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        PRIOR PRINTER'S NOS. 851, 1243                PRINTER'S NO. 1674

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 707 Session of 2005


        INTRODUCED BY ERICKSON, PILEGGI, M. WHITE, WOZNIAK AND
           WONDERLING, MAY 26, 2005

        SENATOR WENGER, APPROPRIATIONS, RE-REPORTED AS AMENDED,
           APRIL 3, 2006

                                     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 definitions, for practice
    12     of cosmetology without license, for limited licenses, for
    13     practice in cosmetology shops only, for temporary licenses,
    14     for fees and for regulations; and substituting the term
    15     "salon" for the term "shop" throughout the act.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  The title of the act of May 3, 1933 (P.L.242,
    19  No.86), referred to as the Cosmetology Law, amended June 30,
    20  1984 (P.L.479, No.100), is amended to read:
    21                               AN ACT
    22  To promote the public health and safety by providing for
    23     examination, licensing and granting of permits for those who
    24     desire to engage in the profession of cosmetology; defining

     1     cosmetology, and regulating cosmetology [shops] salons,
     2     schools, students, apprentices, teachers, managers,
     3     manicurists and cosmetologists; conferring powers and duties
     4     upon the Commissioner of Professional and Occupational
     5     Affairs in the Department of State; providing for appeals to
     6     certain courts by applicants and licensees; and providing
     7     penalties.
     8     Section 2.  The definitions of "booth space," "cosmetician"
     9  and "cosmetology" in section 1 of the act, amended October 18,
    10  2000 (P.L.607, No.81), are amended and the section is amended by
    11  adding definitions to read:
    12     Section 1.  Definitions.--The following words and phrases
    13  when used in this act shall have the meanings given to them in
    14  this section unless the context clearly indicates otherwise:
    15     * * *
    16     "Booth space" means the area of a cosmetology [shop] salon in
    17  which a licensed cosmetologist or a holder of a limited license
    18  provides to a client a service for which a license is required
    19  under this act.
    20     "Braiding" means intertwining the hair in a systematic motion
    21  to create patterns in a three-dimensional form, inverting the
    22  hair against the scalp along part of a straight or curved row of
    23  intertwined hair, or twisting the hair in a systematic motion,
    24  and includes extending the hair with natural or synthetic hair
    25  fibers.
    26     * * *
    27     ["Cosmetician" means an individual who engages only in the
    28  practice of massaging the face, applying cosmetic preparations,
    29  antiseptics, tonics, lotions or creams to the face, removing
    30  superfluous hair by tweezers, depilatories or waxes and the
    20050S0707B1674                  - 2 -     

     1  dyeing of eyelashes and eyebrows.]
     2     * * *
     3     "Cosmetology" includes any or all work done for compensation
     4  by any person, which work is generally and usually performed by
     5  cosmetologists, which work is for the embellishment, cleanliness
     6  and beautification of the human hair, such as arranging,
     7  braiding, dressing, curling, waving, permanent waving,
     8  cleansing, cutting, singeing, bleaching, coloring, pressing, or
     9  similar work thereon and thereabout, and the removal of
    10  superfluous hair, and the massaging, cleansing, stimulating,
    11  manipulating, exercising, or similar work upon the scalp, face,
    12  arms or hands, or the upper part of the body, by the use of
    13  mechanical or electrical apparatus or appliances or cosmetics,
    14  preparations, tonics, antiseptics, creams or lotions, or by any
    15  other means, and of manicuring the nails, which enumerated
    16  practices shall be inclusive of the term cosmetology but not in
    17  limitation thereof.
    18     * * *
    19     "Esthetician" means an individual who engages only in the
    20  practice of massaging the face, applying cosmetic preparations,
    21  antiseptics, tonics, lotions or creams to the face, removing
    22  superfluous hair by tweezers, depilatories or waxes and the
    23  dyeing of eyelashes and eyebrows.
    24     "Hair technician" means an individual engaged in embellishing
    25  or beautifying hair, wigs or hairpieces by arranging, dressing,
    26  pressing, curling, waving, permanent waving, cleansing, cutting,
    27  singeing, bleaching, coloring, braiding, weaving or similar
    28  work.
    29     "Nail technician" means an individual engaged in manicuring
    30  the nails of any person, applying artificial or sculptured nails
    20050S0707B1674                  - 3 -     

     1  to any person, massaging the hands and lower arms up to the
     2  elbow of any person, massaging the feet and lower legs up to the
     3  knee of any person or any combination of these types of
     4  services.
     5     "Natural hair stylist" means an individual engaged in
     6  utilizing techniques that result in tension on hair roots such
     7  as twisting, wrapping, weaving, extending, locking or braiding
     8  of the hair. The practice does not include the application of
     9  dyes, reactive chemicals or other preparations to alter the
    10  color or to straighten, curl or alter the structure of the hair.
    11     * * *
    12     Section 3.  Sections 2 and 4 of the act, amended June 29,
    13  2002 (P.L.645, No.98), are amended to read:
    14     Section 2.  Practice [of Cosmetology] without License
    15  Prohibited.--It shall be unlawful for any person to [practice]:
    16     (1)  practice or teach cosmetology, esthetics, nail
    17  technology, hair technology or natural hair styling;
    18     (2)  use [to use] or maintain any place for [the practice of
    19  cosmetology,] engaging in these practices for compensation[,];
    20     (3)  use [or to use] or maintain any place for the teaching
    21  of [cosmetology, unless he or she shall have first obtained]
    22  these practices;
    23  without first obtaining from the department a license or limited
    24  license as provided in this act.
    25     Section 4.  Eligibility Requirements for Examination.--No
    26  person shall be permitted by the board to take an examination to
    27  receive a license as a cosmetologist unless such person (1)
    28  shall be at least sixteen years of age and of good moral
    29  character at the time of making application, and (2) shall have
    30  completed a tenth grade education or the equivalent thereof, or
    20050S0707B1674                  - 4 -     

     1  in lieu of such education or the equivalent thereof shall have
     2  received training from or under the auspices of the Bureau of
     3  Rehabilitation in the Department of Labor and Industry, and (3)
     4  shall have either (i) completed not less than [one thousand two
     5  hundred fifty] one thousand five hundred hours as a student in a
     6  duly registered school of cosmetology as hereinafter provided in
     7  this act, or (ii) shall have been registered and served as an
     8  apprentice at least two thousand hours in a licensed cosmetology
     9  [shop] salon as hereinafter provided in this act. The
    10  application shall be accompanied by a notarized statement from
    11  either the licensed cosmetology school the applicant attended or
    12  the licensed cosmetology teacher in the licensed cosmetology
    13  [shop] salon where the applicant studied and trained, stating
    14  that the applicant has completed the study and training period
    15  required under this act. No person shall be permitted to take an
    16  examination for a license to teach cosmetology unless such
    17  person shall have a cosmetologist's license, be at least
    18  eighteen years of age, shall have completed a twelfth grade
    19  education or the equivalent thereof and have had five hundred
    20  hours of specialized training as set forth in section 6 of this
    21  act which hours shall be in addition to the hours necessary to
    22  qualify for a cosmetologist's license.
    23     Section 4.  Section 4.3 of the act, amended June 30, 1984
    24  (P.L.479, No.100), is amended to read:
    25     Section 4.3.  Eligibility Requirements for Registration as an
    26  Apprentice.--No person shall be permitted to register as an
    27  apprentice of cosmetology nor shall a licensed cosmetology
    28  [shop] salon employ or cause to be registered a person until an
    29  application for an apprentice permit shall have been filed with
    30  the board and an apprentice permit issued by the board. No
    20050S0707B1674                  - 5 -     

     1  apprentice permit shall be issued unless the prospective
     2  apprentice applying therefor shall have established to the
     3  satisfaction of the board that he or she is of good moral
     4  character, has completed a tenth grade education or the
     5  equivalent thereof or in lieu of such education or the
     6  equivalent thereof has received training from or under the
     7  auspices of the Bureau of Rehabilitation in the Department of
     8  Labor and Industry and is free from contagious or infectious
     9  disease.
    10     Section 5.  Section 4.4 of the act, amended June 29, 2002
    11  (P.L.645, No.98), is amended to read:
    12     Section 4.4.  Management of Cosmetology [Shops] Salons.--(a)
    13  Every [shop] salon owner shall designate a person in charge of
    14  the [shop] salon in the owner's absence.
    15     (b)  The name of the owner or designated person in charge
    16  shall be posted in a conspicuous place in the [shop] salon.
    17     (c)  The owner or designated person in charge of the [shop]
    18  salon shall be readily available during regular business hours
    19  to bureau inspectors.
    20     Section 6.  Sections 5, 6(c) and 8 SECTION 5 of the act,       <--
    21  amended June 30, 1984 (P.L.479, No.100), are IS amended to read:  <--
    22     Section 5.  Limited Licenses.--[A limited license to manicure
    23  the nails only and as a cosmetician only may be applied for and
    24  granted under all of the terms and conditions of this act,
    25  except that the examination therefor may be limited to such
    26  practice only and the required schooling shall be not less than
    27  one month. A manicurist may operate a shop limited to
    28  manicuring. A cosmetician may operate a shop limited to that
    29  license. The board may promulgate regulations with respect to
    30  such shops.] (a)  Applicants for any one of the four types of
    20050S0707B1674                  - 6 -     

     1  limited licenses shall be at least sixteen years of age, be of
     2  good moral character, have completed a tenth grade education or
     3  the equivalent thereof, and pay the applicable fee to the board.
     4     (b)  The board shall issue the following limited licenses to
     5  qualified applicants:
     6     (1)  Esthetician license, which shall authorize the holder to
     7  engage in the practice of esthetics only. An applicant for an
     8  esthetician license shall have completed four hundred hours of
     9  instruction in skin care in a licensed school of cosmetology and
    10  passed an examination limited to that practice. Licensed
    11  estheticians may operate a salon limited to that license.
    12     (2)  Hair technician license, which shall authorize the
    13  holder to engage in the practice of hair technology only. An
    14  applicant for a hair technician license shall have completed
    15  seven hundred fifty ONE THOUSAND hours of instruction in hair     <--
    16  technology in a licensed school of cosmetology and passed an
    17  examination limited to that practice. Licensed hair technicians
    18  may operate a salon limited to that license.
    19     (3)  Nail technician license, which shall authorize the
    20  holder to engage in the practice of nail technology only. An
    21  applicant for a nail technician license shall have completed two
    22  hundred hours of instruction in nail technology in a licensed
    23  school of cosmetology and passed an examination limited to that
    24  practice. Licensed nail technicians may operate a salon limited
    25  to that license.
    26     (4)  (i)  Natural hair stylist license, which shall authorize
    27  the holder to engage in the practice of natural hair styling
    28  only. An applicant for a natural hair stylist license shall have
    29  completed three hundred hours of board-approved subjects
    30  relating to sanitation, scalp care, anatomy and natural hair
    20050S0707B1674                  - 7 -     

     1  styling and passed an examination limited to that practice.
     2  Licensed natural hair stylists may operate a salon limited to
     3  that license.
     4     (ii)  The requirements of paragraph (4)(i) shall not apply
     5  and a natural hair stylist license shall be issued to an
     6  applicant who:
     7     (A)  has submitted an application, along with the required
     8  fee, within one year of the board's promulgation of final
     9  regulations required under this section; and
    10     (B)  can demonstrate proof of practice as a natural hair
    11  stylist for three consecutive years immediately prior to the
    12  date of application for licensure. Proof of practice shall
    13  require tax records of employment and an affidavit from the
    14  applicant and the applicant's immediate supervisor where
    15  applicable. The board shall accept the information provided
    16  without penalty to the applicant for failure to comply with
    17  licensing provisions prior to the effective date of this
    18  subsection.
    19     (c)  Within two years of the initial issuance of a license
    20  under this section, the licensee shall provide the board with
    21  proof that the licensee received one hundred fifty hours of
    22  education from a school of cosmetology as a condition of renewal
    23  of the license. The courses shall include, at a minimum, scalp
    24  care, hygiene and occupational safety.
    25     (D)  NO PERSON SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR   <--
    26  A LICENSE TO TEACH ESTHETICS, HAIR TECHNOLOGY, NAIL TECHNOLOGY
    27  OR NATURAL HAIR STYLING UNLESS THE PERSON HAS A CURRENT LICENSE
    28  IN THAT FIELD OF STUDY AND HAS SIX HUNDRED HOURS OF SPECIALIZED
    29  TRAINING AS SET FORTH IN SECTION 6 WHICH SHALL BE IN ADDITION TO
    30  THE HOURS NECESSARY TO QUALIFY FOR A LICENSE FOR AN ESTHETICIAN,
    20050S0707B1674                  - 8 -     

     1  HAIR TECHNICIAN, NAIL TECHNICIAN OR NATURAL HAIR STYLIST.
     2     Section 6.  Requirements of a School of Cosmetology.--* * *    <--
     3     (c)  No member of the board may inspect or be physically
     4  present during the original inspection of a cosmetology [shop]
     5  salon or a school of cosmetology.
     6     SECTION 6.1.  SECTION 6(A) AND (C) OF THE ACT, AMENDED JUNE    <--
     7  30, 1984 (P.L.479, NO.100) AND JUNE 29, 2002 (P.L.645, NO.98),
     8  ARE 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) EMPLOY AND MAINTAIN A SUFFICIENT NUMBER OF
    18  COMPETENT TEACHERS, REGISTERED AS SUCH; (3) POSSESS APPARATUS
    19  AND EQUIPMENT SUFFICIENT FOR THE PROPER AND FULL TEACHING OF ALL
    20  SUBJECTS OF ITS CURRICULUM; (4) KEEP A DAILY RECORD OF THE
    21  ATTENDANCE OF EACH STUDENT; (5) MAINTAIN REGULAR CLASS AND
    22  INSTRUCTION HOURS; (6) ESTABLISH GRADES AND HOLD EXAMINATIONS
    23  BEFORE ISSUANCE OF DIPLOMAS; AND (7) REQUIRE A DAY SCHOOL TERM
    24  OF TRAINING OF NOT LESS THAN ONE THOUSAND [TWO HUNDRED FIFTY]
    25  FIVE HUNDRED HOURS WITHIN A PERIOD OF NOT LESS THAN [EIGHT] TEN
    26  CONSECUTIVE MONTHS OR A NIGHT SCHOOL TERM OF TRAINING FOR A
    27  PERIOD OF NOT LESS THAN [FIFTEEN] NINETEEN CONSECUTIVE MONTHS
    28  FOR A COMPLETE COURSE, COMPRISING ALL OR A MAJORITY OF THE
    29  PRACTICES OF COSMETOLOGY, AS PROVIDED BY THIS ACT, AND TO
    30  INCLUDE PRACTICAL DEMONSTRATIONS AND THEORETICAL STUDIES, AND
    20050S0707B1674                  - 9 -     

     1  STUDY IN SANITATION, STERILIZATION, AND THE USE OF ANTISEPTICS,
     2  COSMETICS AND ELECTRICAL APPLIANCES CONSISTENT WITH THE
     3  PRACTICAL AND THEORETICAL REQUIREMENTS AS APPLICABLE TO
     4  COSMETOLOGY OR ANY PRACTICE THEREOF. THE HOURS OF TRAINING
     5  REQUIRED SHALL BE ACCOMPLISHED WITHIN FOUR CONSECUTIVE YEARS. IN
     6  NO CASE SHALL THERE BE LESS THAN ONE TEACHER TO EACH TWENTY-FIVE
     7  PUPILS. [A SEPARATE CURRICULUM OF FIVE] SEPARATE CURRICULA OF
     8  SIX HUNDRED HOURS SHALL BE ESTABLISHED FOR PERSONS SEEKING TO
     9  BECOME TEACHERS OF COSMETOLOGY, HAIR TECHNOLOGY, ESTHETICS, NAIL
    10  TECHNOLOGY OR NATURAL HAIR STYLING WHICH SHALL INCLUDE METHODS
    11  OF TEACHING AND PRINCIPLES OF EDUCATION: PROVIDED, HOWEVER, THAT
    12  TEACHERS IN PUBLIC SCHOOL PROGRAMS OF COSMETOLOGY WHO MEET THE
    13  STANDARDS ESTABLISHED BY THE DEPARTMENT OF EDUCATION FOR
    14  VOCATIONAL EDUCATION TEACHERS IN THE PUBLIC SCHOOLS SHALL BE
    15  DEEMED TO HAVE SATISFIED SUCH ADDITIONAL SEPARATE CURRICULUM FOR
    16  TEACHERS. EACH SCHOOL SHALL REPORT TO THE BOARD STUDENT HOURS
    17  QUARTERLY ON FORMS PROVIDED BY THE BOARD. A COSMETOLOGY SCHOOL
    18  SHALL BE MANAGED ON A DAY-TO-DAY BASIS BY A SCHOOL SUPERVISOR
    19  DESIGNATED BY THE OWNER OF THE SCHOOL. THAT PERSON'S NAME WILL
    20  BE ON FILE WITH THE BOARD AS THE RESPONSIBLE PARTY AT THE
    21  SCHOOL. THE SCHOOL'S SUPERVISOR SHALL NOT BE REQUIRED TO OBTAIN
    22  A SPECIAL LICENSE.
    23     * * *
    24     (C)  NO MEMBER OF THE BOARD MAY INSPECT OR BE PHYSICALLY
    25  PRESENT DURING THE ORIGINAL INSPECTION OF A COSMETOLOGY [SHOP]
    26  SALON OR A SCHOOL OF COSMETOLOGY.
    27     SECTION 6.2.  SECTION 8 OF THE ACT, AMENDED JUNE 30, 1984
    28  (P.L.479, NO.100), IS AMENDED TO READ:
    29     Section 8.  Practice in [Cosmetology Shops] Licensed Salons
    30  Only.--(a)  It shall be unlawful for any person [to]:
    20050S0707B1674                 - 10 -     

     1     (1)  to practice cosmetology for pay in any place other than
     2  a licensed cosmetology [shop, manicurist shop] salon or barber
     3  shop as defined in the act of June 19, 1931 (P.L.589, No.202),
     4  referred to as the Barbers' License Law[:]; or
     5     (2)  to practice esthetics, nail technology, hair technology
     6  or natural hair styling for pay in any place other than a
     7  licensed cosmetology salon or a salon licensed for one of the
     8  limited license practices.
     9     (b)  A [Provided, That a] licensed cosmetologist or the
    10  holder of a limited license may furnish [cosmetology] treatments
    11  to persons in their residences [of such persons] by appointment.
    12     Section 7.  Sections 8.1 and 9.2 heading and (a) of the act,
    13  amended June 29, 2002 (P.L.645, No.98), are amended to read:
    14     Section 8.1.  Booth Rental Prohibited.--The rental of booth
    15  space by an owner of a cosmetology [shop] salon to any holder of
    16  a license issued under this act is unlawful.
    17     Section 9.2.  Shared Shops and Salons.--(a)  A licensed
    18  barber and a licensed cosmetologist shall be permitted to work
    19  in the same shop or salon if the requirements of this section
    20  are met. Any licensed shop or salon which employs a licensed
    21  barber and a licensed cosmetologist shall not be required to
    22  erect or install any physical barriers which separate the barber
    23  and the cosmetologist. All licensed shops or salons shall
    24  conform with the provisions of section 4.4 of this act.
    25     * * *
    26     Section 8.  Section 10 of the act, amended June 30, 1984
    27  (P.L.479, No.100), is amended to read:
    28     Section 10.  Apprentices in Cosmetology [Shops] Salons.--Any
    29  cosmetologist who is a cosmetology [shop] salon owner, at least
    30  twenty-three years of age, who is a high school graduate or the
    20050S0707B1674                 - 11 -     

     1  equivalent thereof, who has had at least five years experience
     2  as a licensed cosmetologist in Pennsylvania, and who is a holder
     3  of a teacher's license, may instruct apprentices in a duly
     4  licensed cosmetology [shop] salon, provided that there shall be
     5  no less than two licensed cosmetologists in addition to the
     6  teacher for each apprentice in any [shop] salon and there shall
     7  be no more than two apprentices in any [shop] salon, and
     8  provided such [shop] salon is not held out as a school of
     9  cosmetology and provided each teacher instructing an apprentice
    10  shall report quarterly hours to the board on a form provided by
    11  the board. Such apprentices may apply for examination at the end
    12  of their apprenticeship at the next regular examination held by
    13  the board, and, if successful therein, shall be licensed as
    14  cosmetologists. Registered apprentices upon completion of their
    15  required term of apprenticeship, may apply for, and receive from
    16  the department, a temporary permit to practice in the field of
    17  cosmetology until the next regular examination. Nothing in this
    18  act shall prohibit an owner from hiring a cosmetology teacher to
    19  instruct apprentices.
    20     Section 9.  Section 12.1 of the act, amended June 29, 2002
    21  (P.L.645, No.98), is amended to read:
    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] to the examination for any of
    26  the limited licenses. An applicant who is thus licensed shall
    27  practice only under the supervision of a licensed teacher or
    28  cosmetologist, or under the supervision of the holder of a
    29  corresponding limited license, until the time of the next
    30  scheduled examination. Temporary licenses are granted for a
    20050S0707B1674                 - 12 -     

     1  nine-month period.
     2     Section 10.  Section 13(a) of the act, amended June 30, 1984
     3  (P.L.479, No.100), is amended to read:
     4     Section 13.  Powers and Duties of Board.--(a)  The board
     5  shall have the power to refuse, revoke, refuse to renew or
     6  suspend licenses, upon due hearing, on proof of violation of any
     7  provisions of this act, or the rules and regulations established
     8  by the board under this act, or for gross incompetency or
     9  dishonest or unethical practices, or for failing to submit to an
    10  inspection of a licensee's [shop] salon during the business
    11  hours of the [shop] salon and shall have the power to require
    12  the attendance of witnesses and the production of such books,
    13  records, and papers as may be necessary. Before any licenses
    14  shall be suspended or revoked for any of the reasons contained
    15  in this section, the holder thereof shall have notice in writing
    16  of the charge or charges against him or her and shall, at a day
    17  specified in said notice, be given a public hearing before a
    18  duly authorized representative of the board with a full
    19  opportunity to produce testimony in his or her behalf and to
    20  confront the witnesses against him or her. Any person whose
    21  license has been so suspended may on application to the board
    22  have the same reissued to him or her, upon satisfactory proof
    23  that the disqualification has ceased.
    24     * * *
    25     Section 11.  Section 14 of the act, amended June 29, 2002
    26  (P.L.645, No.98), is amended to read:
    27     Section 14.  Sanitary Rules.--The board shall prescribe such
    28  sanitary rules as it may deem necessary, with particular
    29  reference to the precautions necessary to be employed to prevent
    30  the creating and spreading of infectious and contagious
    20050S0707B1674                 - 13 -     

     1  diseases; and it shall be unlawful for the owner of any
     2  cosmetology [shop] salon or school of cosmetology to permit any
     3  person to sleep in or use for residential purposes any room used
     4  wholly or in part as a cosmetology [shop] salon or school of
     5  cosmetology.
     6     Section 12.  Section 14.1 of the act, added June 30, 1984
     7  (P.L.479, No.100), is amended to read:
     8     Section 14.1.  Tanning Units.--The board may not prescribe or
     9  enforce any regulation prohibiting the use of any type of
    10  tanning unit in cosmetology [shops] salons unless the United
    11  States Food and Drug Administration, or another Federal or
    12  Commonwealth agency of comparable expertise on matters of public
    13  health, determines that the use of that type of tanning unit in
    14  accordance with the manufacturer's instructions presents a
    15  serious risk to the public.
    16     Section 13.  Section 16(a) and (b) of the act, amended June
    17  30, 1984 (P.L.479, No.100) and June 29, 2002 (P.L.645, No.98),
    18  are amended and the section is amended by adding a subsection
    19  designation to read:
    20     Section 16.  Fees.--(a)  The board shall, by regulation, fix
    21  the following fees: (1) for the issuance of a license, with or
    22  without examination, for cosmetology [shop] salon owners,
    23  teachers, cosmetologists, [manicurists, manicurist shops,] nail
    24  technologists, nail technology salons, estheticians, esthetician
    25  salons, hair technicians, hair technician salons, natural hair
    26  stylists, natural hair styling salons, students[,] and
    27  cosmetology schools;
    28     (2) (1.1) [and] for registration fee for apprentices; and      <--
    29     [(2)] (3) for biennial renewal [fees for] of cosmetology       <--
    30  [shop] salon owners, school instructors, cosmetologists,
    20050S0707B1674                 - 14 -     

     1  [manicurists, cosmetology schools and manicurist shops.] nail
     2  technologists, estheticians, hair technicians, natural hair
     3  stylists, cosmetology schools, nail technology salons,
     4  esthetician salons, hair technology salons and natural hair       <--
     5  styling salons. Fees for SALONS AND NATURAL HAIR STYLING SALONS.  <--
     6     (A.1)  FEES FOR registration, licensure and examination shall
     7  be paid in advance to the department into the Professional
     8  Licensure Augmentation Account.
     9     (b)  In case a cosmetology [shop] salon owner changes the
    10  location of his or her [shop] salon a new license must be
    11  secured. The board shall, by regulation, fix the fee required
    12  for such new license.
    13     * * *
    14     Section 14.  Section 18.1 of the act, added June 30, 1984
    15  (P.L.479, No.100), is amended to read:
    16     Section 18.1.  Customer Complaints.--Each [shop] salon shall
    17  have displayed in a conspicuous place near the [shop] salon
    18  entrance a notice to customers listing the phone number at which
    19  a customer may report a complaint to the State Board of
    20  Cosmetology.
    21     Section 15.  Section 20(e) of the act, amended June 29, 2002
    22  (P.L.645, No.98), is amended to read:
    23     Section 20.  Penalties.--* * *
    24     (e)  The owner of any [shop] salon employing an unlicensed
    25  cosmetologist shall, upon conviction, be sentenced to pay a fine
    26  not exceeding five hundred dollars ($500.00), or to undergo
    27  imprisonment not exceeding six (6) months, or both, at the
    28  discretion of the court.
    29     Section 16.  The board shall promulgate regulations required
    30  to implement this act within 18 months of the effective date of
    20050S0707B1674                 - 15 -     

     1  this act.
     2     Section 17.  This act shall take effect in 60 days.



















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