PRINTER'S NO. 664
No. 595 Session of 1975
INTRODUCED BY A. P. KELLY, DORR, FAWCETT, TOLL, A. C. FOSTER JR., M. E. MILLER JR., COHEN, McGINNIS, USTYNOSKI, BARBER, BERLIN, REED, GEORGE, TADDONIO, OLIVER, KNEPPER, SHANE, CRAWFORD, DiCARLO AND VALICENTI, FEBRUARY 26, 1975
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 3, 1975
AN ACT 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 and registration of those who 4 desire to engage in the occupation of beauty culture; 5 defining beauty culture, and regulating beauty culture shops, 6 schools, students, apprentices, teachers, managers and 7 operators; conferring powers and duties upon the Commissioner 8 of Professional and Occupational Affairs in the Department of 9 State; providing for appeals to certain courts by applicants 10 and licensees; and providing penalties," permitting 11 demonstrations of beauty culture techniques without 12 additional fees; further providing for supervision, and 13 providing for temporary certification of beauty shops and 14 certain students who have taken the examination. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. The act of May 3, 1933 (P.L.242, No.86), 18 entitled, as amended, "An act to promote the public health and 19 safety by providing for examination and registration of those 20 who desire to engage in the occupation of beauty culture; 21 defining beauty culture, and regulating beauty culture shops, 22 schools, students, apprentices, teachers, managers and
1 operators; conferring powers and duties upon the Commissioner of 2 Professional and Occupational Affairs in the Department of 3 State; providing for appeals to certain courts by applicants and 4 licensees; and providing for appeals to certain courts by 5 applicants and licensees; and providing penalties," is amended 6 by adding sections to read: 7 Section 8.1. No Fee for Demonstrations.--Any regularly- 8 organized group of licensees, upon submission of an application 9 in a form approved by the board, may conduct or authorize to be 10 conducted demonstrations of techniques of beauty culture for the 11 purpose of educating members of the group or other licensees 12 without the payment of any fee to the Board or the Commonwealth. 13 Section 8.2. Beauty Shop Supervisors.--Each registered 14 beauty shop shall be under the supervision either of the owner 15 in which case the said owner shall be a registered operator or 16 of a registered manager or registered teacher. Such person under 17 whose supervision the shop is being operated shall be present 18 during all hours of operation except for reasonable temporary 19 absences including, but not limited to, absence due to illness 20 or vacation. In the event such supervisor intends to be absent 21 for a period longer than two (2) successive days, the Board 22 shall be notified in writing in advance of said absence. 23 Section 2. Section 9 of the act amended October 2, 1959 24 (P.L.1010, No.421) is amended to read: 25 Section 9. Exceptions to Examination Requirements; Present 26 Students and Apprentices.--Any person who has practiced or 27 taught beauty culture or acted as manager of a beauty shop or 28 school of beauty culture, under a certificate, license or 29 permit, for not less than two years in another state, territory, 30 or District of Columbia, may secure the certificate of 19750H0595B0664 - 2 -
1 registration required by this act without an examination or 2 compliance with other requirements as to age or education: 3 Provided, That the Board shall be satisfied that the standards 4 provided for licensure under the laws of the place wherein the 5 applicant's license was issued are the same or substantially the 6 same as those provided for hereunder, that similar privileges 7 are accorded persons licensed under the laws of the 8 Commonwealth, that the applicant holds a valid license from the 9 place wherein he is entitled to practice, and that all the terms 10 and conditions prescribed by the Board are complied with by the 11 applicant. Such application shall be accompanied by an affidavit 12 of a practicing physician that the applicant was examined and is 13 free from all contagious and infectious diseases, and the 14 registration fee required by this act. Any person studying 15 beauty culture in a school of beauty culture or as an apprentice 16 in a beauty shop in this Commonwealth at the time this act goes 17 into effect shall receive credit for such time and studies 18 without complying with the requirements of this act as to age 19 and preliminary education, provided such person shall make 20 application to the department for registration as a student or 21 apprentice within three months after this act goes into effect. 22 Students, upon graduating from registered schools of beauty 23 culture, may [apply for, and receive from the department, a 24 temporary permit to practice as an operator until the next 25 regular examination held by the department under the provisions 26 of this act.] , upon submission of their application to take the 27 next regular examination held by the department under the 28 provisions of this act, practice as an operator until notified 29 of the results of such examination: Provided, however, That 30 registered schools of beauty culture shall issue to each student 19750H0595B0664 - 3 -
1 graduating therefrom a certificate of such graduation in a form 2 approved by the Board which shall at all such times be 3 prominently displayed in the area of the shop where such student 4 is so practicing. 5 Section 3. The act is amended by adding a section to read: 6 Section 14.1. Temporary Beauty Shop Certificate.--Upon 7 completion of any on-site inspection required prior to the 8 opening of a beauty shop, if the inspector has found that the 9 shop and the contents thereof reasonably meet the requirements 10 of the rules of the Board concerning the same, the inspector 11 shall immediately issue a temporary certificate which shall 12 authorize the shop to be open for business until the permanent 13 certificate is issued or denied by the board. 14 Section 4. This act shall take effect in 60 days. A28L50RLC/19750H0595B0664 - 4 -