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Legal: A Sticky Situation
When Feuza M. Dos Reis sent an email to the New Jersey Board of Cosmetology (NBOC) to get more information about the “licensing of waxologists,” she could never have foreseen that her inquiry would result in statewide ramifications. In a meeting held June 12, 2007, the NBOC responded to Dos Reis’ unassuming question by banning cosmetologists from performing a procedure called the Brazilian wax. It involves the removal of most of the hair from the bikini area. What was the reasoning behind the board’s decision? After a lengthy discussion, board members based their conclusion on three main points. First, they contended that cosmetologists risk contact with “mucus membranes” when performing Brazilian waxes. Second, the board determined this type of waxing is “difficult to investigate,” and “subjects clients to personal assault.” Finally, the ruling cited concerns about sterilization and the use of hot wax near one of the body’s most sensitive areas. Sound vague or hasty? As Michael L. Antoline, J.D., explains in his June “Legal Pad” column, the NBOC banned the service without doing any due diligence about whether cosmetologists had actually experienced any of the stated concerns. Nor did it hold any hearings or seek expert advice. “[NBOC] didn’t inquire if there was a problem,” Antoline writes. “The board made no determination whatsoever that there were a significant number of injuries caused by Brazilian waxing.” Antoline also demonstrates that the board’s remaining arguments can be easily rebutted. To seek an expert opinion about Brazilian waxing, he interviewed spa owner Rosemary Weiner of Brass Rose Spa and Salon in Blairstown, New Jersey. Weiner is also a chair of the Day Spa Association Advisory Board and the New Jersey Beauty Council. When Brazilian waxes are performed correctly, “there’s no intrusion on mucus membranes,” Weiner told Antoline. She also dispelled the board’s sanitation concern by explaining that standard protocol prohibits a waxing applicator from being dipped into a bowl of wax more than one time. The ramifications of the board’s decision to ban Brazilian waxes in New Jersey stretch far beyond forcing spas to eliminate a profitable service. If one governing board or association has authority to make a hasty decision, what’s next? It’s time for spa professionals to unite by becoming more involved in the shaping of regulatory practices, Antoline asserts. “Unless the spa industry gets off its duff and joins the fight, it will continue to see the number of services it’s permitted to provide, and the resulting revenue, dwindle,” he says.
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