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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY TOMLINSON, RAFFERTY, WARD, HUGHES, STOUT, FARNESE, BOSCOLA AND FONTANA, JULY 27, 2009 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JULY 27, 2009 |
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| AN ACT |
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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 | salons, 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," providing for continuing education. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. The act of May 3, 1933 (P.L.242, No.86), referred |
15 | to as the Cosmetology Law, is amended by adding a section to |
16 | read: |
17 | Section 3.1. Continuing Education.--(a) The board shall |
18 | adopt regulations on or before July 1, 2011, that set forth |
19 | standards and requirements for the renewal of all licenses under |
20 | the authority of the board that do all of the following: |
21 | (1) Establish regulations requiring all licensees within the |
22 | board's authority to complete twelve hours of continuing |
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1 | education courses every two years prior to the renewal of a |
2 | license. Courses must include a minimum of two hours of the |
3 | study of communicable diseases, two hours of the study of safety |
4 | and sanitation to protect the public and licensees and two hours |
5 | of the study of State laws and regulations administered by the |
6 | board. The remaining six hours may be elective courses approved |
7 | by the board. |
8 | (2) Establish regulations for continuing education providers |
9 | to be approved by the board. |
10 | (3) Allow courses to be offered in a classroom, via the |
11 | Internet or through home study. |
12 | (4) Require courses to be provided by any of the following: |
13 | (i) A State-supported institution |
14 | (ii) A for-profit corporation. |
15 | (iii) A nonprofit corporation. |
16 | (iv) A trade association. |
17 | (v) An individual. |
18 | (b) The renewal application for an active license shall |
19 | include proof satisfactory to the board that the licensee has, |
20 | since the issuance or renewal of the licensee's current license, |
21 | satisfactorily completed at least twelve hours of continuing |
22 | education courses during each biennium, as prescribed by the |
23 | board. |
24 | (c) The board shall also establish, pursuant to section 20, |
25 | penalties, including remediation requirements, for licensees and |
26 | establishments that violate a regulation adopted pursuant to |
27 | this section. |
28 | (d) Continuing education providers. |
29 | (1) Each continuing education provider shall provide to the |
30 | department such information regarding the continuing education |
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1 | status of licensees as the department determines is necessary to |
2 | carry out its duties, in an electronic format determined by the |
3 | department. After a licensee's completion of a course, the |
4 | information must be submitted to the department electronically |
5 | no later than ten calendar days thereafter. |
6 | (2) Each continuing education provider shall retain all |
7 | records relating to a licensee's completion of continuing |
8 | education courses for at least four years after completion of a |
9 | course. |
10 | (3) A continuing education provider may not be approved, and |
11 | the approval may not be renewed, unless the provider agrees in |
12 | writing to provide such cooperation under this section as the |
13 | department deems necessary or appropriate. |
14 | (4) The department may fine, suspend or revoke approval of |
15 | any continuing education provider that fails to comply with its |
16 | duties under this section. The fine may not exceed five hundred |
17 | dollars ($500.00) per violation. Investigations and prosecutions |
18 | of a provider's failure to comply with its duties under this |
19 | section shall be conducted pursuant to regulations established |
20 | by the board. |
21 | (5) For the purpose of determining which persons or entities |
22 | must meet the reporting, recordkeeping and access provisions of |
23 | this section, the board shall, by regulation, adopt a definition |
24 | of the term "continuing education provider" applicable to the |
25 | profession's continuing education requirements. The intent of |
26 | the regulation shall be to ensure that all records and |
27 | information necessary to carry out the requirements of this |
28 | section are maintained and transmitted accordingly and to |
29 | minimize disputes as to what person or entity is responsible for |
30 | maintaining and reporting such records and information. |
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1 | (e) (1) For the purpose of assessing fees to cover the cost |
2 | to the board of administering this section, the board shall |
3 | assess fees from the providers as it may determine necessary |
4 | including, but not limited to, the following: |
5 | (i) Provider application fee, one thousand dollars |
6 | ($1,000.00). |
7 | (ii) Fee for each course completed with provider, five |
8 | dollars ($5.00). |
9 | (2) Fees shall be paid to the board as prescribed by |
10 | regulation of the board. |
11 | Section 2. This act shall take effect in 60 days. |
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