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Notice of Effective Date for New Rules of the
Tennessee Board of Cosmetology and Barber Examiners
Pursuant to Tenn. Code Ann. § 4-3-1306(d), you are receiving this notice because you have elected to receive notification by e-mail of certain changes or potential changes to the law applicable to your profession.
The Tennessee Board of Cosmetology and Barber Examiners approved the proposed rules at the rulemaking hearing conducted on October 3, 2022. The rules were filed with the Secretary of State on October 16, 2023, and will become effective January 14, 2024. The rules have been filed as Rulemaking Hearing Rules and will be promulgated ninety (90) days from the filing date.
These rules remove the requirement for shops to maintain a sharps container as part of the equipment required for shops. The purpose behind this change is most shops do not offer services which require use of sharps containers and requiring a sharps container is excessively burdensome to licensees to purchase and maintain. The rules also grant the Executive Director the authority to waive equipment requirements for shops offering limited services. Limited-service shops are distinguished from full-service shops as they offer a smaller selection of services. The purpose behind this change is to allow flexibility in equipment requirements for limited-service shops such that limited-service shops will only be required to purchase and maintain equipment needed for the services offered. The current rules require all shops to have the same equipment regardless of services provided. This results in unnecessary equipment requirements for shops providing limited services that often comes at considerable expense. Under the new rules, a request for such a waiver must be made in writing by the applicant and specifically identify the equipment that the applicant desires to omit and must include the reasons that the omitted equipment is not necessary for the limited services provided. This change will reduce burden on shops offering limited services by only requiring the equipment needed to perform the limited services. The rules also provide essential clarification in terminology such as replacing “sterilize” with “disinfectant” and “blood exposure kits/blood spill kits” with “first aid kits” to make the language more appropriate for the industry.
A full copy of these rules can be viewed online at: https://publications.tnsosfiles.com/rules_filings/10-19-23.pdf.
If you have any questions or concerns regarding the rules, please contact Jesse Gentry, Chief Counsel, at (615) 741-5898 or electronically at jesse.gentry@tn.gov.
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