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Board of Cosmetologists Minutes April 7, 2008

A meeting of the State Board of Cosmetologists was held on Monday, April 7, 2008 in the 2nd floor conference room, the Shilling Building, 500 N. Calvert Street, Baltimore Maryland 21202. The following members were in attendance:

Ms. Marie Wallace, Consumer Member (Chairperson)

Ms. Patricia Cougnet, Industry Member

Ms. Ellen Trujillo, Industry Member

Ms. Carmel Owens, Industry Member

Ms. Maxine Sisserman, School Owner Member

Not in attendance:

Ms. Carolyn McCoy, Consumer Member

Mr. Phillip Mazza, Industry Member

Also in attendance:

Mr. Bruce Spizler, Senior Assistant Attorney General

Mr. Brian Logan, Acting Administrator

Ms. Karen Riley, Administrative Officer

Ms. Kecha Dunn, Board Secretary

Meeting was called to order

The meeting was called to order by the Chairperson at 9:35 a.m.

Approval of Agenda

A motion was made by Ms. Sisserman to approve the agenda with 2 additional items being added and 2 items being removed. The motion was seconded by Ms. Cougnet; and the Board voted unanimously to approve the agenda as amended.

Welcome – New Commissioner

The Board welcomed Stanley Botts, Commissioner and Harry Loleas, Deputy Commissioner of the Division of Occupational and Professional Licensing, Department of Labor, Licensing & Regulations (DLLR). Mr. Botts advised the Board that interviews will be held on Wednesday April 9th for the Executive Director position of the Board of Cosmetologists and the Board of Barbers.

Mr. Botts advised the Board that the Citation Bill program is being processed. Mr. Daniel Parr, Executive Director of the Design Boards, will be assisting in implementing the design of the program. Mr. Botts also thanked the Board for its services.

Mr. Loleas advised the Board that Senate Bill 144, which deregulates Make-Up Artistry, has passed both the House and the Senate and, upon the Governor signing it into law, will become effective October 1st 2008. Mr. Loleas and staff will be notifying all licensees and schools making them aware of the change.

Informal Conference- COSM080139 Sapphire Nails

An informal conference was scheduled for the owner of Sapphire Nails in regard to a complaint. The owner, who was invited to attend, contacted the Board staff to advise of an inability to appear. The Board requested that the staff send the owner a letter to advise that the conference will be postponed until the next Board meeting.

Formal Hearing- COSM080164 Kristies

A formal hearing was scheduled for the owner of Krities in regard to a complaint. Acting Administrator Brian Logan advised the Board that the owner had previously contacted the Board staff to request a postponement. After the owner submitted satisfactory proof that the reason for the request was sufficient, the postponement was granted by the Acting Administrator.

NIC Bulletin

The Board expressed concerns regarding the March edition of the NIC Bulletin. In the Bulletin it was stated that a National Exam Committee member (NEC) may visit the test site to observe the examination process. Ms. Marie Wallace, Chair, was concerned, as she does not want anyone interrupting an examinee during the examination. Mr. Loleas explained that NIC has their own type of examination, and this Board is a member of the NIC but does not administer the National exam. The visiting of a NEC member may only be for States who use the NIC exam which Maryland no longer uses. NIC may also be looking to make sure their exams meet the requirement of other States and to ensure consistency. Mr. Brian Logan, Acting Administrator, will contact the NIC representative to see whether or not a representative from NEC will be visiting Maryland.

Mr. Loleas advised the Board that the decision of allowing a NEC representative to observe how a test is administered ultimately will be the Board’s decision.

Limited & Full Service Salon Permit

Industry Board Member Ms. Ellen Trujillo led a discussion as to whether a Cosmetologist can work in a salon that holds a limited practice salon permit. Bruce Spizler, Senior Assistant Attorney General Office, explained that Bus. Occ. & Prof. Art., §5-501, Annot. Code of Md., clearly states the limited type of practice permitted in a limited practice salon.; however, considering that a licensed cosmetologist is authorized to practice any of the limited practices of cosmetology, a licensed cosmetologist may practice the limited practice of cosmetology authorized to be practiced in the limited practice salon. A possible amendment in regulations may be needed in order to further define the specific permit type needed for a limited practice salon and may further clarify §5-501. This discussion was tabled for the next Board meeting.

Response from Prometric

Stacey Lawson, a representative with the testing company, Prometric, appeared before the Board to address the Board’s concerns regarding information placed in the Candidate Information Bulletin. (CIB).

Ms. Lawson addressed all of the Board’s concerns to their satisfaction, and will take a more detailed look into issues such as making sure candidates get exam results more quickly, and also adding to the CIB the list of what supplies are needed to do a mock waxing.

Ms. Maxine Sisserman had a concern of some with students being tested and the rater rushing the exam to leave early at the Woodlawn test site. Ms. Lawson advised she was unaware of any specific instances but stated that she would look into this issue and notify the Board of her findings. Ms. Lawson also stated that 'head raters" are present to ensure consistency in the testing.

Ms. Lawson advised the Board that, beginning May 1, 2008, testing will begin at a site in Bethesda, and that the test site in Alexandria will be closed. Practical and Theory exams may be given on the same day, and there will more flexibility regarding the availability of test dates. April 24, 2008 is the last test date for the Alexandria site. Schools will be notified, and this information will be placed on the Internet.

Ms. Lawson stated that she has been approached by an entity in South Korea that is willing to translate the Milady’s book into the Korean language. Ms. Lawson asked the Board if an individual who takes a test in the Korean language be allowed to receive a license in the State of Maryland. The Board advised Ms. Lawson that the test is only administered in English and, as a result, the individual would not qualify for a license.

Ms. Lawson advised that she will send a follow up response via email to Mr. Logan in regard to the Board’s concerns.

License by Endorsement

Industry member, Ellen Trujillo proposed a repeal of the law providing for a waiver of the examination requirement in light of recent events where a number of individuals submitted fraudulent documents to the Board in an attempt to secure a cosmetology license without having to take the Board's examination. Ms. Trujillo suggested that the Board require everyone wishing to become licensed in Maryland to take the exam even though they may hold a current license in another state. Ms. Trujillo also suggested that the Board should consider fingerprinting candidates in order to ensure the correct person is taking the exam.

Mr. Spizler explained that the waiver of examination requirement enables a person, who is licensed in another State, after having satisfied the same requirements (or greater) that are required in Maryland, to be license in this State. Arguably, to discourage an otherwise qualified cosmetologist from practicing in Maryland would be unjust and would be detrimental to the State's economy.

In regard to the second issue, Mr. Logan noted that the testing company did propose, at one time, a fingerprint scanner that would identify the candidate upon first entering the exam and would be used to ensure that same person was the one returning should they take a break. Mr. Logan also advised the Board that the RFP could possibly be amended to add fingerprinting of all testing candidates.

After a lengthy discussion, the Board voted not to seek an elimination of the statutory waiver of the examination provision. Ms. Trujillo will research and bring back for future discussion information toward ensuring proper security measures to prevent identity fraud.

Online Cosmetology CEU’s

The Board received a proposal from Mid-American Control Corporation which requested the Board to consider licensees being able to obtain CEU’s and/or to allow the candidate to take the examination through the Internet.

After discussion, the Board, noting that there are no CEU requirements for cosmetologists, decided to refer the inquiry to the Maryland Higher Education Commission (MHEC) for their review.

License Discussion

Inspector Kenneth Williams raised two concerns with the Board: (1) which license (wallet sized or full sized) should be posted at a licensee’s work station; and (2) does an inspector have the authority to inspect a physician’s office or Medi-Spa which is not a licensed beauty salon.

Mr. Williams explained that, during inspections of salons, he has noticed that a number of licensees have the wallet size license posted. Inspector Williams suggested that the Board direct that the wallet size license be imprinted with the words “Not for Display.” This could assist in eliminating the possibility of someone working on another person’s license.

Mr. Spizler advised that, currently, the applicable regulation does not specify which license (wallet sized or full sized) is to be displayed; however, an amendment to the regulation can be promulgated to specify which license is to be posted. Mr. Logan will research to see if the Administration would allow a statement on the wallet sized license. If it is found that a stamp can not be placed the wallet sized license, then the Board will consider amending the regulation to specify that only the full sized license is to be posted.

Inspector Williams also stated that Medi-Spas are difficult to inspect because inspectors are not allowed in certain rooms. The Board advised that it did not have jurisdiction to inspect a facility if it is not a beauty salon, however a person can practice beautification services in certain, specified places, such as "medi-spa," other than a beauty salon; provided the cosmetologist is sponsored by a salon.

Update – COSM070076 – Diane Moore

Case Number COSM070076 Diane Moore was a formal hearing before the Board on January 7, 2008. Staff reported to the Board that Ms. Moore has failed to comply with the order of the Board in regard to the payment of the fine and, perhaps, in practicing cosmetology during the suspension of her license. The Board directed an inspection of Ms. Moore’s last place of employment, and that a letter be sent to Ms. Moore reminding her that her license is to remain suspended until the fine is paid according to the direction of the Order.

Update – Locks of Love inquiry

At the March 3, 2008 Board meeting, the Board received an inquiry from Ms. Jessica Hanes. Ms. Hanes is licensed in West Virginia and wants to participate in a charity campaign to cut hair and donate the proceeds to cancer patients in Maryland. She advised that she would not be compensated for her services at the event. Ms. Haines inquired if she could obtain a temporary license, and was advised that Maryland does not issue a temporary license

The Board decided at last month’s meeting that, considering Ms. Hanes was not being compensated for her services, she would not need a license.

Industry member Carmel Owens researched the company further. She advised that she and had a concern with public safety of patrons whose hair was being cut by an unlicensed person. Mr. Spizler advised that, unless the stylists are being compensated, the Board does not have jurisdiction. If someone gets hurt, a civil action would be the only recourse.

Apprentice Restart

Mrs. Kecha Dunn, Board Secretary, received an inquiry from Ms. Marilyn Paige who wants to restart the Beauty Culture Apprentice Program.

After the Board reviewed Ms. Paige’s history, a motion was made by Ms. Cougnet and seconded by Ms. Owens, to send a letter to Ms. Paige advising her that she may restart the program after 6 months of the expiration date of her apprentice license, and that she would surrender the 13 months received previously. The Board also noted that, as an alternative to apprenticeship training, Ms. Paige could attend a Board-approved Cosmetology school. The Board voted unanimously to approve the motion and directed that a letter be sent to Ms. Paige.

Formal Hearings – COSM060006 & COSM060041 – Estique Skin Care Clinic/Day Spa – Sharessa Boardley

A formal hearing was conducted in regard to two complaints against Sharessa Broadley, owner of Estique Skin Care Clinic and Day Spa. Assistant Attorney General Kris King was presenter of evidence. The owner, Sharessa Broadley failed to appear. The Board, after being presented with testimony and evidence that the owner was properly served and given notice of the hearing, preceded in absence of the owner.

Both complainants alleged that the owner fraudulently and deceptively used a cosmetologist license. After considering the testimony and evidence, the Board ordered that both the shop permit and the owner's apprentice license be revoked. The Board also assessed a fine in the total amount of $4,000.00 ($1000.00 for each of the 4 days a violation was cited).

Citation Bill Update

Daniel Parr, Executive Director of the Engineering and Design Boards, appeared before the Board to advise that he, along with staff and inspectors, has been working to implement the Citation Bill Program. Mr. Parr would like for the Board to be directly involved. If the Board has any comments or suggestions, he asks that they be given to Mr. Logan.

FYI

Mr. Logan advised the Board that an apprentice workshop program is being implemented. This will provide information to all apprentices and their sponsors. The first workshop will take place on May 13, 2008.

There being no further business, a motion was made by Ms. Sisserman and seconded by Ms. Trujillo to adjourn at 4:30 p.m. The Board voted unanimously.

_________________________

Marie Wallace

Chairperson

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