AN ACT

 

1Amending the act of May 3, 1933 (P.L.242, No.86), entitled, as
2amended, "An act to promote the public health and safety by
3providing for examination, licensing and granting of permits
4for those who desire to engage in the profession of
5cosmetology; defining cosmetology, and regulating cosmetology
6salons, schools, students, apprentices, teachers, managers,
7manicurists and cosmetologists; conferring powers and duties
8upon the Commissioner of Professional and Occupational
9Affairs in the Department of State; providing for appeals to
10certain courts by applicants and licensees; and providing
11penalties," providing for practice of massage therapy in
12cosmetology salon or esthetician salon.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. The act of May 3, 1933 (P.L.242, No.86), referred
16to as the Cosmetology Law, is amended by adding a section to
17read:

18Section 9.3.  Practice of Massage Therapy in Cosmetology
19Salon or Esthetician Salon.--(a) An individual licensed under
20the act of October 9, 2008 (P.L.1438, No.118), known as the
21"Massage Therapy Law," shall be permitted to practice massage
22therapy within the approved premises of a licensed cosmetology

1salon or a licensed esthetician salon if the following
2conditions are met:

3(1) The massage therapy licensee is employed by the salon
4and is not an independent contractor.

5(2) The massage therapist practices in accordance with this
6act and the Massage Therapy Law.

7(3) The salon owner provides an appropriate level of privacy
8for clients in accordance with the following:

9(i) No physical barriers separating the areas used for
10massage therapy from the areas used for cosmetology or esthetics
11shall be required when a massage therapist performs massage
12services that a cosmetologist or esthetician is authorized to
13perform.

14(ii) A salon owner shall be required to provide separate
15massage therapy rooms with permanent walls and doors to ensure
16privacy for clients receiving massage services from a massage
17therapist when the services are beyond the practice of
18cosmetology or esthetics.

19(iii) In order to enhance client comfort, esthetician
20services may be provided to a client in the same room where the
21client receives massage therapy, provided these services are not
22performed concurrently.

23(b) A licensee under this section is subject to inspection
24by the board and the State Board of Massage Therapy.

25(c) A licensee under this section who violates this act or
26the Massage Therapy law shall be subject to discipline by the
27licensee's applicable licensing board.

28(d) Within 18 months of the effective date of this section,
29the State Board of Cosmetology and the State Board of Massage
30Therapy shall jointly promulgate final regulations to carry out

1the provisions of this section.

2Section 2. This act shall take effect in 60 days.