STATE BOARD of COSMETOLOGISTS MINUTES January 3, 2005

STATE BOARD of COSMETOLOGISTS MINUTES January 3, 2005

STATE BOARD OF COSMETOLOGISTS MINUTES January 3, 2005

A meeting of the State Board of Cosmetologists was held on Monday, January 3, 2005, at 9:30 a.m. in the 2nd floor Conference Room, the Shillman Building, located at 500 N. Calvert Street, Baltimore, Maryland 21202.

The following members were in attendance: Mrs. Maxine Sisserman (School Owner); Mrs. Doris Bradley, Mrs. Patricia Cougnet, Mrs. Karen Collins and Mrs. Thuy Bui (Industry Members). Mr. Bruce Spizler, Senior Assistant Attorney General, Mrs. Marlene Brown, Assistant to the Director (Acting as Executive Director in the absence of Mrs. Phyllis Cail) and Ms. Nekia Waller, Board Secretary, was also present. Mrs. Marie Wallace, (Chairman) was absent.

Approval of Agenda

A motion was made by Mrs. Cougnet, seconded by Mrs. Bradley, to approve the agenda as amended. The Board approved the motion unanimously.

LEGISLATIVE UPDATE

Mr. Harry Loleas met with the Board to inform them of the progress of the Board’s legislation regarding the “Citation” bill. He explained that the Bill has been approved for introduction by the Administration.

Mrs. Sisserman asked Mr. Loleas for the status of the reproposed regulations. Mr. Loleas explained that there has been a freeze. However, he assured the Board that as soon as the period ends (in mid-February) the regulations will be published and become effective sometime in July, 2005.

Minutes

A motion was made by Mrs. Cougnet, seconded by Mrs. Bradley, to approve the November 1, 2004 minutes as corrected. The Board approved the motion unanimously.

A motion was made by Mrs. Collins, seconded by Mrs. Bradley, to approve the December 6, 2004 minutes as amended. The Board approved the motion unanimously.

informal – request to meet

In response to a letter sent to the Board by Stephen D. Weiss, Esquire, an attorney representing Elaj Aveda Day Spa, the Board met with Mr. Weiss and several representatives of The Elaj Aveda Day Spa to discuss concerns regarding the use and/or possession of laser machinery which is currently being used in this limited practice salon. Mr. Weiss explained the extent of the specific laser machinery and asked the Board to reconsider prohibiting the use of this particular type of machinery.

STATE BOARD OF COSMETOLOGISTS 2 January 3, 2005

After discussion, a motion was made by Mrs. Collins and seconded by Mrs. Bui to:

  1. gather more information about lasers toward the end of promulgating a regulation which prohibits the use or possession of only those laser machines which exceed a certain strength; and
  1. consider promulgating a regulation which prohibits the use of a laser machine by anyone who is not licensed by a governmental agency to permanently remove hair.

The Board unanimously agreed.

old Business

Informal/Formal Hearing Discussion.

Mrs. Sisserman raised concern regarding nail salons which possess beds, ostensively, for the purpose of allowing a licensee to rest between customers. She explained that a number of nail salons were performing waxing services (unauthorized), and that the beds were being used for this purpose. In support, Mrs. Sisserman referenced Business Occupations and Professions article §5-606 which states “an owner of lessee of a beauty salon may not allow any individual to:

(1) use as a residence any room that is used wholly or partly as a beauty salon; or

(2) sleep in any room that is used wholly or partly as a beauty salon.”

INFORMAL CONFERENCES/VIOLATIONS/COMPLAINTS

On December 20, 2004, Mrs. Bradley and Mrs. Sisserman met with those licensees directed to appear before the Board for an informal hearing during which violations found by an inspector were discussed. There were 49 informal hearings scheduled, 23 attended. In addition, Mrs. Wallace and Mrs. Bui reviewed 6 complaints with Assistant Attorney General Susan Cherry, as well as 38 violations with Mrs. Sandra Angelini, Supervisor of Inspectors.

The Board meeting adjourned at 12:25 p.m.

SUBMITTED BY: ______

Marlene Brown

Assistant Executive Director

APPROVED BY: ______

Marie S. Wallace

Chairman