PRINTER'S NO. 485
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
485
Session of
2017
INTRODUCED BY SCAVELLO, ARGALL, SCARNATI, COSTA, RAFFERTY AND
BARTOLOTTA, MARCH 6, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 6, 2017
AN ACT
Amending the act of May 3, 1933 (P.L.242, No.86), entitled, as
amended, "An act to promote the public health and safety by
providing for examination, licensing and granting of permits
for those who desire to engage in the profession of
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 management of cosmetology
salons, for requirements of a school of cosmetology, for
practice in licensed salons only and for booth rental
prohibited; providing for criminal background information;
further providing for powers and duties of board; and
providing for variances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4.4, 6 and 8 of the act of May 3, 1933
(P.L.242, No.86), referred to as the Cosmetology Law, are
amended by adding subsections to read:
Section 4.4. Management of Cosmetology Salons.--* * *
(d) A salon owner that has been awarded a license under this
act and moves or vacates the license must resubmit the variance
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request to the board. Any variance previously awarded by the
board to the salon owner shall be void.
Section 6. Requirements of a School of Cosmetology.--* * *
(e) A school of cosmetology may offer curriculum for a
combined program of instruction for any of the practices
authorized under subsection (d). The combined program must
require a minimum of six hundred hours of instruction.
Section 8. Practice in Licensed Salons Only.--* * *
(c) If a treatment is furnished in a home or other building
containing living quarters under subsection (b), the portion of
the home or other building where a treatment is furnished may
not be used as living, dining or sleeping quarters.
Section 2. Section 8.1 of the act is amended to read:
Section 8.1. Booth Rental Prohibited.--(a) The rental of
booth space by an owner of a cosmetology salon, or the owner of
a salon limited to esthetics, nail technology or natural hair
braiding, to any holder of a license issued under this act is
unlawful.
(b) For the purposes of this section, the term "rental of
booth space" shall mean the renting or leasing of any space to a
licensed cosmetologist where that space does not meet the
requirements of a salon set forth in the Pennsylvania Code or
the regulations promulgated by the board.
Section 3. The act is amended by adding a section to read:
Section 12.2. Criminal Background Information.--The board
may not request or consider criminal background information of
an applicant as a requirement for examination or licensure.
Applicants should not be subject to 18 Pa.C.S. ยง 9124 (relating
to use of records by licensing agencies).
Section 4. Section 13 of the act is amended by adding a
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subsection to read:
Section 13. Powers and Duties of Board.--* * *
(d) The board shall publish its meeting agenda on the
board's publicly accessible Internet website not less than
thirty days prior to the meeting. The publication shall include
a detailed description of each item on the meeting agenda.
Section 5. The act is amended by adding a section to read:
Section 13.1. Variances.--(a) When awarding a variance
request, the board shall provide a detailed explanation of its
decision.
(b) In deciding a variance request, the board may not:
(1) Delegate the review and decision on the variance request
to a staff member of the board or any person designated by the
board. Nothing in this paragraph shall be construed to prohibit
the board from authorizing a staff member or other person to
review and recommend a decision to the board on a variance
request, provided that the board makes the final decision on the
variance request.
(2) Award the variance for new construction, additions or
renovations, unless the requester demonstrates an extenuating
need for the variance.
(3) Award the variance for a shared lavatory. A lavatory
shall be located within the square footage of the salon.
(4) Award the variance if the salon would be permitted to
share the same space as another salon or other business.
(c) This section shall not apply to a lavatory situated in a
home or other building that contains living quarters for the
purposes of treatments furnished under section 8(b).
Section 6. This act shall take effect in 60 days.
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