The Cash Refund and the Missing Record
Two days after a double-process color at an Albuquerque salon, a client returns with scalp burns, small blisters along the hairline, and breakage at the crown. She says the stylist used a new color brand and did not offer a patch test, even though the manufacturer's insert says to patch test 48 hours before. The salon has no completed client record, only a sticky note with the formula. The owner wants to hand the client $150 cash and have her sign a handwritten note saying she accepts the money and will not sue. The owner also tells the newly licensed stylist to throw away the sticky note because it is not an official record and to say nothing to the Board. The client is upset and asks whether she should see a doctor.
1. What are the stylist's ethical and legal obligations regarding the sticky note, the client record, and the owner's instructions?
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The stylist should not destroy the sticky note or any other information about the service. Even a informal note may be evidence of the formula, timing, and products used. Destroying it after a client reports an injury can look like concealment and can worsen the salon's position. The stylist should preserve the note, create a factual incident report, and keep copies of product labels and manufacturer instructions.
The owner's instruction to say nothing to the Board cannot override the licensee's duty to cooperate truthfully if a complaint is filed. The stylist should not lie or alter records. She should notify her malpractice insurer or the salon's insurer promptly and seek advice from an attorney or the insurer before signing anything or making admissions. A cash payment with a handwritten release is not a reliable legal settlement, and the stylist should not pressure the client to sign it.
2. How should the stylist respond to the client's question about seeing a doctor?
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The stylist should encourage the client to seek medical evaluation. Scalp burns and blisters are beyond the stylist's scope to diagnose or treat. A factual statement is appropriate: I cannot tell you what this is, but you should have a doctor look at it, especially if it is painful, spreading, or blistering. The stylist should not blame the client, minimize the injury, or promise that it will resolve on its own.
The stylist should document the advice given and the client's response. If the client asks for the salon's insurance information, the stylist should route the request to the owner or insurer rather than handle it personally. The client should be given a copy of any incident report on request, consistent with salon policy and legal advice.
3. What should a proper client record have contained, and what should the salon do now?
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A proper record should include the date, client identity and contact information, consultation notes, previous color and chemical services, patch-test results if required by the manufacturer, the formula with product names and developer volume, processing time, scalp and skin condition, informed consent, and any adverse reaction. The salon should now reconstruct a factual record from the sticky note, product labels, and the stylist's memory without backdating or inventing entries.
The salon should review its intake and recordkeeping system, retrain staff on patch tests and manufacturer directions, and keep the incident file separate and secure. If a Board complaint or lawsuit is filed, the salon should cooperate through its insurer or attorney. The newly licensed stylist should ask for the salon's written policy on adverse events and refuse to participate in destroying records.