ANICURISTS, AND ESTHETICIANS

COSMETOLOGISTS, HAIR DESIGNERS, BARBERS,

MANICURISTS, AND ESTHETICIANS

(Formerly: Cosmetologists, barbers, and manicurists)

Sections

18.16.010 Intent.

18.16.020 Definitions.

18.16.030 Director—Powers and duties.

18.16.050 Advisory board—Members—Compensation.

18.16.060 License required—Penalty—Exemptions.

18.16.070 Licensing—Persons to whom chapter inapplicable.

18.16.080 Licensing—Other persons to whom chapter inapplicable.

18.16.090 Examinations.

18.16.100 Issuance of licenses—Requirements.

18.16.110 Issuance of licenses—Renewals—Reinstatement—Dupli-

cates.

18.16.130 Issuance of licenses—Persons licensed in other jurisdictions.

18.16.140 School licenses—Application—Approved security—Issu-

ance—Changes in application information—Changes in

controlling interest—Posting of licenses.

18.16.150 Schools—Compliance with chapter.

18.16.160 Schools—Claims against—Procedure.

18.16.170 Expiration of licenses.

18.16.175 Salon/shop or mobile unit requirements—Liability insur-

ance—Complaints—Inspection—Registration—Use of

motor homes—Posting of licenses.

18.16.180 Salon/shop—Apprenticeship shop—Notice required.

18.16.190 Location of practice—Penalty—Placebound clients.

18.16.200 Disciplinary action—Grounds.

18.16.210 Violations—Penalties.

18.16.220 Appeal—Procedure.

18.16.230 License suspension—Nonpayment or default on educational

loan or scholarship.

18.16.240 License suspension—Noncompliance with support order—

Reissuance.

18.16.250 Finding—Consumer protection act.

18.16.260 License renewal—Fee—Examination—Fee.

18.16.270 Uniform regulation of business and professions act.

18.16.280 Cosmetology apprenticeship program.

18.16.290 License—Inactive status.

18.16.300 Military training or experience.

18.16.305 Recognition as institution of postsecondary study.

18.16.900 Short title.

18.16.905 Severability—1984 c 208.

18.16.907 Effective date—1984 c 208.

18.16.910 Severability—1991 c 324.

18.16.010

18.16.010 Intent.

18.16.010 Intent. The legislature recognizes that the

practices of cosmetology, hair design, barbering, manicuring,

and esthetics involve the use of tools and chemicals which

may be dangerous when mixed or applied improperly, and

therefore finds it necessary in the interest of the public health,

safety, and welfare to regulate those practices in this state.

[2015 c 62 § 13; 2002 c 111 § 1; 1984 c 208 § 1.]

Additional notes found at www.leg.wa.gov

18.16.020

18.16.020 Definitions.

18.16.020 Definitions. As used in this chapter, the fol-

lowing terms have the meanings indicated unless the context

clearly requires otherwise:

(1) "Apprentice" means a person who is engaged in a

state-approved apprenticeship program and who must receive

a wage or compensation while engaged in the program.

(2) "Apprentice monthly report" means the apprentice

record of daily activities and the number of hours completed

in each course of a curriculum that is prepared monthly by the

approved apprenticeship program and provided to the

apprentice, audited annually by the department, and kept on

file by the approved apprenticeship program for three years.

(3) "Apprentice trainer" means a person who gives train-

ing to an apprentice in an approved apprenticeship program

and who is approved under RCW 18.16.280.

(4) "Apprenticeship program" means a state-approved

apprenticeship program pursuant to chapter 49.04 RCW and

approved under RCW 18.16.280 for the training of cosmetol-

ogy, hair design, barbering, esthetics, master esthetics, and

manicuring.

(5) "Apprenticeship training committee" means a com-

mittee approved by the Washington apprenticeship and train-

ing council established in chapter 49.04 RCW.

(6) "Approved apprenticeship shop" means a salon/shop

that has been approved under RCW 18.16.280 and chapter

49.04 RCW to participate in an apprenticeship program.

(7) "Approved security" means surety bond.

(8) "Barber" means a person licensed under this chapter

to engage in the practice of barbering.

(9) "Board" means the cosmetology, hair design, barber-

ing, esthetics, and manicuring advisory board.

(10) "Cosmetologist" means a person licensed under this

chapter to engage in the practice of cosmetology.

(11) "Crossover training" means training approved by

the director as training hours that may be credited to current

licensees for similar training received in another profession

licensed under this chapter.

(12) "Curriculum" means the courses of study taught at a

school, online training by a school, in an approved appren-

ticeship program established by the Washington state appren-

ticeship and training council and conducted in an approved

salon/shop, or online training by an approved apprenticeship

program, set by rule under this chapter, and approved by the

department. After consulting with the board, the director may

set by rule a percentage of hours in a curriculum, up to a max-

imum of ten percent, that could include hours a student

receives while training in a salon/shop under a contract

approved by the department. Each curriculum must include at

least the following required hours:

(a) School curriculum:

(i) Cosmetologist, one thousand six hundred hours;

(ii) Hair design, one thousand four hundred hours;

(iii) Barber, one thousand hours;

(iv) Manicurist, six hundred hours;

(v) Esthetician, seven hundred fifty hours;

(vi) Master esthetician either:

(A) One thousand two hundred hours; or

(B) Esthetician licensure plus four hundred fifty hours of

training;

(vi) [(vii)] Instructor-trainee, five hundred hours, except

that an instructor-trainee may submit documentation that pro-

18.16.020 Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians

[Ch. 18.16— page 2] 2015

vides evidence of experience as a licensed cosmetologist, hair

designer, barber, manicurist, esthetician, or master estheti-

cian for competency evaluation toward credit of not more

than three hundred hours of instructor-training.

(b) Apprentice training curriculum:

(i) Cosmetologist, two thousand hours;

(ii) Hair design, one thousand seven hundred fifty hours;

(iii) Barber, one thousand two hundred hours;

(iv) Manicurist, eight hundred hours;

(v) Esthetician, eight hundred hours;

(vi) Master esthetician, one thousand four hundred

hours.

(13) "Department" means the department of licensing.

(14) "Director" means the director of the department of

licensing or the director's designee.

(15) "Esthetician" means a person licensed under this

chapter to engage in the practice of esthetics.

(16) "Hair design" means the practice of arranging,

dressing, cutting, trimming, styling, shampooing, permanent

waving, chemical relaxing, straightening, curling, bleaching,

lightening, coloring, mustache and beard design, and superfi-

cial skin stimulation of the scalp.

(17) "Hair designer" means a person licensed under this

chapter to engage in the practice of hair design.

(18) "Individual license" means a cosmetology, hair

design, barber, manicurist, esthetician, master esthetician, or

instructor license issued under this chapter.

(19) "Instructor" means a person who gives instruction in

a school, or who provides classroom theory training to

apprentices in locations other than in a school, in a curricu-

lum in which he or she holds a license under this chapter, has

completed at least five hundred hours of instruction in teach-

ing techniques and lesson planning in a school, or who has

documented experience as an instructor for more than five

hundred hours in another state in the curriculum of study, and

has passed a licensing examination approved or administered

by the director. An applicant who holds a degree in education

from an accredited postsecondary institution shall upon

application be licensed as an instructor to give instruction in

a school, or to provide classroom theory training to appren-

tices in locations other than in a school, in a curriculum in

which he or she holds a license under this chapter. An appli-

cant who holds an instructional credential from an accredited

community or technical college and who has passed a licens-

ing examination approved or administered by the director

shall upon application be licensed as an instructor to give

instruction in a school, or to provide classroom theory train-

ing to apprentices in locations other than in a school, in a cur-

riculum in which he or she holds a license under this chapter.

To be approved as an "instructor" in an approved apprentice-

ship program, the instructor must be a competent instructor as

defined in rules adopted under chapter 49.04 RCW.

(20) "Instructor-trainee" means a person who is currently

licensed in this state as a cosmetologist, hair designer, barber,

manicurist, esthetician, or master esthetician, and is enrolled

in an instructor-trainee curriculum in a school licensed under

this chapter.

(21) "Location license" means a license issued under this

chapter for a salon/shop, school, personal services, or mobile

unit.

(22) "Manicurist" means a person licensed under this

chapter to engage in the practice of manicuring.

(23) "Master esthetician" means a person licensed under

this chapter to engage in the practice of master esthetics.

(24) "Mobile unit" is a location license under this chapter

where the practice of cosmetology, barbering, esthetics, mas-

ter esthetics, or manicuring is conducted in a mobile struc-

ture. Mobile units must conform to the health and safety stan-

dards set by rule under this chapter.

(25) "Online training" means theory training provided

online, by a school licensed under this chapter or an approved

apprenticeship program established by the Washington state

apprenticeship and training council, in the areas of cosmetol-

ogy, hair design, master esthetics, manicuring, barbering,

esthetics, and instructor-training.

(26) "Person" means any individual, partnership, profes-

sional service corporation, joint stock association, joint ven-

ture, or any other entity authorized to do business in this state.

(27) "Personal services" means a location licensed under

this chapter where the practice of cosmetology, hair design,

barbering, manicuring, esthetics, or master esthetics is per-

formed for clients in the client's home, office, or other loca-

tion that is convenient for the client.

(28) "Practice of barbering" means the cutting, trimming,

arranging, dressing, curling, shampooing, shaving, and mus-

tache and beard design of the hair of the face, neck, and scalp.

(29) "Practice of cosmetology" means arranging, dress-

ing, cutting, trimming, styling, shampooing, permanent wav-

ing, chemical relaxing, straightening, curling, bleaching,

lightening, coloring, waxing, tweezing, shaving, and mus-

tache and beard design of the hair of the face, neck, and scalp;

temporary removal of superfluous hair by use of depilatories,

waxing, or tweezing; manicuring and pedicuring, limited to

cleaning, shaping, polishing, decorating, and caring for and

treatment of the cuticles and nails of the hands and feet,

excluding the application and removal of sculptured or other-

wise artificial nails; esthetics limited to toning the skin of the

scalp, stimulating the skin of the body by the use of prepara-

tions, tonics, lotions, or creams; and tinting eyelashes and

eyebrows.

(30) "Practice of esthetics" means the care of the skin for

compensation by application, use of preparations, antiseptics,

tonics, essential oils, exfoliants, superficial and light peels, or

by any device, except laser, or equipment, electrical or other-

wise, or by wraps, compresses, cleansing, conditioning, stim-

ulation, superficial skin stimulation, pore extraction, or prod-

uct application and removal; temporary removal of superflu-

ous hair by means of lotions, creams, appliance, waxing,

threading, tweezing, or depilatories, including chemical

means; and application of product to the eyelashes and eye-

brows, including extensions, design and treatment, tinting

and lightening of the hair, excluding the scalp. Under no cir-

cumstances does the practice of esthetics include the admin-

istration of injections.

(31) "Practice of manicuring" means the cleaning, shap-

ing, polishing, decorating, and caring for and treatment of the

cuticles and the nails of the hands or feet, and the application

and removal of sculptured or otherwise artificial nails by

hand or with mechanical or electrical apparatus or appliances.

(32) "Practice of master esthetics" means the care of the

skin for compensation including all of the methods allowed

Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians 18.16.060

2015 [Ch. 18.16— page 3]

in the definition of the practice of esthetics. It also includes

the performance of medium depth peels and the use of medi-

cal devices for care of the skin and permanent hair reduction.

The medical devices include, but are not limited to, lasers,

light, radio frequency, plasma, intense pulsed light, and ultra-

sound. The use of a medical device must comply with state

law and rules, including any laws or rules that require delega-

tion or supervision by a licensed health professional acting

within the scope of practice of that health profession.

(33) "Salon/shop" means any building, structure, or any

part thereof, other than a school, where the commercial prac-

tice of cosmetology, barbering, hair design, esthetics, master

esthetics, or manicuring is conducted; provided that any per-

son, except employees of a salon/shop, who operates from a

salon/shop is required to meet all salon/shop licensing

requirements and may participate in the apprenticeship pro-

gram when certified as established by the Washington state

apprenticeship and training council established in chapter

49.04 RCW.

(34) "School" means any establishment that offers cur-

riculum of instruction in the practice of cosmetology, hair

design, barbering, esthetics, master esthetics, manicuring, or

instructor-trainee to students and is licensed under this chap-

ter.

(35) "Student" means a person sixteen years of age or

older who is enrolled in a school licensed under this chapter

and receives instruction in any of the curricula of cosmetol-

ogy, barbering, hair design, esthetics, master esthetics, mani-

curing, or instructor-training with or without tuition, fee, or

cost, and who does not receive any wage or commission.

(36) "Student monthly report" means the student record

of daily activities and the number of hours completed in each

course of a curriculum that is prepared monthly by the school

and provided to the student, audited annually by the depart-

ment, and kept on file by the school for three years. [2015 c

62 § 1. Prior: 2013 c 187 § 1; 2008 c 20 § 1; 2003 c 400 § 2;

2002 c 111 § 2; 1991 c 324 § 1; 1984 c 208 § 2.]

Additional notes found at www.leg.wa.gov

18.16.030

18.16.030 Director—Powers and duties.

18.16.030 Director—Powers and duties. In addition

to any other duties imposed by law, including RCW

18.235.030 and 18.235.040, the director shall have the fol-

lowing powers and duties:

(1) To set all license, examination, and renewal fees in

accordance with RCW 43.24.086;

(2) To adopt rules necessary to implement this chapter;

(3) To prepare and administer or approve the preparation

and administration of licensing examinations;

(4) To establish minimum safety and sanitation stan-

dards for schools, instructors, cosmetologists, barbers, hair

designers, manicurists, estheticians, master estheticians,

salons/shops, personal services, and mobile units;

(5) To establish curricula for the training of students and

apprentices under this chapter;

(6) To maintain the official department record of appli-

cants and licensees;

(7) To establish by rule the procedures for an appeal of

an examination failure;

(8) To set license expiration dates and renewal periods

for all licenses consistent with this chapter;

(9) To ensure that all informational notices produced and

mailed by the department regarding statutory and regulatory

changes affecting any particular class of licensees are mailed

to each licensee in good standing or on inactive status in the

affected class whose mailing address on record with the

department has not resulted in mail being returned as unde-

liverable for any reason; and

(10) To make information available to the department of

revenue to assist in collecting taxes from persons required to

be licensed under this chapter. [2015 c 62 § 2; 2013 c 187 §

2; 2008 c 20 § 2; 2004 c 51 § 7. Prior: 2002 c 111 § 3; 2002 c

86 § 213; 1991 c 324 § 2; 1984 c 208 § 7.]

Additional notes found at www.leg.wa.gov

18.16.050

18.16.050 Advisory board—Members—Compensation.

18.16.050 Advisory board—Members—Compensa-

tion. (1) There is created a state cosmetology, hair design,

barbering, esthetics, and manicuring advisory board consist-

ing of a maximum of ten members appointed by the director.

These members of the board shall include: A representative

of private schools licensed under this chapter; a representa-

tive from an approved apprenticeship program conducted in

an approved salon/shop; a representative of public vocational

technical schools licensed under this chapter; a consumer

who is unaffiliated with the cosmetology, hair design, barber-

ing, esthetics, master esthetics, or manicuring industry; and

six members who are currently practicing licensees who have

been engaged in the practice of manicuring, esthetics, master

esthetics, barbering, hair design, or cosmetology for at least

three years. Members shall serve a term of three years. Any

board member may be removed for just cause. The director

may appoint a new member to fill any vacancy on the board

for the remainder of the unexpired term.

(2) Board members shall be entitled to compensation

pursuant to RCW 43.03.240 for each day spent conducting

official business and to reimbursement for travel expenses as

provided by RCW 43.03.050 and 43.03.060.

(3) The board may seek the advice and input of officials

from the following state agencies: (a) The workforce training

and education coordinating board; (b) the employment secu-

rity department; (c) the department of labor and industries;

(d) the department of health; (e) the department of licensing;

and (f) the department of revenue. [2015 c 62 § 3; 2013 c 187

§ 3; 2008 c 20 § 3; 2002 c 111 § 4. Prior: 1998 c 245 § 5; 1998

c 20 § 1; 1997 c 179 § 1; 1995 c 269 § 402; 1991 c 324 § 3;

1984 c 208 § 9.]

Findings—1995 c 269: "The legislature finds that the economic oppor-

tunities for cosmetologists, barbers, estheticians, and manicurists have dete-

riorated in this state as a result of the lack of skilled practitioners, inadequate

licensing controls, and inadequate enforcement of health standards. To

increase the opportunities for individuals to earn viable incomes in these pro-

fessions and to protect the general health of the public, the state cosmetol-

ogy, barbering, esthetics, and manicuring advisory board should be reconsti-

tuted and given a new charge to develop appropriate responses to this situa-

tion, including legislative proposals." [1995 c 269 § 401.]

Additional notes found at www.leg.wa.gov

18.16.060

18.16.060 License required—Penalty—Exemptions.

(1) It is unlawful for any person to engage in a practice listed

in subsection (2) of this section unless the person has a

license in good standing as required by this chapter. A license

issued under this chapter shall be considered to be "in good

standing" except when:

18.16.070 Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians

[Ch. 18.16— page 4] 2015

(a) The license has expired or has been canceled and has

not been renewed in accordance with RCW 18.16.110;

(b) The license has been denied, revoked, or suspended

under RCW 18.16.210, 18.16.230, or 18.16.240, and has not

been reinstated;

complied with an order of the director issued under RCW

18.16.210 requiring the licensee to pay restitution or a fine, or

to acquire additional training; or

(d) The license has been placed on inactive status at the

request of the licensee, and has not been reinstated in accor-

dance with RCW 18.16.110(3).

(2) The director may take action under RCW 18.235.150

and 18.235.160 against any person who does any of the fol-

lowing without first obtaining, and maintaining in good

standing, the license required by this chapter:

(a) Except as provided in subsections (3) and (4) of this

section, engages in the commercial practice of cosmetology,

hair design, barbering, esthetics, master esthetics, or mani-

curing;

(b) Instructs in a school;

(d) Operates a salon/shop, personal services, or mobile

unit.

(3) A person who receives a license as an instructor may

engage in the commercial practice for which he or she held a

license when applying for the instructor license without also

renewing the previously held license. However, a person

licensed as an instructor whose license to engage in a com-

mercial practice is not or at any time was not renewed may

not engage in the commercial practice previously permitted

under that license unless that person renews the previously

held license.

(4) An apprentice actively enrolled in an apprenticeship

program for cosmetology, barbering, hair design, esthetics,

master esthetics, or manicuring may engage in the commer-

cial practice as required for the apprenticeship program.

[2015 c 62 § 4; 2013 c 187 § 4; 2008 c 20 § 4; 2004 c 51 § 1.

Prior: 2002 c 111 § 5; 2002 c 86 § 214; 1991 c 324 § 4; 1984

c 208 § 3.]

Additional notes found at www.leg.wa.gov

18.16.070

18.16.070 Licensing—Persons to whom chapter inapplicable.

18.16.070 Licensing—Persons to whom chapter

inapplicable. This chapter shall not apply to persons

licensed under other laws of this state who are performing

services within their authorized scope of practice and shall

not be construed to require a license for students enrolled in a

school or an apprentice engaged in a state-approved appren-

ticeship program as defined in RCW 18.16.020. [2003 c 400

§ 3; 1984 c 208 § 4.]

Additional notes found at www.leg.wa.gov

18.16.080

18.16.080 Licensing—Other persons to whom chapter inapplicable.

18.16.080 Licensing—Other persons to whom chap-

ter inapplicable. Nothing in this chapter prohibits any per-

son authorized under the laws of this state from performing

any service for which the person may be licensed, nor prohib-

its any person from performing services as an electrologist if

that person has been otherwise certified, registered, or trained

as an electrologist.

This chapter does not apply to persons employed in the

care or treatment of patients in hospitals or employed in the

care of residents of nursing homes and similar residential

care facilities. [1984 c 208 § 19.]

18.16.090

18.16.090 Examinations.

18.16.090 Examinations. Examinations for licensure

under this chapter shall be conducted at such times and places

as the director determines appropriate. Examinations shall

consist of tests designed to reasonably measure the appli-

cant's knowledge of safe and sanitary practices and may also

include the applicant's knowledge of this chapter and rules

adopted pursuant to this chapter. The director may establish

by rule a performance examination in addition to any other

examination. The director shall establish by rule the mini-

mum passing score for all examinations and the requirements

for reexamination of applicants who fail the examination or

examinations. The director may allow an independent person

to conduct the examinations at the expense of the applicants.

The director shall take steps to ensure that after comple-

tion of the required course or apprenticeship program, appli-

cants may promptly take the examination and receive the

results of the examination. [2003 c 400 § 4; 2002 c 111 § 6;

1991 c 324 § 5; 1984 c 208 § 10.]

Additional notes found at www.leg.wa.gov

18.16.100

18.16.100 Issuance of licenses—Requirements.

18.16.100 Issuance of licenses—Requirements. (1)

Upon completion of an application approved by the depart-

ment and payment of the proper fee, the director shall issue

the appropriate license to any person who:

(a) Is at least seventeen years of age or older;

(b)(i) Has completed and graduated from a school

licensed under this chapter in a curriculum approved by the

director consisting of the hours of training required under this

chapter for a school curriculum, or has met the requirements

in RCW 18.16.020 or 18.16.130; or

(ii) Has successfully completed a state-approved appren-

ticeship program consisting of the hours of training required

under this chapter for the apprentice training curriculum; and

licensing examination approved or administered by the direc-

tor.

(2) A person currently licensed under this chapter may

qualify for examination and licensure, after the required

examination is passed, in another category if he or she has

completed the crossover training course.

(3) Upon completion of an application approved by the

department, certification of insurance, and payment of the

proper fee, the director shall issue a location license to the

applicant.

(4) The director may consult with the state board of

health and the department of labor and industries in establish-

ing training, apprenticeship, and examination requirements.

[2008 c 20 § 5; 2003 c 400 § 5; 2002 c 111 § 7; 1991 c 324 §

6; 1984 c 208 § 5.]

Additional notes found at www.leg.wa.gov

18.16.110

18.16.110 Issuance of licenses—Renewals—Reinstatement—Duplicates.

18.16.110 Issuance of licenses—Renewals—Rein-

statement—Duplicates. (1) The director shall issue the

appropriate license to any applicant who meets the require-

ments as outlined in this chapter.

(2) Except as provided in RCW 18.16.260:

Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians 18.16.150

2015 [Ch. 18.16— page 5]

(a) Failure to renew a license by its expiration date sub-

jects the holder to a penalty fee and payment of each year's

renewal fee, at the current rate; and

(b) A person whose license has not been renewed within

one year after its expiration date shall have the license can-

celed and shall be required to submit an application, pay the

license fee, meet current licensing requirements, and pass any

applicable examination or examinations, in addition to the

other requirements of this chapter, before the license may be

reinstated.

(3) In lieu of the requirements of subsection (2)(a) of this

section, a license placed on inactive status under RCW

18.16.290 may be reinstated to good standing upon receipt by

the department of: (a) Payment of a renewal fee, without pen-

alty, for a two-year license commencing on the date the

license is reinstated; and (b) if the license was on inactive sta-

tus during any time that the board finds that a health or other

requirement applicable to the license has changed, evidence

showing that the holder of the license has successfully com-

pleted, from a school licensed under RCW 18.16.140, at least

the number of curriculum clock hours of instruction that the

board deems necessary for a licensee to be brought current

with respect to such changes, but in no case may the number

of hours required under this subsection exceed four hours per

year that the license was on inactive status.

(4) Nothing in this section authorizes a person whose

license has expired or is on inactive status to engage in a prac-

tice prohibited under RCW 18.16.060 until the license is

renewed or reinstated.

(5) Upon request and payment of an additional fee to be

established by rule by the director, the director shall issue a

duplicate license to an applicant. [2004 c 51 § 3; 2002 c 111

§ 8; 1991 c 324 § 7; 1984 c 208 § 12.]

Additional notes found at www.leg.wa.gov

18.16.130

18.16.130 Issuance of licenses—Persons licensed in other jurisdictions.

18.16.130 Issuance of licenses—Persons licensed in

other jurisdictions. (1) Any person who is properly licensed

in any state, territory, or possession of the United States, or

foreign country shall be eligible for examination if the appli-

cant submits the approved application and fee and provides

proof to the director that he or she is currently licensed in

good standing as a cosmetologist, hair designer, barber, man-

icurist, esthetician, master esthetician, instructor, or the

equivalent in that jurisdiction. Upon passage of the required

examinations the appropriate license will be issued.

(2)(a) The director shall, upon passage of the required

examinations, issue a license as master esthetician to an

applicant who submits the approved application and fee and

provides proof to the director that the applicant is currently

licensed in good standing in esthetics in any state, territory, or

possession of the United States, or foreign country and holds

a diplomate of the comite international d'esthetique et de cos-

metologie diploma, or an international therapy examination

council diploma, or a certified credential awarded by the

national coalition of estheticians, manufacturers/distributors

& associations.

(b) The director may upon passage of the required exam-

inations, issue a master esthetician license to an applicant that

is currently licensed in esthetics in any other state, territory,

or possession of the United States, or foreign country and

submits an approved application and fee and provides proof

to the director that he or she is licensed in good standing and:

(i) The licensing state, territory, or possession of the

United States, or foreign country has licensure requirements

that the director determines are substantially equivalent to a

master esthetician license in this state; or

(ii) The applicant has certification or a diploma or other

credentials that the director determines has licensure require-

ments that are substantially equivalent to the degree listed in

(a) of this subsection. [2015 c 62 § 5; 2013 c 187 § 5; 1991 c

324 § 10; 1984 c 208 § 11.]

18.16.140

18.16.140 Sch ool licenses—Application—Ap proved security—Issuance—Ch anges in application info rmation—Changes in controll ing interest—Posting of licenses.

18.16.140 School licenses—Application—Approved

security—Issuance—Changes in application informa-

tion—Changes in controlling interest—Posting of

licenses. (1) Any person wishing to operate a school shall,

before opening such a school, pay the license fee and file with

the director for approval a license application containing the

following information:

(a) The names and addresses of all owners, managers,

and instructors;

(b) A copy of the school's curriculum satisfying the cur-

riculum requirements established by the director;

enrollment contract, and cancellation and refund policies that

will be used or distributed by the school to students and the

public;

(d) A surety bond in an amount not less than ten thou-

sand dollars, or ten percent of the annual gross tuition col-

lected by the school, whichever is greater. The approved

security shall not exceed fifty thousand dollars and shall run

to the state of Washington for the protection of unearned pre-

paid student tuition. The school shall attest to its gross tuition

at least annually on forms provided by the department. When

a new school license is being applied for, the applicant will

estimate its annual gross tuition to establish a bond amount.

This subsection shall not apply to community colleges and

vocational technical schools.

Upon approval of the application and documents, the

director shall issue a license to operate a school.

(2) Changes to the information provided by schools shall

be submitted to the department within fifteen days of the

implementation date.

(3) A change involving the controlling interest of the

school requires a new license application and fee. The new

application shall include all required documentation, proof of

ownership change, and be approved prior to a license being

issued.

(4) School and instructor licenses issued by the depart-

ment shall be posted in the reception area of the school.

[2002 c 111 § 9; 1991 c 324 § 11; 1987 c 445 § 1; 1984 c 208

§ 6.]

Additional notes found at www.leg.wa.gov

18.16.150

18.16.150 Schools—Compliance with chapter.

Schools shall be audited and inspected by the director or the

director's designee for compliance with this chapter at least

once a year. If the director determines that a licensed school

is not maintaining the standards required according to this

chapter, written notice thereof shall be given to the school. A

school which fails to correct these conditions to the satisfac-

18.16.160 Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians

[Ch. 18.16— page 6] 2015

tion of the director within a reasonable time may be subject to

penalties imposed under RCW 18.235.110. [2002 c 86 § 215;

1997 c 178 § 1; 1991 c 324 § 12; 1984 c 208 § 8.]

Additional notes found at www.leg.wa.gov

18.16.160

18.16.160 Schools—Claims against—Procedure.

18.16.160 Schools—Claims against—Procedure. In

addition to any other legal remedy, any student or instructor-

trainee having a claim against a school may bring suit upon

the approved security required in RCW 18.16.140(1)(d) in

the superior or district court of Thurston county or the county

in which the educational services were offered by the school.

Action upon the approved security shall be commenced by

filing the complaint with the clerk of the appropriate superior

or district court within one year from the date of the cancella-

tion of the approved security: PROVIDED, That no action

shall be maintained upon the approved security for any claim

which has been barred by any nonclaim statute or statute of

limitations of this state. Service of process in an action upon

the approved security shall be exclusively by service upon

the director. Two copies of the complaint shall be served by

registered or certified mail upon the director at the time the

suit is started. Such service shall constitute service on the

approved security and the school. The director shall transmit

the complaint or a copy thereof to the school at the address

listed in the director's records and to the surety within forty-

eight hours after it has been received. The approved security

shall not be liable in an aggregate amount in excess of the

amount named in the approved security. In any action on an

approved security, the prevailing party is entitled to reason-

able attorney's fees and costs.

The director shall maintain a record, available for public

inspection, of all suits commenced under this chapter upon

approved security. [2004 c 51 § 8; 1991 c 324 § 13; 1984 c

208 § 16.]

Additional notes found at www.leg.wa.gov

18.16.170

18.16.170 Expiration of licenses.

18.16.170 Expiration of licenses. (1) Subject to sub-

section (2) of this section, licenses issued under this chapter

expire as follows:

(a) A salon/shop, personal services, or mobile unit

license expires one year from issuance or when the insurance

required by RCW 18.16.175(1)(g) expires, whichever occurs

first;

(b) A school license expires one year from issuance; and

esthetician, master esthetician, and instructor licenses expire

two years from issuance.

(2) The director may provide for expiration dates other

than those set forth in subsection (1) of this section for the

purpose of establishing staggered renewal periods. [2015 c

62 § 6; 2013 c 187 § 6; 2002 c 111 § 10; 1991 c 324 § 9.]

Additional notes found at www.leg.wa.gov

18.16.175

18.16.175 Salon/ shop or mobile unit requireme nts—Liability insu rance—Complain ts—Inspection—R egistration—Us e of motor homes—Posting of licenses.

18.16.175 Salon/shop or mobile unit requirements—

Liability insurance—Complaints—Inspection—Regis-

tration—Use of motor homes—Posting of licenses. (1) A

salon/shop or mobile unit shall meet the following minimum

requirements:

(a) Maintain an outside entrance separate from any

rooms used for sleeping or residential purposes;

(b) Provide and maintain for the use of its customers ade-

quate toilet facilities located within or adjacent to the

salon/shop or mobile unit;

mobile unit shall not be used for residential purposes, except

that toilet facilities may be used for both residential and busi-

ness purposes;

(d) Meet the zoning requirements of the county, city, or

town, as appropriate;

(e) Provide for safe storage and labeling of chemicals

used in the practices under this chapter;

(f) Meet all applicable local and state fire codes; and

(g) Certify that the salon/shop or mobile unit is covered

by a public liability insurance policy in an amount not less

than one hundred thousand dollars for combined bodily

injury and property damage liability.

(2) The director may by rule determine other require-

ments that are necessary for safety and sanitation of

salons/shops, personal services, or mobile units. The director

may consult with the state board of health and the department

of labor and industries in establishing minimum salon/shop,

personal services, and mobile unit safety requirements.

(3) Personal services license holders shall certify cover-

age of a public liability insurance policy in an amount not less

than one hundred thousand dollars for combined bodily

injury and property damage liability.

(4) Upon receipt of a written complaint that a salon/shop

or mobile unit has violated any provisions of this chapter,

chapter 18.235 RCW, or the rules adopted under either chap-

ter, or at least once every two years for an existing salon/shop

or mobile unit, the director or the director's designee shall

inspect each salon/shop or mobile unit. If the director deter-

mines that any salon/shop or mobile unit is not in compliance

with this chapter, the director shall send written notice to the

salon/shop or mobile unit. A salon/shop or mobile unit which

fails to correct the conditions to the satisfaction of the direc-

tor within a reasonable time shall, upon due notice, be subject

to the penalties imposed by the director under RCW

18.235.110. The director may enter any salon/shop or mobile

unit during business hours for the purpose of inspection. The

director may contract with health authorities of local govern-

ments to conduct the inspections under this subsection.

(5) A salon/shop, personal services, or mobile unit shall

obtain a certificate of registration from the department of rev-

enue.

(6) This section does not prohibit the use of motor homes

as mobile units if the motor home meets the health and safety

standards of this section.

(7) Salon/shop or mobile unit licenses issued by the

department must be posted in the salon/shop or mobile unit's

reception area.

(8) Cosmetology, hair design, barbering, esthetics, mas-

ter esthetics, and manicuring licenses issued by the depart-

ment must be posted at the licensed person's work station.

[2015 c 62 § 7; 2013 c 187 § 7; 2008 c 20 § 6. Prior: 2002 c

111 § 11; 2002 c 86 § 216; 1997 c 178 § 2; 1991 c 324 § 15.]

Additional notes found at www.leg.wa.gov

18.16.180

18.16.180 Salon/shop—Apprenticeship shop—Notice required.

18.16.180 Salon/shop—Apprenticeship shop—Notice

required. (1) The director shall prepare and provide to all

licensed salons/shops a notice to consumers. At a minimum,

Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians 18.16.250

2015 [Ch. 18.16— page 7]

the notice shall state that cosmetology, hair design, barber,

esthetics, master esthetics, and manicure salons/shops are

required to be licensed, that salons/shops are required to

maintain minimum safety and sanitation standards, that cus-

tomer complaints regarding salons/shops may be reported to

the department, and a telephone number and address where

complaints may be made.

(2) An approved apprenticeship shop must post a notice

to consumers in the reception area of the salon/shop stating

that services may be provided by an apprentice. At a mini-

mum, the notice must state: "This shop is a participant in a

state-approved apprenticeship program. Apprentices in this

program are in training and have not yet received a license."

[2015 c 62 § 8; 2013 c 187 § 8; 2008 c 20 § 7; 1991 c 324 §

16.]

18.16.190

18.16.190 Location of practice—Penalty—Placebound clients.

18.16.190 Location of practice—Penalty—Place-

bound clients. It is a violation of this chapter for any person

to engage in the commercial practice of cosmetology, hair

design, barbering, esthetics, master esthetics, or manicuring,

except in a licensed salon/shop or the home, office, or other

location selected by the client for obtaining the services of a

personal service operator, or with the appropriate individual

license when delivering services to placebound clients. Pla-

cebound clients are defined as persons who are ill, disabled,

or otherwise unable to travel to a salon/shop. [2015 c 62 § 9;

2013 c 187 § 9; 1991 c 324 § 20.]

18.16.200

18.16.200 Disciplinary action—Grounds.

18.16.200 Disciplinary action—Grounds. In addition

to the unprofessional conduct described in RCW 18.235.130,

the director may take disciplinary action against any appli-

cant or licensee under this chapter if the licensee or applicant:

(1) Has been found to have violated any provisions of

chapter 19.86 RCW;

(2) Has engaged in a practice prohibited under RCW

18.16.060 without first obtaining, and maintaining in good

standing, the license required by this chapter;

(3) Has engaged in the commercial practice of cosmetol-

ogy, hair design, barbering, manicuring, esthetics, or master

esthetics in a school;

(4) Has not provided a safe, sanitary, and good moral

environment for students in a school or the public;

(5) Has failed to display licenses required in this chapter;

(6) Has violated any provision of this chapter or any rule

adopted under it. [2015 c 62 § 10; 2013 c 187 § 10; 2004 c 51

§ 4. Prior: 2002 c 111 § 12; 2002 c 86 § 217; 1991 c 324 § 14;

1984 c 208 § 13.]

Additional notes found at www.leg.wa.gov

18.16.210

18.16.210 Violations—Penalties.

18.16.210 Violations—Penalties. If, following a hear-

ing, the director finds that any person or an applicant or

licensee has violated any provision of this chapter or any rule

adopted under it, the director may impose one or more of the

following penalties:

(1) Denial of a license or renewal;

(2) Revocation or suspension of a license;

(3) A fine of not more than five hundred dollars per vio-

lation;

(4) Issuance of a reprimand or letter of censure;

(5) Placement of the licensee on probation for a fixed

period of time;

(6) Restriction of the licensee's authorized scope of prac-

tice;

(7) Requiring the licensee to make restitution or a refund

as determined by the director to any individual injured by the

violation; or

(8) Requiring the licensee to obtain additional training or

instruction. [2002 c 111 § 13; 1984 c 208 § 14.]

Additional notes found at www.leg.wa.gov

18.16.220

18.16.220 Appeal—Procedure.

18.16.220 Appeal—Procedure. Any person aggrieved

by the refusal of the director to issue any license provided for

in this chapter, or to renew the same, or by the revocation or

suspension of any license issued under this chapter or by the

application of any penalty under RCW 18.16.210, shall have

the right to appeal the decision of the director to the superior

court of the county in which the person maintains his or her

place of business. Such appeal shall be filed within thirty

days of the director's decision. [1984 c 208 § 15.]

18.16.230

18.16.230 License suspension—Nonpayment or default on educational loan or scholarship.

18.16.230 License suspension—Nonpayment or

default on educational loan or scholarship. The director

shall suspend the license of any person who has been certified

by a lending agency and reported to the director for nonpay-

ment or default on a federally or state-guaranteed educational

loan or service-conditional scholarship. Prior to the suspen-

sion, the agency must provide the person an opportunity for a

brief adjudicative proceeding under RCW 34.05.485 through

34.05.494 and issue a finding of nonpayment or default on a

federally or state-guaranteed educational loan or service-con-

ditional scholarship. The person's license shall not be reis-

sued until the person provides the director a written release

issued by the lending agency stating that the person is making

payments on the loan in accordance with a repayment agree-

ment approved by the lending agency. If the person has con-

tinued to meet all other requirements for licensure during the

suspension, reinstatement shall be automatic upon receipt of

the notice and payment of any reinstatement fee the director

may impose. [1996 c 293 § 5.]

Additional notes found at www.leg.wa.gov

18.16.240

18.16.240 License suspension—Noncompliance with support order—Reissuance.

18.16.240 License suspension—Noncompliance with

support order—Reissuance. The department shall immedi-

ately suspend the license of a person who has been certified

pursuant to RCW 74.20A.320 by the department of social

and health services as a person who is not in compliance with

a support order. If the person has continued to meet all other

requirements for reinstatement during the suspension, reissu-

ance of the license shall be automatic upon the department's

receipt of a release issued by the department of social and

health services stating that the licensee is in compliance with

the order. [2002 c 111 § 15; 1997 c 58 § 815.]

Effective dates—Intent—1997 c 58: See notes following RCW

74.20A.320.

Additional notes found at www.leg.wa.gov

18.16.250

18.16.250 Finding—Consumer protection act.

18.16.250 Finding—Consumer protection act. The

legislature finds that the practices covered by this chapter are

matters vitally affecting the public interest for the purpose of

applying the consumer protection act, chapter 19.86 RCW. A

18.16.260 Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians

[Ch. 18.16— page 8] 2015

violation of this chapter is not reasonable in relation to the

development and preservation of business and is an unfair or

deceptive act in trade or commerce and an unfair method of

competition for the purpose of applying the consumer protec-

tion act, chapter 19.86 RCW. [2002 c 111 § 14.]

Additional notes found at www.leg.wa.gov

18.16.260

18.16.260 License renewal—Fee—Examination—Fee.

18.16.260 License renewal—Fee—Examination—

Fee. (1)(a) Prior to July 1, 2005, (i) a cosmetology licensee

who held a license in good standing between June 30, 1999,

and June 30, 2003, may request a renewal of the license or an

additional license in barbering, manicuring, and/or esthetics;

and (ii) a licensee who held a barber, manicurist, or esthetics

license between June 30, 1999, and June 30, 2003, may

request a renewal of such licenses held during that period.

(b) A license renewal fee, including, if applicable, a

renewal fee, at the current rate, for each year the licensee did

not hold a license in good standing between July 1, 2001, and

the date of the renewal request, must be paid prior to issuance

of each type of license requested. After June 30, 2005, any

cosmetology licensee wishing to renew an expired license or

obtain additional licenses must meet the applicable renewal,

training, and examination requirements of this chapter.

(2)(a) Any person holding an active license in good

standing as an esthetician prior to January 1, 2015, may be

licensed as an esthetician licensee after paying the appropri-

ate license fee.

(b) Prior to January 1, 2015, an applicant for a master

esthetician license must have an active license in good stand-

ing as an esthetician, pay the appropriate license fee, and pro-

vide the department with proof of having satisfied one or

more of the following requirements:

(i)(A)(I) A minimum of thirty-five hours employment as

a provider of medium depth peels under the delegation or

supervision of a licensed physician, advanced registered

nurse practitioner, or physician assistant, or other licensed

professional whose licensure permits such delegation or

supervision; or

(II) Seven hours of training in theory and application of

medium depth peels; and

(B)(I) A minimum of one hundred fifty hours employ-

ment as a laser operator under the delegation or supervision

of a licensed physician, advanced registered nurse practitio-

ner, or physician assistant, or other licensed professional

whose licensure permits such delegation or supervision; or

(II) Seventy-five hours of laser training;

(ii) A national or international diploma or certification in

esthetics that is recognized by the department by rule;

(iii) An instructor in esthetics who has been licensed as

an instructor in esthetics by the department for a minimum of

three years; or

(iv) Completion of one thousand two hundred hours of

an esthetic curriculum approved by the department.

(3) The director may, as provided in RCW 43.24.140,

modify the duration of any additional license granted under

this section to make all licenses issued to a person expire on

the same date. [2013 c 187 § 11; 2004 c 51 § 5; 2002 c 111 §

16.]

Additional notes found at www.leg.wa.gov

18.16.270

18.16.2 70 Uniform re gulation of bus iness and pr ofessions act .

18.16.270 Uniform regulation of business and profes-

sions act. The uniform regulation of business and profes-

sions act, chapter 18.235 RCW, governs unlicensed practice,

the issuance and denial of licenses, and the discipline of

licensees under this chapter. [2002 c 86 § 218.]

Additional notes found at www.leg.wa.gov

18.16.280

18.16.280 Cosmetology apprenticeship program.

18.16.280 Cosmetology apprenticeship program. (1)

An approved cosmetology apprenticeship program is hereby

created. The apprenticeship program allows for the direct

entry of individuals into a training program approved as pro-

vided in this chapter and chapter 49.04 RCW.

(2) The department of licensing shall adopt rules, includ-

ing a mandatory requirement that apprentices complete in-

classroom theory courses as a part of their training, to provide

for the licensure of participants of the apprenticeship pro-

gram.

(3) Apprenticeship salon/shops participating in the

apprenticeship program must:

(a) Be approved as an approved apprenticeship program

conducted in an approved salon/shop by the Washington state

apprenticeship and training council in accordance with chap-

ter 49.04 RCW; and

(b) Provide the department with the names of all individ-

uals acting as apprentice trainers.

(4) To act as an apprentice trainer, an individual must be

approved by the department. To be approved, the trainer must

hold a current license in the practice for which he or she is

providing training and must have held that license for a min-

imum of three consecutive years.

(5) If an approved apprenticeship program or apprentice-

ship shop implements changes affecting the information

required to be provided to the department under this section

or rules adopted under this section, the revised information

must be submitted to the department before implementing the

changes.

(6) The director or the director's designee shall audit and

inspect approved apprenticeship shops for compliance with

this chapter at least annually. If the director determines that

an approved apprenticeship shop is not maintaining the stan-

dards required by this chapter, written notice thereof must be

given to the approved apprenticeship program and appren-

ticeship shop. An approved apprenticeship shop that fails to

correct the conditions listed in the notice to the satisfaction of

the director within a reasonable time may be subject to penal-

ties imposed under RCW 18.235.110. [2008 c 20 § 8; 2006 c

162 § 2; 2003 c 400 § 1.]

Finding—2006 c 162: "The legislature finds that direct-entry appren-

ticeship programs can be very beneficial to both students and employers.

However, there is also concern that apprenticeship programs may reduce the

number of students who enroll in traditional cosmetology school. The advi-

sory committee is to update the legislature on the program with an updated

final report by December 31, 2008, and is to include an evaluation of the

effectiveness of the apprenticeship program, including but not limited to the

number of apprentices who complete the program, the number of apprentices

who take and pass the licensing examination, and a formal review of any

impact the expansion of such an apprenticeship program may have on the

enrollment of traditional cosmetology schools, including but not limited to

whether the enrollment of traditional cosmetology schools is negatively

impacted by the direct-entry apprenticeship programs." [2006 c 162 § 1.]

Additional notes found at www.leg.wa.gov

Cosmetologists, Hair Designers, Barbers, Manicurists, and Estheticians 18.16.910

2015 [Ch. 18.16— page 9]

18.16.290

18.16.290 License—Inactive status.

18.16.290 License—Inactive status. (1) If the holder

of an individual license in good standing submits a written

and notarized request that the licensee's cosmetology, hair

design, barber, manicurist, esthetician and master esthetician,

or instructor license be placed on inactive status, together

with a fee equivalent to that established by rule for a dupli-

cate license, the department shall place the license on inactive

status until the expiration date of the license. If the date of the

request is no more than six months before the expiration date

of the license, a request for a two-year extension of the inac-

tive status, as provided under subsection (2) of this section,

may be submitted at the same time as the request under this

subsection.

(2) If the holder of a license placed on inactive status

under this section submits, by the expiration date of the

license, a written and notarized request to extend that status

for an additional two years, the department shall, without

additional fee, extend the expiration date of: (a) The

licensee's individual license; and (b) the inactive status for

two years from the expiration date of the license.

(3) A license placed on inactive status under this section

may not be extended more frequently than once in any

twenty-four month period or for more than six consecutive

years.

(4) If, by the expiration date of a license placed on inac-

tive status under this section, a licensee is unable, or fails, to

request that the status be extended and the license is not

renewed, the license shall be canceled. [2015 c 62 § 11; 2013

c 187 § 12; 2004 c 51 § 2.]

Additional notes found at www.leg.wa.gov

18.16.300

18.16.300 Military training or experience.

18.16.300 Military training or experience. An appli-

cant with military training or experience satisfies the training

or experience requirements of this chapter unless the director

determines that the military training or experience is not sub-

stantially equivalent to the standards of this state. [2011 c

351 § 3.]

18.16.305

18.16.305 Reco gnition as institution o f postsecondary study.

18.16.305 Recognition as institution of postsecondary

study. Schools shall be recognized as institutions of postsec-

ondary study under the following conditions:

(1) The school admits as regular students only those indi-

viduals who have earned a recognized high school diploma or

the equivalent of a recognized high school diploma, or who

are beyond the age of compulsory education as provided in

RCW 28A.225.010; and

(2) The school is licensed by name by the department

under this chapter to offer one or more training programs

beyond the secondary level. [2013 c 201 § 2.]

Intent—2013 c 201: "It is the intent of the legislature to maintain and

expand access to postsecondary education and improve opportunities for stu-

dents. The legislature recognizes that access to federal financial aid is a

major avenue for overcoming financial barriers to higher education for many

students in Washington. The legislature recognizes that recent federal

changes in federal regulations require the adjustment of definitions of certain

postsecondary institutions in state statutes to ensure that those schools that

currently meet the requirements are eligible for student financial aid pro-

grams provided by the federal government." [2013 c 201 § 1.]

18.16.900

18.16.900 Short title.

18.16.900 Short title. This chapter shall be known and

may be cited as the "Washington cosmetologists, hair design-

ers, barbers, manicurists, and estheticians act." [2015 c 62 §

12; 2002 c 111 § 17; 1984 c 208 § 20.]

Additional notes found at www.leg.wa.gov

18.16.905

18.16.905 Severability—1984 c 208.

18.16.905 Severability—1984 c 208. If any provision

of this act or its application to any person or circumstance is

held invalid, the remainder of the act or the application of the

provision to other persons or circumstances is not affected.

[1984 c 208 § 22.]

18.16.907

18.16.907 Effective date—1984 c 208.

18.16.907 Effective date—1984 c 208. This act shall

take effect July 1, 1984. [1984 c 208 § 23.]

18.16.910

18.16.910 Severability—1991 c 324.

18.16.910 Severability—1991 c 324. If any provision

of this act or its application to any person or circumstance is

held invalid, the remainder of the act or the application of the

provision to other persons or circumstances is not affected.

[1991 c 324 § 22.]

(12/29/15) [Ch. 308-20 WAC p. 1]

Chapter 308-20

Chapter 308-20 WAC

COSMETOLOGY—BARBER—

MANICURIST—ESTHETICIAN RULES

WAC

308-20-010 Definitions.

308-20-025 Natural hair braiding—Exemption.

308-20-040 Student records.

308-20-055 Apprentice records.

308-20-065 Student and apprentice registration.

308-20-080 Minimum instruction guidelines for cosmetology, hair

design, barbering, manicuring, esthetics and master

esthetics training.

308-20-090 Student credit for training in a licensed school.

308-20-091 Student credit for training in a licensed salon/shop.

308-20-101 Apprentice credit for training in an approved apprentice

salon/shop.

308-20-105 Minimum instruction requirements for instructor-train-

ees.

308-20-107 Use and training of instructor-trainees.

308-20-110 Minimum safety and sanitation standards for schools,

cosmetologists, manicurists, estheticians, master

estheticians, barbers, instructors, salons/shops,

mobile units and personal services.

308-20-115 Reciprocity—Persons licensed in other jurisdictions.

308-20-120 Written and performance examinations.

308-20-121 Examination code of conduct.

308-20-122 Examination retakes.

308-20-123 Examination appeal.

308-20-190 Restricted license.

308-20-210 Fees.

308-20-520 Minimum salon/shop, mobile unit, and personal ser-

vices licensing standards.

308-20-550 Posting of required licenses, registrations, permits,

notice to consumers, and current inspection form.

308-20-555 Identification of apprentices and apprentice salon/shops.

308-20-560 Salon/shop, mobile unit, and personal services location

license renewal process.

308-20-570 Operator and instructor renewal process.

308-20-572 Inspection of schools.

308-20-575 School license renewal process.

DISPOSITION OF SECTIONS FORMERLY

CODIFIED IN THIS CHAPTER

308-20-001 Authority and purpose. [Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-001, filed

7/17/92, effective 8/17/92.] Repealed by WSR 01-01-

083, filed 12/14/00, effective 1/14/01. Statutory Author-

ity: RCW 18.16.030(2).

308-20-005 Applicable statutes. [Statutory Authority: Chapter 18.16

RCW. WSR 92-15-087, § 308-20-005, filed 7/17/92,

effective 8/17/92.] Repealed by WSR 01-01-083, filed

12/14/00, effective 1/14/01. Statutory Authority: RCW

18.16.030(2).

308-20-020 Term of course—Examination eligibility. [Statutory

Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-020, filed 1/23/92, effective

2/23/92. Statutory Authority: RCW 18.16.030. WSR

91-11-042, § 308-20-020, filed 5/10/91, effective

6/10/91; WSR 88-19-047 (Order PM 772), § 308-20-

020, filed 9/14/88. Statutory Authority: 1984 c 208.

WSR 84-19-020 (Order PL 480), § 308-20-020, filed

9/12/84.] Repealed by WSR 96-17-040, filed 8/19/96,

effective 9/19/96. Statutory Authority: RCW 34.05.354,

18.16.030, 43.17.060, 43.24.040, 43.24.024, 46.01.160,

18.145.050 and 18.39.175.

308-20-030 Curriculum structure. [Statutory Authority: Chapter

18.16 RCW and RCW 34.05.220. WSR 92-04-006, §

308-20-030, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-

030, filed 5/10/91, effective 6/10/91; WSR 88-19-047

(Order PM 772), § 308-20-030, filed 9/14/88. Statutory

Authority: 1984 c 208. WSR 84-19-020 (Order PL 480),

§ 308-20-030, filed 9/12/84.] Repealed by WSR 02-04-

012, filed 1/24/02, effective 6/30/02. Statutory Author-

ity: RCW 18.16.030(2).

308-20-045 Performance examination. [Statutory Authority: Chap-

ter 18.16 RCW. WSR 92-15-087, § 308-20-045, filed

7/17/92, effective 8/17/92.] Repealed by WSR 02-04-

012, filed 1/24/02, effective 6/30/02. Statutory Author-

ity: RCW 18.16.030(2).

308-20-050 Change in ownership of school. [Statutory Authority:

Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-

006, § 308-20-050, filed 1/23/92, effective 2/23/92.

Statutory Authority: RCW 18.16.030. WSR 91-11-042,

§ 308-20-050, filed 5/10/91, effective 6/10/91; WSR 88-

19-047 (Order PM 772), § 308-20-050, filed 9/14/88.

Statutory Authority: 1984 c 208. WSR 84-19-020

(Order PL 480), § 308-20-050, filed 9/12/84.] Repealed

by WSR 96-17-040, filed 8/19/96, effective 9/19/96.

Statutory Authority: RCW 34.05.354, 18.16.030,

43.17.060, 43.24.040, 43.24.024, 46.01.160, 18.145.050

and 18.39.175.

308-20-060 Approved security (surety bond, savings assignment, or

irrevocable letter of credit). [Statutory Authority: Chap-

ter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, §

308-20-060, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 88-19-047 (Order

PM 772), § 308-20-060, filed 9/14/88. Statutory Author-

ity: RCW 18.16.030(2) and 18.16.140 as amended by

1987 c 445 § 1. WSR 87-21-010 (Order PM 681), § 308-

20-060, filed 10/9/87. Statutory Authority: 1984 c 308.

WSR 84-21-096 (Order PL 491), § 308-20-060, filed

10/19/84.] Repealed by WSR 96-17-040, filed 8/19/96,

effective 9/19/96. Statutory Authority: RCW 34.05.354,

18.16.030, 43.17.060, 43.24.040, 43.24.024, 46.01.160,

18.145.050 and 18.39.175.

308-20-070 Training guidelines. [Statutory Authority: Chapter

18.16 RCW and RCW 34.05.220. WSR 92-04-006, §

308-20-070, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-

070, filed 5/10/91, effective 6/10/91; WSR 88-19-047

(Order PM 772), § 308-20-070, filed 9/14/88. Statutory

Authority: 1984 c 208. WSR 84-19-020 (Order PL 480),

§ 308-20-070, filed 9/12/84.] Repealed by WSR 96-17-

040, filed 8/19/96, effective 9/19/96. Statutory Author-

ity: RCW 34.05.354, 18.16.030, 43.17.060, 43.24.040,

43.24.024, 46.01.160, 18.145.050 and 18.39.175.

308-20-095 Examination eligibility of applicants from out-of-state

schools. [Statutory Authority: RCW 18.16.030. WSR

91-11-042, § 308-20-095, filed 5/10/91, effective

6/10/91.] Repealed by WSR 96-17-040, filed 8/19/96,

effective 9/19/96. Statutory Authority: RCW 34.05.354,

18.16.030, 43.17.060, 43.24.040, 43.24.024, 46.01.160,

18.145.050 and 18.39.175.

308-20-100 Recording student hours. [Statutory Authority: Chapter

18.16 RCW and RCW 34.05.220. WSR 92-04-006, §

308-20-100, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 88-19-047 (Order

PM 772), § 308-20-100, filed 9/14/88. Statutory Author-

ity: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-

20-100, filed 9/12/84.] Repealed by WSR 96-17-040,

filed 8/19/96, effective 9/19/96. Statutory Authority:

RCW 34.05.354, 18.16.030, 43.17.060, 43.24.040,

43.24.024, 46.01.160, 18.145.050 and 18.39.175.

308-20-109 Instructor-trainee credit for training. [Statutory Author-

ity: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-

04-006, § 308-20-109, filed 1/23/92, effective 2/23/92.

Statutory Authority: RCW 18.16.030. WSR 88-19-047

(Order PM 772), § 308-20-109, filed 9/14/88.] Repealed

by WSR 96-17-040, filed 8/19/96, effective 9/19/96.

Statutory Authority: RCW 34.05.354, 18.16.030,

43.17.060, 43.24.040, 43.24.024, 46.01.160, 18.145.050

and 18.39.175.

308-20-130 Examination objectives. [Statutory Authority: Chapter

18.16 RCW and RCW 34.05.220. WSR 92-04-006, §

Chapter 308-20 Cosmetology—Barber—Manicurist—Esthetician Rules

[Ch. 308-20 WAC p. 2] (12/29/15)

308-20-130, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 88-19-047 (Order

PM 772), § 308-20-130, filed 9/14/88. Statutory Author-

ity: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-

20-130, filed 9/12/84.] Repealed by WSR 02-04-012,

filed 1/24/02, effective 6/30/02. Statutory Authority:

RCW 18.16.030(2).

308-20-140 Examination—Application. [Statutory Authority: Chap-

ter 18.16 RCW and RCW 34.05.220. WSR 92-04-006, §

308-20-140, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-

140, filed 5/10/91, effective 6/10/91. Statutory Author-

ity: RCW 18.16.030 and 43.24.086. WSR 90-07-030, §

308-20-140, filed 3/14/90, effective 4/14/90. Statutory

Authority: RCW 18.16.030. WSR 88-19-047 (Order

PM 772), § 308-20-140, filed 9/14/88. Statutory Author-

ity: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-

20-140, filed 9/12/84.] Repealed by WSR 96-17-040,

filed 8/19/96, effective 9/19/96. Statutory Authority:

RCW 34.05.354, 18.16.030, 43.17.060, 43.24.040,

43.24.024, 46.01.160, 18.145.050 and 18.39.175.

308-20-150 Student appeal—Examination eligibility denial by the

school. [Statutory Authority: Chapter 18.16 RCW and

RCW 34.05.220. WSR 92-04-006, § 308-20-150, filed

1/23/92, effective 2/23/92. Statutory Authority: RCW

18.16.030. WSR 88-19-047 (Order PM 772), § 308-20-

150, filed 9/14/88. Statutory Authority: 1984 c 208.

WSR 84-19-020 (Order PL 480), § 308-20-150, filed

9/12/84.] Repealed by WSR 02-04-012, filed 1/24/02,

effective 6/30/02. Statutory Authority: RCW

18.16.030(2).

308-20-155 Procedure for applicants requiring special accommoda-

tions for licensure examination. [Statutory Authority:

Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-

006, § 308-20-155, filed 1/23/92, effective 2/23/92.

Statutory Authority: RCW 18.16.030 and 43.24.086.

WSR 90-07-030, § 308-20-155, filed 3/14/90, effective

4/14/90. Statutory Authority: RCW 18.16.030. WSR

88-19-047 (Order PM 772), § 308-20-155, filed

9/14/88.] Repealed by WSR 02-04-012, filed 1/24/02,

effective 6/30/02. Statutory Authority: RCW

18.16.030(2).

308-20-160 Release of results of examination. [Statutory Authority:

1984 c 208. WSR 84-19-020 (Order PL 480), § 308-20-

160, filed 9/12/84.] Repealed by WSR 97-17-062, filed

8/18/97, effective 9/18/97. Statutory Authority: RCW

34.05.354.

308-20-171 Passing scores on all examinations. [Statutory Author-

ity: Chapter 18.16 RCW and RCW 34.05.220. WSR 92-

04-006, § 308-20-171, filed 1/23/92, effective 2/23/92.

Statutory Authority: RCW 18.16.030. WSR 88-19-047

(Order PM 772), § 308-20-171, filed 9/14/88. Statutory

Authority: RCW 18.16.090, 18.16.020(11) and

18.16.030(2). WSR 87-01-006 (Order PM 614), § 308-

20-171, filed 12/5/86. Statutory Authority: 1984 c 208 §

7(2). WSR 85-01-044 (Order PL 502), § 308-20-171,

filed 12/13/84.] Repealed by WSR 02-04-012, filed

1/24/02, effective 6/30/02. Statutory Authority: RCW

18.16.030(2).

308-20-172 Failed examination appeal procedures. [Statutory

Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-172, filed 1/23/92, effective

2/23/92.] Repealed by WSR 02-04-012, filed 1/24/02,

effective 6/30/02. Statutory Authority: RCW

18.16.030(2).

308-20-175 Persons licensed in other jurisdictions. [Statutory

Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-175, filed 1/23/92, effective

2/23/92. Statutory Authority: RCW 18.16.030. WSR

91-11-042, § 308-20-175, filed 5/10/91, effective

6/10/91.] Repealed by WSR 96-17-040, filed 8/19/96,

effective 9/19/96. Statutory Authority: RCW 34.05.354,

18.16.030, 43.17.060, 43.24.040, 43.24.024, 46.01.160,

18.145.050 and 18.39.175.

308-20-180 Posting of license. [Statutory Authority: Chapter 18.16

RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-

180, filed 1/23/92, effective 2/23/92. Statutory Author-

ity: 1984 c 208. WSR 84-19-020 (Order PL 480), § 308-

20-180, filed 9/12/84.] Repealed by WSR 03-14-046,

filed 6/24/03, effective 7/25/03. Statutory Authority:

RCW 18.16.030 and 43.24.023.

308-20-200 Fees. [Statutory Authority: 1984 c 208. WSR 84-19-020

(Order PL 480), § 308-20-200, filed 9/12/84.] Repealed

by WSR 87-10-028 (Order PM 650), filed 5/1/87. Statu-

tory Authority: RCW 43.24.086.

308-20-205 License renewal—Penalties. [Statutory Authority:

Chapter 18.16 RCW and RCW 34.05.220. WSR 92-04-

006, § 308-20-205, filed 1/23/92, effective 2/23/92.

Statutory Authority: RCW 18.16.030. WSR 88-19-047

(Order PM 772), § 308-20-205, filed 9/14/88. Statutory

Authority: 1984 c 208. WSR 84-19-020 (Order PL 480),

§ 308-20-205, filed 9/12/84.] Repealed by WSR 96-17-

040, filed 8/19/96, effective 9/19/96. Statutory Author-

ity: RCW 34.05.354, 18.16.030, 43.17.060, 43.24.040,

43.24.024, 46.01.160, 18.145.050 and 18.39.175.

308-20-208 Grandfather provisions. [Statutory Authority: Chapter

18.16 RCW and RCW 34.05.220. WSR 92-04-006, §

308-20-208, filed 1/23/92, effective 2/23/92.] Repealed

by WSR 96-17-040, filed 8/19/96, effective 9/19/96.

Statutory Authority: RCW 34.05.354, 18.16.030,

43.17.060, 43.24.040, 43.24.024, 46.01.160, 18.145.050

and 18.39.175.

308-20-310 Minimum sanitation, safety and health standards for all

individual licensees. [Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-310, filed

7/17/92, effective 8/17/92.] Repealed by WSR 02-04-

012, filed 1/24/02, effective 6/30/02. Statutory Author-

ity: RCW 18.16.030(2).

308-20-500 Definitions. [Statutory Authority: Chapter 18.16 RCW.

WSR 92-15-087, § 308-20-500, filed 7/17/92, effective

8/17/92.] Repealed by WSR 97-17-062, filed 8/18/97,

effective 9/18/97. Statutory Authority: RCW 34.05.354.

308-20-510 Minimum operator licensing standards. [Statutory

Authority: Chapter 18.16 RCW. WSR 92-15-087, §

308-20-510, filed 7/17/92, effective 8/17/92.] Repealed

by WSR 96-17-040, filed 8/19/96, effective 9/19/96.

Statutory Authority: RCW 34.05.354, 18.16.030,

43.17.060, 43.24.040, 43.24.024, 46.01.160, 18.145.050

and 18.39.175.

308-20-530 Minimum licensing requirements. [Statutory Authority:

Chapter 18.16 RCW. WSR 92-15-087, § 308-20-530,

filed 7/17/92, effective 8/17/92.] Repealed by WSR 03-

14-046, filed 6/24/03, effective 7/25/03. Statutory

Authority: RCW 18.16.030 and 43.24.023.

308-20-540 Application process. [Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-540, filed

7/17/92, effective 8/17/92.] Repealed by WSR 96-17-

040, filed 8/19/96, effective 9/19/96. Statutory Author-

ity: RCW 34.05.354, 18.16.030, 43.17.060, 43.24.040,

43.24.024, 46.01.160, 18.145.050 and 18.39.175.

308-20-545 License issuance. [Statutory Authority: Chapter 18.16

RCW. WSR 92-15-087, § 308-20-545, filed 7/17/92,

effective 8/17/92.] Repealed by WSR 96-17-040, filed

8/19/96, effective 9/19/96. Statutory Authority: RCW

34.05.354, 18.16.030, 43.17.060, 43.24.040, 43.24.024,

46.01.160, 18.145.050 and 18.39.175.

308-20-590 Minimum business location sanitation, safety, and

health standards. [Statutory Authority: Chapter 18.16

RCW. WSR 92-15-087, § 308-20-590, filed 7/17/92,

effective 8/17/92.] Repealed by WSR 02-04-012, filed

1/24/02, effective 6/30/02. Statutory Authority: RCW

18.16.030(2).

308-20-600 Disinfecting and sterilizing of tools and other imple-

ments. [Statutory Authority: RCW 18.16.030 and

43.24.023. WSR 03-14-046, § 308-20-600, filed

6/24/03, effective 7/25/03. Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-600, filed

7/17/92, effective 8/17/92.] Repealed by WSR 07-14-

066, filed 6/29/07, effective 8/1/07. Statutory Authority:

RCW 18.16.030 and 43.24.023.

308-20-610 Chemical use and storage. [Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-610, filed

7/17/92, effective 8/17/92.] Repealed by WSR 07-14-

066, filed 6/29/07, effective 8/1/07. Statutory Authority:

RCW 18.16.030 and 43.24.023.

308-20-630 Worker right to know. [Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-630, filed

7/17/92, effective 8/17/92.] Repealed by WSR 01-01-

083, filed 12/14/00, effective 1/14/01. Statutory Author-

ity: RCW 18.16.030(2).

308-20-640 Educational, medical, first aid, and accident prevention

programs. [Statutory Authority: Chapter 18.16 RCW.

WSR 92-15-087, § 308-20-640, filed 7/17/92, effective

8/17/92.] Repealed by WSR 01-01-083, filed 12/14/00,

effective 1/14/01. Statutory Authority: RCW

18.16.030(2).

Cosmetology—Barber—Manicurist—Esthetician Rules 308-20-040

(12/29/15) [Ch. 308-20 WAC p. 3]

308-20-670 Pets on the premises. [Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-670, filed

7/17/92, effective 8/17/92.] Repealed by WSR 01-01-

083, filed 12/14/00, effective 1/14/01. Statutory Author-

ity: RCW 18.16.030(2).

308-20-680 Compliance with state, federal, and local building

codes. [Statutory Authority: Chapter 18.16 RCW. WSR

92-15-087, § 308-20-680, filed 7/17/92, effective

8/17/92.] Repealed by WSR 01-01-083, filed 12/14/00,

effective 1/14/01. Statutory Authority: RCW

18.16.030(2).

308-20-690 Inspection of premises. [Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-690, filed

7/17/92, effective 8/17/92.] Repealed by WSR 01-01-

083, filed 12/14/00, effective 1/14/01. Statutory Author-

ity: RCW 18.16.030(2).

308-20-700 Penalty for failure to obtain operator or location licenses

or comply with statutes of regulatory authorities. [Statu-

tory Authority: Chapter 18.16 RCW. WSR 92-15-087, §

308-20-700, filed 7/17/92, effective 8/17/92.] Repealed

by WSR 01-01-083, filed 12/14/00, effective 1/14/01.

Statutory Authority: RCW 18.16.030(2).

308-20-710 Application of brief adjudicative proceedings. [Statu-

tory Authority: RCW 18.16.030 and 43.24.023. WSR

03-14-046, § 308-20-710, filed 6/24/03, effective

7/25/03. Statutory Authority: RCW 34.05.410 (1)(a)

and 34.05.482 (1)(c). WSR 97-10-049, § 308-20-710,

filed 5/1/97, effective 6/1/97.] Repealed by WSR 06-10-

007, filed 4/20/06, effective 5/21/06. Statutory Author-

ity: RCW 18.16.030. Later promulgation, see chapter

308-08 WAC.

308-20-720 Preliminary record in brief adjudicative proceedings.

[Statutory Authority: RCW 34.05.410 (1)(a) and

34.05.482 (1)(c). WSR 97-10-049, § 308-20-720, filed

5/1/97, effective 6/1/97.] Repealed by WSR 06-10-007,

filed 4/20/06, effective 5/21/06. Statutory Authority:

RCW 18.16.030. Later promulgation, see chapter 308-

08 WAC.

308-20-730 Conduct of brief adjudicative proceedings. [Statutory

Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c).

WSR 97-10-049, § 308-20-730, filed 5/1/97, effective

6/1/97.] Repealed by WSR 06-10-007, filed 4/20/06,

effective 5/21/06. Statutory Authority: RCW 18.16.030.

Later promulgation, see chapter 308-08 WAC.

308-20-010

WAC 308-20-010 Definitions. (1) "Chemical com-

pounds formulated for professional use only" are those com-

pounds containing hazardous chemicals in a form not gener-

ally sold to the public; including but not limited to, bulk con-

centrates of permanent wave solution, neutralizers, chemical

relaxers, oxidizing agents, flammable substances, facial

creams, or approved chemical compounds. These compounds

must be designated for use on the hair, face, neck, skin, or

scalp.

(2) "Monthly student report" are forms provided by the

school, approved by the department, preprinted with the

school name. The report must include the month, year and

daily activities of the student in each subject, (i.e., number of

shampoos, haircuts, perms, colors, etc.) within each course

(i.e., barbering, manicuring, cosmetology, hair design, esthet-

ics, master esthetics, or instructor-trainee).

(3) "Completed and graduated" is the completion of the

school curriculum and the state approved minimum hourly

course of training.

(4) "Apprentice salon/shop" is a location certified by the

Washington state apprenticeship and training committee, that

provides training for individuals accepted into the apprentice-

ship program. Apprentice salon/shops shall not receive pay-

ment from the apprentice for training.

(5) "Apprentice trainer" is a person that is currently

licensed and in good standing. This person provides training

in a licensed shop approved for the apprenticeship program,

who must have received journey level training and have held

a license in the curriculum for which he or she is providing

training for a minimum of three years.

(6) "Journey level training" is the completion of three

years working as a licensed cosmetologist, hair designer, bar-

ber, manicurist, esthetician, or master esthetician.

(7) "Completion of the apprenticeship training" is the

completion of the apprentice salon/shop curriculum that

includes the state approved hourly course of training as

described in WAC 308-20-080.

(8) "Monthly apprentice report" forms provided by the

apprentice shop, approved by the department, printed with

the shop name, for use in recording apprentice training hours

and activities.

(9) "Online training" means an approved electronic

learning environment through a licensed school in which a

student is enrolled. This training is limited to theory only.

Online training may be used for up to twenty-five percent of

the approved course of study.

[Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-

033, § 308-20-010, filed 12/29/15, effective 1/29/16. Statutory Authority:

RCW 43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-010, filed 3/2/10,

effective 4/2/10. Statutory Authority: RCW 18.16.030, 43.24.023. WSR 08-

22-029, § 308-20-010, filed 10/28/08, effective 2/1/09. Statutory Authority:

RCW 18.16.030, 18.16.280, 43.24.023. WSR 05-17-020, § 308-20-010,

filed 8/4/05, effective 9/4/05; WSR 04-05-005, § 308-20-010, filed 2/6/04,

effective 3/8/04. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR

03-14-046, § 308-20-010, filed 6/24/03, effective 7/25/03. Statutory Author-

ity: RCW 18.16.030(2). WSR 02-04-012, § 308-20-010, filed 1/24/02, effec-

tive 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-010, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-010, filed 5/10/91,

effective 6/10/91; WSR 88-19-047 (Order PM 772), § 308-20-010, filed

9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480),

§ 308-20-010, filed 9/12/84. Formerly chapters 308-16 and 308-24 WAC.]

308-20-025

WAC 308-20-025 Natural hair braiding—Exemp-

tion. Nothing in chapter 18.16 RCW or 308-20 WAC prohib-

its or restricts the practice of natural hair braiding. Natural

hair braiding does not include hair cutting, application of

dyes, reactive chemicals or other preparations to alter the

color of the hair or to straighten, curl, or alter the structure of

the hair. Natural hair braiding may involve the use of hair

extensions when the extensions are attached only by natural

means.

[Statutory Authority: RCW 18.16.030(4) and 43.24.23 [43.24.023]. WSR

15-07-020, § 308-20-025, filed 3/10/15, effective 4/10/15.]

308-20-040

WAC 308-20-040 Student records. (1) Schools shall

collect and record monthly and final student reports. These

reports as described in WAC 308-20-010 shall contain the

cumulative number of hours the student has attended class

and the number of times the student performs an activity as

described in WAC 308-20-080. The hours attended shall not

be recorded in less than one-quarter hour increments. Each

monthly report shall include the month and the year.

(2) Monthly and final student reports shall be signed by

an instructor who is licensed in the curriculum being taught

and is employed at the school where the student is enrolled.

(3) The school shall certify that a student has satisfied

the minimum instruction guidelines described in WAC 308-

20-080 at the time the final hours are reported to the depart-

ment.

308-20-055 Cosmetology—Barber—Manicurist—Esthetician Rules

[Ch. 308-20 WAC p. 4] (12/29/15)

(4) Schools shall maintain student records on the school

premises for at least three years. The student records shall

include documentation of student training including the

monthly student reports.

(5) The school shall notify the department of the persons

authorized to sign student records on the school data sheet.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-040, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW

43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-040, filed 3/2/10,

effective 4/2/10. Statutory Authority: RCW 18.16.030, 18.16.280,

43.24.023. WSR 04-05-005, § 308-20-040, filed 2/6/04, effective 3/8/04.

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, §

308-20-040, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW

18.16.030(2). WSR 02-04-012, § 308-20-040, filed 1/24/02, effective

6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-040, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-040, filed 5/10/91,

effective 6/10/91; WSR 88-19-047 (Order PM 772), § 308-20-040, filed

9/14/88. Statutory Authority: RCW 18.16.030(2) and 18.16.140 as amended

by 1987 c 445 § 1. WSR 87-21-010 (Order PM 681), § 308-20-040, filed

10/9/87. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480),

§ 308-20-040, filed 9/12/84.]

308-20-055

WAC 308-20-055 Apprentice records. (1) Apprentice

salon/shops shall collect and record monthly and final

apprentice training records. These reports described in WAC

308-20-010(8) shall contain the cumulative number of hours

the apprentice has earned in each area of the minimum

instruction guidelines and the number of times an apprentice

performs an activity. Records shall include the month, year,

and daily activities of the apprentice in each subject.

(2) Copies of each apprentice's records shall be kept on

file at the apprentice salon shop for the duration of training

for each apprentice and provided to the apprentice and the

apprenticeship program at the end of each month of training.

(3) Monthly and final apprentice records shall be signed

by the apprentice trainer. The apprentice salon/shop shall

notify the department of persons authorized to sign the

apprentice's records on forms provided by the department.

(4) The apprenticeship program shall certify that an

apprentice has satisfied the minimum instruction guidelines

required in the standards of the apprenticeship program as

described in WAC 308-20-080 at the time the final hours are

reported to the department.

(5) The apprentice records shall be maintained by the

shop during the training and by the Washington state appren-

ticeship and training committee for three years once training

is completed. The apprentice records shall include documen-

tation of apprentice training.

[Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-

033, § 308-20-055, filed 12/29/15, effective 1/29/16. Statutory Authority:

RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-055, filed

11/26/13, effective 1/1/14; WSR 08-22-029, § 308-20-055, filed 10/28/08,

effective 2/1/09. Statutory Authority: RCW 18.16.030, 18.16.280,

43.24.023. WSR 04-05-005, § 308-20-055, filed 2/6/04, effective 3/8/04.]

308-20-065

WAC 308-20-065 Student and apprentice registra-

tion. (1) All schools and apprentice shops shall register any

new student to the department in a manner and format pre-

scribed by the department.

(2) At least one time per month, on or before the tenth

day of the month, schools and apprentice shops shall submit

to the department, a record of each student or apprentice's

accrued clock hours in a manner and format prescribed by the

department. A school or apprentice shop's initial submission

of clock hours shall include all hours accrued at the school or

apprentice shop and all transferred hours received by the

school or apprentice shop.

(3) Upon graduation, a school shall certify in a manner

and format prescribed by the department that a student has

completed the curriculum hours approved by the department.

(4) Upon completion of the apprenticeship training pro-

gram, the apprentice shop shall certify in a manner and for-

mat prescribed by the department that an apprentice has com-

pleted the minimum number of training hours approved by

the department.

(5) Schools and apprentice shops shall report a student or

apprentice's withdrawal or termination to the department, in a

manner and format prescribed by the department, within ten

calendar days of the withdrawal or termination.

(6) Schools and apprentice shops shall report a student or

apprentice's leave of absence request approved by the school

or apprentice shop to the department, in a manner and format

prescribed by the department, within ten calendar days of the

start date of the leave.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-065, filed 11/26/13, effective 1/1/14; WSR 08-22-029, § 308-20-

065, filed 10/28/08, effective 2/1/09.]

308-20-080

WAC 308-20-080 Minimum instruction guidelines

for cosmetology, hair design, barbering, manicuring,

esthetics and master esthetics training. The minimum

instruction guidelines for training required for a student or

apprentice to be eligible to take the license examination for

the following professions shall include:

(1) For cosmetology:

(a) Theory of the practice of cosmetology including busi-

ness practices and basic human anatomy and physiology;

(b) At least 100 hours of skills in the application of man-

icuring and pedicuring services;

esthetics services;

(d) Shampooing including draping, brushing, scalp

manipulations, conditioning and rinsing;

(e) Scalp and hair analysis;

(f) Hair cutting and trimming including scissors, razor,

thinning shears and clippers;

(g) Hair styling including wet, dry and thermal styling,

braiding and styling aids;

(h) Cutting and trimming of facial hair including beard

and mustache design and eyebrow, ear and nose hair trim-

ming;

(i) Artificial hair;

(j) Permanent waving including sectioning, wrapping,

preperm test curl, solution application, processing test curl,

neutralizing and removal of chemicals;

(k) Chemical relaxing including sectioning, strand test,

relaxer application, and removal of chemicals;

(l) Hair coloring and bleaching including predisposition

test and strand test, and measurement, mixing, application

and removal of chemicals;

(m) Cleaning and disinfecting of individual work sta-

tions, individual equipment and tools and proper use and stor-

age of linens;

Cosmetology—Barber—Manicurist—Esthetician Rules 308-20-080

(12/29/15) [Ch. 308-20 WAC p. 5]

(n) Diseases and disorders of the scalp, hair, skin and

nails;

(o) Safety including proper use and storage of chemicals,

implements and electrical appliances;

(p) First aid as it relates to cosmetology; and

(q) Not all training may be on mannequins.

(2) For hair design:

(a) Theory of the practice of hair design including busi-

ness practices and basic human anatomy and physiology;

(b) Shampooing including draping, brushing, scalp

manipulations, conditioning and rinsing;

(d) Hair cutting and trimming including scissors, razor,

thinning shears and clippers;

(e) Hair styling including wet, dry and thermal styling,

braiding and styling aids;

(f) Cutting and trimming of facial hair including beard

and mustache design and eyebrow, ear and nose hair trim-

ming;

(g) Artificial hair;

(h) Permanent waving including sectioning, wrapping,

preperm test curl, solution application, processing test curl,

neutralizing and removal of chemicals;

(i) Chemical relaxing including sectioning, strand test,

relaxer application, and removal of chemicals;

(j) Hair coloring and bleaching including predisposition

test and strand test, and measurement, mixing, application

and removal of chemicals;

(k) Cleaning and disinfecting of individual work sta-

tions, individual equipment and tools and proper use and stor-

age of linens;

(l) Diseases and disorders of the scalp and hair;

(m) Safety including proper use and storage of chemi-

cals, implements and electrical appliances;

(n) First aid as it relates to hair design; and

(o) Not all training may be on mannequins.

(3) For barbering:

(a) Theory of the practice of barbering services and busi-

ness practices and basic human anatomy and physiology;

(b) Shampooing including draping, brushing, scalp

manipulations, conditioning and rinsing;

(d) Hair cutting and trimming including scissors, razor,

thinning shears and clippers;

(e) Hair styling, wet, dry and thermal styling and styling

aids;

(f) Cutting and trimming of facial hair including shaving,

beard and mustache design and eyebrow, ear and nose hair

trimming;

(g) Artificial hair;

(h) Cleaning and disinfecting of individual work sta-

tions, individual equipment and tools and proper use and stor-

age of linens;

(i) Diseases and disorders of the skin, scalp and hair;

(j) Safety including proper use of implements and elec-

trical appliances;

(k) First aid as it relates to barbering; and

(l) Not all training may be on mannequins.

(4) For manicuring:

(a) Theory in the practice of manicuring and pedicuring

services, business practices and basic human anatomy and

physiology;

(b) Artificial nails including silk, linen, fiberglass,

acrylic, gel, powder, extensions and sculpting, preparation,

application, finish and removal;

and feet and treatment of cuticles;

(d) Cleaning and disinfecting of individual work station,

individual equipment and tools and proper use and storage of

linens;

(e) Diseases and disorders of the nails of the hands and

feet;

(f) Safety including proper use and storage of chemicals,

implements and electrical appliances;

(g) First aid as it relates to manicuring and pedicuring;

and

(h) Not all training may be on mannequins.

(5) For esthetics:

Theory in the practice of esthetics services, business

practices and basic human anatomy and physiology (750

hours):

(a) Care of the skin compresses, massage, facials, wraps,

masks, exfoliation, use of electrical or mechanical appliances

or chemical compounds;

(b) Temporary removal of superfluous hair of the skin by

means including tweezing, waxing, tape, chemicals, lotions,

creams, sugaring, threading, mechanical or electrical appara-

tus and appliances;

individual equipment and tools and proper use and storage of

linens;

(d) Diseases and disorders of the skin;

(e) Safety including proper use and storage of chemicals,

implements and electrical appliances;

(f) First aid as it relates to esthetics; and

(g) Not all training may be on mannequins.

(6) Master esthetics (450 additional hours):

Theory in the practice of master esthetics, business prac-

tices, and basic human anatomy and physiology including all

of subsection (4) of this section and the following:

(a) Laser, light frequency, radio frequency, ultrasound,

and plasma practices;

(b) Medium depth chemical peels;

indications/contraindications;

(d) Pretreatment and post-treatment procedures;

(e) Lymphatic drainage and advanced facial massage;

(f) Advanced diseases and disorders of the skin; and

(g) Advanced theories; alternative, touch, and spa body

treatments.

(7) Online training curriculums must be approved by the

department.

[Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-

033, § 308-20-080, filed 12/29/15, effective 1/29/16. Statutory Authority:

RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-080, filed

11/26/13, effective 1/1/14; WSR 08-22-029, § 308-20-080, filed 10/28/08,

effective 2/1/09. Statutory Authority: RCW 18.16.030(2). WSR 02-04-012,

§ 308-20-080, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter

18.16 RCW and RCW 34.05.220. WSR 92-04-006, § 308-20-080, filed

1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. WSR 91-

11-042, § 308-20-080, filed 5/10/91, effective 6/10/91; WSR 88-19-047

308-20-090 Cosmetology—Barber—Manicurist—Esthetician Rules

[Ch. 308-20 WAC p. 6] (12/29/15)

(Order PM 772), § 308-20-080, filed 9/14/88. Statutory Authority: 1984 c

208. WSR 84-19-020 (Order PL 480), § 308-20-080, filed 9/12/84.]

308-20-090

WAC 308-20-090 Student credit for training in a

licensed school. (1) A maximum of twenty students per

instructor is required within a licensed school.

(2) Only those hours of instruction a student is given

under the direction of a licensed instructor of the licensed

school in which the student is enrolled and in the courses

listed in WAC 308-20-080 and 308-20-105 or hours earned

under WAC 308-20-091 shall be credited toward completion

of the course of study required in RCW 18.16.100.

(3) When all of a school's requirements have been met by

a student and within thirty days of a student leaving a school,

the school shall provide to the student a certified copy of the

student's final report and refer the student for examination(s)

in a manner and format prescribed by the department.

(4) Students may transfer between the schools and

apprenticeship salon/shops licensed under chapter 18.16

RCW and may receive credit toward completion of the cur-

riculum in the new school or apprenticeship salon/shop. In

order to enroll a transfer student or apprentice, the new

school or apprentice salon/shop shall do the following:

(a) Confirm that the student is available for transfer

through the student registration process in a manner and for-

mat prescribed by the department;

(b) Evaluate the certified final student report provided by

the student or apprentice and compare the report with the new

school or apprentice salon/shop curriculum requirements;

and

or reject the final student or apprentice report in part or in

total from the previous school or salon/shop and shall prepare

a monthly report that documents the amount of instructions

being accepted.

(5) Both the transferring and receiving school or

salon/shop shall maintain student or apprentice records

including the transfer record as required in WAC 308-20-

040(4).

(6) Licensed instructors must be physically present

where the students are training with the exception of

approved online theory training.

(7) Certified training hours expire three years after the

last day of attendance. Any hours earned by a student that are

more than three years old are considered by the department to

be expired and will not be considered valid towards initial

licensure.

(8) Documentation providing evidence of experience as

a licensed cosmetologist, hair designer, barber, manicurist,

esthetician or master esthetician credited towards instructor

training shall be included in the student record as required in

WAC 308-20-040(4).

[Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-

033, § 308-20-090, filed 12/29/15, effective 1/29/16. Statutory Authority:

RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-090, filed

11/26/13, effective 1/1/14; WSR 08-22-029, § 308-20-090, filed 10/28/08,

effective 2/1/09. Statutory Authority: RCW 18.16.030, 18.16.280,

43.24.023. WSR 04-05-005, § 308-20-090, filed 2/6/04, effective 3/8/04.

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, §

308-20-090, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW

18.16.030(2). WSR 02-04-012, § 308-20-090, filed 1/24/02, effective

6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-090, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-090, filed 5/10/91,

effective 6/10/91; WSR 88-19-047 (Order PM 772), § 308-20-090, filed

9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480),

§ 308-20-090, filed 9/12/84.]

308-20-091

WAC 308-20-091 Student credit for training in a

licensed salon/shop. (1) A maximum ten percent of the total

curriculum hours required may be earned by a student in a

licensed salon/shop under a contract approved by the depart-

ment signed by the student, the school owner, and the

salon/shop manager.

(2) A copy of the signed contract shall be kept in the stu-

dent file, kept on file at the salon shop and given to the stu-

dent and shall be made available to the department on

request.

(3) Only those hours of instruction a student is given

under the direction of a licensed operator in the contracted

salon/shop and in the subjects agreed to in the contract shall

be credited towards completion of the course of study

required in RCW 18.16.100.

(4) Students will not receive any wages or commission

for hours of credit earned in a salon/shop.

(5) Salon/shops shall provide weekly reports to the

school and student with hours the student earned in each area

of agreed training.

(6) Weekly reports provided by salon/shops verifying

hours student earns in salon training must be included in stu-

dent's records and recorded on student's monthly and final

reports.

(7) Licensed operators must be physically present where

students are training.

(8) Students in training must wear identification visible

to the public that states that they are students in training.

(9) Certified training hours expire three years after the

last day of attendance. Any hours earned by a student that are

more than three years old are considered by the department to

be expired and will not be considered valid towards initial

licensure.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-091, filed 11/26/13, effective 1/1/14; WSR 03-14-046, § 308-20-

091, filed 6/24/03, effective 7/25/03.]

308-20-101

WAC 308-20-101 Apprentice credit for training in

an approved apprentice salon/shop. (1) A minimum of one

trainer per apprentice is required.

(2) Only those hours of theory instruction given under

the direction of an instructor licensed under chapter 18.16

RCW shall be credited towards completion of the apprentice

curriculum requirements for theory hours. Cosmetologist,

barber, manicurist and esthetician theory hours must be

taught in a classroom setting under the direct supervision of

an instructor licensed in the curriculum for which he or she is

providing theory instruction.

(3) With the exception of theory hours, only those hours

of instruction an apprentice is given under the direction of an

apprentice trainer as defined in WAC 308-20-010 and in the

standards developed by the apprenticeship program shall be

credited toward completion of the apprenticeship training.

(4) When all of the apprenticeship program requirements

have been met by the apprentice and within thirty days of an

apprentice's completed training, the committee shall provide

to the apprentice a copy of the apprentice's final report.

Cosmetology—Barber—Manicurist—Esthetician Rules 308-20-110

(12/29/15) [Ch. 308-20 WAC p. 7]

(5) An apprentice may transfer between shops only when

the Washington state apprenticeship council or the Washing-

ton state department of labor and industries approves the

transfer.

(6) Apprentice trainers and instructors must be physi-

cally present where apprentices are receiving practical train-

ing.

(7) Certified training hours expire three years from last

date of attendance. Any hours earned by an apprentice that

are more than three years old are considered by the depart-

ment to be expired and will not be considered valid towards

initial licensure.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-101, filed 11/26/13, effective 1/1/14; WSR 08-22-029, § 308-20-

101, filed 10/28/08, effective 2/1/09. Statutory Authority: RCW 18.16.030,

18.16.280, 43.24.023. WSR 05-17-020, § 308-20-101, filed 8/4/05, effective

9/4/05; WSR 04-05-005, § 308-20-101, filed 2/6/04, effective 3/8/04.]

308-20-105

WAC 308-20-105 Minimum instruction require-

ments for instructor-trainees. The minimum instruction

requirements for a student to be eligible to take the examina-

tion to be licensed as an instructor shall include, but not be

limited to:

(1) Preparation for classroom activities including, but

not limited to:

(a) Choice of teaching methods;

(b) Classroom setup;

(d) Written lesson plans;

(e) Student assignments;

(f) Materials and supplies; and

(g) Recordkeeping.

(2) Presentation of information including, but not limited

to:

(a) Lectures;

(b) Demonstrations;

(d) Project methods; and

(e) Discussions.

(3) Application of practice including, but not limited to:

(a) Clinic supervision;

(b) Classroom management; and

(4) Evaluation by the instructor-trainee of the student's

understanding and performance including, but not limited to:

(a) Written/practical assessment; and

(b) Communication skills.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-105, filed 11/26/13, effective 1/1/14; WSR 03-14-046, § 308-20-

105, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW

18.16.030(2). WSR 02-04-012, § 308-20-105, filed 1/24/02, effective

6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-105, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-105, filed 5/10/91,

effective 6/10/91; WSR 88-19-047 (Order PM 772), § 308-20-105, filed

9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480),

§ 308-20-105, filed 9/12/84.]

308-20-107

WAC 308-20-107 Use and training of instructor-

trainees. (1) Instructor-trainees shall be supervised at all

times by a licensed instructor. The licensed instructor shall be

physically present where the instructor-trainee is working

and be available for consultation with the instructor-trainee.

(2) Instructor-trainees shall hold a current Washington

state cosmetology, barber, manicurist, esthetician, or master

esthetician license in good standing prior to enrolling in an

instructor-trainee program. A copy of the instructor-trainee's

valid Washington state operator license shall be kept in the

student's file.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-107, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW

43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-107, filed 3/2/10,

effective 4/2/10. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR

03-14-046, § 308-20-107, filed 6/24/03, effective 7/25/03. Statutory Author-

ity: RCW 18.16.030(2). WSR 02-04-012, § 308-20-107, filed 1/24/02, effec-

tive 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-107, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030 and 43.24.086. WSR 90-07-030, § 308-20-107,

filed 3/14/90, effective 4/14/90. Statutory Authority: RCW 18.16.030. WSR

88-19-047 (Order PM 772), § 308-20-107, filed 9/14/88.]

308-20-110

WAC 308-20-110 Minimum safety and sanitation

standards for schools, cosmetologists, manicurists, esthe-

ticians, master estheticians, barbers, instructors,

salons/shops, mobile units and personal services. Every

licensee shall maintain the following safety and sanitation

standards. In addition, school instructors and apprentice

trainers must assure persons training in a school or apprentice

salon/shop will adhere to the following safety, sanitation and

disinfection standards:

(1) Requirements and standards.

(a) All locations where chemical services are provided to

clients must have a dispensing sink with hot and cold running

water. Dispensing sinks are used for mixing chemicals, and

disinfecting supplies, tools, equipment, and other materials.

Dispensing sinks must be labeled "not for public use."

(b) On-site laundry facilities must be maintained in clean

condition.

hand-drying towels for customers must be provided.

(d) Use of bar soap or a common towel is prohibited.

(e) A licensee must not perform or continue services on

a client with visible open sores, inflamed skin, rash, or para-

sitic infestations.

(f) No licensee who knowingly has open sores, or who is

exhibiting symptoms of an infectious or contagious disease

or a disorder of the skin or a parasitic infestation shall provide

services in cosmetology, manicuring, barbering, esthetics, or

master esthetics while the licensee has the above mentioned

symptoms.

If a licensee or a client has exhibited the symptoms men-

tioned in (e) and (f) of this subsection, the area in which the

affected individual received or provided services, and all

equipment and implements that could have possibly been

touched by that individual shall be cleaned and disinfected,

including the work and waiting areas.

(g) All liquids, creams, and other cosmetic preparations

including paraffin wax and depilatory wax must be kept in

clean and closed containers.

(h) All bottles and containers must be distinctly and cor-

rectly labeled to disclose their contents. All bottles and con-

tainers containing poisonous substances must be additionally

and distinctly marked as such.

(i) Items subject to possible cross contamination such as

liquids, creams and lotions, cosmetic preparations and chem-

308-20-110 Cosmetology—Barber—Manicurist—Esthetician Rules

[Ch. 308-20 WAC p. 8] (12/29/15)

icals including paraffin wax and depilatory wax must be dis-

pensed in a way that does not contaminate the remaining por-

tion by using a disposable, or sanitized and disinfected appli-

cator. Applicators shall not be redipped in product. Liquids

must be dispensed with a squeeze bottle, pump, or spray. Any

product that cannot be disinfected that comes in contact with

the client shall be discarded after use on that particular client.

(j) Pencil cosmetics must be sharpened before each use.

Clean and disinfect or dispose of the sharpener after service

on each client.

(k) A licensee must thoroughly wash his or her hands

with soap and warm water or any equally effective cleansing

agent immediately before providing services to each client,

before checking a student's work on a client, or after smok-

ing, eating, or using the restroom.

(l) A client's skin upon which services will be performed

must be washed with soap and warm water or wiped and/or

sprayed with antiseptic or waterless hand cleanser approved

for use on skin before a service.

(m) After service on each client, hair and nail clippings

must immediately be placed in a closed covered waste con-

tainer.

(2) Articles in contact with a client.

(a) A neck strip or towel must be placed around the cli-

ent's neck to prevent direct contact between a multiple use

haircloth or cape and the client's skin, and must be in place

during entire service.

(b) All items, which come in direct contact with the cli-

ent's skin that do not require disinfecting, must be discarded

after each use.

(3) Materials in contact with a client.

(a) Paraffin wax and depilatory wax must be covered in

a manner to prevent contamination except during the waxing

service, and maintained at a temperature specified by the

manufacturer's directions.

(b) Paraffin wax and depilatory wax must be dispensed

in a way that does not contaminate the remaining portion by

using one of the following methods:

(i) Use a new spatula each time wax is removed from the

pot;

(ii) Apply wax directly onto a disposable strip;

(iii) Use one dedicated spatula to remove wax from the

pot, and then spread the wax with a second spatula. The first

spatula should never come in contact with either the client's

skin or the second spatula; or

(iv) Separate a quantity of wax from the main wax pot to

use on a single client; this quantity should be placed in a

small single-use container. Double-dipping is allowed from a

single client-use container.

skin shall not be reused under any circumstances and shall be

disposed of immediately after each use.

(d) All wax pots shall be cleaned and disinfected accord-

ing to manufacturer's directions. No applicators shall be left

standing in wax at any time.

(4) Chemical use and storage.

(a) When administering services to a client that involve

the use of chemicals or chemical compounds, all licensees

must follow safety procedures according to manufacturer's

directions or safety data sheets (SDSs), to prevent injury to

the client's person or clothing.

(b) Salon shops, personal service, mobile units and

schools shall have in the immediate working area access to all

safety data sheets (SDSs) provided by manufacturers for any

chemical products used.

potential sources of ignition.

(d) Chemicals which could interact in a hazardous man-

ner such as oxidizers, catalysts, and solvents, must be stored

per manufacturer's instruction.

(e) Licensees using chemicals or chemical compounds

when providing services to clients must store the chemicals

so as to prevent fire, explosion, or bodily harm. All chemicals

must be stored in accordance with the manufacturer's direc-

tions.

(5) Refuse and waste material.

(a) All waste must be deposited in a covered waste dis-

posal container. Containers located in the reception or office

area, which do not contain waste relating to the performance

of services, are exempt from having covers.

(b) All chemical, flammable, toxic or otherwise harmful

waste material must be disposed of in the manner required by

local hazardous waste management regulations.

faces of waste disposal containers must be kept clean.

(d) Any disposable sharp objects that come in contact

with blood or other body fluids must be disposed of in a seal-

able rigid (puncture proof) labeled container that is strong

enough to protect the licensee, client and others from acci-

dental cuts or puncture wounds that could happen during the

disposal process.

(e) Licensees must have sealable rigid containers avail-

able for use at all times services are being performed.

(6) Sanitation/disinfecting. Environmental Protection

Agency (EPA) approved disinfectants are indicated by their

registration number on the product label. The product's man-

ufacturer's directions for use shall always be followed.

(a) All tools and implements must be cleaned and disin-

fected or disposed of after service on each client. Tools and

implements not approved for disinfection and reuse under

manufacturers' specifications must be given to the client or

discarded after service on each client. These tools and imple-

ments include, but are not limited to: Nail files, cosmetic

make-up sponges, buffer blocks, sanding bands, toe separa-

tors or sleeves, orangewood sticks, and disposable nail bits.

Presence of used articles in the work area will be considered

prima facie evidence of reuse.

(b) When used according to the manufacturer's direc-

tions, each of the following is an approved method of disin-

fecting tools and implements after they are cleaned of debris:

(i) Complete immersion or spray with an EPA-registered

disinfectant solution of the object(s) or portion(s) thereof to

be disinfected; or

(ii) Steam sterilizer, registered and listed with the U.S.

Food and Drug Administration; or

(iii) Dry heat sterilizer, registered and listed with the

U.S. Food and Drug Administration, or Canadian certifica-

tion.

must be stored in a closed nonairtight container or UV steril-

izer. UV sterilizers shall be used only for clean storage of

already cleaned and disinfected tools and implements.

Cosmetology—Barber—Manicurist—Esthetician Rules 308-20-110

(12/29/15) [Ch. 308-20 WAC p. 9]

(d) All disinfecting solutions and/or agents must be kept

at manufacturer recommended strengths to maintain effec-

tiveness, be free from foreign material and be available for

immediate use at all times the location is open for business

and changed daily.

(e) All articles, which come in direct contact with the cli-

ent's skin that cannot be cleaned and disinfected, must be dis-

posed of in a waste receptacle immediately after service on

each client. Presence of these articles in the work area will be

considered prima facie evidence of reuse.

(f) Disposable protective gloves must be disposed of

after service on each client.

(7) Disinfecting nonelectrical tools and implements.

(a) All tools and implements used within a field of prac-

tice must be cleaned and disinfected after service on each cli-

ent in the following order:

(i) Remove all hair and/or foreign material;

(ii) Clean thoroughly with soap or detergent and water;

(iii) Rinse thoroughly with clear, clean water; and

(iv) Disinfect with an EPA-registered disinfectant with

demonstrated bactericidal, fungicidal, and virucidal activity,

used according to manufacturer's directions or in a steam

sterilizer or dry heat sterilizer under subsection (6)(b)(ii) and

(iii) of this section.

(b) Tools and implements without sharp edges or points,

including but not limited to combs, brushes, rollers, rods,

etc., must be totally immersed in an EPA registered disinfec-

tant according to manufacturer's directions.

placed in mouths, pockets or unsanitized holders.

(d) A client's personal tools and instruments must not be

used in the establishment except when prescribed by a physi-

cian.

(8) Disinfecting electrical tools and implements. Elec-

trical tools and implements must be disinfected after service

on each client in the following order:

(a) Remove hair and/or foreign matter;

(b) Disinfect with an EPA disinfectant specifically made

for electrical tools and implements.

(9) Storage of tools and implements.

(a) New and/or cleaned and disinfected tools and imple-

ments must be stored separately from all other items.

(b) Used tools and implements must be stored in a

labeled drawer or container at the work station.

cleaned and disinfected and free of foreign material.

(d) Storage cabinets, work stations and storage drawers

for cleaned and disinfected tools and implements must be

free of debris and used only for cleaned and disinfected tools

and implements.

(10) Cleaning and disinfecting foot spas.

(a) As used in this section, "foot spa" or "spa" is defined

as any basin using circulating water.

(b) After each client:

(i) Drain the water from the foot spa basin and remove

any visible debris;

(ii) Clean the surfaces of the foot spa with soap or deter-

gent, rinse with clean water and drain;

(iii) Disinfect the surface with an EPA registered disin-

fectant according to the manufacturer's directions on the

label. Surfaces must remain wet with disinfectant for ten min-

utes or the time stated on the label.

(i) For whirlpool foot spas, air-jet basins, "pipeless" foot

spas and other circulating spas:

(A) Drain the water from the foot spa basin or bowl and

remove any visible debris.

(B) Clean the surfaces of the foot spa with soap or deter-

gent, rinse with clean water and drain.

the appropriate amount of EPA registered disinfectant. Turn

the unit on to circulate the disinfectant for the entire contact

time according to the manufacturer's directions on the label.

(D) Drain and rinse the basin with clean water and

allow to air dry.

(ii) For foot spas with filter screens, inlet jets and other

removable parts that require special attention during the dis-

infecting process.

(A) Drain the water from the foot spa basin and remove

any visible debris.

(B) Remove the filter screen, inlet jets and all other

removable parts from the basin and clean out any debris

trapped behind or in them.

detergent.

(D) Rinse the removed parts with clean water and

replace them in the basin.

(E) Clean the surfaces of the foot spa with soap or deter-

gent, rinse with clean water and drain.

(F) Disinfect - Fill the basin with clean water, adding the

appropriate amount of EPA registered disinfectant. Turn the

unit on to circulate the disinfectant for the entire contact time

according to the manufacturer's directions on the label.

(G) Drain and rinse the basin with clean water and

allow to air dry.

(d) A record must be made of the date and time of each

cleaning and disinfecting as required by (c) and (d) of this

subsection. This record must be made at the time of cleaning

and disinfecting. Cleaning and disinfecting records must be

made available upon request by either a client or a depart-

ment representative.

(e) For simple basins and reusable liners (no circulation):

(i) Drain the basin and remove any visible debris.

(ii) Scrub the basin with a clean brush and soap or deter-

gent following manufacturer's directions.

(iii) Rinse the basin with clean water and drain.

(iv) Disinfect basin surfaces with an EPA registered dis-

infectant following manufacturer's directions. Surfaces must

remain wet with disinfectant for ten minutes or the contact

time stated on the label.

(v) Drain and rinse the basin with clean water and allow

to air dry.

(11) Headrests, shampoo bowls, and treatment tables.

(a) The headrest of chairs must be cleaned and disin-

fected after service on each client.

(b) Shampoo trays and bowls must be cleaned and disin-

fected after each shampoo, kept in good repair and in a clean

condition at all times.

covered with clean linens or examination paper, which must

be changed after each service on a client.

308-20-115 Cosmetology—Barber—Manicurist—Esthetician Rules

[Ch. 308-20 WAC p. 10] (12/29/15)

(12) Walls, floors, and ceilings. Walls, floors, and ceil-

ings must be cleaned and disinfected as necessary and kept

clean and free of excessive spots, mildew, condensation, or

peeling paint.

(13) Towels, linens, capes and robes. No towels, linens,

capes, or robes shall be used more than once without proper

laundering as described in this section.

(14) All towels, linens, capes, robes, and similar items

shall be laundered in a washing machine with laundry deter-

gent and chlorine bleach used according to manufacturer's

directions for disinfecting purposes. A closed dustproof cab-

inet with solid sides and a top shall be provided for cleaned

towels, linens, capes and robes. A hamper with solid sides or

a receptacle that is closed and ventilated shall be provided for

all soiled cloth towels, linens, capes and robes and never left

overnight.

(15) Prohibited hazardous substances - Use of prod-

ucts. No establishment or school may have on the premises

cosmetic products containing hazardous substances which

have been banned by the U.S. Food and Drug Administration

for use in cosmetic products. Use of 100% liquid methyl

methacrylate monomer and methylene chloride products are

prohibited. No product must be used in a manner that is dis-

approved by the U.S. Food and Drug Administration.

(16) Prohibited instruments or practices. Any razor-

edged tool, which is designed to remove calluses.

(17) Blood spills. If there is a blood spill or exposure to

other body fluids during a service, licensees and students

must stop and proceed in the following order:

(a) Stop service;

(b) Put on gloves;

(d) Cover the wound with a sterile bandage;

(e) If the wound is on a licensee hand in an area that can

be covered by a glove or finger cover, the licensee must wear

a clean, fluid proof protective glove or finger cover. If the

wound is on the client, the licensee providing service to the

client must wear gloves on both hands;

(f) Discard all contaminated objects. Contaminated

objects shall be placed in a sealed plastic bag and that bag

must be placed inside another plastic bag and discarded;

(g) All equipment, tools and instruments that have come

into contact with blood or other body fluids must be cleaned

and disinfected or discarded;

(h) Remove gloves; and

(i) Wash hands with soap and water before returning to

the service.

(18) First-aid kit. The establishment must have a first-

aid kit that contains at a minimum:

• Small bandages;

• Gauze;

• Antiseptic; and

• A blood spill kit that contains:

- Disposable bags;

- Gloves.

(19) Restroom.

(a) All locations must have a restroom available. The

restroom must be located on the premises or in adjoining

premises, which is reasonably accessible.

(b) All restrooms located on the premises must be kept

clean and in proper working order at all times.

[Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-

033, § 308-20-110, filed 12/29/15, effective 1/29/16. Statutory Authority:

RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-110, filed

11/26/13, effective 1/1/14; WSR 07-14-066, § 308-20-110, filed 6/29/07,

effective 8/1/07. Statutory Authority: RCW 18.16.030, 18.16.280,

43.24.023. WSR 04-05-005, § 308-20-110, filed 2/6/04, effective 3/8/04.

Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, §

308-20-110, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW

18.16.030(2). WSR 02-04-012, § 308-20-110, filed 1/24/02, effective

6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-110, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 91-11-042, § 308-20-110, filed 5/10/91,

effective 6/10/91; WSR 88-19-047 (Order PM 772), § 308-20-110, filed

9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order PL 480),

§ 308-20-110, filed 9/12/84.]

308-20-115

WAC 308-20-115 Reciprocity—Persons licensed in

other jurisdictions. The department shall issue a license to

any person who is properly licensed in any state, territory, or

possession of the United States, or foreign country if the

applicant submits:

(1) Application;

(2) Fee;

(3) Proof that he or she is currently licensed in good

standing as a cosmetologist, barber, manicurist, esthetician,

master esthetician, instructor, or the equivalent in that juris-

diction;

(4) Provides proof that he or she has passed an examina-

tion approved by the director.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-115, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW

43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-115, filed 3/2/10,

effective 4/2/10; WSR 06-02-048, § 308-20-115, filed 12/29/05, effective

2/1/06.]

308-20-120

WAC 308-20-120 Written and performance exami-

nations. (1) The department shall administer or approve the

administration of a written and performance license examina-

tion. The department may approve written or performance

examinations given by department-approved examination

providers.

(2) The written and performance examinations for cos-

metologist, barber, manicurist, esthetician, and master esthe-

tician shall reasonably measure the applicant's knowledge of

safe and sanitary practice.

(3) The written and performance examinations for

instructors shall be constructed to measure the applicant's

knowledge of lesson planning and teaching techniques.

(4) In order to be eligible for licensure, a license appli-

cant must pass both the written and performance examina-

tions in the practice for which they are applying.

(5) The minimum passing score for both the written and

performance examinations in all practices is a scaled score of

75.

(6) Examination results expire three years from the date

of the examination. Examination results that are more than

three years old are considered by the department to be

expired and will not be considered valid towards initial licen-

sure.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-120, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW

43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-120, filed 3/2/10,

effective 4/2/10; WSR 06-02-048, § 308-20-120, filed 12/29/05, effective

2/1/06. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-

046, § 308-20-120, filed 6/24/03, effective 7/25/03; WSR 03-08-043, § 308-

Cosmetology—Barber—Manicurist—Esthetician Rules 308-20-210

(12/29/15) [Ch. 308-20 WAC p. 11]

20-120, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW

18.16.030(2). WSR 02-04-012, § 308-20-120, filed 1/24/02, effective

6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-120, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030. WSR 88-19-047 (Order PM 772), § 308-20-

120, filed 9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020 (Order

PL 480), § 308-20-120, filed 9/12/84.]

308-20-121

WAC 308-20-121 Examination code of conduct. (1)

Applicants will be required to refrain from:

(a) Talking to other examinees during the examination

unless specifically directed or permitted to do so by a test

monitor.

(b) Attempting to communicate or record any informa-

tion by any means.

als during any portion of the examination.

(d) Removing test materials and/or notes from the testing

room.

(e) Disruptive behavior as determined by the department.

(2) Applicants who participate in any activity listed in

subsection (1) of this section will be required to leave the

examination site. Their opportunity to sit for the examination

will be forfeited. Their answer sheet will be voided. A voided

answer sheet will not be scored and the examination fee will

not be refunded.

(3) Any applicant who was removed from the testing site

for any of the reasons listed in subsection (1) of this section

will be denied for testing for one year.

[Statutory Authority: RCW 18.16.030, 43.24.023. WSR 08-22-029, § 308-

20-121, filed 10/28/08, effective 2/1/09.]

308-20-122

WAC 308-20-122 Examination retakes. Examination

applicants may take an examination no more than once a day.

[Statutory Authority: RCW 18.16.030(2). WSR 02-04-012, § 308-20-122,

filed 1/24/02, effective 6/30/02.]

308-20-123

WAC 308-20-123 Examination appeal. (1) An appli-

cant who has received a failing score on the written or practi-

cal examination shall be eligible to appeal to the department

for a review of the examination results. The department shall

only consider appeals regarding significant procedural errors

or adverse environmental conditions during the test adminis-

tration.

(2) The appeal shall be filed with the department within

fifteen days after the date of notification of examination

results. The appeal shall be made in writing, and shall state

the reason for appeal.

(3) The review of the appeal shall be conducted by one or

more department staff, or the department's designee, to deter-

mine if there is clear and convincing evidence to sustain the

applicant's appeal. The director or director's designee shall

make the final determination on the appeal.

(4) Within thirty days after the department has made a

determination on the appeal, the applicant shall be notified in

writing of the results.

(5) In acting on appeals, the department may take such

action as it deems appropriate.

[Statutory Authority: RCW 18.16.030, 43.24.023. WSR 05-04-012, § 308-

20-123, filed 1/24/05, effective 2/24/05.]

308-20-190

WAC 308-20-190 Restricted license. Should the direc-

tor restrict the licensee's scope of practice, the licensee shall

surrender the unrestricted license to the department of licens-

ing so the stated restriction can be affixed to the license and

the license returned to the licensee. All restricted licenses

must be posted at the work station of the individual in clear

view of the public. Services beyond those authorized by the

restricted license may not be performed by the licensee until

the restriction is removed from the license.

[Statutory Authority: RCW 18.16.030. WSR 88-19-047 (Order PM 772), §

308-20-190, filed 9/14/88. Statutory Authority: 1984 c 208. WSR 84-19-020

(Order PL 480), § 308-20-190, filed 9/12/84.]

308-20-210

WAC 308-20-210 Fees. In addition to any third-party

examinations fees, the following fees shall be charged by the

professional licensing division of the department of licens-

ing:

Title of Fee Fee

Cosmetologist:

License application $25.00

Reciprocity license 50.00

Renewal (two-year license) 55.00

Late renewal penalty 55.00

Duplicate license 15.00

Hair design:

License application 25.00

Reciprocity license 50.00

Renewal (two-year license) 55.00

Late renewal penalty 55.00

Duplicate license 15.00

Instructor:

License application 25.00

Reciprocity license 50.00

Renewal (two-year license) 55.00

Late renewal penalty 55.00

Duplicate license 15.00

Manicurist:

License application 25.00

Reciprocity license 50.00

Renewal (two-year license) 55.00

Late renewal penalty 55.00

Duplicate 15.00

Esthetician:

License application 25.00

Reciprocity license 50.00

Renewal (two-year license) 55.00

Late renewal penalty 55.00

Duplicate 15.00

Master esthetician:

308-20-520 Cosmetology—Barber—Manicurist—Esthetician Rules

[Ch. 308-20 WAC p. 12] (12/29/15)

[Statutory Authority: RCW 18.16.030, 43.24.023, 43.24.086. WSR 16-02-

033, § 308-20-210, filed 12/29/15, effective 1/29/16. Statutory Authority:

RCW 43.24.023 and 18.16.030. WSR 13-24-042, § 308-20-210, filed

11/26/13, effective 1/1/14. Statutory Authority: RCW 43.24.086 and

18.16.030. WSR 09-24-062, § 308-20-210, filed 11/25/09, effective 1/1/10;

WSR 06-02-048, § 308-20-210, filed 12/29/05, effective 2/1/06. Statutory

Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, § 308-20-210,

filed 6/24/03, effective 7/25/03. Statutory Authority: RCW 18.16.030 and

43.24.086. WSR 03-06-054, § 308-20-210, filed 2/28/03, effective 4/1/03.

Statutory Authority: RCW 18.16.030, 43.24.086, and 43.135.055. WSR 02-

09-040, § 308-20-210, filed 4/12/02, effective 1/1/03. Statutory Authority:

Chapter 18.16 RCW. WSR 92-15-087, § 308-20-210, filed 7/17/92, effective

8/17/92. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220.

WSR 92-04-006, § 308-20-210, filed 1/23/92, effective 2/23/92. Statutory

Authority: RCW 18.16.030 and 43.24.086. WSR 90-07-030, § 308-20-210,

filed 3/14/90, effective 4/14/90. Statutory Authority: RCW 43.24.086. WSR

87-10-028 (Order PM 650), § 308-20-210, filed 5/1/87.]

308-20-520

WAC 308-20-520 Minimum salon/shop, mobile unit,

and personal services licensing standards. No person shall

operate a cosmetology, barbering, esthetics, or manicuring

salon/shop, mobile unit, or personal services business in this

state unless the business has qualified for and has in their pos-

session a location license issued by the department of licens-

ing. If the ownership of the business changes, a new complete

application must be submitted for approval and license issu-

ance. Licenses are not transferable.

(1) An operator that leases space must obtain both a valid

operator and salon/shop license for that specific location.

(2) A business that has one or more branch locations

shall obtain a separate salon/shop license for each location.

(3) A licensed operator who provides cosmetology, bar-

bering, esthetics, or manicuring services to place-bound cli-

ents in the client's home or in a long or short term health care

facility is not required to obtain a location license.

(4) A long or short term health care facility that estab-

lishes a salon/shop and operates it on a for profit basis for cli-

ents other than place-bound clients shall obtain a location

license.

[Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, §

308-20-520, filed 6/24/03, effective 7/25/03. Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-520, filed 7/17/92, effective

8/17/92.]

308-20-550

WAC 308-20-550 Posting of required licenses, regis-

trations, permits, notice to consumers, and current

inspection form. (1) Licenses, the consumer notice required

by chapter 18.16 RCW, the apprentice salon/shop notice as

defined in WAC 308-20-555, and the most current inspection

form shall be posted in direct public view.

(2) Original operator licenses with an attached current

photograph shall be posted in clear view of clients in the

operator's work station.

(3) Original instructor licenses with an attached current

photograph shall be posted in clear view of the public.

(4) Original school, instructor, salon/shop, and mobile

unit licenses shall be posted in the reception area.

(5) Personal services shall display their licenses and con-

sumer notice in direct view of their client.

(6) A pocket identification card may not be used in lieu

of an original license.

(7) No license which has expired or become invalid for

any reason shall be displayed by any operator, instructor, or

business in connection with the practice of cosmetology, bar-

License application 25.00

Reciprocity license 50.00

Renewal (two-year license) 55.00

Late renewal penalty 55.00

Duplicate license 15.00

Barber:

License application 25.00

Reciprocity license 50.00

Renewal (two-year license) 55.00

Late renewal penalty 55.00

Duplicate license 15.00

School:

License application 300.00

Renewal (one-year license) 300.00

Late renewal penalty 175.00

Duplicate 15.00

Salon/shop:

License application 110.00

*Reduced license application (permanent

cosmetics)

15.00

Renewal (one-year license) 110.00

*Reduced renewal (permanent cosmetics) 15.00

Late renewal penalty 50.00

Duplicate license 15.00

Mobile unit:

License application 110.00

*Reduced license application (permanent

cosmetics)

15.00

Renewal (one-year license) 110.00

*Reduced renewal (permanent cosmetics) 15.00

Late renewal penalty 50.00

Duplicate license 15.00

Personal services:

License application 110.00

*Reduced license application (permanent

cosmetics)

15.00

Renewal (one-year license) 110.00

*Reduced renewal (permanent cosmetics) 15.00

Late renewal penalty 50.00

Duplicate license 15.00

* If you have an individual artist license and an artist shop location license

to practice permanent cosmetics under chapter 18.300 RCW, and an oper-

ator license under chapter 18.16 RCW you may qualify for a reduction of

the license fee for your salon shop license if it is at the same location as

your artist shop location license.

Title of Fee Fee

Cosmetology—Barber—Manicurist—Esthetician Rules 308-20-572

(12/29/15) [Ch. 308-20 WAC p. 13]

bering, esthetics, or manicuring. Any license so displayed

shall be surrendered to a department representative upon its

request.

(8) Licenses issued by another state, territory, or foreign

country shall not be displayed in any salon/shop.

(9) A receipt, issued by the department of licensing,

showing the application for a duplicate license may be used if

the original has been lost, stolen, or otherwise destroyed until

the duplicate license is received.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-550, filed 11/26/13, effective 1/1/14; WSR 07-14-066, § 308-20-

550, filed 6/29/07, effective 8/1/07. Statutory Authority: RCW 18.16.030,

18.16.280, 43.24.023. WSR 04-05-005, § 308-20-550, filed 2/6/04, effective

3/8/04. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-

046, § 308-20-550, filed 6/24/03, effective 7/25/03. Statutory Authority:

Chapter 18.16 RCW. WSR 92-15-087, § 308-20-550, filed 7/17/92, effective

8/17/92.]

308-20-555

WAC 308-20-555 Identification of apprentices and

apprentice salon/shops. (1) Salon shops must post notice to

customers of participation in the apprenticeship program. At

a minimum the notice shall state "This shop is a participant in

a state approved apprenticeship program. Apprentices in this

program are in training and have not yet received a license."

(2) Apprentices must wear identification visible to the

public that states they are participants in the apprenticeship

program.

[Statutory Authority: RCW 18.16.030, 18.16.280, 43.24.023. WSR 04-05-

005, § 308-20-555, filed 2/6/04, effective 3/8/04.]

308-20-560

WAC 308-20-560 Salon/shop, mobile unit, and per-

sonal services location license renewal process. Each

salon/shop, mobile unit, and personal services license shall

be renewed on a yearly basis. The renewal request shall be

accompanied by:

(1) The license renewal fee required under the provisions

of WAC 320-20-210.

(2) Affidavit of certification of public liability insurance

including, name of provider, policy number, effective date,

expiration date, amount of coverage, and signature of

licensee.

(3) A statement noting any changes to the information

contained in the original application form and attachments.

(4) Licenses must be renewed on or before the expiration

date. Failure to renew the license by the expiration date shall

result in a penalty fee.

(5) Failure to receive a notice of license renewal from the

department does not constitute cause for failure to renew.

[Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, §

308-20-560, filed 6/24/03, effective 7/25/03. Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-560, filed 7/17/92, effective

8/17/92.]

308-20-570

WAC 308-20-570 Operator and instructor renewal

process. Each operator or instructor license shall be renewed

every two years. The renewal request shall be accompanied

by:

(1) Social Security number.

(2) The license renewal fee required under the provisions

of WAC 308-20-210.

(3) A statement noting any changes to the information

contained in the original application form and attachments.

(4) Licenses must be renewed on or before the expiration

date. Failure to renew the license by the expiration date shall

result in a penalty fee.

(5) Failure to receive a notice of license renewal from the

department does not constitute cause for failure to renew.

[Statutory Authority: RCW 18.16.030 and 43.24.023. WSR 03-14-046, §

308-20-570, filed 6/24/03, effective 7/25/03. Statutory Authority: Chapter

18.16 RCW. WSR 92-15-087, § 308-20-570, filed 7/17/92, effective

8/17/92.]

308-20-572

WAC 308-20-572 Inspection of schools. (1) Prior to

approval of application or renewal for licensure, any person

wishing to operate a school shall, meet the requirements in

RCW 18.16.140; submit to an inspection of the site; and pro-

vide the following:

(a) Name of owner and current mailing and physical

address if solely owned.

(b) Names of partners and current mailing and physical

addresses if a partnership.

physical addresses if a corporation.

(d) Name of the school, complete mailing address, and

physical address.

(e) Days and hours of operation of the school.

(f) A signed fire inspection report from the local fire

authority indicating all standards and requirements have been

met.

(g) Listing of all instructors including license number

and expiration date.

(h) Sample of all monthly student reports.

(i) Sample of student packet to be provided to student at

enrollment that must contain, but is not limited to, a copy of

the school's catalog, brochure, enrollment contract, and can-

cellation and refund policies.

(j) Floor plan drawn to scale showing placement of all

equipment; areas designated for the clinic, dispensary, class-

room, office and restrooms; and identify student capacity.

The floor plan shall include the square footage of the school.

(2) All locations shall pass a prelicensing inspection by a

department representative by meeting the following require-

ments:

(a) A permanent entrance sign designating the name of

the school.

(b) A time clock and time cards or other equipment nec-

essary for verification of daily student attendance and hours

earned.

shall be available for school operation.

(d) Textbooks/teaching materials - Textbooks shall be

required for each student in attendance.

(e) Lavatories with hot and cold running water, single-

use hand soap and disposable or single-use hand drying tow-

els or an automatic hand dryer.

(f) When a salon and school are under the same owner-

ship in the same building, separate operation of the salon and

the school must be maintained. Common reception areas and

restrooms will be allowed; however, the salon and school

must have separate entrances and meet location requirements

identified in chapter 18.16 RCW.

(g) Emergency evacuation plans posted for staff and stu-

dents.

308-20-575 Cosmetology—Barber—Manicurist—Esthetician Rules

[Ch. 308-20 WAC p. 14] (12/29/15)

(h) There must be a sufficient number of tables/desks

and chairs to accommodate the registered students.

(i) Department of licensing safety and sanitation guide-

lines posted in all dispensaries and classrooms.

(j) Supplemental training space must be preapproved by

the department.

(i) The supplemental training space must be located

within two miles of the original facility of the licensed

school.

(ii) A duplicate copy of the school license shall be posted

at the supplemental training space.

(iii) A duplicate copy of each instructor's license with a

current photograph shall be posted at the supplemental train-

ing space.

(iv) The supplemental training space shall bear the same

name as the original licensed school.

(v) Supplemental training space is only approved for the-

ory and/or practice rooms. No clinic services shall be pro-

vided in supplemental training space.

(k) Schools must post a sign that contains the words

"work done exclusively by students" or "all work performed

by students under supervision of a licensed instructor" in the

reception or clinic area.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-572, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW

43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-572, filed 3/2/10,

effective 4/2/10. Statutory Authority: RCW 18.16.030, 43.24.023. WSR 08-

22-029, § 308-20-572, filed 10/28/08, effective 2/1/09.]

308-20-575

WAC 308-20-575 School license renewal process. (1)

Each school license shall be renewed on a yearly basis. In

addition to the site inspection, the renewal request shall be

accompanied by:

(a) Certification of annual gross tuition and surety bond

in an amount equal to ten percent of the annual gross tuition,

but not less than ten thousand dollars or more than fifty thou-

sand dollars;

(b) Current copies of curriculum, catalogs, and bro-

chures;

(d) Updated school information on forms provided by

the department including the days and hours of operation of

the school; and

(e) Verification of current student/instructor ratio.

(2) Licenses must be renewed on or before the expiration

date. Failure to renew the license by the expiration date shall

result in a penalty.

(3) Failure to receive a notice of license renewal from the

department does not constitute cause for failure to renew.

[Statutory Authority: RCW 43.24.023 and 18.16.030. WSR 13-24-042, §

308-20-575, filed 11/26/13, effective 1/1/14. Statutory Authority: RCW

43.24.086 and 18.16.030. WSR 10-06-092, § 308-20-575, filed 3/2/10,

effective 4/2/10. Statutory Authority: RCW 18.16.030 and 43.24.023. WSR

03-14-046, § 308-20-575, filed 6/24/03, effective 7/25/03.]

2015 [Ch. 18.235— page 1]

Chapter 18.235

Chapter 18.235 RCW

18.235 UNIFORM REGULATION OF BUSINESS AND PROFESSIONS ACT

UNIFORM REGULATION OF

BUSINESS AND PROFESSIONS ACT

Sections

18.235.005 Intent.

18.235.010 Definitions.

18.235.020 Application of chapter—Director's authority—Disciplinary

authority.

18.235.030 Disciplinary authority—Powers.

18.235.040 Director's authority.

18.235.050 Statement of charges—Hearing.

18.235.060 Procedures governing adjudicative proceedings.

18.235.070 Previous denial, revocation, or suspension of license.

18.235.080 Orders.

18.235.090 Appeal.

18.235.100 Reinstatement.

18.235.110 Unprofessional conduct—Finding.

18.235.120 Payment of a fine.

18.235.130 Unprofessional conduct—Acts or conditions that constitute.

18.235.140 Final order issued under RCW 18.235.130—Failure to com-

ply.

18.235.150 Investigation of complaint—Cease and desist order/notice of

intent to issue—Final determination—Fine—Temporary

cease and desist order—Action/who may maintain—Reme-

dies not limited.

18.235.160 Violation of injunction—Contempt of court—Civil penalty.

18.235.170 Misrepresentation—Gross misdemeanor.

18.235.180 Crime or violation by license holder—Disciplinary authority

may give notification.

18.235.190 Immunity from suit.

18.235.200 Use of records—Exchange of information—Chapter does not

affect or limit.

18.235.210 Application of chapter—January 1, 2003.

18.235.900 Short title.

18.235.901 Effective date—2002 c 86 §§ 101-123.

18.235.902 Part headings not law—2002 c 86.

18.235.903 Severability—2002 c 86.

18.235.005

18.235.005 Intent.

18.235.005 Intent. It is the intent of the legislature to

consolidate disciplinary procedures for the licensed busi-

nesses and professions under the department of licensing by

providing a uniform disciplinary act with standardized proce-

dures for the regulation of businesses and professions and the

enforcement of laws, the purpose of which is to assure the

public of the adequacy of business and professional compe-

tence and conduct.

It is also the intent of the legislature that all businesses

and professions newly credentialed by the state and regulated

by the department of licensing come under this chapter.

[2007 c 256 § 10; 2002 c 86 § 101.]

18.235.010

18.235.010 Definitions.

18.235.010 Definitions. The definitions in this section

apply throughout this chapter unless the context clearly

requires otherwise.

(1) "Board" means those boards specified in RCW

18.235.020(2)(b).

(2) "Department" means the department of licensing.

(3) "Director" means the director of the department or

director's designee.

(4) "Disciplinary action" means sanctions identified in

RCW 18.235.110.

(5) "Disciplinary authority" means the director, board, or

commission having the authority to take disciplinary action

against a holder of, or applicant for, a professional or busi-

ness license upon a finding of a violation of this chapter or a

chapter specified under RCW 18.235.020.

(6) "License," "licensing," and "licensure" are deemed

equivalent to the terms "license," "licensing," "licensure,"

"certificate," "certification," and "registration" as those terms

are defined in RCW 18.118.020. Each of these terms, and the

term "appointment" under chapter 42.44 RCW, are inter-

changeable under the provisions of this chapter.

(7) "Unlicensed practice" means:

(a) Practicing a profession or operating a business iden-

tified in RCW 18.235.020 without holding a valid, unexpired,

unrevoked, and unsuspended license to do so; or

(b) Representing to a person, through offerings, adver-

tisements, or use of a professional title or designation, that the

individual or business is qualified to practice a profession or

operate a business identified in RCW 18.235.020 without

holding a valid, unexpired, unrevoked, and unsuspended

license to do so. [2007 c 256 § 11; 2002 c 86 § 102.]

18.235.020

18.235.020 Application of chapter—Director's authority—Disciplinary authority.

18.235.020 Application of chapter—Director's

authority—Disciplinary authority. (1) This chapter

applies only to the director and the boards and commissions

having jurisdiction in relation to the businesses and profes-

sions licensed under the chapters specified in this section.

This chapter does not apply to any business or profession not

licensed under the chapters specified in this section.

(2)(a) The director has authority under this chapter in

relation to the following businesses and professions:

(i) Auctioneers under chapter 18.11 RCW;

(ii) Bail bond agents and bail bond recovery agents under

chapter 18.185 RCW;

(iii) Camping resorts' operators and salespersons under

chapter 19.105 RCW;

(iv) Commercial telephone solicitors under chapter

19.158 RCW;

(v) Cosmetologists, barbers, manicurists, and estheti-

cians under chapter 18.16 RCW;

(vi) Court reporters under chapter 18.145 RCW;

(vii) Driver training schools and instructors under chap-

ter 46.82 RCW;

(viii) Employment agencies under chapter 19.31 RCW;

(ix) For hire vehicle operators under chapter 46.72

RCW;

(x) Limousines under chapter 46.72A RCW;

(xi) Notaries public under chapter 42.44 RCW;

(xii) Private investigators under chapter 18.165 RCW;

(xiii) Professional boxing, martial arts, and wrestling

under chapter 67.08 RCW;

(xiv) Real estate appraisers under chapter 18.140 RCW;

(xv) Real estate brokers and salespersons under chapters

18.85 and 18.86 RCW;

18.235.030 Uniform Regulation of Business and Professions Act

[Ch. 18.235— page 2] 2015

(xvi) Scrap metal processors, scrap metal recyclers, and

scrap metal suppliers under chapter 19.290 RCW;

(xvii) Security guards under chapter 18.170 RCW;

(xviii) Sellers of travel under chapter 19.138 RCW;

(xix) Timeshares and timeshare salespersons under

chapter 64.36 RCW;

(xx) Whitewater river outfitters under chapter 79A.60

RCW;

(xxi) Home inspectors under chapter 18.280 RCW;

(xxii) Body artists, body piercers, and tattoo artists, and

body art, body piercing, and tattooing shops and businesses,

under chapter 18.300 RCW; and

(xxiii) Appraisal management companies under chapter

18.310 RCW.

(b) The boards and commissions having authority under

this chapter are as follows:

(i) The state board for architects established in chapter

18.08 RCW;

(ii) The Washington state collection agency board estab-

lished in chapter 19.16 RCW;

(iii) The state board of registration for professional engi-

neers and land surveyors established in chapter 18.43 RCW

governing licenses issued under chapters 18.43 and 18.210

RCW;

(iv) The funeral and cemetery board established in chap-

ter 18.39 RCW governing licenses issued under chapters

18.39 and 68.05 RCW;

(v) The state board of licensure for landscape architects

established in chapter 18.96 RCW; and

(vi) The state geologist licensing board established in

chapter 18.220 RCW.

(3) In addition to the authority to discipline license hold-

ers, the disciplinary authority may grant or deny licenses

based on the conditions and criteria established in this chap-

ter and the chapters specified in subsection (2) of this section.

This chapter also governs any investigation, hearing, or pro-

ceeding relating to denial of licensure or issuance of a license

conditioned on the applicant's compliance with an order

entered under RCW 18.235.110 by the disciplinary authority.

[2013 c 322 § 29; 2010 c 179 § 18. Prior: 2009 c 412 § 22;

2009 c 370 § 20; 2009 c 102 § 5; 2008 c 119 § 21; 2007 c 256

§ 12; 2006 c 219 § 13; 2002 c 86 § 103.]

Severability—Effective date—2010 c 179: See RCW 18.310.900 and

18.310.901.

Short title—Implementation—2009 c 412: See RCW 18.300.900 and

18.300.902.

Effective date—2009 c 370 §§ 1-16, 18, 20, and 21: See note following

RCW 18.96.010.

Finding—2009 c 370: See note following RCW 18.96.010.

Funeral directors and embalmers account and cemetery account

abolished, moneys transferred to funeral and cemetery account—2009 c

102: See note following RCW 18.39.810.

Effective date—2006 c 219: See note following RCW 46.82.285.

18.235.030

18.235.030 Disc iplinary authority—Powe rs.

18.235.030 Disciplinary authority—Powers. The dis-

ciplinary authority has the power to:

(1) Adopt, amend, and rescind rules as necessary to carry

out the purposes of this chapter, including, but not limited to,

rules regarding standards of professional conduct and prac-

tice;

(2) Investigate complaints or reports of unprofessional

conduct and hold hearings as provided in this chapter;

(3) Issue subpoenas and administer oaths in connection

with any investigation, hearing, or proceeding held under this

chapter;

(4) Take or cause depositions to be taken and use other

discovery procedures as needed in an investigation, hearing,

or proceeding held under this chapter;

(5) Compel attendance of witnesses at hearings;

(6) Conduct practice reviews in the course of investigat-

ing a complaint or report of unprofessional conduct, unless

the disciplinary authority is authorized to audit or inspect

applicants or licensees under the chapters specified in RCW

18.235.020;

(7) Take emergency action ordering summary suspen-

sion of a license, or restriction or limitation of the licensee's

practice or business pending proceedings by the disciplinary

authority;

(8) Appoint a presiding officer or authorize the office of

administrative hearings, as provided in chapter 34.12 RCW,

to conduct hearings. The disciplinary authority may make the

final decision regarding disposition of the license unless the

disciplinary authority elects to delegate, in writing, the final

decision to the presiding officer;

(9) Use individual members of the boards and commis-

sions to direct investigations. However, the member of the

board or commission may not subsequently participate in the

hearing of the case;

(10) Enter into contracts for professional services deter-

mined to be necessary for adequate enforcement of this chap-

ter;

(11) Grant or deny license applications, secure the return

of a license obtained through the mistake or inadvertence of

the department or the disciplinary authority after providing

the person so licensed with an opportunity for an adjudicative

proceeding, and, in the event of a finding of unprofessional

conduct by an applicant or license holder, impose any sanc-

tion against a license applicant or license holder provided by

this chapter;

(12) Designate individuals authorized to sign subpoenas

and statements of charges;

(13) Establish panels consisting of three or more mem-

bers of the board or commission to perform any duty or

authority within the board's or commission's jurisdiction

under this chapter; and

(14) Contract with licensees, registrants, endorsement or

permit holders, or any other persons or organizations to pro-

vide services necessary for the monitoring or supervision of

licensees, registrants, or endorsement or permit holders who

are placed on probation, whose professional or business

activities are restricted, or who are for an authorized purpose

subject to monitoring by the disciplinary authority. If the sub-

ject licensee, registrant, or endorsement or permit holders

may only practice or operate a business under the supervision

of another licensee, registrant, or endorsement or permit

holder under the terms of the law regulating that occupation

or business, the supervising licensee, registrant, or endorse-

ment or permit holder must consent to the monitoring or

supervision under this subsection, unless the supervising

licensee, registrant, or endorsement or permit holder is, at the

time, the subject of a disciplinary order. [2002 c 86 § 104.]

Uniform Regulation of Business and Professions Act 18.235.110

2015 [Ch. 18.235— page 3]

18.235.040

18.235.040 Director's authority.

18.235.040 Director's authority. The director has the

following additional authority:

(1) To employ investigative, administrative, and clerical

staff as necessary for the enforcement of this chapter, except

as provided otherwise by statute;

(2) Upon request of a board or commission, to appoint

not more than three pro tem members as provided in this sub-

section. Individuals appointed as pro tem members of a board

or commission must meet the same minimum qualifications

as regular members of the board or commission. While serv-

ing as a pro tem board or commission member, a person so

appointed has all the powers, duties, and immunities, and is

entitled to the entitlements, including travel expenses in

accordance with RCW 43.03.050 and 43.03.060, of a regular

member of the board or commission; and

(3) To establish fees to be paid for witnesses, expert wit-

nesses, and consultants used in any investigation or adjudica-

tive proceedings as authorized by RCW 34.05.446. [2007 c

256 § 13; 2002 c 86 § 105.]

18.235.050

18.235.050 Statement of charges—Hearing.

18.235.050 Statement of charges—Hearing. (1) If the

disciplinary authority determines, upon investigation, that

there is reason to believe that a license holder or applicant for

a license has violated RCW 18.235.130 or has not met a min-

imum eligibility criteria for licensure, the disciplinary author-

ity may prepare and serve the license holder or applicant a

statement of charge, charges, or intent to deny. A notice that

the license holder or applicant may request a hearing to con-

test the charge, charges, or intent to deny must accompany

the statement. The license holder or applicant must file a

request for a hearing with the disciplinary authority within

twenty days after being served the statement of charges or

statement of intent to deny. The failure to request a hearing

constitutes a default, whereupon the disciplinary authority

may enter a decision on the facts available to it.

(2) If a license holder or applicant for a license requests

a hearing, the disciplinary authority must fix the time of the

hearing as soon as convenient, but not earlier than thirty days

after the service of charge, charges, or intent to deny. The dis-

ciplinary authority may hold a hearing sooner than thirty days

only if the disciplinary authority has issued a summary sus-

pension or summary restriction. [2007 c 256 § 14; 2002 c 86

§ 106.]

18.235.060

18.235.060 Procedures governing adjudicative proceedings.

18.235.060 Procedures governing adjudicative pro-

ceedings. The procedures governing adjudicative proceed-

ings before agencies under chapter 34.05 RCW, the adminis-

trative procedure act, govern all hearings before the disciplin-

ary authority. The disciplinary authority has, in addition to

the powers and duties set forth in this chapter, all of the pow-

ers and duties under chapter 34.05 RCW, which include,

without limitation, all powers relating to the administration

of oaths, the receipt of evidence, the issuance and enforcing

of subpoenas, and the taking of depositions. [2002 c 86 §

107.]

18.235.070

18.235.070 Previous denial, revocation, or suspension of license.

18.235.070 Previous denial, revocation, or suspen-

sion of license. The department shall not issue a license to

any person whose license has been previously denied,

revoked, or suspended by the disciplinary authority for that

profession or business, except in conformity with the terms

and conditions of the certificate or order of denial, revoca-

tion, or suspension, or in conformity with any order of rein-

statement issued by the disciplinary authority, or in accor-

dance with the final judgment in any proceeding for review

instituted under this chapter. [2002 c 86 § 108.]

18.235.080

18.235.080 Orders.

18.235.080 Orders. An order pursuant to proceedings

authorized by this chapter, after due notice and findings in

accordance with this chapter and chapter 34.05 RCW, or an

order of summary suspension entered under this chapter,

takes effect immediately upon its being served. The final

order, if appealed to the court, may not be stayed pending the

appeal unless the disciplinary authority or court to which the

appeal is taken enters an order staying the order of the disci-

plinary authority, which stay shall provide for terms neces-

sary to protect the public. [2007 c 256 § 15; 2002 c 86 § 109.]

18.235.090

18.235.090 Appeal.

18.235.090 Appeal. A person who has been disciplined

or has been denied a license by a disciplinary authority may

appeal the decision as provided in chapter 34.05 RCW.

[2007 c 256 § 16; 2002 c 86 § 110.]

18.235.100

18.235.100 Reinstatement.

18.235.100 Reinstatement. A person whose license

has been suspended or revoked under this chapter may peti-

tion the disciplinary authority for reinstatement after an inter-

val of time and upon conditions determined by the disciplin-

ary authority in the order suspending or revoking the license.

The disciplinary authority shall act on the petition in accor-

dance with the adjudicative proceedings provided under

chapter 34.05 RCW and may impose such conditions as

authorized by RCW 18.235.110. The disciplinary authority

may require successful completion of an examination as a

condition of reinstatement. [2007 c 256 § 17; 2002 c 86 §

111.]

18.235.110

18.235.110 Unprofessional conduct—Finding.

18.235.110 Unprofessional conduct—Finding. (1)

Upon finding unprofessional conduct, the disciplinary

authority may issue an order providing for one or any combi-

nation of the following:

(a) Revocation of the license for an interval of time;

(b) Suspension of the license for a fixed or indefinite

term;

(d) Satisfactory completion of a specific program of

remedial education or treatment;

(e) Monitoring of the practice in a manner directed by

the disciplinary authority;

(f) Censure or reprimand;

(g) Compliance with conditions of probation for a desig-

nated period of time;

(h) Payment of a fine for each violation found by the dis-

ciplinary authority, not to exceed five thousand dollars per

violation. The disciplinary authority must consider aggravat-

ing or mitigating circumstances in assessing any fine. Funds

received must be deposited in the related program account;

(i) Denial of an initial or renewal license application for

an interval of time; or

(j) Other corrective action.

(2) The disciplinary authority may require reimburse-

ment to the disciplinary authority for the investigative costs

incurred in investigating the matter that resulted in issuance

18.235.120 Uniform Regulation of Business and Professions Act

[Ch. 18.235— page 4] 2015

of an order under this section, but only if any of the sanctions

in subsection (1)(a) through (j) of this section is ordered.

(3) Any of the actions under this section may be totally

or partly stayed by the disciplinary authority. In determining

what action is appropriate, the disciplinary authority must

first consider what sanctions are necessary to protect the pub-

lic health, safety, or welfare. Only after these provisions have

been made may the disciplinary authority consider and

include in the order requirements designed to rehabilitate the

license holder or applicant. All costs associated with compli-

ance with orders issued under this section are the obligation

of the license holder or applicant.

(4) The licensee or applicant may enter into a stipulated

disposition of charges that includes one or more of the sanc-

tions of this section, but only after a statement of charges has

been issued and the licensee has been afforded the opportu-

nity for a hearing and has elected on the record to forego such

a hearing. The stipulation shall either contain one or more

specific findings of unprofessional conduct or a statement by

the licensee acknowledging that evidence is sufficient to jus-

tify one or more specified findings of unprofessional conduct.

The stipulations entered into under this subsection are con-

sidered formal disciplinary action for all purposes. [2007 c

256 § 18; 2002 c 86 § 112.]

18.235.120

18.235.120 Payment of a fine.

18.235.120 Payment of a fine. Where payment of a

fine is required as a result of a disciplinary action under RCW

18.235.060 or 18.235.150 and timely payment is not made as

directed in the final order, the disciplinary authority may

enforce the order for payment in the superior court in the

county in which the hearing was held. This right of enforce-

ment is in addition to any other rights the disciplinary author-

ity may have as to any licensee ordered to pay a fine but may

not be construed to limit a licensee's ability to seek judicial

review under RCW 18.235.090. In any action for enforce-

ment of an order of payment of a fine, the disciplinary author-

ity's order is conclusive proof of the validity of the order of a

fine and the terms of payment. [2002 c 86 § 113.]

18.235.130

18.235.130 Unprofessional conduct—Acts or conditions that constitute.

18.235.130 Unprofessional conduct—Acts or condi-

tions that constitute. The following conduct, acts, or condi-

tions constitute unprofessional conduct for any license holder

or applicant under the jurisdiction of this chapter:

(1) The commission of any act involving moral turpi-

tude, dishonesty, or corruption relating to the practice of the

person's profession or operation of the person's business,

whether the act constitutes a crime or not. At the disciplinary

hearing a certified copy of a final holding of any court of

competent jurisdiction is conclusive evidence of the conduct

of the license holder or applicant upon which a conviction or

the final holding is based. Upon a conviction, however, the

judgment and sentence is conclusive evidence at the ensuing

disciplinary hearing of the guilt of the license holder or appli-

cant of the crime described in the indictment or information,

and of the person's violation of the statute on which it is

based. For the purposes of this subsection, conviction

includes all instances in which a plea of guilty or nolo conten-

dere is the basis for the conviction and all proceedings in

which the sentence has been deferred or suspended. Except as

specifically provided by law, nothing in this subsection abro-

gates the provisions of chapter 9.96A RCW. However, RCW

9.96A.020 does not apply to a person who is required to reg-

ister as a sex offender under RCW 9A.44.130;

(2) Misrepresentation or concealment of a material fact

in obtaining or renewing a license or in reinstatement thereof;

(3) Advertising that is false, deceptive, or misleading;

(4) Incompetence, negligence, or malpractice that results

in harm or damage to another or that creates an unreasonable

risk of harm or damage to another;

(5) The suspension, revocation, or restriction of a license

to engage in any business or profession by competent author-

ity in any state, federal, or foreign jurisdiction. A certified

copy of the order, stipulation, or agreement is conclusive evi-

dence of the revocation, suspension, or restriction;

(6) Failure to cooperate with the disciplinary authority in

the course of an investigation, audit, or inspection authorized

by law by:

(a) Not furnishing any papers or documents requested by

the disciplinary authority;

(b) Not furnishing in writing an explanation covering the

matter contained in a complaint when requested by the disci-

plinary authority;

ary authority, whether or not the recipient of the subpoena is

the accused in the proceeding; or

(d) Not providing authorized access, during regular busi-

ness hours, to representatives of the disciplinary authority

conducting an investigation, inspection, or audit at facilities

utilized by the license holder or applicant;

(7) Failure to comply with an order issued by the disci-

plinary authority;

(8) Violating any of the provisions of this chapter or the

chapters specified in RCW 18.235.020(2) or any rules made

by the disciplinary authority under the chapters specified in

RCW 18.235.020(2);

(9) Aiding or abetting an unlicensed person to practice or

operate a business or profession when a license is required;

(10) Practice or operation of a business or profession

beyond the scope of practice or operation as defined by law

or rule;

(11) Misrepresentation in any aspect of the conduct of

the business or profession;

(12) Failure to adequately supervise or oversee auxiliary

staff, whether employees or contractors, to the extent that

consumers may be harmed or damaged;

(13) Conviction of any gross misdemeanor or felony

relating to the practice of the person's profession or operation

of the person's business. For the purposes of this subsection,

conviction includes all instances in which a plea of guilty or

nolo contendere is the basis for conviction and all proceed-

ings in which the sentence has been deferred or suspended.

Except as specifically provided by law, nothing in this sub-

section abrogates the provisions of chapter 9.96A RCW.

However, RCW 9.96A.020 does not apply to a person who is

required to register as a sex offender under RCW 9A.44.130;

(14) Interference with an investigation or disciplinary

action by willful misrepresentation of facts before the disci-

plinary authority or its authorized representatives, or by the

use of threats or harassment against any consumer or witness

to discourage them from providing evidence in a disciplinary

action or any other legal action, or by the use of financial

inducements to any consumer or witness to prevent or

Uniform Regulation of Business and Professions Act 18.235.160

2015 [Ch. 18.235— page 5]

attempt to prevent him or her from providing evidence in a

disciplinary action; and

(15) Engaging in unlicensed practice as defined in RCW

18.235.010. [2007 c 256 § 19; 2002 c 86 § 114.]

18.235.140

18.235.140 Final order issued under RCW 18.235.130—Failure to comply.

18.235.140 Final order issued under RCW

18.235.130—Failure to comply. If a person or business reg-

ulated by this chapter violates or fails to comply with a final

order issued under RCW 18.235.130, the attorney general,

any prosecuting attorney, the director, the board or commis-

sion, or any other person may maintain an action in the name

of the state of Washington to enjoin the person from violating

the order or failing to comply with the order. The injunction

does not relieve the offender from criminal prosecution, but

the remedy by injunction is in addition to the liability of the

offender to criminal prosecution and disciplinary action.

[2002 c 86 § 115.]

18.235.150

18.235.150 Investigation of complaint—Cease and desist order/notice of intent to issue—Final determination—Fine—Temporary cease and desist ord er—Action/who may maintai n—Remedies not limited .

18.235.150 Investigation of complaint—Cease and

desist order/notice of intent to issue—Final determina-

tion—Fine—Temporary cease and desist order—

Action/who may maintain—Remedies not limited. (1)

The disciplinary authority may investigate complaints con-

cerning practice by unlicensed persons of a profession or

business for which a license is required by the chapters spec-

ified in RCW 18.235.020. In the investigation of the com-

plaints, the director has the same authority as provided the

disciplinary authority under RCW 18.235.030.

(2) The disciplinary authority may issue a notice of

intent to issue a cease and desist order to any person whom

the disciplinary authority has reason to believe is engaged or

is about to engage in the unlicensed practice of a profession

or operation of a business for which a license is required by

the chapters specified in RCW 18.235.020.

(3) The disciplinary authority may issue a notice of

intent to issue a cease and desist order to any person whom

the disciplinary authority has reason to believe is engaged or

is about to engage in an act or practice constituting a violation

of this chapter or the chapters specified in RCW

18.235.020(2) or a rule adopted or order issued under those

chapters.

(4) The person to whom such a notice is issued may

request an adjudicative proceeding to contest the allegations.

The notice shall include a brief, plain statement of the alleged

unlicensed activities, act, or practice constituting a violation

of this chapter or the chapters specified in RCW

18.235.020(2) or a rule adopted or order issued under those

chapters. The request for hearing must be filed within twenty

days after service of the notice of intent to issue a cease and

desist order. The failure to request a hearing constitutes a

default, whereupon the disciplinary authority may enter a

permanent cease and desist order, which may include a civil

fine. All proceedings shall be conducted in accordance with

chapter 34.05 RCW.

(5) If the disciplinary authority makes a final determina-

tion that a person has engaged or is engaging in unlicensed

practice or other act or practice constituting a violation of this

chapter or the chapters specified in RCW 18.235.020(2) or a

rule adopted or order issued under those chapters, the disci-

plinary authority may issue a permanent cease and desist

order. In addition, the disciplinary authority may impose a

civil fine in an amount not exceeding one thousand dollars for

each day upon which the person engaged in the unlicensed

practice of a profession or operation of a business for which a

license is required by one or more of the chapters specified in

RCW 18.235.020. The proceeds of such a fine shall be depos-

ited in the related program account.

(6) The disciplinary authority may issue a temporary

cease and desist order if a person is engaged or is about to

engage in unlicensed practice or other act or practice consti-

tuting a violation of this chapter or the chapters specified in

RCW 18.235.020(2) or a rule adopted or order issued under

those chapters if the disciplinary authority makes a written

finding of fact that the public interest will be irreparably

harmed by delay in issuing an order. The person receiving a

temporary cease and desist order shall be provided an oppor-

tunity for a prompt hearing. A temporary cease and desist

order shall remain in effect until further order of the disciplin-

ary authority. The failure to request a prompt or regularly

scheduled hearing constitutes a default, whereupon the disci-

plinary authority may enter a permanent cease and desist

order, which may include a civil fine.

(7) The cease and desist order is conclusive proof of

unlicensed practice or other act or practice constituting a vio-

lation of this chapter or the chapters specified in RCW

18.235.020(2) or a rule adopted or order issued under those

chapters and may be enforced under RCW 7.21.060. This

method of enforcement of the cease and desist order or civil

fine may be used in addition to, or as an alternative to, any

provisions for enforcement of agency orders set out in chap-

ter 34.05 RCW.

(8) The attorney general, a county prosecuting attorney,

the director, a board or commission, or any person may, in

accordance with the laws of this state governing injunctions,

maintain an action in the name of the state of Washington to

enjoin any person practicing a profession or business without

a license for which a license is required by the chapters spec-

ified in RCW 18.235.020. All fees, fines, forfeitures, and

penalties collected or assessed by a court because of a viola-

tion of this section shall be deposited in the related program

account.

(9) The civil remedies in this section do not limit the

ability to pursue criminal prosecution as authorized in any of

the acts specified in RCW 18.235.020 nor do the civil reme-

dies limit any criminal sanctions. [2007 c 256 § 20; 2002 c 86

§ 116.]

18.235.160

18.235.160 Violation of injunction—Contempt of court—Civil penalty.

18.235.160 Violation of injunction—Contempt of

court—Civil penalty. A person or business that violates an

injunction issued under this chapter may be found in con-

tempt of court under RCW 7.21.010. Upon a finding by a

court of competent jurisdiction that the person or business is

in contempt, the court may order any remedial sanction as

authorized by RCW 7.21.030. Further, the court may, in addi-

tion to the remedial sanctions available under RCW 7.21.030,

order the person or business to pay a civil penalty to the state

in an amount not to exceed twenty-five thousand dollars,

which shall be deposited in the related program account. For

the purposes of this section, the superior court issuing any

injunction retains jurisdiction and the cause shall be contin-

ued, and in such cases the attorney general acting in the name

18.235.170 Uniform Regulation of Business and Professions Act

[Ch. 18.235— page 6] 2015

of the state may petition for the recovery of civil penalties.

[2002 c 86 § 117.]

18.235.170

18.235.170 Misrepresentation—Gross misdemeanor.

A person who attempts to obtain, obtains, or attempts to

maintain a license by willful misrepresentation or fraudulent

representation is guilty of a gross misdemeanor. [2002 c 86 §

118.]

18.235.180

18.235.180 Cri me or violation by license holder—Disciplinary autho rity may give notification.

18.235.180 Crime or violation by license holder—

Disciplinary authority may give notification. If the disci-

plinary authority has reason to believe that a license holder

has committed a crime, or violated the laws of another regu-

latory body, the disciplinary authority may notify the attorney

general or the county prosecuting attorney in the county in

which the act took place, or other responsible official of the

facts known to the disciplinary authority. [2002 c 86 § 119.]

18.235.190

18.235.190 Immunity from suit.

18.235.190 Immunity from suit. The director, mem-

bers of the boards or commissions, or individuals acting on

their behalf are immune from suit in any action, civil or crim-

inal, based on any disciplinary actions or other official acts

performed in the course of their duties. [2002 c 86 § 120.]

18.235.200

18.235.200 Use of records—Exchange of information—Chapter does not affect or limit.

18.235.200 Use of records—Exchange of informa-

tion—Chapter does not affect or limit. This chapter does

not affect the use of records, obtained from the director or the

disciplinary authorities, in any existing investigation or

action by any public agency. Nor does this chapter limit any

existing exchange of information between the director or the

disciplinary authorities and other public agencies. [2002 c 86

§ 121.]

18.235.210

18.235.210 Application of chapter—January 1, 2003.

(1) This chapter applies to any conduct, acts, or conditions

occurring on or after January 1, 2003.

(2) This chapter does not apply to or govern the con-

struction of and disciplinary action for any conduct, acts, or

conditions occurring prior to January 1, 2003. The conduct,

acts, or conditions must be construed and disciplinary action

taken according to the provisions of law existing at the time

of the occurrence in the same manner as if this chapter had

not been enacted.

(3) Notwithstanding subsection (2) of this section, this

chapter applies to applications for licensure made on or after

January 1, 2003. [2007 c 256 § 21; 2002 c 86 § 122.]

18.235.900

18.235.900 S hort title.

18.235.900 Short title. This chapter may be known and

cited as the uniform regulation of business and professions

act. [2002 c 86 § 123.]

18.235.901

18.235.901 Effective date—2002 c 86 §§ 101-123.

Sections 101 through 123 of this act take effect January 1,

2003. [2002 c 86 § 124.]

18.235.902

18.235.902 Part headings not law—2002 c 86.

18.235.902 Part headings not law—2002 c 86. Part

headings used in this act are not any part of the law. [2002 c

86 § 402.]

18.235.903

18.235.903 S everabi lity—2002 c 86.

18.235.903 Severability—2002 c 86. If any provision

of this act or its application to any person or circumstance is

held invalid, the remainder of the act or the application of the

provision to other persons or circumstances is not affected.

[2002 c 86 § 404.]