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

1therapy within the approved premises of a licensed cosmetology
2salon or a licensed esthetician salon if the following
3conditions are met:

4(1) The massage therapy licensee is <-the owner of or employed
5by the salon and is not an independent contractor.

6(2) The massage therapist practices in accordance with this
7act and the Massage Therapy Law.

8(3) The salon owner provides an appropriate level of privacy
9for clients in accordance with the following:

10(i) No physical barriers separating the areas used for
11massage therapy from the areas used for cosmetology or esthetics
12shall be required when a massage therapist performs massage
13services that a cosmetologist or esthetician is authorized to
14perform.

15(ii) A salon owner shall be required to provide separate
16massage therapy rooms with permanent walls and doors to ensure
17privacy for clients receiving massage services from a massage
18therapist when the services are beyond the practice of
19cosmetology or esthetics.

20(iii) In order to enhance client comfort, esthetician
21services may be provided to a client in the same room where the
22client receives massage therapy, provided these services are not
23performed concurrently.

24(b) A licensee under this section is subject to inspection
25by the board and the State Board of Massage Therapy.

26(c) A licensee under this section who violates this act or
27the Massage Therapy law shall be subject to discipline by the
28licensee's applicable licensing board.

29(d) Within 18 months of the effective date of this section,
30the State Board of Cosmetology and the State Board of Massage

1Therapy shall jointly promulgate final regulations to carry out
2the provisions of this section.

3Section 2. This act shall take effect in 60 days.