PRINTER'S NO. 318

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

321

Session of

2017

INTRODUCED BY NEILSON, O'BRIEN, V. BROWN AND D. COSTA,

FEBRUARY 3, 2017

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,

cosmetology; defining cosmetology, and regulating cosmetology

salons, schools, students, apprentices, teachers, managers,

manicurists and cosmetologists; conferring powers and duties

upon the Commissioner of Professional and Occupational

Affairs of the Department of State; providing for appeals to

certain courts by applicants and licensees; and providing

penalties," further providing for eligibility requirements

for examination, for limited licenses and for duration and

renewal of licenses.

The General Assembly of the Commonwealth of Pennsylvania

as a cosmetologist unless such person (1) shall be at least

sixteen years of age and of good moral character at the time of

making application, and (2) shall have (i) completed a tenth

grade education or the equivalent thereof, or in lieu of such

education or the equivalent thereof shall have received training

from or under the auspices of the Bureau of Rehabilitation in

the Department of Labor and Industry, and (ii) completed one

hour of domestic violence and sexual assault awareness training

as approved by the board, and (3) shall have either (i)

completed not less than one thousand two hundred fifty hours as

registered and served as an apprentice at least two thousand

licensed cosmetology salon where the applicant studied and

trained, stating that the applicant has completed the study and

training period required under this act.

(b) An applicant wishing to obtain licensure in the practice

of cosmetology may be permitted to apply to take the written

examination upon completion of at least nine hundred hours of

instruction in a duly licensed school of cosmetology. The

examination shall include both theoretical and procedural skill

questions as prescribed by the board. Any applicant may apply

and is eligible for licensure upon (1) passing the written

(c) No person shall be permitted to receive a license to

teach cosmetology or natural hair braiding, nail technology or

esthetics unless such person shall have a license to practice

cosmetology or a limited license, be at least eighteen years of

age, shall have completed a twelfth grade education or the

equivalent thereof, has completed one hour of domestic violence

and sexual assault awareness training as approved by the board

to the hours necessary to qualify for a license to practice

hundred hours of the specialized training required. The

examination shall include both theoretical and procedural skill

questions as prescribed by the board. Any applicant may apply

and is eligible for licensure upon (1) passing the written

examination, (2) completion of the required five hundred hours

of instruction, [and] (3) certification by a duly licensed

school of satisfactory completion of all program requirements,

and (4) completion of one hour of domestic violence and sexual

assault awareness training as approved by the board.

Section 5. Limited Licenses.--(a) An applicant for a

engage in the practice of esthetics only. An applicant for an

esthetician license shall have completed three hundred hours of

instruction in esthetics in a licensed school of cosmetology and

passed an examination limited to that practice. Licensed

estheticians may operate a salon limited to that license. An

applicant may be permitted to apply to take a written

examination upon completion of at least two hundred fifty hours

skill questions as prescribed by the board. Any applicant may

and (iv) completion of one hour of domestic violence and sexual

assault awareness training as approved by the board.

(2) Nail technician license, which shall authorize the

holder to engage in the practice of nail technology only. An

applicant for a nail technician license shall have completed two

hundred hours of instruction in nail technology in a licensed

school of cosmetology and passed an examination limited to that

practice. Licensed nail technicians may operate a salon limited

to that license. An applicant may be permitted to take a written

examination upon completion of at least one hundred fifty hours

duly licensed school of satisfactory completion of all program

requirements, and (iv) completion of one hour of domestic

violence and sexual assault awareness training as approved by

the board.

(3) (i) Natural hair braiding license, which shall

authorize the holder to engage in the practice of natural hair

braiding only. An applicant for a natural hair braiding license

hair braiding in a cosmetology school and passed an examination

braiding in a licensed school of cosmetology. The examination

shall include both theoretical and procedural skill questions as

prescribed by the board. Any applicant may apply and is eligible

for licensure upon (A) passing the written examination, (B)

completion of the required three hundred hours of board-approved

subjects, [and] (C) certification by a duly licensed school of

satisfactory completion of all program requirements, and (D)

completion of one hour of domestic violence and sexual assault

awareness training as approved by the board.

(ii) The requirements of paragraph (3)(i) shall not apply

braiding for three consecutive years immediately prior to the

date of application for licensure. Proof of practice shall

require tax records of employment and an affidavit from the

applicant and the applicant's immediate supervisor where

applicable. The board shall accept the information provided

without penalty to the applicant for failure to comply with

licensing provisions prior to the effective date of this

under subsection (b)(3)(ii), the licensee shall provide the

The courses shall include, at a minimum, scalp care, hygiene and

occupational safety.

Section 19. Duration and Renewal of Licenses.--(a) With the

period ending January 31, 1986, the Bureau of Professional and

Occupational Affairs shall designate approximately one-half of

the renewals to expire in twelve months and the remainder of the

renewals to expire in twenty-four months. Thereafter, licenses

shall expire on the thirty-first day of January of each

succeeding biennium unless renewed for the next biennium.

Licenses may be renewed by application made prior to the thirty-

first day of January of each succeeding biennium, and the

at any such time within a five-year period if he desires to

again become engaged in the practice of cosmetology or the

practice of nail technology, natural hair braiding or esthetics.

(c) Any person who fails to renew his license or has

escrowed his license for a period of five years without renewing

his license shall, prior to receiving a license, submit to and

pass an examination appropriate to the license being sought.

provided in this act shall not be eligible for renewal until the

license.

Section 2. This act shall take effect in 180 days.