PRINTER'S NO. 664

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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
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     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.











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