Department of State Division of Publications 312 Rosa L. Parks Avenue, 8th Floor Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: publlcations. lnformatlon@tn.gov

For Department of State Use Only

Sequence Number: 03 ,.07-J '7 Rule ID(s): (qt-[:'j 7-(oJ./5'ir File Date: ~qJ/7

Effective Date: /4 /'7 /1'7 --.,,....,'--'-+-, :........;.. __

Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing (Tenn. Code Ann. § 4-5-205) .

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to § 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121 (b) .

Agency/Board/Commission: Division:

Tennessee Board of Cosmetology and Barber Examiners

Regulatory Boards Contact Person:

Address: Zip:

Phone: Email:

Cherrelle Hooper, Assistant General Counsel

500 James Robertson Parkway, Nashville, TN

37243 615-741-3072

cherrelle. hooper@tn.gov

Revision Type (check all that apply): X Amendment

New __ Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)

Chc!J>.!~r Number 0440-02 Rule Number -- --

0440-02-.01 0440-02-.03 0440-02-.13

Cha ter Title Sanitary Ru_le_s ___ _ Rule Title

1 Definitions

I Res~onsibill for Compliance Sanitation and Disinfection

Chapter Number I Chapter Title I 0200-03 I Sanitarv Requirements 1 Rule Number Rule Title .__, 0_2_0_0_-0_3_-_.1_4_====1 =R=.e-s"-.~=o-=_n-s-ib-il-itv- fo_r_C_o_m_plianc~

SS-7039 (June 2016) RDA 1693

l

Chapter 0440-02 Sanitary Rules

Amendments

Rule 0440-02-. 01 Definitions is amended by adding the new subparagraph (d) so that, as amended, the rule shall read :

(1) As used in this Chapter, unless the context requires otherwise, the definitions of terms contained in T.C.A. § 64-4-102 are applicable. In addition:

(a) "Establishment" means any cosmetology, manicure, skin care or natural hair stylist shop or school of cosmetology;

(b) "Licensee" means any person holding a valid license (issued by the Board) as a cosmetologist, manicurist, aesthetician, shampoo/manicurist, instructor, natural hair stylist or shampoo technician ;

(c) "Shampooing" is cleansing of hair and scalp and includes:

1. brushing and combing;

2. rinsing (includes removal of color, permanents, relaxers and conditioners) ;

3. conditioning (applying) ;

(d) "Aesthetics", as it is practiced and taught, includes:

1. Care of the skin, including:

(i) hot compresses;

(ii) massages of the face, hands, feet, and scalp;

(iii) facials and masks that do not require prescriptions unless there is medical supervision ;

(iv) wraps;

(v) exfoliation of the uppermost layers of the skin; and

(vi) use of electrical or mechanical appliances or chemical compounds.

2. Removal of superfluous hair by all customary means not including electrolysis.

(e) "Shop" means a cosmetology shop, manicure shop, skin care shop or natural hair styling shop.

(f) "Unprofessional Conduct" shall include, but not be limited to failure to respond or comply with a board issued request or lawful order.

(g) "Violation" means any breach or failure to abide by the statutes, rules and orders enforceable by the Tennessee State Board of Cosmetology and Barber Examiners and any unprofessional conduct by any individual or entity licensed or required to be licensed under the Tennessee Cosmetology Act.

Authority: T. C.A §§ 62-4-102 and 62-4-105( e ).

SS-7039 (June 2016) 2 RDA 1693

Rule 0440-02-.03 Responsibility for Compliance is amended by deleting the text of the rule and substituting, instead, the following language so that, as amended, the rule shall read :

(1) The manager of an establishment shall be responsible for maintaining all parts thereof in a sanitary condition at all times, and for otherwise insuring that such establishment is operated in compliance with this Chapter. However, this rule shall not relieve any licensee of responsibility for the sanitary condition of any space or equipment used in an establishment.

(2) The manager or designated manager of a cosmetology, manicure, skin care, or natural hair stylist shop shall be required to be present on the shop premises any day that cosmetology, manicure, skin care, or natural hair stylist services are being rendered .

(a) The manager is entitled to two (2) thirty (30) minute periods in which he/she may be away from the premises during the day so long as the manager is reachable by phone and can return to the shop within twenty (20) minutes in the event that a representative of the Board requests their presence, an employee or customer requires assistance, or for any other situation that would require the manager's presence.

(b) The manager's name must be posted and their license number must be available to any employee or customer of the shop. The manager or designated manager shall not be relieved of responsibility for compliance during those times when the manager is away from the premises.

(3) The shop manager must be licensed by this board for at least one (1) discipline that the shop is licensed to offer. Managers may manage employees across disciplines. This rule shall not interfere with the statutory requirements that each licensee may only offer those services they are licensed to practice, and licensees are only practicing those services that the shop is licensed to offer.

Authority: T.C.A §§ 62-4-102, 62-4-105(e), 62-4-118, and 62-4-119.

Rule 0440-02-.13 Sanitation and Disinfection is amended by adding the following as a new paragraph:

(12) If a cosmetologist uses a safety razor, each new customer must be treated with a new disposable razor or blade, if the blade is detachable from the handle.

Authority: T.C.A §§ 62-4-105(e) and 62-4-125.

Chapter 0200-03 Sanitary Rules

Amendments

Rule 0200-03-.14 Responsibility for Compliance is amended by adding the following language so that, as amended, the rule shall read :

(1) The manager of an establishment shall be responsible for maintaining all parts thereof in a sanitary condition at all times, and insuring that such establishment is operated in compliance with this Chapter. However, this rule shall not relieve any licensee of responsibility for the sanitary condition of any space or equipment used in an establishment.

(2) The manager or designated manager of an establishment shall be required to be on the premises at all times barber related services are being rendered .

(a) The manager is entitled to two (2) thirty (30) minute periods in which he/she may be away from the premises during the day so long as the manager is reachable by phone and can return to the shop within twenty (20) minutes in the event that a representative of the Board requests their

SS-7039 (June 2016) 3 RDA 1693

presence, an employee or customer requires assistance, or for any other situation that would require the manager's presence.

(b) The manager's name must be posted and their registration number must be available to any employee or customer of the shop. The manager or designated manager shall not be relieved of responsibility for compliance during those times when the manager is away from the premises.

(3) The shop manager must be licensed by this board for at least one (1) discipline that the shop is licensed to offer. Managers may manage employees across disciplines. This rule shall not interfere with the statutory requirements that each licensee may only offer those services they are licensed to practice, and licensees are only practicing those services that the shop is licensed to offer.

Authority: T.C.A §§ 62-3-109 and 62-3-128

SS-7039 (June 2016) 4 RDA 1693

* If a roll-call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows:

Board Member Aye No Abstain Absent Signature (if required)

Kellv Barger X Anita Charlton X Nina Coppinqer X Bobby Finger X Frank Gambuzza X Brenda Graham X Judy McAllister X Patricia Richmond X Mona Saooenfield X Amy Tanksley X Ron Gillihan X Yvette Granger X

I certify that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted by the Tennessee Board of Cosmetology and Barber Examiners on December 12. 2016 and is in compliance with the provisions of T.C.A. § 4-5-222.

I further certify the following:

Notice of Rulemaking Hearing filed with the Department of State on: (10-20-16)

Rulemaking Hearing(s) Conducted on: (add more dates). (12-12-16)

Date:

Signature:

\\\\tllll/1111,, ,/'''~1.SMAN 11

111,1,

_ ·°(.~~ •• -···::,······ '\ Title of Officer: Assistant General Counsel ~ , O"' ,,_ • '::- __ ..;,,.;.;____;_ ___ _:___:__ _ ___________ _ ~ltJ1• ~v ... ~

J~! A...~"v0~<F' : ~ij t£~1\ l::>\ ~~~~o~~vo ?~· : ~ ibed and sworn to before me on: 14J J ~ ~ •• ~ .,,.;s • ~ , .. , ti ~ . ~ ·o s .'j " %: '•,,, ... , •• ,·~f·i?/ Notary Public Signatur: : ~

~,,, S\J\liS ~,,~ .-: : I I ":,~;'.~~~iY. ·.· My commission expires on: '~'~~d..~'~~/_<"")~-------------

Name of Officer: Cherrelle Hooper

SS-7039 (June 2016) 5 RDA 1693

All rulemaking hearing rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

0440-02-.01 Definitions 0440-02-.03 Responsibility for Compliance 0440-02-.13 Sanitation and Disinfection 0200-03-.14 Responsibility for Compliance

Department of State Use Only

Filed with the Department of State on: :3 Jq J I '7 --- - ----">L-1-, --'-'--'--"'--------

Lw l-o<!; ~(/')

{/) > .... : :c 'LC) CL C:>i--

G;c..... u u..J (f)

SS-7039 (June 2016) 6

Effective on: _____ ~_./_7..,_.~""'"f_ot.+"T""-J:--,-----

1 Tre Hargett Secretary of State

RDA 1693

Public Hearing Comments

One copy of a document containing responses to comments made at the public hearing must accompany the filing pursuant to T.C.A. § 4-5-222. Agencies shall include only their responses to public hearing comments, which can be summarized. No letters of inquiry from parties questioning the rule will be accepted. When no comments are received at the public hearing, the agency need only draft a memorandum stating such and include it with the Rulemaking Hearing Rule filing. Minutes of the meeting will not be accepted . Transcripts are not acceptable. ·

1. Mr. Marquise Martin made a comment in the form of a question. Specifically, he wanted to know whether the proposed rules would impact the curriculum of schools or otherwise change the manner in which schools teach.

Board Response: The Board responded to the comment by stating that the proposed rules would not impact the curriculum of schools or otherwise change the manner in which schools teach.

SS-7039 (June 2016) 7 RDA 1693

Regulatory Flexibility Addendum

Pursuant to T.C.A. §§ 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business.

1. The type or types of small business and an identification and estimate of the number of small businesses subject to the proposed rule that would bear the cost of, or directly benefit from the proposed rule;

The proposed rules will affect the 8,652 licensed barber and cosmetology shops in Tennessee. The vast majority of these shops are considered small businesses.

2. The projected reporting , record keeping and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record;

These rules do not create any new schedules or deadlines for reporting compliance. No new professional skills will be required by any licensee to administer these new rules.

3. A statement of the probable effect on impacted small businesses and consumers;

The effect on small businesses will be positive. These rules create more flexibility for managers which in turn will make it easier for them to hire competent managers. These rules will also give shops a clearer definition of aesthetics. These effects will be positive for consumers as well. It should lead to better managed shops and allow consumers of aesthetics practice to be more knowledgeable on the practices they can expect from licensed professionals.

4. A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business;

There are no less burdensome, less intrusive or less costly methods of achieving the purpose of these proposed rules. The rules that are proposed will actually create less of a burden on many licensed professionals and small businesses.

5. A comparison of the proposed rule with any federal or state counterparts; and

There is no federal counterpart to the proposed rules. North Carolina, Ohio and Kentucky have similar rules regarding managers. The proposed rules most similarly reflect Ohio's framework, but also include elements of the other two states in regulating managers.

6. Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule.

The overwhelming majority of businesses that are affected by these rules are small businesses. Therefore, allowing separate compliance requirements would not be feasible. These rules do not create any new schedules, deadlines, or reporting compliance. These rules were created to accommodate small businesses in Tennessee.

SS-7039 (June 2016) 8 RDA 1693

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly)

There is no expected impact on local governments by the promulgation of the proposed rules.

SS-7039 (June 2016) 9 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to TC.A § 4-5-226(i)(1 ).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

0440-02-.01- Amends the definition of aesthetics.

0440-02-.03- Allows a manager or designated manager to be away from a shop for work breaks. Requires manager's name and license number to be posted and available to any employee or customer. Allows the manager to manage employees across disciplines if the manager is licensed in at least one discipline that the shop is licensed to offer.

0440-02-.13- Adds requirement that if a cosmetologist uses a safety razor, each new customer must be treated with a new disposable razor or blade, if the blade is detachable from the handle.

0200-03-.14- Allows a manager or designated manager to be away from a shop for work breaks. Requires manager's name and registration number to be posted and available to any employee or customer. Allows the manager to manage employees across disciplines as long as the manager is licensed in at least one discipline that the shop is licensed to offer.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

I There are no known federal or state laws or rules requiring the promulgation of these rules.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

There are approximately 10,690 licensed cosmetology shops and barber shops in Tennessee that would be most directly affected by these rules. Neither cosmetology shops or barber shops have taken a position to urge adoption or reiection of these rules in the form of public hearing comments or otherwise.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

There are no known opinions of the attorney general and reporter or any judicial ruling that directly relate to the rule or the necessit to romul ate the rule.

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based . An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

These rules are not expected to have a probable increase or decrease in state or local government revenues and ex enditures from the romul ation of this rule. An fiscal im act would be minimal.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

Cherrelle Hooper Assistant General Counsel

Roxana Gumucio Executive Director

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

SS-7039 (June 2016) 10 RDA 1693

Cherrelle Hooper Assistant General Counsel

Roxana Gumucio Executive Director

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

Cherrelle Hooper Assistant General Counsel 500 James Robertson Parkway Nashville, TN 37243 615-532-0631 Cherrelle. Hooper@tn.gov

Roxana Gumucio Executive Director 500 James Robertson Parkway Nashville, TN 37243 615-532-7081 Roxana.Gumucio@tn.Qov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

None

SS-7039 (June 2016) 11 RDA 1693

Department of State Division of Publications 312 Rosa L. Parks Avenue, 8th Floor Snodgrass/TN Tower Nashville, TN 37243

For Department of State Use Only

Sequence Number:

Phone: 615-741-2650 Rule ID(s):

Email: publ ications_information@tn .gov File Date:

Effective Date: --------

Rulemaking Hearing Rule(s) Filing Form (Redline) Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing (Tenn. Cade Ann. § 4-5-205).

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, fallowing the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to§ 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121 (b).

Agency/Board/Commission: Tennessee Board of Cosmetology and Barber Examiners Regulatory Boards Division:

Contact Person: Address:

Zip: Phone: Email:

Cherrelle Hooper, Assistant General Counsel 500 James Robertson Parkway, Nashville, TN 37243 615-741-3072 cherrelle. hooper@tn .gov

Revision Type (check all that apply): X Amendment

New __ Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)

Chapter Number 0440-02 Rule Number 0440-02-.01 0440-02-.03 0440-02-.13

1 Chapter Number 0200-03 Rule Number 0200-03-.14

Cha~ter Title Sanitary Rules ---Rule Title Definitions

1 Responsibility for Compliance Sanitation and Disinfection

Chapter T_i_tl_e __ Sanitary Requirements Rule Title

---------- __ _J

-------------,

-~------------ResRonsibilit~ for Compliance -----------------------~

SS-7039 (June 2016) RDA 1693

Chapter 0440-02 Sanitary Rules

Amendments

Rule 0440-02-.01 Definitions is amended by adding the new subparagraph (d) so that, as amended, the rule shall read:

(1) As used in this Chapter, unless the context requires otherwise, the definitions of terms contained in +eAR,­Code Ann . T.C.A. § 64-4-102 are applicable. In addition:

(a) "Establishment" means any cosmetology, manicure, skin care or natural hair stylist shop or school of cosmetology;

(b) "Licensee" means any person holding a valid license (issued by the Board) as a cosmetologist, manicurist, aesthetician, shampoo/manicurist, instructor, natural hair stylist or shampoo technician ;

(c) "Shampooing" is cleansing of hair and scalp and includes:

(d)

1. brushing and combing;

2. rinsing (includes removal of color, permanents, relaxers and conditioners);

3. conditioning (applying);

"Aesthetics", as it Is practiced and taught, includes:

1.

2.

Care of the skin, including:

(i)

(ii)

(ii i)

(iv)

(v)

(vi)

hot compresses,

massages of the face, hands, feet. and scalp,

facials and masks that do not require prescriptions un less there is medical supervision;

wraps:

exfollation of the uppermost layers of the skin: and

use of electrical or mechanical appliances or chemical compounds.

Removal of superfluous hair by all customary means not including electrolysis.

@). "Shop" means a cosmetology shop, manicure shop, skin care shop or natural hair styling shop.

ill "Unprofessional Conduct" shall include, but not be limited to failure to respond or comply with a board issued request or lawful order.

"Violation" means any breach or failure to abide by the statutes, rules and orders enforceable by the Tennessee State Board of Cosmetology and Barber Examiners and any unprofessional conduct by any individual or entity licensed or required to be licensed under the Tennessee Cosmetology Act.

Authority: T.C.A §§ 62-4-102 and 62-4-105(e) .

Rule 0440-02-.03 Responsibility for Compliance is amended by deleting the text of the rule and substituting,

SS-7039 (June 2016) 2 RDA 1693

instead, the following language so that, as amended, the rule shall read :

(1) The manager of an establishment shall be responsible for maintaining all parts thereof in a sanitary condition at all times, and for otherwise insuring that such establishment is operated in compliance with this Chapter. However, this rule shall not relieve any licensee of responsibility for the sanitary condition of any space or equipment used in an establishment.

(2) +Re manager or designated manager of a cosmetology, manim,re, skin care or natura l l:laif st;illst sl:lop shall be required to l:>e present-eA-tl=le-shop premises at all times cosmetolegy related, aesthetic or natural hairstyling ser:vwes are being rendered. The manager or designated manager of a cosmetology, manicure, skin care, or natural hair stylist shop shall be required to be present on the shop premises any day that cosmetology, manicure, skin care, or natural hair stylist services are being rendered.

(3)

(a)

(b)

The manager is entitled to two (2) thirty (30) minute periods in wh ich he/she may be away from the premises during the day so long as the manager is reachable by phone and can return to the shop within twenty (20) minutes in the event that a representative of the Board requests their presence, an employee or customer requires assistance. or for any other situation that would requ ire the manager's presence

The manager's name must be posted and their license number must be available to any employee or customer of the shop. The manager or designated manager shall not be re lieved of responsibility for compliance during those times when the manager is away from the premises.

The shop manager must be licensed by th is board for at least one (1) discipline that the shop is licensed to offer. Managers may manage employees across disciplines. This ru le shall not Interfere with the statutory requirements that each licensee ma'{ only offer those services they are licensed to practice. and licensees are only practicing those services that the shop is licensed to offer.

Authority: T.C.A §§ 62-4-102. 62-4-105(e), 62-4-118, and 62-4-119.

Rule 0440-02-.13 Sanitation and Disinfection is amended by adding the following as a new paragraph:

(12) If a cosmetologist uses a safety razor, each new customer must be treated with a new dlsposable razor or blade, if the blade is detachable from the handle.

Authority: T.C.A §§ 62-4-105(e) and 62-4-125.

SS-7039 (June 2016)

Chapter 0200-03

3 RDA 1693

Sanitary Rules

Amendments

Rule 0200-03-.14 Responsibility for Compliance is amended by adding the following language so that, as amended, the rule shall read:

(1) The manager of an establishment shall be responsible for maintaining all parts thereof in a sanitary condition at all times, and insuring that such establishment is operated in compliance with this Chapter. However, this rule shall not relieve any licensee of responsibility for the sanitary condition of any space or equipment used in an establishment.

(2) The manager or designated manager of an establishment shall be required to be on the premises at all times barber related services are being rendered.

(3)

{a)

{b)

The manager is entiUed to two (2) th irty {30) minute periods in which he/she may be away from the premises during the day so long as the manager is reachable by phone and can return to the shop with in twenty (20) minutes In the event that a representative of the Board requests thei r presence, an employee or customer requires assistance. or for any other situation that would require the manager's presence.

The manager's name must be posted and their registration number must be available to any employee or customer of the shag. The manager or designated manager shall not be relieved of responsibility for compliance during those times when the manager Is away from the premises.

The shop manager must be licensed by th is board for at least one (1) discipline that the shop is licensed to offer. Managers may manage employees across disciplines. This ru le shall not Interfere with the statutory requirements that each licensee may only offer those services they are licensed to practice, and licensees are only practicing those services that the shop is licensed to offer

Authority: T.C.A §§ 62-3-109 and 62-3-128

SS-7039 {June 2016) 4 RDA 1693

* If a roll-call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows:

Board Member Aye No Abstain Absent Signature (if reQuired)

Kelly Barqer X Anita Charlton X Nina Coooinqer X Bobby Finger X Frank Gambuzza X Brenda Graham X Judy McAllister X Patricia Richmond X Mona Saooenfield X Amy Tanksley X Ron Gillihan X Yvette Granc:ier X

I certify that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted by the Tennessee Board of Cosmetology and Barber Examiners on December 12, 2016 and is in compliance with the provisions of T.C.A. § 4-5-222.

I further certify the following:

Notice of Rulemaking Hearing filed with the Department of State on: (10-20-16)

Rulemaking Hearing(s) Conducted on: (add more dates). (12-12-16)

Date: ----------------------Signature: .;__ ____________________ _

Name of Officer: Cherrelle Hooper

Title of Officer: Assistant General Counsel

Subscribed and sworn to before me on: ------------------Notary Public Signature: _________________ _

My commission expires on: _________________ _

SS-7039 (June 2016) 5 RDA 1693

All rulemaking hearing rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

0440-02-.01 Definitions 0440-02-.03 Responsibility for Compliance 0440-02-.13 Sanitation and Disinfection 0200-03-.14 Responsibility for Compliance

Department of State Use Only

Herbert H. Slatery Ill Attorney General and Reporter

Date

Filed with the Department of State on: _____ _____ _ ___ _

Effective on :

SS-7039 (June 2016) 6

--- --- ---------

Tre Hargett Secretary of State

RDA 1693

Public Hearing Comments

One copy of a document containing responses to comments made at the public hearing must accompany the filing pursuant to T.C.A. § 4-5-222. Agencies shall include only their responses to public hearing comments, which can be summarized. No letters of inquiry from parties questioning the rule will be accepted. When no comments are received at the public hearing, the agency need only draft a memorandum stating such and include it with the Rulemaking Hearing Rule filing. Minutes of the meeting will not be accepted. Transcripts are not acceptable.

1. Mr. Marquise Martin made a comment in the form of a question. Specifically, he wanted to know whether the proposed rules would impact the curriculum of schools or otherwise change the manner in which schools teach.

Board Response: The Board responded to the comment by stating that the proposed rules would not impact the curriculum of schools or otherwise change the manner in which schools teach .

SS-7039 (June 2016) 7 RDA 1693

Regulatory Flexibility Addendum

Pursuant to T.C.A. §§ 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business.

1. The type or types of small business and an identification and estimate of the number of small businesses subject to the proposed rule that would bear the cost of, or directly benefit from the proposed rule;

The proposed rules will affect the 8,652 licensed barber and cosmetology shops in Tennessee. The vast majority of these shops are considered small businesses.

2. The projected reporting , recordkeeping and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record;

These rules do not create any new schedules or deadlines for reporting compliance. No new professional skills will be required by any licensee to administer these new rules.

3. A statement of the probable effect on impacted small businesses and consumers;

The effect on small businesses will be positive. These rules create more flexibility for managers which in turn will make it easier for them to hire competent managers. These rules will also give shops a clearer definition of aesthetics. These effects will be positive for consumers as well. It should lead to better managed shops and allow consumers of aesthetics practice to be more knowledgeable on the practices they can expect from licensed professionals.

4. A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business;

There are no less burdensome, less intrusive or less costly methods of achieving the purpose of these proposed rules. The rules that are proposed will actually create less of a burden on many licensed professionals and small businesses.

5. A comparison of the proposed rule with any federal or state counterparts; and

There is no federal counterpart to the proposed rules. North Carolina, Ohio and Kentucky have similar rules regarding managers. The proposed rules most similarly reflect Ohio's framework, but also include elements of the other two states in regulating managers.

6. Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule.

The overwhelming majority of businesses that are affected by these rules are small businesses. Therefore, allowing separate compliance requirements would not be feasible. These rules do not create any new schedules, deadlines, or reporting compliance. These rules were created to accommodate small businesses in Tennessee.

SS-7039 (June 2016) 8 RDA 1693

Impact on Local Governments

Pursuant to TC.A.§§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn. us/sos/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly)

There is no expected impact on local governments by the promulgation of the proposed rules.

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Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1 ).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

0440-02-.01- Amends the definition of aesthetics.

0440-02-.03- Allows a manager or designated manager to be away from a shop for work breaks. Requires manager's name and license number to be posted and available to any employee or customer. Allows the manager to manage employees across disciplines if the manager is licensed in at least one discipline that the shop is licensed to offer.

0440-02-.13- Adds requirement that if a cosmetologist uses a safety razor, each new customer must be treated with a new disposable razor or blade, if the blade is detachable from the handle.

0200-03-.14- Allows a manager or designated manager to be away from a shop for work breaks. Requires manager's name and registration number to be posted and available to any employee or customer. Allows the manager to manage employees across disciplines as long as the manager is licensed in at least one discipline that the shop is licensed to offer.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

I There are no known federal or state laws or rules requiring the promulgation of these rules.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

There are approximately 10,690 licensed cosmetology shops and barber shops in Tennessee that would be most directly affected by these rules. Neither cosmetology shops or barber shops have taken a position to urge adoption or rejection of these rules in the form of public hearing comments or otherwise.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

There are no known opinions of the attorney general and reporter or any judicial ruling that directly relate to the rule or the necessit to romul ate the rule.

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based . An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

These rules are not expected to have a probable increase or decrease in state or local government revenues and ex enditures from the romul ation of this rule. An fiscal im act would be minimal.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

Cherrelle Hooper Assistant General Counsel

Roxana Gumucio Executive Director

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

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Cherrelle Hooper Assistant General Counsel

Roxana Gumucio Executive Director

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

Cherrelle Hooper Assistant General Counsel 500 James Robertson Parkway Nashville, TN 37243 615-532-0631 Cherrelle. Hooper@tn.gov

Roxana Gumucio Executive Director 500 James Robertson Parkway Nashville, TN 37243 615-532-7081 Roxana.Gumucio@tn.gov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

None

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