Opponent Testimony on SB 213/HB 227 Before the

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1 Opponent Testimony on SB 213/HB 227 Before the House Government Oversight and Accountability Committee By Summer Fenton, Licensed Managing Esthetician/Licensed Managing Manicurist On May 17, 2016 Chairman Brown, Vice Chair Blessing, Ranking member Clyde and members of the committee, my name is Summer Fenton and I am a Licensed Managing Esthetician since 2001 and a Licensed Managing Manicurist since 2005 in the State of Ohio. I m here today to address concerns I have with SB 213/HB227. They are as follows: 1. The language in the bill suggests making Threading a boutique service. My suggestion is to make a separate licensing category for Hair Removal. At one time if a person wanted to skin care or manicuring, they had to take the entire cosmetology course that involved learning hair. As these services became popular, sub-categories for licensing were created. I believe this is what should happen for hair removal as well. (Example: Manicuring is a 200-hour course; Hair Removal could be a 200-hour course as well.) 2. I keep hearing from Threaders that they learned this skill growing up from their mothers, etc. and that they don t need to pay to go to school or pay licensing fees to practice on the public. Well, many of can attest to the fact that we learned tweezing and how to file and paint our fingernails from our mothers as well, however, this did not prepare us to work on the public. Let me give you a few common examples. Many people file their nails then blow off the fingernail dust with a quick blow of air from the mouth. In

2 school, you are taught that this is not an acceptable practice to use on the public due to the spread of germs from the mouth. Many people will fix a smudge of nail polish on the finger by quickly licking their finger and brushing it lightly over the smudge of polish. Again, in school, you are taught that this is not an acceptable practice to do on the public. Many Threaders are holding the thread in their mouth as they perform the service on the public. This can be easily viewed on youtube, news reports on the internet and also by visiting local threading establishments. Dermatologist Mary Lupo believes that bacteria can travel down the thread. Threaders say that the string in the mouth does not comes in contact with the client, however, I have witnessed Threaders touch the string in the mouth, then use the same hand/fingers and touch the side of the eyebrow and next to the eye of the client. I believe in school that this would be taught as an unacceptable practice just as the examples given for manicuring. Some Threaders tie the string around their neck, again, it is necessary to use a disposable neck tape around a client before putting on a hair cutting cape. Are Threaders saying my mouth and neck are okay and germ-free while clients are treated differently? A dentist cannot hold his tools in his mouth even though the end of the tool is not going to come in contact with your tooth. No other licensed profession allows this unsanitary practice. There is a responsibility when it comes to working on the public. This is even more concerning because as the hairs are being removed from the root, the pore is opened and there is the risk of blood exposure. Also, there is the risk of making tiny cuts in the skin if the Threader accidently catches the skin in the thread. Reviews online from local Threading Establishments note that this is not an uncommon occurrence. Final Analysis: Just because you

3 learned a skill growing up does not qualify you to work safely on the public without proper training and a license. 3. I understand that other states have been sued when it comes to threading. I believe there was a lack of understanding and possibly ignorance as to what threading completely entails. Instead of following a small number of states that have deregulated this type of hair removal, I believe Ohio should be a leader in public safety and knowledge. Other states should follow us. Again, I suggest a separate licensing structure for Hair Removal. I believe if a separate licensing structure is not implemented, this will set precedence for other services on the public without licensure and public safety in mind. Example: Filing and Painting Nails involves a disposable file, Sugaring Hair Removal involves making a paste using sugar. Sugaring is not a wax and also does not involve heating it up. These are just two examples that are no different than Threading when it comes to using disposable implements. 4. Hair Removal for all areas of body is getting extremely popular. Based on the current language, it would not be long until someone challenges threading to go beyond the face or why sugaring is not allowed as well without a license. 5. Most eyebrow services involve trimming long hairs of the eyebrows as well. Are Threaders going to be allowed to use sharp scissors around the face? These scissors would have to be disinfected and stored properly from one client to the next. This is something you are taught in school and tested on by the State Board of Cosmetology before issued a license to work on the public. There are already reviews online where it was witnessed by clients that scissors were used from one client to the next without cleaning. 6. I cannot find one company that is offering liability insurance for Threaders without having an Esthetics or Cosmetology

4 License. Proof of Insurance is required for all drivers in the State of Ohio. I believe Threading needs investigated further before passing legislation that allows a service that is uninsurable by unlicensed individuals. 7. I have concerns regarding the current language of the bill as passed from the Senate. It states: Lines "Threading" includes a service that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of thread and an astringent, if the service does not use chemicals of any kind, wax, or any implements, instruments, or tools to remove hair. My concern is that the "Thread" is being used as an instrument or tool to remove the hair. It is twisted and looped in a manner to form a tool that becomes an effective instrument to remove hair and "Astringent" is a chemical-- *note that it says "chemicals of any kind." Definitions from (OAC) Ohio Administrative Code Definition of board of cosmetology: (W) "Implement" means a type of instrument, usually specially designed to perform a specific service. (AA) "Instrument" means, for purposes of this chapter, implements and equipment designed to provide a specific service. The term "device" may be interchanged with the term "instrument." The chemical formula for water is H2O, which means each molecule of water consists of one oxygen atom chemically bonded to two hydrogen atoms.

5 The chemical formula of isopropyl alcohol is C3H8O, so there are three carbon (C) atoms, eight hydrogen (H) atoms and one oxygen (O) atom. *Hamamelis/Witch Hazel - a liquid extraction from the leaves or bark of this plant mixed with water and alcohol, H2O & C3H8O. Astringent can have other chemicals in it as well. Astringent is definitely a chemical and would have a MSDS Sheet. Only licensed cosmetologists and estheticians can use implements, instruments, or tools and chemicals. These chemicals have Material Safety Data Sheets (MSDS) and are required by licensed professionals to keep on file in a Licensed Salon in order to provide public safety and are referred to in the OAC with required hours for theoretical instruction. Under the current language of the bill, I do not believe this allows Threading without a license. 8. Also, many Threaders use baby powder or a powder on the skin prior to hair removal. This is not mentioned. Powders can have various ingredients that would be used around the eye and necessary training involving chemicals and Material Safety Data Sheets (MSDS) would be necessary in case of accidental exposure to a client s eye. 9. Schools and the State Board of Cosmetology tests students on proper hair removal processes. This involves cleaning and sanitizing the skin before and after hair removal as to not

6 introduce bacteria and viruses to the skin and pores. This is part of the licensure process to work on the public. Boutiques and Boutiques registrants are not receiving this training and testing. Also, there is special threading thread that is anti-bacterial and sanitized. Will these Threading Boutiques use any manufactured thread whether santitized or not? 10. The definition of Boutique, a business that serves a sophisticated or specialized clientel is deceptive to the public. I do not believe it is sophisticated to be provided a service by someone who is not licensed or trained properly, holds a string in their mouth and is uninsurable. 11. Under The State Board of Cosmetology 4 Hour CE Course for Amnesty Program it states, "The media has brought forth awareness that there can be dangers lurking in the salons the public trust to be safe. Methicillin Resistant Staphylococcus (MRSA), Hepatitis (HBV), HIV, Tuberculosis (TB), Fungus, and the common cold are among the list of infectious diseases that proper infection control procedures in a salon can help prevent." Many proponents of the bill state how healthy salons are and that you don t hear of many incidents of disease and infections. With the media bringing these issues up, changes were made. I believe that S.B. 213/H.B. 227 threatens the safety of the public and even the unlicensed, uneducated registered person by allowing Threading under Boutique Services. Licensed professionals have learned and been tested on bacteria, viruses, and fungal diseases, sanitation, and disinfection and how to keep a salon safe for the public and themselves.

7 At a minimum, I suggest creating a separate license for Hair Removal with a required amount of hours for schooling. This would be a win-win for schools, students, businesses, and the public. Thank you for your consideration of my ideas. If you have any questions, I would be happy to address them. Summer Fenton Licensed Managing Esthetician Licensing Managing Manicurist 7525 Plumb Rd. Galena, OH summerbfenton@yahoo.com