Board of Cosmetologists Minutes November 3, 2008

A meeting of the State Board of Cosmetologists was held on Monday, November 3, 2008 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. Carmel Owens, Industry Member

Ms. Clairee Britt-Cockrum, Industry Member

Ms. Maxine Sisserman, School Owner Member

Mr. Phillip Mazza, Industry Member

Ms. Ellen Trujillo, Industry Member

Also in attendance:

Mr. Bruce Spizler, Senior Assistant Attorney General

Mr. Robert Wood, Executive Director

Mr. Brian Logan, Assistant Executive Director

Ms. Kecha Dunn, Board Secretary

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 amendments. Ms. Owens seconded the motion; and the Board voted unanimously to approve.

Minutes

On a motion made by Ms. Sisserman and seconded by Ms. Owens, the Board voted unanimously to approve the October 6, 2008 minutes as amended.

Informal Conference – Conviction

An informal conference was scheduled for Ms. Kathy McFadden, who submitted an application for a license as a Cosmetologist and disclosed a previous criminal conviction on the application. Ms. McFadden failed to appear, and a motion was made by Mr. Mazza and seconded by Ms. Cockrum to reschedule Ms. McFadden for another informal conference, the Board voted unanimously.

Waiver request

Ms. Roxanne Beaver, shop owner, petitioned the Board to allow a dog to be kept on the premises of the salon since the salon is located within a nursing home facility and provides therapeutic relaxation to the residents. After the Board reviewed Ms. Beaver’s request, a motion was made by Ms. Trujillo and seconded by Ms. Owens to deny the request of Ms. Beaver noting sanitary concerns with having an animal in a salon but noting that the animal would not be restrictive to the nursing facility itself. The Board voted unanimously.

Waiver of late fee

Ms. Theresa Howard, licensed as a cosmetologist since 1988, petitioned the Board for a waiver of the late fee regarding the renewal of her license. After the Board reviewed Ms. Howard’s documents, a motion was made by Ms. Cockrum to deny the request for a waiver of the late fee; the motion was seconded by Ms. Trujillo; and the motion was passed unanimously.

Formal Hearing – COSM080292 – Nghi Ngoc Tat

A formal Hearing was held in regards to Nghi Ngoc Tat (Respondent-Complaint COSM080275). Ms. Tat had submitted an application for a cosmetologist license. It was discovered that Ms. Tat had previously held a cosmetologists license by the Board but was then revoked when it was discovered that the license had been fraudulently obtained in violation of Business Occupations and Profession Article, Annotated Code of Maryland Title 5-314(a)(1)(i) and (iv). Although the Respondent was given proper notice of the time, date, location and subject matter of a hearing before the Board, the Respondent failed to appear at the hearing. The Board proceeded to conduct the hearing in the absence of the Respondent regarding their request for licensure. Assistant Attorney General Eric London was Presenter of Evidence. After reviewing evidence and conducting its deliberations, the Board decided to deny the Respondents application for licensure.

Request to Board Office

Board member Maxine Sisserman request that for future meetings, 15 minutes be allocated prior to start to allow for approval of the agenda and approval of the minutes. The Board also requested that all Informal be scheduled all at one (1) time or from 9:00 a.m. – 11:00 a.m. The new agenda schedule will be implemented starting January 2009.

Citation Update

Mr. Logan explained that the Citation Program is still being completed. At this time online payment processing is being discussed and a meeting with IBM will take place. Mr. Logan also advised that proposals are being reviewed, and Mr. Stanley Botts, Commissioner and Mr. Harry Loleas, Deputy Commissioner will approved the final proposal. Mr. Logan advised that the Administration is hoping to have the process in place by Spring of 2009. Ms. Wallace advised that the Board would like something to be kept in writing during the citation meetings so that the Board can review the progress.

Maryland Higher Education – Update

At the Board’s previous meeting, they were made aware that curriculums for schools should be approved through Maryland Higher Education (MHEC) in conjunction with the Board, and they had not been doing so. Mr. Logan will draft a letter to MHEC advising them of the Law; however he did notify the testing company of the schools that were previously approved by the Board that should have gone through MHEC.

Sunset Review – Update

Mr. Logan advised the Board that the Sunset Report for the Barber Board has now been completed and the Legislative Analyst is now completing the Sunset Report for the Cosmetologists Board. Once the report has been completed, a copy will be sent to the administration to respond back on.

Executive Session

A motion was made by Ms. Owens and seconded by Ms. Sisserman to go into Executive Session at 11:05 a.m., to obtain advice of counsel regarding late fees, press protocols and personnel matters. The Board voted unanimously.

Open Session

A motion was made by Ms. Sisserman and seconded by Ms. Trujillo to return to open session at 11:35 a.m.

Ms. Wallace explained that during Executive Session advice was sought from counsel for late fees and if the Board has authority to waive them, however according to the Annot. Code of MD §5-312 (a) The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license if the individual:

1.  applies to the Board for reinstatement within 5 years after the license expires;

2.  meets the renewal requirements; and

3.  pays to the Board a reinstatement fee established by the Board.

According to the Annot. Code of MD §5-312 (b) If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 5 years after the license has expired, the Board shall reinstate the license only if the individual:

1.  meets the renewal requirement;

2.  passes the examination required by the Board; and

3.  pays to the Board a reinstatement fee established by the Board.

Therefore a motion was made by Ms. Sisserman and seconded by Ms. Owens that the Board has no discretion in the law or regulations that would allow them to waive any late fees for licenses fro any reason. Board directed staff to advise any new inquiries of the Board’s decision not to waive any late fees regardless of the reason given. Board voted unanimously.

Formal Hearing – COSM080113 – Phong Nguyen (Le Nails & Spa) and COSM080114 (Lee’s Nails and Day Spa)

A formal Hearing was held for Phong Nguyen (Respondent- Complaints COSM08113 and COSM080114), who is listed as the owner for both shops, Le Nails & Spa and Lee’s Nails and Day Spa. The complaints were in reference to violations cited by the Board Inspector for allegedly having unlicensed persons in the shop at times of inspection. Although an individual signed the return for certified mail evidencing the receipt of notice time, date, location and subject matter of a hearing before the Board, the Respondent failed to appear for the hearing. Assistant Attorney General Eric London was Presenter of Evidence. Mr. Eric Nguyen, a representative for the company owned by the Respondent appeared as a witness. After reviewing the evidence and conducting its deliberations, the Board concluded that the Respondent had violated the statutory and regulatory provisions as alleged. Accordingly, the Board ordered that in Complaint COSM080113, the Board impose a fine of $600.00 and ordered that the Respondents permit be suspended for 7 days; from December 18, 2008 up to and including December 24, 2008. In addition the Board further ordered in Complaint COSM080114, the Board impose a fine of $300.00 and suspended the Respondents permit for 7 days; from December 18, 2008 to and including December 24, 2008. The Board further ordered that the fines be paid in 30 days and the Orders to be sent to the Corporate office.

Fish Pedicure

Dr. Katherine Feldman, Department of Health & Mental Hygiene, State Public Health Veterinarian, met with the Board in regards to fish pedicures. The Board shared their concerns on sanitation procedures and also if fish can transmit infectious diseases to a human and if a human can transmit any diseases to the fish.

Dr. Feldman explained that disease transmission can take place between fish and humans. The diseases are called Zoonoses and Mycobacteria, which can cause tuberculosis in humans. Fish can become carriers of a disease called Fomite, which can also be transmitted to other fish as well as humans. Fish that are kept in an aquarium or a “fish tank” can also have diseases such as Granuloma.

If a hospital grade disinfectant is used for sanitation of the pedicure bowls, the fish may not survive, and when shops dispose of the fish, which may be released into the ocean, flushed down toilets etc.., other diseases of concerns can happen.

Dr. Feldman has spoken to other Government entities and colleagues throughout the United States and her concerns are the fish; how the fish will be disposed of; and how they are being taking care of? Dr. Feldman also made the Board aware that a permit is needed in order to have the fish transported into this Country, because to date, only Turkey has the gara rufa fish.

The Board thanked Dr. Feldman on her expertise and expressed that to date their concerns are to ensure the health, safety and welfare of the public, and because of the sanitation concern and now diseases that could be transmitted during a “fish pedicure”, the Board previously and now has decided that this procedure can not be performed in this State.

Informal Conference – Complaint COSM080264 – Nails Pro

An informal conference was held regarding a beauty salon known as Nails Pro (Complaint number COSM080264).The complainant alleged that, she requested a “gel nail” service paid for it and still received an acrylic nail service. After receiving her service at the salon, she researched online the difference between the services. Mr. Vien Dang, the owner of Nails Pro explained the process, to the satisfaction of the Board, however he did admit to using acrylic with gel overlay and he did not understand the procedure for just the “gel nail” service. The Board gave the procedure process and elected to close the complaint, concluding that there was not a sufficient basis upon which to proceed with any formal action.

Informal Conference – Beauty Culture Apprentice license

Ms. Andrea Bagwell, an Attorney licensed in the District of Columbia representing Mr. David Scott, a former licensed Apprentice, petitioned the Board to approve his completion of the Beauty Culture Apprenticeship program. According to the Board’s record Mr. Scott who was training in the apprentice program in the early 90’s, only completed 17 months. Ms. Bagwell and her client contends that Mr. Scott completed all 24 months and believe they can prove their assertion by viewing the reports that were submitted to the Board. Ms. Bagwell was advised by the Board staff that the reports were no longer available at the Board’s office and due to the length of time and records retention, the records may have been sent to the State Archives. Ms. Bagwell and Mr. Scott explained that they have attempted to contact the Archives department but to no avail.

Although Mr. Scott provided testimony and a witness, the owner of the Salon he had apprenticed in, the Board was desirous to get the actual documents of the monthly reports before rendering its decision. The Board directed Assistant Executive Director, Brian Logan to research and possibly check with the State Archives to see if the documents can be retrieved. The Board further advised if the Board staff is unsuccessful in obtaining the documents from archives to prove the completion of the 24 months, Mr. Scott would still have the option to restart the Apprenticeship program, but will forfeit the months he earned.

Inspections

An inquiry from a Board inspector was brought to the Boards attention. The Inspector questioned the propriety of a Salon Plaza and weather each of the separate booths inside the plaza should be licensed as well. It was explained to the Board that there are a number of facilities that hold a shop owner’s full service permit but the owners lease out smaller rental booths inside the facility for practitioners. Although the entire facility falls under the registration number of the main owner, the question has been raised as some of the booths are purporting themselves to be separate salons inside the plaza. Board member Carmel Owens noted that these facilities do not provide a separate bathroom for each booth rental and use a common area which is shared by the patrons. The Board noted that while a there was no prohibition of booth rentals inside these establishments; ultimately it is the owner of the permit registration that will be held responsible for the activities inside the booths.

Adjournment

There being no further business the meeting adjourned at 5:00 p.m.

Approved By:

Marie Wallace, Chairperson