Board of Cosmetologists Minutes April 6, 2009

A meeting of the State Board of Cosmetologists was held on Monday, April 6, 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. Maxine Sisserman, School Owner Member

Ms. Carmel Owens, Industry Member

Mr. Phil Mazza, Industry Member

Ms. Ellen Trujillo, Industry Member

Not in attendance:

Ms. Clairee Britt-Cockrum, Industry 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 9:45 a.m.

Approval of Agenda

A motion was made by Ms. Sisserman to approve the agenda with 2 additions. Ms. Owens seconded the motion; and the Board voted unanimously to approve.

Minutes

A motion was made by Ms. Owens to approve the minutes from the February 2, 2009 meeting. Ms. Sisserman seconded the motion; and the Board voted unanimously to approve.

Farwell to Board Secretary- Kecha Dunn

Board members invited Ms. Kecha Dunn, former Board Secretary, to the Board meeting to thank her for her service to the Board and to congratulate her on her new position in another Department. Each Board member expressed their appreciation to Ms. Dunn in addressing the Board members’ needs. The Board wished Ms. Dunn much success in her future endeavors.

Informal Conference- Conviction- Jenna Hermann

An informal conference was scheduled for Ms. Jenna Hermann. Ms. Hermann, who had at one time held a cosmetologist apprentice license, has applied to restart the program. Ms. Hermann had disclosed on her recent application a previous criminal conviction. After Ms. Hermann explained her conviction to the Board’s satisfaction, the Board voted unanimously to approve Ms. Hermann’s application.

Informal Hearing- COSM080394- Star Nails

An informal hearing was held in regard to a complaint filed against Mr. Christopher Long, owner of Star Nail’s and the subsequent inspection made by the Board inspector which found numerous violations, including: use and possession of Credo blades; unauthorized waxing services; and unlicensed individuals performing services for compensation. Mr. Long purported to the Board that while he prohibits the use of Credo blades in his salon, it is the individual operator who provides the service at the beckoning of the clients. The Board expressed their concerns over the egregious nature of the complaint and the numerous violations found by the inspector. The Board advised Mr. Long that, as the owner of the salon, he is responsible for all activities that occur in the salon. The Board further noted that such practices will not be tolerated; ordered that a re-inspection of the salon be immediately conducted; and if the violations are discovered, formal charges against the owner, as well as the individuals in the shop, be instituted with the possible suspension or revocation of the salon license, as well as the imposition of fines, resulting.

Informal Hearing- COSM090092- Lisa’s Nails& Spa

An informal hearing was held in regard to a compliant against Cuong Nguyen, Owner of Lisa’s Nails & Spa. The complainant alleges that the nail technician did not soak her nails prior to applying acrylic nails and hurt her while using an electronic nail drill. Mr. Nguyen acknowledges the incident as an error by the nail technician and advised the Board that he has cautioned the nail technician whom provided the service. The Board questioned Mr. Nguyen on his procedures when a client is injured and suggested that Mr. Nguyen provide updated training for his employees with an advisement to “slow down” when providing services. After Mr. Nguyen explained what actions he has taken to correct such incidences to the Board’s satisfaction; and, accordingly, the Board closed the complaint.

Apprentice Request Credit of Hours- Tiffani Corprew

The Board reviewed a request from Tiffani Corprew, a cosmetologist apprentice whose license has expired. Ms. Corprew is requesting the Board to credit her for training she completed in 2005 and 2006; although written reports from the person overseeing her apprenticeship had not been submitted to the Board. The Board noted that COMAR .09.22.01.10(B) (Supervision of an Apprentice) provides that the Board may not grant credit for any training which is not reported within 90 days. The Board voted unanimously not to grant Ms. Corprew with any hours earned, but not reported, during her previous apprenticeship. The Board requested that Ms. Corprew be notified that, for “good cause,” the Board may allow her to restart the apprenticeship training; provided 6 months have elapsed since she last trained, and she agrees to forfeit the previous months of training. A letter will be sent to Ms. Corprew to this effect, further advising that she can petition the Board to re-start the apprenticeship program and then, subject to scheduling, come to a future Board meeting to present her request.

Waiver of examination- Valencia England

Ms. Valencia England, a cosmetologist, petitioned the Board to reinstate her license which had expired in 2003. Considering that her license has been expired for more than five years, Ms England must pass the Board’s examination before her license can be reinstated. BOP Art., §5-312(b). Ms. England requests that this requirement be waived due to illness preventing her from renewing her license within the five year time frame.

The Board determined, unanimously, that they had no discretion to grant Ms. England’s request, as the examination requirement is mandatory to the reinstatement of a license which has been expired for more than five years. Accordingly, the request was denied.

Waiver of examination- Teresa Greene

Ms. Tammy McNabb, Vocational Rehabilitation Specialist with the Division of Rehabilitation Services, petitioned the Board on behalf of Ms. Teresa Green, a cosmetologist, to reinstate Ms Green’s cosmetologist license which expired in 2002, and to waive her having to take the examination. The basis for the request is an assertion that Ms. Green had “several detrimental life events occur” which prevented her from renewing in a timely fashion.

After reviewing Ms. McNabb's letter and reviewing Ms. Green’s licensing history, the Board noted that, while it is sympathetic to Ms. Green’s circumstances, as noted in the above matter, there is no provision in the law which would allow the Board to grant such waiver; and that a person must pass the Board’s examination if that person’s previous cosmetologist license has been expired for more than five years. A motion was made by Mr. Mazza and seconded by Ms. Owens to deny the waiver of examination, and the Board voted unanimously to approve the motion.

Request for Amendment to license expiration- Michele Cullen

Ms. Michele Cullen, a cosmetologist, petitioned the Board to “amend the Expiration date” on a recent license that was issued to her. Ms. Cullen advised that she renewed her license prior to a preceding 2 year licensing cycle and was issued a license that expired a week after it was issued.

Executive Director Robert Wood advised that if Ms. Cullen had contacted the Board prior to her applying for the late renewal, she would have been advised to wait until after the expiration date of the licensing cycle to be issued a full, two year license.

A motion was made by Mr. Mazza, seconded by Ms. Troujillo, to deny the request to amend the expiration date of Ms. Cullen’s license and require Ms. Cullen to pay the fees attendant to the renew her license; and the Board voted unanimously to approve the motion.

License by Endorsement- Lamar White

Mr. Lamar White, a licensed cosmetologist in the State of Arizona, petitioned the Board requesting a waiver of the Board’s examination requirement. In a letter to the Board, Mr. White explained that his originating State of Arizona could not certify his training or passing the examination due to its records retention policies, and the fact that Mr. White previously had obtained licensure through endorsement in California and then applied again through endorsement back to the State of Arizona years later.

After the Board reviewed the documents and noting that the current Arizona certification itself reflects that all exams in Arizona were NIC examinations that were given in English and that 1500 hours of training is required to take the examination, a motion was made by Mr. Mazza. The motion was seconded that the Board approve the request to waive the examination requirement for Mr. White based upon the current Arizona certification, and the Board voted unanimously to approve the motion.

Acknowledgement of Attendees

Although not listed on the agenda as an item for discussion, the Board was introduced to Ms. Jacque Boock, Contract and Procurement Manager from the Department of Budget and Management and representatives with the vendor, Lionbridge, the entity which provides interpreter services to the State. Ms. Boock and the representatives advised that they came to the Board today to observe the Formal Hearing scheduled and to observe and critique the interpretation services which are being provided. The Board welcomed the attendees’ presence at today’s Board meeting.

Apprentice/ Endorsement Dilemma

Ms. Roxanne Johnson, Program Coordinator for the Board, appeared before the Board to bring to the Board’s attention problems she has been experiencing with a wave of applications from individuals purporting to be licensed as cosmetologists in another state who are applying for a cosmetologist license in Maryland with a waiver of the Board’s examination requirement based upon their cosmetologist license in the other state. Ms. Johnson has identified as many as 8 applicants who profess to hold a license in another state after having trained in that state; but, at the same time as receiving the training the other state, the individual holding a Maryland apprentice registration.

After discussion, the Board directed that Ms. Johnson and other Board staff make inquiry as to the validity of the out of state credentials regarding each such applicant and place each such application under a “board review status.” Based upon the results of these inquiries, a complaint panel of the Board will decide what, if any, course is to be followed. The Board relayed their appreciation to Ms. Johnson for her diligence and attention in questioning and recognizing these potential problems.

Board Complaint Panel Dates

The Board reviewed possible dates to meet for Compliant Panel reviews. After discussion, the Board agreed on the upcoming Board panel dates.

Request form Makeup Artists Group (M.A.U.)

The Board reviewed a request from The Make-up Artist Group, an organization that professes to include 110 beauty industry professionals. The M.A.U. invited the Board to attend a meeting to discuss, among other items, the recent legislative de-regulation of make-up artists in Maryland.

After reviewing the invitation, the Board directed that a letter be sent to the organization thanking them for the invitation but declining the same.

Citation Update

Executive Director Robert Wood and Assistant Executive Brian Logan advised the Board that forms which the Inspectors will be utilizing for the issuance of citations have been received from the print shop. The Board was further advised that the final draft of the actual citation which will be issued at the Board’s office has been submitted to the I.T. Department for formatting into an electronic template.

The Board was further updated on the inspection force; noting that the posting for the last 2 vacant positions has taken place. The citation implementation is still scheduled for May 1st, 2009.

Formal Hearing- COSM080078- Angel Nails Salon

The Board conducted a formal hearing against Phuong Luu Dang, the former owner of Angel Nails Salon, located in Owings Mills, Maryland and My Tuong Thi Le, a licensed cosmetologist working in that Salon, both of whom appeared before the Board for a formal hearing regarding allegations set forth in a complaint submitted to the Board by Diane Ludwig. The Complaint alleged that an operator, My Tuong Thi Le, the wife of Mr. Dang, cosmetically tattooed eyebrows onto her with a permanent dye; Ms. Ludwig anticipating that the operator would be dyeing her eyebrows using a semi-permanent dye.

Thanh St. John, an employee of Lionbridge (the interpreter service contracting with the State of Maryland) was assigned by Lionbridge to serve as an interpreter for Mr. Dang and Ms. Le. Mr. Dang and Ms. Le appeared in the absence of counsel and expressly waived their right thereto. Kris King, Assistant Attorney General, was the Presenter of Evidence. After taking testimony and evidence, and after conducting its deliberations, the Board concluded that both the Respondents had violated the statutory and regulatory provisions as alleged. Accordingly, the Board ordered that the cosmetologist license of Ms. Le be suspended for a period of 90 days (to commence on June 6, 2009) and pay a fine of $300.00. The Board further ordered that Mr. Dang, although no longer the owner of the beauty salon, be fined $1,000.00 with payment to begin in 60 days (starting June 6, 2009) and the fine paid in full within 1 year (June 6, 2010).

Adjournment

There being no further business, a motion was made by Ms Owens and seconded by Mr. Mazza, that the meeting be adjourned at 4:30 p.m., and the motion was passed unanimously.

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Marie Wallace

Chair