How your laws work..

[TechJaylee]

Hello everyone!! I am so curious as to how laws work elsewhere. I think Montana has very good, and very strict laws. There are so many people from the UK here, not as many from the US.. I'm curious as to the differences between states and countries..

These are some of Montana Laws.

In Montana we need 360 hours of training to become licensed.
We have to have a license to work legally.
We cannot disinfect pedicure abrasives and reuse them anymore.
We cannot use any kind of razor to shave off calluses, no pumis stone.
We cannot have mobile businesses, we can only travel if our client is mentally or physically handicapped.
We just now started being able to legally serve alcohol, yay!!
We have to have an air cleaner running during all times of business..
All containers have to be labeled.
Towels have to stay in an enclosed space, and if not they have to be rewashed even if they aren't used..
Inspectors come once a year..

Of course I have seen a lot of these laws being 'broken' by people over the years.. And there are many more laws.. I think the laws are good I agree with most of them.. I wish we could do mobile, I would have a huge clientelle by now, but they don't let us because they can't regulate us.

So where are you from, what are yours laws, and what do you think about them..

Thanks for your comments

 

['chelle]

Well! I've not been doing nails very long so I dont know too much about nails, however I do know lots about the law, and the law in the UK is very lax in my opinion and needs tightening up. Heres a quick summary of what I can think of from the top of my head:

Firstly, there is a regulatory body for the beauty industry, Habia, and although they can make regulations, most of these are not enforceable by law ie there is no legal penalty for not complying with them.

A person can begin work as a nail tech in the uk without a minutes tuition or a single certificate! Fair enough, they wouldnt be able to get public liability insurance, but I'm sure there are some less reputable unqualified techs out there in the uk practising without insurance. (in the minority I hope!)

Ventilation units must be used, its is not sufficient to rely on an open window or door, and I believe (correct me techs if I'm wrong) that Habia can close you down if you dont have proper ventilation, but again, its not enforceable by way of legal penalty (so far as I am aware).

Many techs are mobile in the uk, although I think this is a good thing myself.

Cant think of anything else just now, but you can see how some complete cowboy could take advantage of the lack of regulation in the UK and make money out of people for a shoddy, maybe even dangerous service.

I believe that there are systems in place at present for reviewing the law in relation to the beauty industry in the UK, but the rate at which our legal system operates should ensure that the cowboys can continue to trade for another couple of years at least. If I ever hear of one I will shop them to the BBD "rogue traders" programme!!:lol:

 

[TechJaylee]

What do you mean by cowboy? I'm thinking its not good!! Montana Cowboys might be a little different!! This could get confusing!! But I'm sure very interesting!!:lol:

 

[alpina]

There is no licensing in Australia. I have just registered my salon, gotten public liability insurance etc and not one person has even asked if I'm qualified to provide this service (I am qualified btw).

Anyone off the street could just open up a salon here and start charging the public for treatments.

There is one salon in town that I know of, they do ipl, microdermabraision, laser resurfacing, endermology etc and not a single qualification between them. I know this because they boast about it all the time, that college is a waste of time and money and they just bought the equipment and opened up shop. It makes me so mad, but yet they are making a fortune out of this.

The only thing is that (most) suppliers will not serve you unless you show qualifications or student enrollment proof, but we all know there are other ways to get our products and equipment.

 

[JesseDavidNailDesign]

There is no licensing in Australia. I have just registered my salon, gotten public liability insurance etc and not one person has even asked if I'm qualified to provide this service (I am qualified btw).

Anyone off the street could just open up a salon here and start charging the public for treatments.

There is one salon in town that I know of, they do ipl, microdermabraision, laser resurfacing, endermology etc and not a single qualification between them. I know this because they boast about it all the time, that college is a waste of time and money and they just bought the equipment and opened up shop. It makes me so mad, but yet they are making a fortune out of this.

The only thing is that (most) suppliers will not serve you unless you show qualifications or student enrollment proof, but we all know there are other ways to get our products and equipment.

Thats amazing. In the US in the state of New Jersey Estheticians are no longer permitted to do Microderm, Laser resurfacing, only dermatologists with a doctor on staff!!! ( i think this is overboard)

 

[sc in canada]

In Canada there are no laws in place for licensing. Each province sets it's own rules. Here in Alberta the only thing needed is certification, meaning that you need proof that you took a course. And thats only needed to purchase product from a distributor. There are nail techs here in my city that are teaching people how to do nails and charging a fortune for it. The problem is if they are not an educator for a distributor, or line (ie. NSI, creative, ez flow etc..) they are not recognized by the distributors as educators. The biggest problem that we face here is that there is nothing standard. Every school, distributor, and educator teaches differently, so nothing is the same. Its annoying as hell but there is nothing that we can do unless our provincial governments spend the money to make the changes.

We have what is called a health board that is in charge of making sure that salons are clean and sanitary and they inforce those laws. In the 8yrs that I owned my salon I saw health board twice. Once when I opened and once when I moved to a new location. If there are no complaints made to them they don't come around.

Sad isn't it...

 

[grafxgal]

None, but OSH (health and saftey) do come and check things out, if they know about you. Oh and the use of mma in nail ehancements is banned here.

 

[TechJaylee]

There is no licensing in Australia. I have just registered my salon, gotten public liability insurance etc and not one person has even asked if I'm qualified to provide this service (I am qualified btw).

Anyone off the street could just open up a salon here and start charging the public for treatments.

There is one salon in town that I know of, they do ipl, microdermabraision, laser resurfacing, endermology etc and not a single qualification between them. I know this because they boast about it all the time, that college is a waste of time and money and they just bought the equipment and opened up shop. It makes me so mad, but yet they are making a fortune out of this.

The only thing is that (most) suppliers will not serve you unless you show qualifications or student enrollment proof, but we all know there are other ways to get our products and equipment.

I get mad at people who do half assed work around here, if I had to deal with what you had to deal with, I would be a basket case, going on a rampage. So what are you doing to inform the public about these types of salons?

 

[TechJaylee]

Thats amazing. In the US in the state of New Jersey Estheticians are no longer permitted to do Microderm, Laser resurfacing, only dermatologists with a doctor on staff!!! ( i think this is overboard)

In Montana you have to be licensed and have your machine registered with the state board. I don't know about laser resurfacing and that kinda stuff though.. I haven't heard of a salon doing that here..

 

[TechJaylee]

In Canada there are no laws in place for licensing. Each province sets it's own rules. Here in Alberta the only thing needed is certification, meaning that you need proof that you took a course. And thats only needed to purchase product from a distributor. There are nail techs here in my city that are teaching people how to do nails and charging a fortune for it. The problem is if they are not an educator for a distributor, or line (ie. NSI, creative, ez flow etc..) they are not recognized by the distributors as educators. The biggest problem that we face here is that there is nothing standard. Every school, distributor, and educator teaches differently, so nothing is the same. Its annoying as hell but there is nothing that we can do unless our provincial governments spend the money to make the changes.

We have what is called a health board that is in charge of making sure that salons are clean and sanitary and they inforce those laws. In the 8yrs that I owned my salon I saw health board twice. Once when I opened and once when I moved to a new location. If there are no complaints made to them they don't come around.

Sad isn't it...

It is sad to know that people's health is being jepordised and I like the fact that nail tech's around here are taken seriously.. My clients take me seriously and do their homework, "Yes mom!" They always say..

I appreciate the fact that our laws are so strict, some people it upsets, but now I can tell them a different type of industry in which you would wish for strict laws..

 

[TechJaylee]

None, but OSH (health and saftey) do come and check things out, if they know about you. Oh and the use of mma in nail ehancements is banned here.

Good, it is banned here, and all over the US as far as I have seen.. I remember someone coming on here openly admitting they use it in the US and how judgemental we all are for saying what we do about MMA and people who use it.. And it was like everyone pounced on him and couldn't believe he openly admitted to using it.. And then to find out that it was illegal where he lived..

MMA

 

[Jeni Giles]

Laws vary from state to state- Idaho

400 hours for Nail Technology
600 hours Esthetics
800 hours Electrology (esthetics is included with this usually)
2000 hours Cosmetology

Licensing exam is the National Interstate Cosmetology council, a 3rd party along with a Cosmetology board law exam. All branches of the industry are covered by cosmetology. You can apprentice for double the hours but you must still pass the exam. Most states accept an Idaho license because of the hour requirement and the fact that students are still required to do a certain amount of services.

We are subject to random inspections by our Cosmetology board, the schools are held to a higher standard, they inspect us at least once per month (we get it a little more often, my son plays football with the inspector's son and they come here to get their hair done) Our school has never had anything less than a perfect score on our safety and sanitation rating- couldn't have anything to do with the fact that I'm an anal retentive neat freak and refuse to work in a mess....

Idaho requires most people coming in from other states to take our licensing exam or prove work experience and constant employment before granting them a license. California requires ANYONE coming in to take their exam regaurdless of experience or current license.

 

[melissaq]

Here in British Columbia ( Canada) this province used to require licensing about 5 yrs back ....but the Health Board found it to expensive to keep up with it ...so now any Joe Shmo can be unlicensed and set up shop....for hair or nails........could you imagine?
However to buy anything whole sale you have to be licensed .....or show proof you went to school....
I've kept my license from the State of Nevada current so that I can show wholesalers and clients that I'm up to par and really do have the knowledge required to be in the field I'm in.....

 

[alpina]

I get mad at people who do half assed work around here, if I had to deal with what you had to deal with, I would be a basket case, going on a rampage. So what are you doing to inform the public about these types of salons?

I think by now most of the public in town is well educated about this. It's hard for me in regards to this particular salon because I'm not qualified in these advanced treatments yet either (however I don't offer them), so alot of clients would tend to think of it as badmouthing if me or another salon was to mention that they aren't qualified.

If I was to have clients asking me about these treatments I would refer them to another salon, where I used to work. The girls there are excellent and they provide a very professional service.

I have had some clients ask me about my qualifications, so I give them a basic run through of what levels of qualification there are and what they entitle a therapist to provide. Then I give them the best treatment I possible can and hopefully this will speak for itself.

 

[TechJaylee]

Laws vary from state to state- Idaho

400 hours for Nail Technology
600 hours Esthetics
800 hours Electrology (esthetics is included with this usually)
2000 hours Cosmetology

Licensing exam is the National Interstate Cosmetology council, a 3rd party along with a Cosmetology board law exam. All branches of the industry are covered by cosmetology. You can apprentice for double the hours but you must still pass the exam. Most states accept an Idaho license because of the hour requirement and the fact that students are still required to do a certain amount of services.

We are subject to random inspections by our Cosmetology board, the schools are held to a higher standard, they inspect us at least once per month (we get it a little more often, my son plays football with the inspector's son and they come here to get their hair done) Our school has never had anything less than a perfect score on our safety and sanitation rating- couldn't have anything to do with the fact that I'm an anal retentive neat freak and refuse to work in a mess....

Idaho requires most people coming in from other states to take our licensing exam or prove work experience and constant employment before granting them a license. California requires ANYONE coming in to take their exam regaurdless of experience or current license.

Thats awesome! I'm glad you're anal and I'm glad Idaho is too!! lol I appreciate it! We only have an inspection once a year, schools and salons. And we always tend to know in advance or about when it is.. It's usually through summer..

 

[JesseDavidNailDesign]

Thats awesome! I'm glad you're anal and I'm glad Idaho is too!! lol I appreciate it! We only have an inspection once a year, schools and salons. And we always tend to know in advance or about when it is.. It's usually through summer..

The spa I work in has never in 7 years been inspected by the health board or Board of Cosmetology. It's kind of scary. I think it would take a complaint for us to be inspected. Fortunatly I hold myself up to my own high standard!

 

[huberella]

In Canada there are no laws in place for licensing. Each province sets it's own rules. Here in Alberta the only thing needed is certification, meaning that you need proof that you took a course. And thats only needed to purchase product from a distributor. There are nail techs here in my city that are teaching people how to do nails and charging a fortune for it. The problem is if they are not an educator for a distributor, or line (ie. NSI, creative, ez flow etc..) they are not recognized by the distributors as educators. The biggest problem that we face here is that there is nothing standard. Every school, distributor, and educator teaches differently, so nothing is the same. Its annoying as hell but there is nothing that we can do unless our provincial governments spend the money to make the changes.

We have what is called a health board that is in charge of making sure that salons are clean and sanitary and they inforce those laws. In the 8yrs that I owned my salon I saw health board twice. Once when I opened and once when I moved to a new location. If there are no complaints made to them they don't come around.

Sad isn't it...

It is sad. Although we are not required to have a license anymore, the cosmotolgy association is fighting to have it put back in place. They have gone from receiving 60 complaints a year (from clients) to 60 per month!!!

 

[JDs]

Washington State:
1800 hours for cosmetology-all testing is done on computers- the students do not have to do hands on demos anymore.
600 hours for nail tech
don't know about estitician

We NOW get inspected once a year. I have worked this industry for 25 years and it has only been in the last 4 years that the cosmetology health boards have been coming down hard on yearly inspections.
I have never seen a inspector all these years until the last few.
I love it!!
I am seeing MMA salons shut down because of non proper licensing, nor any proper sanitation.
We have to have all containers, under the wash basins, hair trash cans, wastebaskets by the nail tables all covered with snap on lids.
All licenses have to be on display to the public
clean combs are in a separate closed container marked "sterilized implements"
All closed containers have to be marked.."Towels", "Trash" etc.
All cupboards have to be labeled,
Facial tables have to be sprayed down with alcohol after each client and then a sheet or cover needs to be put down
paper towels or linen towels under the head
Wash basins have to be spayed down in between each client with a sanitizer.
All dirty combs, clips, clipper blades have to be in a disinfectant jar with a disinfectant that is EPA approved.
Drawers have to be cleaned out daily so hair does not collect.
No hair even on the washer and dryer in the salon
All soaps and towel have to be of a single use pump.
All cabinets that contain chemicals need to be marked "Haz and/or chemical materials"
All nail products need to be marked of what is in the container.
Proof of insurance when asked.

LOL a new rule that just came down on us this month from the health boards...
your curling iron must be sanitized between each client!!!
What a bunch of goofy ducks..that one should go in the toliet!
Do they not realize that our curling irons get over 400 degrees and nothing can survive on them?
On top of that...has anyone sprayed a very hot curling iron with sanitizer? :Scared:
I do elderly ladies on Friday , allll day long..I can not stop, unplug my curling iron, let it cool down , spay it , wait 10 mins and then plug it back in.
I would need to get 7 diff irons !!

And last but not the least..This one got to me also.

We use to have boxes of files for each client that they either took home with them and brought them back or they left them at the salon with thier name on them. These files were their own personal ones and not used on anyone else. We sanitize them between each use.

The cosmetology board has now declared that we cannot not do that anymore. But we are still able to use sanitize-able files

 

[beautynails]

There is no licensing in Australia. I have just registered my salon, gotten public liability insurance etc and not one person has even asked if I'm qualified to provide this service (I am qualified btw).
I was asked about my qualifications & experience when I got my insurance, but I didn't show any certificates. Although I suppose if somebody wasn't qualified it would void their insurance.

Anyone off the street could just open up a salon here and start charging the public for treatments.

There is one salon in town that I know of, they do ipl, microdermabraision, laser resurfacing, endermology etc and not a single qualification between them. I know this because they boast about it all the time, that college is a waste of time and money and they just bought the equipment and opened up shop. It makes me so mad, but yet they are making a fortune out of this.
I find this a bit surprising. Most companies that myself or therapists I know have dealt with, ask about qualifications before they will sell or even give out info on that kind of equipment. The training for those machines is generally included in the cost of purchasing.

The only thing is that (most) suppliers will not serve you unless you show qualifications or student enrollment proof, but we all know there are other ways to get our products and equipment.

Thats amazing. In the US in the state of New Jersey Estheticians are no longer permitted to do Microderm, Laser resurfacing, only dermatologists with a doctor on staff!!! ( i think this is overboard)

There has been alot of talk about this. I do wonder if the day will come here when we will have similar restrictions. The same with tooth whitening, there was a big write up about it in the last (I think) Professional Beauty mag. It ahd to do with it being cosmetic dentistry, so beauty therapists shouldn't be allowed to do it.

 

[alpina]

In reply to BeautyNails (wouldn't let me quote your msg):

I agree with you about the product suppliers not selling to the public, but have a look on eBay. Theres everything from steamers to IPL machines, and I'm sure they don't just sell to professionals.

BTW, which insurance company are you with? I'm with elders and they didn't ask about my qualifications.