SENATE AMENDED
PRIOR PRINTER'S NOS. 2660, 3287 PRINTER'S NO. 4089
No. 2020 Session of 2001
INTRODUCED BY NAILOR, GODSHALL, DeLUCA, GABIG, ALLEN, CAPPELLI,
COLEMAN, CORRIGAN, GEORGE, MAITLAND, ROBERTS, ROHRER,
STABACK, TRELLO, WATERS, WATSON, YOUNGBLOOD, G. WRIGHT, BOYES
AND LEWIS, OCTOBER 16, 2001
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 24, 2002
AN ACT
1 Amending the act of May 3, 1933 (P.L.242, No.86), entitled, as
2 amended, "An act to promote the public health and safety by
3 providing for examination, licensing and granting of permits
4 for those who desire to engage in the profession of
5 cosmetology; defining cosmetology, and regulating cosmetology
6 shops, schools, students, apprentices, teachers, managers,
7 manicurists and cosmetologists; conferring powers and duties
8 upon the Commissioner of Professional and Occupational
9 Affairs in the Department of State; providing for appeals to
10 certain courts by applicants and licensees; and providing
11 penalties," further providing for the definition of "School
12 of Cosmetology," for practice of cosmetology without license
13 prohibited, requirements to practice, eligibility
14 requirements for examination, for management of cosmetology
15 shops, for requirements of a school of cosmetology, for
16 exceptions to examination requirements, for shared shops, for
17 regulations by the board, for examinations and issuance of
18 licenses, for temporary licenses, for sanitary rules, for
19 fees and for penalties.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The definition of "School of Cosmetology" in
23 section 1 of the act of May 3, 1933 (P.L.242, No.86), referred
24 to as the Cosmetology Law, amended October 18, 2000 (P.L.607,
1 No.81), is amended to read:
2 Section 1. Definitions.--The following words and phrases
3 when used in this act shall have the meanings given to them in
4 this section unless the context clearly indicates otherwise:
5 * * *
6 "School of Cosmetology" includes any individual, partnership,
7 association, business corporation, nonprofit corporation,
8 municipal corporation, school district or any group of
9 individuals however organized whose purpose is to provide
10 courses of instruction in cosmetology[, the management of
11 cosmetology shops,] or the teaching of cosmetology.
12 * * *
13 Section 2. Sections 2, 3, and 4 of the act, amended June 30,
14 1984 (P.L.479, No.100), are amended to read:
15 Section 2. Practice of Cosmetology without License
16 Prohibited.--It shall be unlawful for any person to practice or
17 teach cosmetology, [manage a cosmetology, manicurist or
18 cosmetician shop,] to use or maintain any place for the practice
19 of cosmetology, for compensation, or to use or maintain any
20 place for the teaching of cosmetology, unless he or she shall
21 have first obtained from the department a license as provided in
22 this act.
23 Section 3. Requirements to Practice.--Before any person may
24 practice or teach cosmetology [or manage a cosmetology shop],
25 such person shall file with the board a written application for
26 license, accompanied by a health certificate issued by a
27 licensed physician of Pennsylvania on a form which shall be
28 prescribed and supplied by the board, and shall deposit with the
29 department the license fee, and pass an examination approved by
30 the board as to fitness to practice or teach cosmetology [or
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1 manage a cosmetology shop], as hereinafter provided in this act.
2 Section 4. Eligibility Requirements for Examination.--No
3 person shall be permitted by the board to take an examination to
4 receive a license as a cosmetologist unless such person (1)
5 shall be at least sixteen years of age and of good moral
6 character at the time of making application, and (2) shall have
7 completed a tenth grade education or the equivalent thereof, or
8 in lieu of such education or the equivalent thereof shall have
9 received training from or under the auspices of the Bureau of
10 Rehabilitation in the Department of Labor and Industry, and (3)
11 shall have either (i) completed not less than one thousand two
12 hundred fifty hours as a student in a duly registered school of
13 cosmetology as hereinafter provided in this act, or (ii) shall
14 have been registered and served as an apprentice at least two
15 thousand hours in a licensed cosmetology shop as hereinafter
16 provided in this act. The application shall be accompanied by a
17 notarized statement from either the licensed cosmetology school
18 the applicant attended or the licensed cosmetology teacher in
19 the licensed cosmetology shop where the applicant studied and
20 trained, stating that the applicant has completed the study and
21 training period required under this act. No person shall be
22 permitted to take an examination for a license to teach
23 cosmetology unless such person shall have a cosmetologist's
24 license, be at least eighteen years of age, shall have completed
25 a twelfth grade education or the equivalent thereof and have had
26 five hundred hours of specialized training as set forth in
27 section 6 of this act which hours shall be in addition to the
28 hours necessary to qualify for a cosmetologist's license. [No
29 person shall be permitted to take an examination for a license
30 to act as a manager of a cosmetology shop unless such person
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1 shall have a cosmetologist's license, be at least eighteen years
2 of age, shall have completed a tenth grade education or the
3 equivalent thereof and have had at least eighteen months'
4 experience as a cosmetologist in a cosmetology shop or shared
5 shop or have had three hundred hours of specialized training as
6 set forth in section 6 of this act which hours shall be in
7 addition to the hours necessary to qualify for a cosmetologist's
8 license.]
9 Section 3. Section 4.4 of the act, amended October 18, 2000
10 (P.L.607, No.81), is amended to read:
11 Section 4.4. Management of Cosmetology Shops.--[(a) A
12 licensed manager of a cosmetology shop shall not be required in
13 a cosmetology shop if the sole providers of cosmetology services
14 in the shop are licensed cosmetologists who have ownership
15 interests in the shop; otherwise, a licensed manager or licensed
16 cosmetology teacher shall be employed. This section does not
17 prohibit an owner who is a barber from employing a cosmetologist
18 without the requirement that a cosmetologist-manager also be
19 employed.
20 (b) A licensed manager shall not be required in a
21 cosmetology shop located within a special care facility,
22 regardless of ownership, if the cosmetology services being
23 provided in that shop are exclusively for the residents of the
24 facility. The licensed cosmetologist may or may not own the
25 shop. If cosmetology services are provided to nonresidents of
26 the facility, a licensed cosmetology manager or licensed
27 cosmetology teacher shall be employed to manage the shop. For
28 purposes of this section, a "special care facility" shall
29 include a hospital, nursing home or adult day-care center or any
30 other similar facility.] (a) Every shop owner shall designate a
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1 person in charge of the shop in the owner's absence.
2 (b) The name of the owner or designated person in charge
3 shall be posted in a conspicuous place in the shop.
4 (c) The owner or designated person in charge of the shop
5 shall be readily available during regular business hours to
6 bureau inspectors.
7 Section 4. Section 6(a) of the act, amended June 30, 1984
8 (P.L.479, No.100), is amended to read:
9 Section 6. Requirements of a School of Cosmetology.--(a) No
10 school of cosmetology shall be granted a license or renewal
11 thereof unless it shall: (1) enroll only those students who have
12 completed a ninth grade education or the equivalent thereof, or
13 in lieu of such education or the equivalent thereof have
14 received training from or under the auspices of the Bureau of
15 Rehabilitation in the Department of Labor and Industry; are of
16 good moral character; and are free from contagious or infectious
17 disease; (2) [attach to its staff, as a consultant, a person <--
18 licensed by this Commonwealth to practice medicine; (3)] employ <--
19 and maintain a sufficient number of competent teachers,
20 registered as such; [(4)] (3) possess apparatus and equipment <--
21 sufficient for the proper and full teaching of all subjects of
22 its curriculum; [(5)] (4) keep a daily record of the attendance <--
23 of each student; [(6)] (5) maintain regular class and <--
24 instruction hours; [(7)] (6) establish grades and hold <--
25 examinations before issuance of diplomas; and [(8)] (7) require <--
26 a day school term of training of not less than one thousand two
27 hundred fifty hours within a period of not less than eight
28 consecutive months or a night school term of training for a
29 period of not less than fifteen consecutive months for a
30 complete course, comprising all or a majority of the practices
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1 of cosmetology, as provided by this act, and to include
2 practical demonstrations and theoretical studies, and study in
3 sanitation, sterilization, and the use of antiseptics, cosmetics
4 and electrical appliances consistent with the practical and
5 theoretical requirements as applicable to cosmetology or any
6 practice thereof. The hours of training required shall be
7 accomplished within four consecutive years. In no case shall
8 there be less than one teacher to each twenty-five pupils. A
9 separate curriculum of five hundred hours shall be established
10 for persons seeking to become teachers of cosmetology which
11 shall include methods of teaching[,] and principles of education
12 [and shop management]: Provided, however, That teachers in
13 public school programs of cosmetology [who have shop managers'
14 licenses and] who meet the standards established by the
15 Department of Education for vocational education teachers in the
16 public schools shall be deemed to have satisfied such additional
17 separate curriculum for teachers. [A separate curriculum of
18 three hundred hours shall be established for persons seeking to
19 become managers of cosmetology shops which shall include the
20 conduct and administration of a cosmetology shop.] Each school
21 shall report to the board student hours quarterly on forms
22 provided by the board. A COSMETOLOGY SCHOOL SHALL BE MANAGED ON <--
23 A DAY-TO-DAY BASIS BY A SCHOOL SUPERVISOR DESIGNATED BY THE
24 OWNER OF THE SCHOOL. THAT PERSON'S NAME WILL BE ON FILE WITH THE
25 BOARD AS THE RESPONSIBLE PARTY AT THE SCHOOL. THE SCHOOL'S
26 SUPERVISOR SHALL NOT BE REQUIRED TO OBTAIN A SPECIAL LICENSE.
27 * * *
28 Section 5. Section 8.1 of the act, added October 18, 2000
29 (P.L.607, No.81), is amended to read:
30 Section 8.1. Booth Rental Prohibited.--The rental of booth
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1 space by an owner of a cosmetology shop [or a licensed manager
2 in a cosmetology shop] to any holder of a license issued under
3 this act is unlawful.
4 Section 6. Section 9 of the act, amended June 30, 1984
5 (P.L.479, No.100), is amended to read:
6 Section 9. Exceptions to Examination Requirements; Present
7 Students and Apprentices.--Any person who has practiced or
8 taught cosmetology [or acted as manager of a cosmetology shop or
9 school of cosmetology,] under a certificate, license or permit,
10 for not less than two years in another state, territory, or the
11 District of Columbia, may secure the license required by this
12 act without an examination or compliance with other requirements
13 as to age or education: Provided, That the Board shall be
14 satisfied that the standards provided for licensure under the
15 laws of the place wherein the applicant's license was issued are
16 the same or substantially the same as those provided for
17 hereunder, that similar privileges are accorded persons licensed
18 under the laws of the Commonwealth, that the applicant holds a
19 valid license from the place wherein he is entitled to practice,
20 and that all the terms and conditions prescribed by the Board
21 are complied with by the applicant. Such application shall be
22 accompanied by an affidavit of a licensed physician that the
23 applicant was examined and is free from all contagious and
24 infectious diseases, and the license fee required by this act.
25 Students, upon graduating from licensed schools of cosmetology,
26 may apply for, and receive from the department, a temporary
27 license to practice in the field of cosmetology until the next
28 regular examination held by the department under the provisions
29 of this act.
30 Section 7. Section 9.2 of the act, amended June 14, 1991
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1 (P.L.64, No.7), is amended to read:
2 Section 9.2. Shared Shops.--(a) A licensed barber and a
3 licensed cosmetologist shall be permitted to work in the same
4 shop if the requirements of this section are met. Any licensed
5 shop which employs a licensed barber and a licensed
6 cosmetologist shall not be required to erect or install any
7 physical barriers which separate the barber and the
8 cosmetologist. All licensed shops shall conform with the
9 provisions of section 4.4 of this act.
10 [(b) A cosmetology shop licensee who shall employ a licensed
11 barber shall also be a licensed cosmetologist manager or employ
12 a cosmetologist manager.]
13 (c) For the purpose of this section only, when a licensee
14 under this act and a licensee under the Barbers' License Law are
15 subject to formal proceedings for violations of this act or the
16 Barbers' License Law, the board and the State Board of Barber
17 Examiners shall consolidate all formal actions against such
18 licensees for the purpose of prosecution and hearing provided
19 that the board shall retain to itself exclusively the power to
20 revoke or suspend licenses after such prosecution and hearing.
21 Section 8. Sections 11, 12, 12.1, 14, 16(a) and 20(b), (c)
22 and (e) of the act, amended June 30, 1984 (P.L.479, No.100), are
23 amended to read:
24 Section 11. Regulations by Board.--The board after at least
25 one public hearing shall prescribe reasonable regulations for
26 its conduct, and for the examination and licensing of applicants
27 to practice or teach cosmetology [and to manage cosmetology
28 shops or schools of cosmetology], for temporary licenses to be
29 issued by the department, and generally for the conduct of
30 persons, copartnerships, associations or corporations affected
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1 by this act.
2 Section 12. Examinations; Issuance of Licenses.--If the
3 board finds that the applicant has submitted the credentials
4 required by this act for admission to the examination, and has
5 paid the license fee required by this act, the board shall admit
6 such applicant to the examination and the department shall issue
7 a license to practice as a cosmetologist[, manager,] or teacher
8 as the case may be to those successfully passing the required
9 examinations: Provided, That if the applicant fails to pass the
10 examination he or she may be eligible to take the next
11 examination. Examinations shall be held at least four times a
12 year in the metropolitan areas of Philadelphia, Pittsburgh,
13 Wilkes-Barre, Harrisburg, and Erie at such hours as it shall
14 prescribe pursuant to section 812.1 of the act of April 9, 1929
15 (P.L.177, No.175), known as "The Administrative Code of 1929."
16 The examination for teachers' [and managers'] licenses shall
17 differ from the examination for cosmetology licenses in that it
18 shall be of a more exacting nature and require higher standards
19 of knowledge of the practice and theories of cosmetology,
20 including[, with respect to a teacher's license,] the ability to
21 teach properly the various practices and theories of
22 cosmetology.
23 Section 12.1. Temporary Licenses.--Upon payment of the
24 required fee, a temporary license may be issued to any applicant
25 who is eligible for admission to a cosmetologist's examination
26 or a manicurist's examination. An applicant who is thus licensed
27 shall practice only under the supervision of a licensed
28 [teacher-manager] teacher or cosmetologist until the time of the
29 next scheduled examination. Temporary licenses are granted for a
30 nine-month period.
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1 Section 14. Sanitary Rules.--The board shall prescribe such
2 sanitary rules as it may deem necessary, with particular
3 reference to the precautions necessary to be employed to prevent
4 the creating and spreading of infectious and contagious
5 diseases; and it shall be unlawful for the owner [or manager] of
6 any cosmetology shop or school of cosmetology to permit any
7 person to sleep in or use for residential purposes any room used
8 wholly or in part as a cosmetology shop or school of
9 cosmetology.
10 Section 16. Fees.--(a) The board shall, by regulation, fix
11 the following fees: (1) for the issuance of a license, with or
12 without examination, for cosmetology shop owners, [managers,]
13 teachers, cosmetologists, manicurists, manicurist shops,
14 students, cosmetology schools and for registration fee for
15 apprentices; and (2) biennial renewal fees for cosmetology shop
16 owners, [managers,] school instructors, cosmetologists,
17 manicurists, cosmetology schools and manicurist shops. Fees for
18 registration, licensure and examination shall be paid in advance
19 to the department into the Professional Licensure Augmentation
20 Account.
21 * * *
22 Section 20. Penalties.--* * *
23 (b) Any cosmetologist, [manager,] teacher, student or
24 apprentice who shall practice the profession of cosmetology
25 while knowingly suffering from contagious or infectious disease,
26 or who shall knowingly serve any person afflicted with such
27 disease, shall be guilty of a summary offense, and, upon
28 conviction thereof, shall be sentenced to pay a fine not
29 exceeding three hundred dollars ($300.00), or undergo an
30 imprisonment not exceeding thirty (30) days, or both, at the
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1 discretion of the court.
2 (c) Any cosmetologist, [manager,] teacher, student or
3 apprentice who shall infect any person, or who shall impart any
4 contagious or infectious disease, by reason of carelessness or
5 negligence in the practice of such profession, shall be guilty
6 of a summary offense, and, upon conviction, shall be sentenced
7 to pay a fine not exceeding three hundred dollars ($300.00), or
8 to undergo an imprisonment not exceeding three months, or both,
9 at the discretion of the court.
10 * * *
11 (e) The owner [or manager] of any shop employing an
12 unlicensed cosmetologist shall, upon conviction, be sentenced to
13 pay a fine not exceeding five hundred dollars ($500.00), or to
14 undergo imprisonment not exceeding six (6) months, or both, at
15 the discretion of the court.
16 Section 9. This act shall take effect immediately.
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