16 Del. Admin. Code § 4453-2.0
For purposes of these Regulations the following definitions shall apply:
"Apprentice" means any person who is engaged in the learning of any or all of the practices of cosmetology, barbering, nail technology or electrology from a practitioner licensed in the profession the apprentice is studying. The apprentice may perform or assist the licensed practitioner in any of the functions which the practitioner is licensed to perform.
"Antiseptic" means an agent that destroys disease-causing microorganisms on human skin or mucosa.
"Aesthetician" means a person who practices the cleansing, stimulating, manipulating and beautifying of skin, with hands or mechanical or electrical apparatuses or appliances and gives treatments to keep skin healthy and attractive.
"Barber" means any person who, for a monetary consideration, shaves or trims beards, cuts or dresses hair, gives facial or scalp massages, treats beards or scalps with preparations made for this purpose, or dyes hair.
"Board" means and refers to the Delaware Board of Cosmetology and Barbering.
"Beauty Salon" means any place or part thereof wherein cosmetology, barbering, electrology or nail technology, or any of its practices, are practiced, whether such place is known or designated as a cosme to logical establishment, beauty salon, barber shop, nail salon or electrology establishment, or where the person practicing cosmetology, barbering, nail technology or electrology therein holds oneself out as a cosmetician, cosmetologist, beauty culturist, barber, nail technician or electrologist, or by any other name or designation indicating that cosmetology or barbering is practiced therein.
"Contaminated Waste" means any liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; sharps and any wastes containing blood and other potentially infectious materials, as defined in the latest edition of the Code of Federal Regulations known as "Occupational Exposure to Bloodborne Pathogens."
"Cosmetologist" means any person, including students and apprentices, who engages in the practice of cosmetology.
"Cosmetology" means any one and/or combination of practices generally and usually performed by and known as the occupation of beauty culturalist, cosmeticians, cosmetologists or hairdressers or any person holding him or herself out as practicing cosmetology in or upon a place or premises. Cosmetology shall include, but otherwise not be limited to, the following: embellishing, arranging, dressing, curling, waving, cleansing, beautifying, cutting, singeing, bleaching, coloring, or similar work upon the hair of any person by any means and with hands or mechanical or electrical apparatuses, devices or appliances or by use of cosmetic preparations, antiseptics, tonics, lotions, creams or otherwise, massaging, cleansing, stimulating, manipulating, exercising, beautifying or similar work, the scalp, face, neck, arms, hands, bust or upper part of the body, or manicuring, pedicuring or sculpting the nails of any person.
"Department" or "DHSS" means the Delaware Department of Health and Social Services.
"Disinfection" means the destruction of pathogenic microorganisms by chemical or physical means directly applied.
"DNREC" means the Delaware Department of Natural Resources and Environmental Control.
"EPA" means the United States Environmental Protection Agency.
"Equipment" means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatuses and appurtenances used in connection with the operation of an establishment.
"Electrologist" means any person who, for a monetary consideration, engages in the removal of superfluous hair by use of specially designed electric needles.
"Handsink" means a lavatory equipped with hot and cold running water, under pressure and used solely for washing hands, arms or other portions of the body.
"Hot Water" means water which attains and maintains a temperature of at least 110°F.
"Instructor" means any person who is a cosmetologist, barber, electrologist, aesthetician or nail technician, who teaches cosmetology, barbering, electrology, aesthetics or nail technology in a duly registered school of cosmetology, barbering, electrology, aesthetics or nail technology.
"Invasive" means entry into the body either by incision or insertion of an instrument into or through the skin or mucosa, or by any other means intended to puncture, break or compromise the skin or mucosa.
"Licensee" means any person, beauty salon, barbershop, nail salon, electrology establishment, school, or other facility licensed by or holding a certificate of registration with the Board.
"Liquid Chemical Germicide" means a disinfectant or sanitizer registered with the EPA or an approximate 1:10 dilution of household chlorine bleach made fresh daily and dispensed from a spray bottle.
"Mobile Unit" means any self-contained, self-supporting, enclosed mobile unit which is at least 24 feet in length which is licensed as a salon, has a servicing area that is licensed for the practice of certain licensed practices by the Board of Cosmetology and complies with these Regulations.
"Nail technician" means any person who engages only in the practice of manicuring, pedicuring or sculpting nails, including acrylic nails, of any person.
"Person" means an individual, any form of business or social organization or any other non-governmental legal entity including but not limited to a corporation, partnership, limited liability company, association, trust or unincorporated organization.
"Person in charge" means the individual present at the regulated facility that is responsible for the operation of the facility at the time of the inspection. For the purposes of disciplinary action the owner or licensee shall be liable.
"Sanitize/Sanitation Procedure" means a process, which has been approved by DHSS, of reducing the numbers of microorganisms on cleaned surfaces and equipment to a safe level as judged by public health Regulations.
"Secretary" means the administrator of DHSS or his or her designee.
"Servicing Area" means an operating base location to which a mobile unit returns regularly for cleaning of the vehicle, equipment and utensils, and solid wastes; refilling water tanks, replenishing supplies and utensils. Unless otherwise approved by the Board of Cosmetology the operator of the mobile unit shall have a written letter agreement with the license holder of the salon to use such premises as a servicing area. To function as an operating base for a mobile unit, the servicing area shall be a fixed location salon with a valid operating license issued by the Division of Professional Regulation.
"Sharps" means any object that may purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to, pre-sterilized, single use needles, and razor blades.
"Sharps Container" means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation and disposal and is labeled with the international "biohazard" symbol.
"Single Use" means products or items that are intended for one-time, one-person use and are disposed of after use on a single client including, but not limited to, cups, gauze and sanitary coverings, razors, piercing needles, stencils, cotton swabs or balls, tissues or paper products, and paper or plastic protective gloves.
"Sterilization" means a powerful process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores.
"School of Cosmetology", "School of Electrology", "School of Nail Technology", "School of Barbering" shall mean any place or part thereof where cosmetology, barbering, electrology, nail technology or any of the practices are taught, whether such place or establishment is known or designated as a cosmetological establishment, barbering school, beauty culture school, school of electrology, or by any other name or designation, indicating that cosmetology, barbering, electrology or nail technology is taught therein to students.
"Universal Precautions" means a set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC) as "guidelines for prevention of transmission of human immunodeficiency virus and hepatitis B virus to health-care and public-safety workers" in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38, No. S-6, and as "recommendations for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures," in MMWR, July 12, 1991, Vol. 40, No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV and other blood pathogens. Precautions include hand washing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.
16 Del. Admin. Code § 4453-2.0