SECTION 175:10-9-50. Demonstrator and cosmetic studio license requirements  


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  • (a)   Any person who is not a cosmetology or barber licensee in this state, and who demonstrates any cosmetic preparation for the public from open tester, sampler or other open container, is hereby declared to be a demonstrator and shall be required to obtain a license from the Board before making the demonstrations.
    (b)   While the Board does not interfere with door-to-door individual one-on-one type cosmetic retails sales, any person who establishes a cosmetology or barber business or represents himself to be providing facials or other cosmetology or barber services to the general public in a place other than an Establishment or school shall be required to obtain a license as is appropriate to the practice performed. Providing or performing a facial is a practice which shall require a Facialist, Cosmetologist, Barber, Facial/Esthetics Instructor, Barber, Master Barber Instructor or Master Instructor license.
    (c)   A person who provides a demonstration of the proper use and application of specific make-up and cosmetic technique and product information to students enrolled in modeling, charm or other self-improvement programs, shall be a licensed Cosmetologist, Cosmetician, Facial/Esthetics Instructor, Manicurist, Facialist, Barber, Master Barber Instructor, Master Instructor, Barber Instructor or Demonstrator as applies to a specific license held and demonstration performed by the person. Techniques and products demonstration shall be restricted to personal self-improvement and individual modeling students and shall not be training to provide services to others.
    (d)   A Cosmetic Studio is considered by the Board to be a place where licensed demonstrators give demonstrations for the sole purpose of advertising and selling cosmetics.
    (e)   Any Cosmetic Studio shall be required to be licensed by the Board and license shall expire and subject to renewal annually.
    (f)   Each Cosmetic Studio must prominently display an identifying sign in plain letters at least three (3) inches tall and one (1) inch wide. Failure to display such a sign will be considered as evidence of attempt to avoid inspection.
    (g)   A cosmetic counter or other Establishment where cosmetic preparations may be sold but where cosmetics are in sealed containers and where no open containers (testers, samplers, applications etc.) are used to demonstrate, the cosmetics may be exempt from cosmetology licensing requirements.
    (h)   Requirements for the issuance of a Demonstrators license are:
    (1)   One (1) current, 2" X 2" full-face photo
    (2)   Notarized application and affidavit
    (3)   Fee of $20.00
    (4)   Register and pass the Board's sanitation and safety examination
    (i)   Demonstrator license requirements shall be met before the demonstrator begins a demonstration. These requirements are established and must be met to ensure the identification of persons, products and locations where demonstrations are performed to the consuming public.
    (j)   The demonstration of eye lash and brow tints, hair tints and color rinses, permanent waves and hair relaxants, facial preparations or other preparations considered by the Board to require extensive knowledge, skill and training to ensure safe and proper usage, is hereby prohibited.
    (k)   Applicators are single use items and are to be disposed of after each use.
    (l)   Disposable items must be stored in a closed container, drawer or cabinet except for those used for the days use.
    (m)   Brushes shall be disinfected after each client use.
    (n)   Disinfection and safety standards must be followed at all times.
    (o)   Disinfectants must be used only if registered with the Environmental Protection Agency (EPA) for use as a disinfectant to achieve its intended purpose in accordance with the product label.
    (p)   All customer contact items and work area must be cleaned and disinfected between clients.
    (q)   Creams and other semi-solid preparations shall be removed from containers with a disposable spatula.
    (r)   The hands of the licensee shall be washed and the integrity of the skin carefully examined before and after a demonstration.
    (s)   Hand sanitizer must be available for use.
[Source: Amended at 10 Ok Reg 2679, eff 7-1-93; Amended at 17 Ok Reg 3573, eff 9-5-00 (emergency); Amended at 18 Ok Reg 2456, eff 7-1-01; Amended at 21 Ok Reg 1002, eff 7-1-04; Amended at 31 Ok Reg 1107, eff 11-1-14; Amended at 32 Ok Reg 1681, eff 9-11-15; Amended at 36 Ok Reg 1437, eff 8-25-19]