PRINTER'S NO. 2768
No. 2101 Session of 1989
INTRODUCED BY HAGARTY, HERMAN, MORRIS, MELIO, McVERRY, PHILLIPS,
HARPER, MAIALE, HOWLETT, MERRY, JOHNSON, CLYMER, RICHARDSON,
BILLOW AND LEE, NOVEMBER 15, 1989
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
NOVEMBER 15, 1989
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, licensing and granting of permits
4 for those who desire to engage in the profession of
5 cosmetology; defining cosmetology, and regulating cosmetology
6 shops, 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," further providing for the issuance of a
12 cosmetology license to certain registered barbers; and
13 providing that a licensed cosmetology shop owner or manager
14 may employ or supervise a licensed barber.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Sections 9.1 and 9.2 of the act of May 3, 1933
18 (P.L.242, No.86), referred to as the Cosmetology Law, amended or
19 added June 30, 1984 (P.L.479, No.100), are amended to read:
20 Section 9.1. Credit for Registered Barbers.--(a) If a
21 registered barber wishes to become a licensed cosmetologist, he
22 or she shall have successfully completed the one thousand two
23 hundred fifty-hour barber training course or shall possess a
1 current barber license. Upon application to the board he or she
2 shall be given five hundred fifty-five hours of credit for
3 subjects previously covered in the barber training course, which
4 subjects shall be enumerated by joint regulation of the State
5 Board of Barber Examiners and the State Cosmetology Board.
6 Before such person is permitted to take the cosmetology
7 practical and theory State Board examination, he or she shall
8 have successfully passed both the theory and practical portions
9 of the State Barber Board examination.
10 (b) A registered barber who also holds a current active
11 manicurist license may take the cosmetology practical and theory
12 State board examination and shall be issued a cosmetologist
13 license without meeting the requirement of additional hours of
14 instruction, provided that the applicant was issued the
15 manicurist license prior to the issuance of the barber license.
16 Section 9.2. Shared Shops.--(a) A licensed barber and a
17 licensed cosmetologist shall be permitted to work in the same
18 shop if the requirements of this section are met. Any licensed
19 shop which employs a licensed barber and a licensed
20 cosmetologist shall not be required to erect or install any
21 physical barriers which separate the barber and the
22 cosmetologist. All licensed shops shall conform with the
23 provisions of section 4.4 of this act.
24 [(b) A cosmetology shop licensee who shall employ a licensed
25 barber shall also be a licensed cosmetologist manager and a
26 barber or employ a cosmetologist manager who is licensed as a
27 barber.
28 (c) All shops licensed one year prior to the effective date
29 of this section shall not be required to comply with subsection
30 (b), but shall comply with all other provisions of this act.
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1 (d) All owners or managers of shops licensed within one year
2 prior to or after the effective date of this section who shall
3 employ licensed barbers shall themselves or their cosmetologist
4 managers be eligible for the barber license examination if they
5 have a current cosmetologist manager's license or own as an
6 owner-operator a current licensed cosmetology shop. No
7 additional curriculum hours shall be required. If the owner or
8 the manager fails the examination, they shall be required to
9 obtain an additional six hundred ninety-five curriculum hours as
10 prescribed in section 3.2 of the act of June 19, 1931 (P.L.589,
11 No.202), referred to as the Barbers' License Law.]
12 (b) A licensed cosmetology shop owner or manager may employ
13 or supervise a licensed barber.
14 [(e)] (c) For the purpose of this section only, when a
15 licensee under this act and a licensee under the Barbers'
16 License Law are subject to formal proceedings for violations of
17 this act or the Barbers' License Law, the board and the State
18 Board of Barber Examiners shall consolidate all formal actions
19 against such licensees for the purpose of prosecution and
20 hearing provided that the board shall retain to itself
21 exclusively the power to revoke or suspend licenses after such
22 prosecution and hearing.
23 Section 2. This act shall take effect immediately.
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