PRINTER'S NO. 2644
No. 2017 Session of 1989
INTRODUCED BY BISHOP, OCTOBER 18, 1989
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
OCTOBER 18, 1989
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," deleting the requirement for licensing of
12 manicurists.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The title of the act of May 3, 1933 (P.L.242,
16 No.86), referred to as the Cosmetology Law, amended June 30,
17 1984 (P.L.479, No.100), is amended to read:
18 AN ACT
19 To promote the public health and safety by providing for
20 examination, licensing and granting of permits for those who
21 desire to engage in the profession of cosmetology; defining
22 cosmetology, and regulating cosmetology shops, schools,
1 students, apprentices, teachers, managers[, manicurists] and
2 cosmetologists; conferring powers and duties upon the
3 Commissioner of Professional and Occupational Affairs in the
4 Department of State; providing for appeals to certain courts
5 by applicants and licensees; and providing penalties.
6 Section 2. The definition of "cosmetology" in section 1 and
7 sections 2, 5, 8, 12.1 and 16(a) of the act, amended June 30,
8 1984 (P.L.479, No.100), are amended to read:
9 Section 1. Definitions.--The following words and phrases
10 when used in this act shall have the meanings given to them in
11 this section unless the context clearly indicates otherwise:
12 * * *
13 "Cosmetology" includes any or all work done for compensation
14 by any person, which work is generally and usually performed by
15 cosmetologists, which work is for the embellishment, cleanliness
16 and beautification of the human hair, such as arranging,
17 dressing, curling, waving, permanent waving, cleansing, cutting,
18 singeing, bleaching, coloring, pressing, or similar work thereon
19 and thereabout, and the removal of superfluous hair, and the
20 massaging, cleansing, stimulating, manipulating, exercising, or
21 similar work upon the scalp[,] and face, [arms or hands,] or the
22 upper part of the body, by the use of mechanical or electrical
23 apparatus or appliances or cosmetics, preparations, tonics,
24 antiseptics, creams or lotions, or by any other means, [and of
25 manicuring the nails,] which enumerated practices shall be
26 inclusive of the term cosmetology but not in limitation thereof.
27 * * *
28 Section 2. Practice of Cosmetology without License
29 Prohibited.--It shall be unlawful for any person to practice or
30 teach cosmetology, manage a cosmetology [, manicurist] or
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1 cosmetician shop, to use or maintain any place for the practice
2 of cosmetology, for compensation, or to use or maintain any
3 place for the teaching of cosmetology, unless he or she shall
4 have first obtained from the department a license as provided in
5 this act.
6 Section 5. Limited Licenses.--A limited license [to manicure
7 the nails only and] as a cosmetician only may be applied for and
8 granted under all of the terms and conditions of this act,
9 except that the examination therefor may be limited to such
10 practice only and the required schooling shall be not less than
11 one month. [A manicurist may operate a shop limited to
12 manicuring.] A cosmetician may operate a shop limited to that
13 license. The board may promulgate regulations with respect to
14 such shops.
15 Section 8. Practice in Cosmetology Shops Only.--It shall be
16 unlawful for any person to practice cosmetology for pay in any
17 place other than a licensed cosmetology shop, [manicurist shop]
18 or barber shop as defined in the act of June 19, 1931 (P.L.589,
19 No.202), referred to as the Barbers' License Law: Provided, That
20 a licensed cosmetologist may furnish cosmetology treatments to
21 persons in residences of such persons by appointment.
22 Section 12.1. Temporary Licenses.--Upon payment of the
23 required fee, a temporary license may be issued to any applicant
24 who is eligible for admission to a cosmetologist's examination
25 [or a manicurist's examination]. An applicant who is thus
26 licensed shall practice only under the supervision of a licensed
27 teacher-manager or cosmetologist until the time of the next
28 scheduled examination. Temporary licenses are granted for a
29 nine-month period.
30 Section 16. Fees.--(a) The board shall, by regulation, fix
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1 the following fees: (1) for the issuance of a license, with or
2 without examination, for cosmetology shop owners, managers,
3 teachers, cosmetologists, [manicurists, manicurist shops,]
4 students, cosmetology schools and for registration fee for
5 apprentices; and (2) biennial renewal fees for cosmetology shop
6 owners, managers, school instructors, cosmetologists,
7 [manicurists,] and cosmetology schools [and manicurist shops].
8 Fees for registration, licensure and examination shall be paid
9 in advance to the department into the Professional Licensure
10 Augmentation Account.
11 * * *
12 Section 3. This act shall take effect in 60 days.
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