THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TOMLINSON, RAFFERTY, WARD, HUGHES, STOUT, FARNESE, BOSCOLA AND FONTANA, JULY 27, 2009

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, JUNE 8, 2010  

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 in the Department of State; providing for appeals to

certain courts by applicants and licensees; and providing

penalties," providing for continuing education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of May 3, 1933 (P.L.242, No.86), referred

to as the Cosmetology Law, is amended by adding a section to

read:

Section 3.1.  Continuing Education.--(a)  The board shall

adopt regulations on or before July 1, 2011, that set forth

standards and requirements for the renewal of all licenses under

the authority of the board that do all of the following:

(1)  Establish regulations requiring all licensees within the

board's authority to complete twelve hours of continuing

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education courses every two years prior to the renewal of a

license as follows:

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(i)  Cosmetology licensees shall complete twelve hours of

continuing education. Courses must include a minimum of two

hours of the study of communicable diseases, two hours of the

study of safety and sanitation in order to protect the public

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and licensees and two hours of the study of State laws and

regulations administered by the board. The remaining six hours

may be elective courses in subjects approved by the board.

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(ii)  Limited esthetics and nail technology licensees must

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complete six hours of continuing education. Courses must include

two hours of the study of safety and sanitation in order to

protect the public and licensees. The remaining four hours may

be elective courses in subjects approved by the board.

(iii)  Limited natural hair braider licensees must complete

six hours of continuing education. Courses must include two

hours of the study of safety and sanitation in order to protect

the public and licensees. The remaining four hours may be

elective courses in subjects approved by the board.

Implementation of this subparagraph shall be delayed until one

year after final adoption of the regulations required by this

subsection.

(2)  Establish regulations for continuing education providers

to be approved by the board.

(3)  Allow courses to be offered in a classroom, trade show,

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via the Internet or through home study.

(4)  Require courses to be provided by any of the following:

(i)  A State-supported institution 

(ii)  A for-profit corporation.

(iii)  A nonprofit corporation.

(iv)  A trade association.

(v)  An individual.

(b)  The renewal application for an active license shall

include proof satisfactory to the board that the licensee has,

since the issuance or renewal of the licensee's current license,

satisfactorily completed at least twelve hours the minimum

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required number of continuing education courses during each

biennium, as prescribed by the board.

(c)  The board shall also establish, pursuant to section 20,

penalties, including remediation requirements, for licensees and

establishments that violate a regulation adopted pursuant to

this section.

(d)  Continuing education providers.

(1)  Each continuing education provider shall provide to the

department such information regarding the continuing education

status of licensees as the department determines is necessary to

carry out its duties, in an electronic format determined by the

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department. After a licensee's completion of a course, the

information must be submitted to the department electronically

no later than ten calendar days thereafter.

(2)  Each continuing education provider shall retain all

records relating to a licensee's completion of continuing

education courses for at least four years after completion of a

course.

(3)  A continuing education provider may not be approved, and

the approval may not be renewed, unless the provider agrees in

writing to provide such cooperation under this section as the

department deems necessary or appropriate.

(4)  The department may fine, suspend or revoke approval of

any continuing education provider that fails to comply with its

duties under this section. The fine may not exceed five hundred

dollars ($500.00) per violation. Investigations and prosecutions

of a provider's failure to comply with its duties under this

section shall be conducted pursuant to regulations established

by the board.

(5)  For the purpose of determining which persons or entities

must meet the reporting, recordkeeping and access provisions of

this section, the board shall, by regulation, adopt a definition

of the term "continuing education provider" applicable to the

profession's continuing education requirements. The intent of

the regulation shall be to ensure that all records and

information necessary to carry out the requirements of this

section are maintained and transmitted accordingly and to

minimize disputes as to what person or entity is responsible for

maintaining and reporting such records and information.

(e)  (1)  For the purpose of assessing fees to cover the cost

to the board of administering this section, the board shall

assess fees from the providers as it may determine necessary

including, but not limited to, the following:

(i)  Provider application fee, one thousand dollars

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($1,000.00) one hundred twenty-five dollars ($125.00) annually.

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Future fee adjustments may be determined by regulation, but

shall not exceed five hundred dollars ($500.00).

(ii)  Fee for each course completed with provider, five

dollars ($5.00).

(2)  Fees shall be paid to the board as prescribed by

regulation of the board.

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