The oddest question ever asked on Allnurses!

[CaliBoy760]

Quick background: Long before I became an LVN I was a licensed hair stylist. I do not have that license anymore although I still have a lot of friends in the business.

One friend is now a salon owner and she cuts my hair regularly. Last Saturday morning I went in for a cut. My friend draped me and led me back to the shampoo bowls, something that her assistant normally does. She explained that three of her four assistants had called in sick (there are 12 stylist in the salon). By the time she finished my cut the salon was packed and it was chaotic with all the stylists having to do their own setups and shampoos. Since I had no real plans I offered to be an assistant for the day. She said that it would be great but that I couldn't legally touch a client without a cosmetology license. I said that because I would not be doing any actual procedures,that my nursing license would allow me to shampoo a couple of heads, after all, that is entirely within the LVN scope of practice, is it not? She agreed and I spent the afternoon draping, combing out, and shampooing something like 40 clients. I even made $30 in tips! Here's my question: Do you think that I was functioning within my scope of practice? Neither the state board website or the cosmetology website has anything close to answering this question...

[eeffoc_emmig]

All you did was wash some hair. I don't see what the issue would be - but I guess there could always be a person out there who would raise a stink about it and complain to one of the boards.

[rvd4now]

As funny as this sounds, would that be considered functioning independently. I say this because I am an lpn. I always have to work under an rn or md lol....

[Esme12, ASN, BSN, RN]

don't non licensed assistants shampoo hair all the time? I don't think it has anything to do with your LPN license

[andreasmom02]

I used to be a cosmetologist too! I am also an LPN now. However, I keep both of my licenses current, so I'm afraid I can't answer your question. I hate doing hair, but keep my license active as a "fall back" career. I always say you can never have too many diplomas or degrees! lol Maybe you could call your state board and speak to someone??

[rvd4now]

Would it be different if the person was a rn

[cyde]

i was licensed too and let mine laps. i don't know what state you're in but i think you have to be licensed or currently attending a cosmetology program in ny to shampoo as well. if not, than wooohooo!!! extra cash. i'll take that any day!!

[CaliBoy760]

I'm in CA and it's the same here. My question is whether or not my LVN license would trump a cosmetology license in regards to shampooing only. Obviously, I couldn't claim to be working under my LVN license if I was cutting,coloring, or perming...

[notmanydaysoff]

I hold licenses as an LVN, an esthetician, and an establishment owner in CA. I also happen to be versed in the law, specifically the Business and Professions Code, that regulates the who, where, and what of things pertaining to the cosmetology industry.

The following section should answer your question. You'll note the inclusion of the verbiage, "or permit to work."

7349. It is unlawful for any person, firm, or corporation to hire, employ, or allow to be employed, or permit to work, in or about an establishment, any person who performs or practices any occupation regulated under this chapter and is not duly licensed by the bureau, except that a licensed cosmetology establishment may utilize a student extern, as described in Section 7395.1. Any person violating this section is subject to citation and fine pursuant to Section 7406 and is also guilty of a misdemeanor.

What you were doing clearly falls under the scope of practicing cosmetology. Look at section 7316 that describes what constitutes cosmetology.

Stuff like..."Arranging, dressing, curling, waving, machineless permanent waving, permanent waving, cleansing, cutting, shampooing, relaxing, singeing, bleaching, tinting, coloring, straightening, dyeing, applying hair tonics to, beautifying, or otherwise treating by any means, the hair of any person."

Unless you were just sweeping the floor or taking out the trash, you were practicing cosmo!

Even though there is a section (7319.(a)) that exempts nurses from the code, I think you'd be hard pressed to prove that your LVN license was applicable in this instance - and especially since you are a former BBC licensee.

I would never allow anyone to work in my shop who is not licensed. Not a good idea to subject your friend to a potential fine. The BBC does not take kindly to unlicensed folks practicing in a licensed establishment.

[CaliBoy760]

Whoa, Tiger! Ease off the caffeine...I was able to get a BVNPT rep on the phone this afternoon and we had a lively conversation about this. Hair washing falls under ADL's, of which it is entirely within my scope of practice to provide. However, I cannot SPECIFICALLY be compensated for doing a specific task, such as washing hair or cleaning nails, which would be practicing cosmetology. She agreed that the BBC probably would not take kindly to a nurse providing this service in a salon, but they'd be hard pressed to argue that I wasn't qualified or competent, or licensed to do so, especially in this day and age of Med Spas. In the end it comes down to a turf war, which I fully understand. I am glad I was able to help a friend out of a jam, but I left that world for a reason;) Thanks for all your responses...Out.

[notmanydaysoff]

"Do you think that I was functioning within my scope of practice?"

you asked!

[CaliBoy760]

And you answered. Thanks.