-IR- Database Guide
-IR- Database: Indiana Register

TITLE 410 INDIANA DEPARTMENT OF HEALTH

Final Rule
LSA Document #22-42(F)

DIGEST

Adds 410 IAC 1-8 to add provisions governing standards of operation for facilities that are not currently licensed as beauty culture salons where eyelash extensions are applied to members of the public. Adds criteria eyelash extension certification programs must meet to be considered a recognized program by the Indiana department of health. Adds education and training requirements for individuals who are not currently licensed estheticians or currently licensed cosmetologists but wish to apply eyelash extensions to members of the public. Effective 30 days after filing with the Publisher.



SECTION 1. 410 IAC 1-8 IS ADDED TO READ AS FOLLOWS:

Rule 8. Operation of Facilities where Eyelash Extensions are Applied


410 IAC 1-8-1 Applicability

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 1. The definitions in this rule apply throughout this rule.
(Indiana Department of Health; 410 IAC 1-8-1; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-2 "Cleaned" defined

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 2. "Cleaned" means removal of all visible dust, soil, or any other foreign material.
(Indiana Department of Health; 410 IAC 1-8-2; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-3 "Contaminated" defined

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 3. "Contaminated" means the presence or reasonably anticipated presence of blood or other potentially infectious materials on an item or surface.
(Indiana Department of Health; 410 IAC 1-8-3; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-4 "Department" defined

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 4. "Department" means the Indiana department of health.
(Indiana Department of Health; 410 IAC 1-8-4; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-5 "Eyelash extensions" defined

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 5. "Eyelash extensions" has the meaning set forth in IC 16-19-3-4.5(a).
(Indiana Department of Health; 410 IAC 1-8-5; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-6 "Facility" defined

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 6. "Facility" means any room, space, or business where eyelash extensions are applied to members of the public.
(Indiana Department of Health; 410 IAC 1-8-6; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-7 "High level disinfection" defined

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 7. "High level disinfection" means a process that destroys all microorganisms but does not necessarily kill bacterial spores.
(Indiana Department of Health; 410 IAC 1-8-7; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-8 "Personal protective equipment" defined

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 8. "Personal protective equipment" means specialized clothing or equipment worn for protection against contact with blood or other potentially infectious materials.
(Indiana Department of Health; 410 IAC 1-8-8; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-9 "Sterilize" or "sterilization" defined

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 9. "Sterilize" or "sterilization" means the use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores.
(Indiana Department of Health; 410 IAC 1-8-9; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-10 "Work unit" defined

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 10. "Work unit" means an individual area, including, but not limited to, chairs, tables, booths, or beds, where eyelash extensions are applied in the facility.
(Indiana Department of Health; 410 IAC 1-8-10; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-11 Scope and purpose

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 11. (a) This rule establishes standards of operation for facilities that are not currently licensed as beauty culture salons where eyelash extensions are applied to members of the public.

(b) Requirements in this rule are applicable to all individuals who are not currently licensed estheticians or currently licensed cosmetologists who wish to practice the application of eyelash extensions for members of the public.

(c) The purpose of this rule is to protect the public from the hazards of unsanitary or unskilled eyelash extension services, including, but not limited to, trauma to or infection of the eyelid or cornea, an allergic reaction to the adhesive, and permanent or temporary loss of eyelashes.
(Indiana Department of Health; 410 IAC 1-8-11; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-12 Certification and training

Authority: IC 16-19-3-4.5

Sec. 12. (a) All individuals who are not currently licensed estheticians or currently licensed cosmetologists and who wish to practice the application of eyelash extensions for the public must obtain a certification from a program recognized by the department.

(b) Programs shall maintain and submit the following documentation to the department to be recognized as a certified program:
(1) Course curriculum that incorporates the standards in this section and section 13 of this rule into its course objectives with an evaluation method to ensure competency of learning program objectives.
(2) Evaluation method that consists of a practicum and written examination.
(A) The individual shall perform an eyelash extension service on a model with an instructor present to ensure the following criteria are met:
(i) The ability to create a map or blueprint to plan out the application procedure.
(ii) The ability to apply one (1) eyelash extension to one (1) natural eyelash.
(iii) The ability to apply the eyelash extension and the adhesive without making contact with the client's skin.
(iv) The ability to apply the appropriate amount of eyelash extensions, in total, on a client.
(v) The ability to complete the service of applying eyelash extension from start to finish in the appropriate amount of time. The time frame should depend on the lash manufacture [sic, manufacturer's] and adhesive manufacture [sic, manufacturer's] recommendations.
(vi) The ability to appropriately utilize tape during an eyelash extension service.
(B) The practicum shall be evaluated on a pass-fail basis. The inability to demonstrate all techniques in subsection (i) [sic, clause (A)] shall constitute a failure.
(C) The written portion of the test shall be designed to incorporate all topics listed in this section. Individuals must obtain a score of 80% or higher on the written examination to pass.
(D) Failure of any portion of the certification examination shall result in a remediation activity consisting of ten (10) hours of additional education before the student reattempts the certification examination.
(i) Remediations should cover gaps in education indicated by the failed certification examination.
(E) Certification examinations shall not be offered to individuals until all 45 hours of training are completed.
(3) Attendance and make-up policy to ensure that an individual has attained the appropriate number of hours of training.
(4) Hiring policy that ensures all instructors hired have at least two (2) years of practical experience in applying eyelash extensions. All certification program instructors must present evidence of eyelash extension training that complies with this rule. Evidence of eyelash extension training shall include the submission of applicable licenses or certifications with the related curriculum or transcript to display eyelash extension specific subject matter.

(c) Certification programs must provide in-person training that includes the following:
  Theory and Demonstration  15 hours   
  Actual Practice  30 hours   
  Total  45 hours   

(d) Certification programs must include training on the following topics:
(1) Proper application techniques for eyelash extensions.
(2) Methods and procedures related to the application of eyelash extensions.
(3) Appropriate sanitization and disinfection.
(4) Prevention of cross-contamination.
(5) Adhesives (including ingredients and contraindications).
(6) Consultation processes for potential clients. All individuals obtaining a certificate to perform the service of eyelash extensions must be familiar with all conditions listed in section 13 of this rule.
(7) Proper safety practices.

(e) A document attesting to the individual's certification must be displayed in a prominent location within the facility.

(f) Program recognition shall be renewed every four (4) years by submitting documentation demonstrating that the program continues to meet the requirements in this rule.

(g) The department may conduct an investigation if it receives information that a program no longer meets the requirements for recognition in this rule. Programs must provide updated information demonstrating compliance to the department upon request.

(h) If after investigation the department finds the program no longer meets the requirements for recognition in this rule, or if the program fails to provide the requested information, the department may remove recognition of the program. Programs may appeal decisions to remove recognition under IC 4-21.5.

(i) In order to continue to be recognized by the department, certification programs approved prior to the effective date of this rule must submit documentation attesting that the certification program meets all requirements in this rule.
(Indiana Department of Health; 410 IAC 1-8-12; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-13 Client consultation

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 13. (a) To protect clients from potential risks, including, but not limited to, trauma to or infection of the eyelid or cornea, an allergic reaction to the adhesive, and permanent or temporary loss of eyelashes, all potential clients must receive a consultation prior to service. All consultations must include both a verbal or written confirmation and a physical observation of the client, using the conditions listed in subsection (b). Any client suspected to have a condition listed in subsection (b) shall be directed to seek consultation with a physician prior to the application of eyelash extensions.

(b) Clients with the following conditions shall be advised to seek consultation with a physician prior to the application of eyelash extensions:
(1) Lack of natural lash hair or very sparse natural lash hairs.
(2) Alopecia areata (a condition that causes full or partial hair loss that can impact eyelashes and eyebrows).
(3) Chemotherapy hair loss.
(4) Mechanically damaged lashes.
(5) Trichotillomania (stress or anxiety-induced urge to pull out one's hair, including eyelashes).
(6) Poor lash health, including short, thin, or fragile lashes.
(7) Allergies to adhesive or adhesive ingredients.
(8) Eye infection.
(9) Recent eye procedure or surgery.
(Indiana Department of Health; 410 IAC 1-8-13; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-14 Responsibilities

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 14. Any individual employed by the facility, or anyone acting on behalf of the facility, who has a reasonably anticipated risk for skin, eye, or mucous membrane contact shall have and use personal protective equipment as required by this rule.
(Indiana Department of Health; 410 IAC 1-8-14; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-15 Policies

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 15. Facility operators shall develop a written policy in compliance with this rule that:
(1) requires the use of gloves when performing the application of eyelash extensions or any other activity or duty that includes any reasonably anticipated skin, eye, or mucous membrane contact;
(2) requires disinfection or sterilization of contaminated reusable items; and
(3) provides sanctions, including discipline and dismissal, if warranted, for failure to adhere to the provided policy.
(Indiana Department of Health; 410 IAC 1-8-15; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-16 Illness

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 16. Individuals practicing the application of eyelash extensions shall refrain from the practice of eyelash extension application if they are experiencing symptoms of acute disease, including, but not limited to, the following:
(1) Diarrhea.
(2) Vomiting.
(3) Fever.
(4) Rash.
(5) Productive cough.
(6) Jaundice.
(7) Draining (or open) skin infections, boils, impetigo, or scabies.
(Indiana Department of Health; 410 IAC 1-8-16; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-17 Single use equipment

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 17. (a) All single use equipment used by an eyelash extension practitioner or present in the work area during the application of eyelash extensions including, but not limited to:
(1) microfiber swabs;
(2) eyelash or mascara wands, or both;
(3) lashes;
(4) adhesive; and
(5) tape;
shall be disposed of after serving each client. Single use items shall not be kept and reused on subsequent clients.

(b) Eyelash extension specialists shall prepare single use quantities of the items in this section in a separate, clean area away from the work unit.
(Indiana Department of Health; 410 IAC 1-8-17; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-18 Water supply

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 18. (a) Hot and cold running water shall be supplied to the facility.

(b) The water supply required in subsection (a) shall be connected with a pressure supply whenever it is available.
(Indiana Department of Health; 410 IAC 1-8-18; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-19 Handwashing and alcohol-based hand rub

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 19. (a) Handwashing facilities and alcohol-based hand rub shall be readily accessible where eyelash extension application is provided.

(b) Hands shall be cleaned immediately before putting on gloves and after removal of gloves or other personal protective equipment. Only single use towels shall be used.

(c) Handwashing shall be conducted with soap and running water when hands are visibly soiled.
(Indiana Department of Health; 410 IAC 1-8-19; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-20 Personal protective equipment

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 20. (a) Disposable gloves, such as surgical or examination type, shall be worn during the eyelash extension application process. Gloves shall be changed and properly disposed of each time there is an interruption in the application of the eyelash extensions, when the gloves become torn or punctured, or whenever the ability to function as a barrier is compromised. Disposable gloves shall not be reused.

(b) Gloves shall be worn when performing equipment sterilization.
(Indiana Department of Health; 410 IAC 1-8-20; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-21 Clean uniforms

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 21. All individuals performing the application of eyelash extensions shall, at all times while serving clients, wear a clean, washable outer garment.
(Indiana Department of Health; 410 IAC 1-8-21; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-22 Floors; walls; furniture

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 22. Floors, walls, and furniture shall be kept clean and sanitary at all times.
(Indiana Department of Health; 410 IAC 1-8-22; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-23 Towels; linens; headbands

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 23. (a) All towels, linens, and headbands that may be used for the application of eyelash extensions shall be clean and stored in a clean and closed cabinet or drawer until use.

(b) Soiled towels, linens, and headbands shall be stored in a covered hamper, and shall not be used for other customers prior to laundering.
(Indiana Department of Health; 410 IAC 1-8-23; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-24 Covered waste receptacle

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 24. There shall be at least one (1) covered waste receptacle located in every work unit.
(Indiana Department of Health; 410 IAC 1-8-24; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-25 Separate room

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 25. (a) Facilities where eyelash extension services are provided shall maintain a separate room for those services. Multiple other services may be provided in the room if eyelash extension application services are not being provided at the same time.

(b) The room required under subsection (a) shall be surrounded by ceiling to floor walls and accessed only by doors that shall remain closed when eyelash extension services are being performed.

(c) The room required under subsection (a) can be utilized to perform services on multiple clients at the same time, provided that adequate work units are in place.
(Indiana Department of Health; 410 IAC 1-8-25; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-26 Seat

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 26. (a) There shall be at least one (1) seat available for each individual performing the application of eyelash extensions on the premises.

(b) There shall be at least one (1) seat or bed for each client receiving eyelash extension services on the premises.
(Indiana Department of Health; 410 IAC 1-8-26; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-27 Utility table

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 27. (a) There shall be at least one (1) utility table for each facility treatment chair or bed on the premises.

(b) As an alternative to the requirement in subsection (a), one (1) continuous countertop may be used.
(Indiana Department of Health; 410 IAC 1-8-27; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-28 Work environment

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 28. (a) No eyelash extension application shall be conducted in any room used as living quarters or in any room that opens directly into living or sleeping quarters.

(b) Live animals shall be excluded from areas where eyelash extensions are being applied. This exclusion does not apply to the following:
(1) Patrol dogs accompanying security or police officers.
(2) In compliance with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), animals classified as service animals under 28 CFR 36.104* (7-1-2021 edition).

(c) Eating, drinking, and smoking shall not be allowed in work areas.

(d) Food and drink shall not be kept in work areas.

(e) All equipment and environmental surfaces shall be cleaned and disinfected between clients.

(f) All work surfaces shall be:
(1) nonabsorbent;
(2) easily cleanable;
(3) smooth; and
(4) free of breaks, open seams, cracks, chips, pits, or similar imperfections.

*This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, online at https://www.ecfr.gov/, or are available for review and copying at the Indiana Department of Health, 2 N. Meridian St., Indianapolis, Indiana 46204.
(Indiana Department of Health; 410 IAC 1-8-28; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-29 Sanitizers; disinfectants

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 29. (a) There must be at least one (1) wet Environmental Protection Agency registered bactericide, viricide, and fungicide disinfectant and one (1) dry sanitizer on the premises.

(b) Each work unit must have at least one (1) wet sanitizer or disinfectant or one (1) dry sanitizer.

(c) Disinfectant solutions shall be:
(1) hospital grade, tuberculocidal Environmental Protection Agency registered disinfectant; or
(2) sodium hypochlorite, five-tenths percent (0.5%) concentration, by volume (common household bleach in ten percent (10%) concentration in water). This solution shall be dated and shall not be used if it is more than twenty-four (24) hours old.
(Indiana Department of Health; 410 IAC 1-8-29; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-30 Reusable equipment

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 30. (a) This section applies to reusable equipment.

(b) All reusable instruments utilized to apply eyelash extensions, including tweezers, at a minimum should undergo a high level disinfection prior to use on a client. Instruments shall be:
(1) washed in a low residue detergent and rinsed to clean off all visible debris prior to disinfection.
(2) disinfected using a Food and Drug Administration approved high level disinfectant.

(c) Sterilization may be used when heat stable, reusable equipment is utilized.

(d) Equipment that is to be sterilized shall be put in single use packaging.

(e) Records must be maintained to document the following:
(1) Duration of sterilization technique.
(2) Determination of effective sterility, such as use of a biological indicator, is performed monthly.
(3) Equipment is maintained as recommended by the owner's manual.

(f) Reusable contaminated equipment shall be:
(1) placed in puncture-resistant containers;
(2) labeled with the biohazard symbol;
(3) leakproof on both sides and bottom; and
(4) stored in a manner that does not require reaching by hand into the container where the equipment is stored until cleaning prior to sterilization.

(g) Sterilized equipment shall not be removed from wrappers or sterilizer packaging until immediately prior to use.

(h) All individuals practicing the application of eyelash extensions shall comply with all equipment manufacturers' recommendations related to sterilization and disinfection.
(Indiana Department of Health; 410 IAC 1-8-30; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


410 IAC 1-8-31 Manufacturers' instructions

Authority: IC 16-19-3-4.5
Affected: IC 16-19-3-4.5

Sec. 31. All equipment and supplies, including, but not limited to, adhesives, used in the application of eyelash extensions, shall be used according to manufacturers' instructions.
(Indiana Department of Health; 410 IAC 1-8-31; filed Sep 7, 2022, 8:53 a.m.: 20221005-IR-410220042FRA)


LSA Document #22-42(F)
Notice of Intent: 20220223-IR-410220042NIA
Proposed Rule: 20220427-IR-410220042PRA
Hearing Held: May 20, 2022
Approved by Attorney General: August 25, 2022
Approved by Governor: September 5, 2022
Filed with Publisher: September 7, 2022, 8:53 a.m.
Documents Incorporated by Reference: 28 CFR 36.104 (7-1-2021 edition)
Small Business Regulatory Coordinator: Laura Parks, Indiana Department of Health, 2 North Meridian Street, Section 3H-99, Indianapolis, IN 46204, (317) 233-9461, lparks@isdh.in.gov

Posted: 10/05/2022 by Legislative Services Agency

DIN: 20221005-IR-410220042FRA
Composed: Dec 07,2023 11:08:54PM EST
A PDF version of this document.