As beauty school students, we’re conditioned to test our skills despite lacking confidence in our abilities and judgment. Under direct supervision, students enjoy the protection of their instructors’ authority and expertise while applying products, using tools and following the procedures listed in textbooks or directed by manufacturer instructions. However, performing services on mannequin heads and hands doesn’t present the same risks or produce the same results as work done on humans. For that reason, instructors should actively intervene to help students avoid making minor mistakes or much worse, causing harm to clients.
No matter how tempted or pressured to deviate from accepted standards of practice, we should resist in the client’s best interests and ours.
Once licensed as professionals, however, we assume the responsibility and liability to protect our clients and we’re entirely on our own to exercise our professional judgment. That’s not so easy when we initially lack the knowledge and skills of more experienced professionals. But knowing what to do, and what not to do, comprise only one aspect of the challenge. Have you ever been tempted to ignore rules and best practices, or to work outside your scope of practice?
We must have confidence in our professional judgment to assert ourselves and act accordingly.
As licensees, exercising professional judgment exemplifies a strong commitment to the laws and regulations governing our industry. At times, doing so can be uncomfortable, inconvenient and expensive. Holding ourselves accountable, we spend more time, money and effort while others take shortcuts. We’re willing to disappoint clients who expect services on demand and done to their specifications when we know better. We may be forced to confront employers or coworkers who make it difficult to do what’s required.
“Fortune truly helps those who are of good judgment.” – Euripides
As a reminder, regardless of the service being performed, our primary concern should always be safety; it’s our professional responsibility to protect the health and safety of our clients. Legislators and regulators cite consumer protection as the reason why states require licensing, a beauty school education, a written and/or practical examination(s), compliance with regulations, and in some states, continuing education. From our earliest days in beauty school, we should learn how to clean and disinfect tools, to wash our hands before providing a service and to apply the health and safety regulations of our respective state boards, no matter the service.
“Good judgment comes from experience, and a lot of that comes from bad judgment.” – Will Rogers
For every service we learn, there exists a standard of practice, the procedures and techniques normally used by competent professionals in the performance of the service. Unlike manufacturer instructions specific to a product, a standard of practice covers the general procedures of a service, including tools and products. Not to minimize our creativity and willingness to experiment, but we’re more likely to avoid problems and achieve the desired and expected results by adhering to the standard of practice.
Nobody seems to care until someone gets injured (or even just claims to be), then sues and reports you, causing the potential loss of your license and business.
Who cares if a client follows or rejects your product and service recommendations? You’re right. What a client does on their own is not your concern, but what about the risks associated with your actions? How about a chemical burn, infection, amputation or death? In making professional judgments, consider “what’s the worse that can happen” not just to your clients, but to you.
Depending on the severity of an injury, you could face serious consequences determined through different legal processes: civil (financial settlement) and/or administrative (license revocation). Notifications of disciplinary action could become a permanent part of your license record, announced through emails and social media and released to the press. In extreme cases, a criminal prosecution would be justified: ‘Vampire Face-Lift’ Provider Arrested After Suspicious Salon Death and ‘The butt lady’ convicted of murder after second SoCal client dies from silicone injections.
Whether required or not, maintaining professional liability insurance should be a priority.
Thankfully, it’s readily available and relatively inexpensive. But even for beauty pros and salon owners who have professional liability insurance, how much protection does it offer? Does the policy cover only accidents and minor lapses in judgment? What happens if an injury results from violating health and safety laws or working outside your licensed scope of practice? Don’t expect your liability policy to cover you.
“The scars of others should teach us caution.” – St. Jerome
What if your actions were deemed negligent and/or incompetent? I casually describe negligence as “capable but careless” and incompetence as “clueless.” For investigating complaints, California’s Board of Barbering and Cosmetology defines and categorizes these terms more precisely:
“Negligence: A negligent act is a departure from the standard of conduct that is not extreme in nature. An act of simple negligence is not a cause for discipline; however, two or more incidents of negligence are a basis for discipline.”
“Gross negligence: A lack of even scant care or an extreme departure from the standard of care.”
“Incompetence: Conduct indicating a lack of present knowledge or ability in discharging professional obligations.”
It’s not ideal that the words “conduct,” “care” and “professional obligations” lack consistency, but you get the idea.
We should understand the risks associated with our work and accept the consequences for violating laws and regulations governing our licensure.
For example, we can prepare our salons for inspection by obtaining the required equipment, organizing and labeling our products and otherwise doing all the things that will be observed by an inspector inside your business. How do you prepare yourself to refuse clients whose demands conflict with your professional judgment? Practice this phrase: “My license does not allow me to perform that service.”
If you’ve received a citation or fine resulting from a state board inspection or face a complaint or a lawsuit alleging consumer harm, I want to hear from you. My experience as an expert witness may help you.
An earlier version was published by Beauty Cast Network.