December 2008
The Advisory Board to the Department of Licensing functions on several levels, not the least of which is to assure the public safety through recommendations of correct, current, and substantive methods of sanitation before, during and after the services provided by our professions. The growing incursions of MRSA, mycobacterium fortuitum, hepatitis C, and so-called “super-bugs,” to name only a few, into the general populations have made this mandate even more important. Recommendations are reviewed by DOL, and those health threats that require increased vigilance are identified by DOL through education, inspections, and regulations.
This being said, the Advisory Board has completed a review of the relatively new practice of “fish pedicures;” this paper states our views and recommendations. It is also noted that, while it may be possible to perform this service in a manner that satisfies our many and various concerns about it, thus far, “fish pedicures” have not done so.
Sanitation: The “tanks” clients put their feet into, containing the fish; require sanitization after each use, per WAC 308-20-110. Any chemical that would adequately kill bacteria would also harm or kill the live fish. The fish themselves are considered “implements,” in that they remove dead skin. Yet, they may not be “sanitized” without also being harmed. “Conditioners” put into the water are not generally bactericidal, or tuberculocidal, or hospital-grade disinfectants.
Furthermore, anything on the feet of the clients, be it dirt or cleansing solution, pathogens or disease, could wind up in the water or in the fish. The fish ingests whatever is present, and then excretes it back into the pedicure water.
Exfoliation: The fish “exfoliate” the feet by “nibbling” dead skin. This method could result in small abrasions and/or cuts, thereby compromising the effectiveness of the barrier function of the skin. This would leave the foot vulnerable to the excrement of the fish, any fungi present, and any bacteria passed along by the fish themselves.
Freedom of Choice: an argument has been made that having this pedicure is an example of freedom of choice, i.e., the clients’ right to choose is seen as outweighing the state’s interest in protecting consumers. However, the Board sees this most clearly as the obligation DOL has to protect the general public. The most direct analogy is the often used: “Your right to freedom of speech stops short at falsely yelling, ’Fire!’ in a crowded movie house.” It is not a personal intrusion as much as it is a health precaution.
MRSA, blood borne pathogens, hepatitis C, mycobacterium fortuitum, (the so called “flesh eating” bacteria), super-bugs, (those increasingly resistant to antibiotics) are all apparently on the rise. DOL and this Board would be derelict in our duty if it were not pointed out that this type of pedicure, using live fish and, inevitably, excrement stained water, may compromise the health of the client.
Cruelty: Several Board members expressed their dismay that the fish could be crushed by feet, and/or poisoned by chemicals. More, that a practice based particularly on shock value that relies on the likely inhumane treatment of a live creature for the dubious sake of “something different” is not acceptable to us as professionals. As a Board we have asked, “Is this right? Does it serve the greater good? Does having a fish pedicure have more value than the potential risk to health?” and our answer is, quite simply, “No.”
The answer is YES! unless you are an employee of the salon…..
Anyone who leases a space and provides cosmetology, barbering, esthetics, or manicuring services in a salon/shop in the state of Washington is required to have a location (salon/shop) license in addition to the operator license. Anyone who provides these services in a mobile unit or as a personal service operator is also required to have a salon/shop license. The exemption is if the operator is an employee of the salon and receives their pay from the employer, they would not need to have a salon shop license. The employer would be responsible for the taxes payable to the Department of Revenue.
If the ownership of the business changes, the new owner would have to complete a new application for licensure as the licenses are not transferrable. If a business has one or more branch locations, they must obtain a separate salon/shop license for that specific location.
A salon/shop license is not required when these services are provided to place bound client in the client’s home or in a long or short term health care facility. If these facilities are operating on a “for profit basis” for clients other than the place bound clients, a salon/shop license would be required.
There has been confusion in the past when an operator moves to a new location and they want to use the location license they had at the last salon/shop that they worked in. The operator must apply for a new salon/shop license for the new location, as the prior license is no longer valid.
The inspection staff for the Department of Licensing reports that the lack of a valid salon shop license is one of the most common violations. If you have questions, you can contact the department by email at www.dol.wa.gov/plss/cosfront.htm or by telephone at (360) 664-6626.
• January 12, 2009
Hilton Seattle Airport & Conference Ctr
17620 International Blvd
Seattle, WA 98188(206) 246-8600
• March 9, 2009
Hampton Inn Bellingham-Airport
3985 Bennett Drive
Bellingham, Washington 98229
360-676-7700
• May 11, 2009
Hilton Garden Inn
701 North Young Street
Kennewick, WA 99336
(509)735-4600
• July 13, 2009
DoubleTree Hotel
322 North Spokane Falls Court
Spokane, Washington 99201
(509) 744-2311
• September 14, 2009
Hilton Garden Inn
401 East Yakima Avenue
Yakima, WA 98901
(509) 454-1111
• November 9, 2009
Homewood Suites Hotel
701 SE Columbia Shores Blvd.
Vancouver, Washington 98661
(360) 750-1100
We will be conducting workshops in the afternoon of the Advisory Board meetings and all day long on the dates listed below. Everyone is encouraged to attend and participate in this process.
Dates:
• February 9, 2009
• April 13, 2009
• June 8, 2009
• August 10, 2009
• October 12, 2009
Location:
Department of Licensing
405 Black Lake Blvd.
Olympia, Washington 98502
(360) 664-6643
| Numbers in Style Department of Licensing licensees |
|
|---|---|
| Operators | 53,525 |
| Personal Service | 405 |
| Salons | 13,396 |
| Schools | 97 |
| Mobile Unit | 30 |
