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Board of Cosmetologists Minutes February 2, 2009

A meeting of the State Board of Cosmetologists was held on Monday, February 2, 2009 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. Carmel Owens, Industry Member

Ms. Clairee Britt-Cockrum, Industry Member

Mr. Phil Mazza, Industry Member

Ms. Ellen Trujillo, Industry Member

Not in attendance:

Ms. Maxine Sisserman, School Owner Member

Also in attendance:

Mr. Bruce Spizler, Senior Assistant Attorney General

Mr. Robert Wood, Executive Director

Mr. Brian Logan, Assistant Executive Director

Meeting was called to order

The meeting was called to order at 9:40 a.m.

Approval of Agenda

A motion was made to approve the agenda with 2 additions. The motion was seconded; and the Board voted unanimously to approve.

Minutes

A motion was made by Ms. Carmel Owens to approve the minutes from the December 1, 2008 meeting. Ms. EllenTroujillo seconded the motion; and the Board voted unanimously to approve.

A motion was made by Ms. Ellen Troujillo to approve the minutes from the January 5, 2009 meeting. Ms. Carmel Owens seconded the motion; and the Board voted unanimously to approve.

Contact with news media

Commissioner Stan Botts of the Division of Occupational and Professional Licensing came before the Board to address concerns the Board members had in regard to the Department protocols in dealing with the media. Specifically, the Board was concerned over a news story about Fish Pedicures which did not reflect the Board’s position that such services, as currently applied, violate certain sanitation regulations. Commissioner Botts assured the Board that the opinion of the matter had been submitted to the referenced media outlet by the Office of Communications (approved in conjunction with the Board’s administrative staff and counsel). Mr. Botts advised that, in dealing with the media, there are times when all that is relayed to a media outlet is not necessarily aired. Mr. Botts assured the Board that he will see to it that the Board’s opinions and/or decisions are correctly reflected in media inquiries and releases. Board counsel Bruce Spizler also reminded the Board that this decision was posted on its web site upon approval by the Board, and, also, that the Board’s position is reflected in its minutes. Mr. Botts further assured the Board that, if there is any more communications that need to be made, he would be willing to deal with it and carry it out.

Informal Conference - Larisa Goltsman

An informal conference was scheduled for Ms. Larisa Goltsman, a cosmetologist apprentice, requesting an extension of her apprentice license to continue training. Ms. Goltsman appeared with her sponsor, Ms. Sophia Richer, a senior cosmetologist and the manager of NICO Hair Salon. Ms. Richer spoke on behalf of Ms. Goltsman. She advised that Ms. Goltsman has completed the apprenticeship training but, thus far, has been unable to pass the theory portion of the cosmetologist examination. Ms. Richer advised that Ms. Goltsman is having trouble comprehending the theory exam, as English is not her primary language. Board member Phil Mazza inquired if Ms. Goltsman used a word-for-word dictionary during the theory exam which is permissible under Board regulations. Ms.Richer advised that Ms. Goltsman has used such a tool; however, she still was unable to comprehend the questions. The Board, noting that Ms. Goltsman had come close to passing the theory examination in the past, advised that, while it is not insensitive to Ms. Goltsman issue, it had no authority to grant a further extension of Ms. Goltsman’s apprentice license.

Informal Conference – Kim Ngoc Nguyen

An informal conference was scheduled for Ms. Kim Ngoc Nguyen. Ms Nguyen is a licensed cosmetologist in California who is seeking a cosmetologist license in Maryland via a waiver of the Board’s examination. A waiver of the examination requirement had not been granted to Ms. Nguyen considering that the examination she took in California was given in Vietnamese and, therefore, was not the equivalent of Maryland’s examination. Board member Carmel Owens inquired if, in fact, Ms. Nguyen had since taken the California exam in Vietnamese; and the answer was in the negative. The Board advised Ms. Nguyen that under the statute, she must take and pass an exam that is equal to the examination that is given in Maryland.

Informal Conference – Amy Benjamin

An informal conference was scheduled for Ms. Amy Benjamin who, at one time, held a cosmetologist apprentice license. Ms. Benjamin wished to restart the apprentice training. The Board staff noted that there was a note in Ms. Benjamin’s file noting that there were two (2) unresolved complaints filed against her during the time she was registered as a cosmetologist apprentice alleging: (1) that another individual was using her license fraudulently; and (2) that she was providing cosmetologist services from a private residence. Apprentice Coordinator Roxanne Johnson explained that a previous administrator had placed a note in Ms. Benjamin’s file to the effect that she was not to be issued another apprentice registration, or any other form of licensure, until Ms. Benjamin appeared before the Board regarding these complaints. The Board was advised that Ms. Benjamin had been requested to come before the Board on 2 different occasions; however, on each of these occasions, she failed to appear. Ms. Benjamin, although admitting that she was aware that there had been a complaint filed, was unaware of the precise nature of the complaint. Board member Phil Mazza expressed concern in regard to Ms. Benjamin’s acknowledgment of complaints having been filed against her, but never coming forward to address the allegations. After considerable deliberation, and noting the length of time that has elapsed since the complaints were filed, as well as the fact that Ms. Benjamin, in effect, had barred herself from the industry for 20 years, the Board unanimously voted to grant Ms. Benjamin a restart as a cosmetologist apprentice.

Waiver of examination requirement – Keena McBee

Ms. Keena McBee, a licensed cosmetologist in Arizona, petitioned the Board for a waiver of the examination requirement. Ms. McBee had submitted a certification from the Arizona State Board but, as a result of the Arizona Board not retaining certain relevant records, it could not be verified that the examination she took in Arizona was the same as, or more stringent, than the Maryland examination. Board member Phil Mazza, upon review of the certification, noted that the State of Arizona has provided testing through the National Interstate Council (N.I.C.) since 1993 for its practical examination and since 1987 for the written examination; and that the examinations were administered in English. In light of the N.I.C. standards, the Board voted unanimously that the candidate has verified she has met the training and examination requirements; and, as a result, she was granted a waiver of the examination requirement.

Waiver of examination requirement – Terry A. Billy

Ms. Terry A. Billy, a licensed cosmetologist in New York State, petitioned the Board for waiver of the examination requirement. Ms. Billy had submitted a certification from the New York State Board of Cosmetologists indicating that she had passed an examination in New York which is the equivalent of the Maryland examination. However, as noted by Board member Phil Mazza noted that New York only requires 1,000 hours of training (far less than the required 1500 hours in Maryland). The Board voted unanimously to issue the applicant a Maryland license if she was able to provide verification that she has 6 months work experience and has been licensed in New York for a least that period of time

Apprentice request – Jacinta Corum- Burgess

Ms. Jacinta Corum-Burgess, a licensed cosmetologist apprentice, petitioned the Board to receive credit for training during the months of April, 2008 through September, 2008. Ms. Roxanne Johnson, Apprentice Coordinator, advised the Board that Ms. Burgess’ sponsor, Kimberly Leaky, a senior cosmetologist, had allowed her license to expire after April, 2008 and did not renew her license until September 23, 2008. Ms. Burgess, by way of letter, advised the Board that she had been diligent in submitting her apprentice forms but was not advised until November,2008 that she would not receive credit for the months the sponsor had an expired license. Ms. Burgess' position is that she should be given credit for the training during the months Ms. Leaky’s license had expired, since she was not made aware of the same by the Board or the sponsor. Following its deliberations, the Board stated that, because the sponsor’s license should have been posted in full view of the public, (including the apprentice), the apprentice had the responsibility to ensure that the sponsor was licensed throughout the apprenticeship. The Board voted unanimously to deny the apprentice’s request, but directed that a letter be sent advising that she can still renew her apprentice license and complete the program.

Request for School information – Laura Lynch

The Board received a written request from Ms. Laura Lynch requesting the pass rates for three (3) private cosmetology schools. Assistant Executive Director Brian Logan advised that, although the private schools fall under the jurisdiction of the Maryland Higher Education Commission, the examination information which is provided by the testing company, Prometric, is sent to the Board which in turn disseminates the scores to the schools and the Maryland Higher Education Commission. Board counsel Bruce Spizler advised that, while the disclosure of such information may be permissible under the Maryland Public Information Act, prior to such disclosure, a copy of the request should be submitted to each of the three schools to make them aware of the same and provide them the opportunity to voice objection to the requested disclosure.

Citation update

Assistant Executive Director Brian Logan advised that there were no recent updates to the citation program. Mr. Logan did note that the implementation date still remains for Spring, 2009.

Photo on license update

Executive Director Robert Wood advised that he has been in contact with the test vendor, Pearson Vue, who facilitates the examinations for the Washington D.C. Board of Cosmetology. According to their company representatives, the placement of a photo on a license can be implemented using two ways. Mr. Wood did advise that before investing into a campaign to add a photo on its licensee, the Maryland Board should be aware that, due to budgetary constraints and possibility of further cuts, such a proposal may not be plausible at this time.

On an unrelated note, Board member Carmel Owens advised of a news broadcast in regard to the D.C. Board which implied that the D.C. Board no longer investigates complaints in regards to licensees.

New Inspectors

Assistant Executive Director Brian Logan advised that 4 new inspectors will begin training on Wednesday, February 4, 2009. Mr. Logan advised that part of the training will encompass taking the inspectors to a cosmetology school to conduct a mock inspection. Mr. Logan also advised that a request has been submitted for 2 more inspector positions resulting from the resignation of 2 inspectors.

Interpreter update

Executive Director Robert Wood advised that a meeting was held on Friday, January 23, 2009 with representatives of the interpreter vendor Lionbridge, Department of Budget and Management, and the Board’s staff. Mr. Wood advised that the company was receptive to the Board’s concern in the wake of past cancellations of the Board’s formal hearings due to not having an interpreter present and the most recent episode of the failure of the interpreter to continue during a hearing. Mr. Wood advised that a number of corrective actions have been identified and will be implemented with both the vendor and the Board’s staff. Mr. Wood also advised that representatives with the vendor will be planning to attend the Board’s March 2nd meeting.

FYI – Fish pedicures

The Board reviewed the National Interstate Council’s November/December 2008 Bulletin; specifically, an article on Fish Pedicures and a listing of the States that have banned the service. Board member Phil Mazza voiced his displeasure over the fact that Maryland was not noted in the article, and that he specifically requested, at a previous Board meeting, that Board staff contact the N.I.C. in such regard. Assistant Executive Director Brian Logan advised that miscommunication as to who was directed to contact the N.I.C. resulted in the omission of Maryland’s decision regarding fish pedicures being included in the article and apologized. Executive Director Robert Wood advised that he will personally see to it that the N.I.C. be contacted to advisee that the fish pedicures, as presently performed, are in violation of Maryland sanitation regulations. Board Chairperson Marie Wallace requested that something be on Board’s web site addressing the Board’s decision on the matter.

Adjournment

There being no further matter to discuss, the meeting was adjourned at 12:25 p.m.

Approved by:

Marie Wallace, Chairperson

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