PRIOR PRINTER'S NO. 2768 PRINTER'S NO. 4036
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
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 1990
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. ADDING <--
15 DEFINITIONS; PROVIDING FOR AN ELECTROLOGY ADVISORY COMMITTEE
16 TO THE STATE BOARD OF COSMETOLOGY; FURTHER PROVIDING FOR
17 COSMETOLOGY SHOP LICENSEES WHO EMPLOY LICENSED BARBERS;
18 PROVIDING FOR THE REGULATION OF THE PRACTICE OF ELECTROLOGY;
19 REQUIRING THE LICENSING OF ELECTROLOGISTS; PROVIDING
20 PENALTIES; AND MAKING AN APPROPRIATION.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Sections 9.1 and 9.2 of the act of May 3, 1933 <--
24 (P.L.242, No.86), referred to as the Cosmetology Law, amended or
25 added June 30, 1984 (P.L.479, No.100), are amended to read:
26 Section 9.1. Credit for Registered Barbers.--(a) If a
1 registered barber wishes to become a licensed cosmetologist, he
2 or she shall have successfully completed the one thousand two
3 hundred fifty-hour barber training course or shall possess a
4 current barber license. Upon application to the board he or she
5 shall be given five hundred fifty-five hours of credit for
6 subjects previously covered in the barber training course, which
7 subjects shall be enumerated by joint regulation of the State
8 Board of Barber Examiners and the State Cosmetology Board.
9 Before such person is permitted to take the cosmetology
10 practical and theory State Board examination, he or she shall
11 have successfully passed both the theory and practical portions
12 of the State Barber Board examination.
13 (b) A registered barber who also holds a current active
14 manicurist license may take the cosmetology practical and theory
15 State board examination and shall be issued a cosmetologist
16 license without meeting the requirement of additional hours of
17 instruction, provided that the applicant was issued the
18 manicurist license prior to the issuance of the barber license.
19 SECTION 1. SECTION 1 OF THE ACT OF MAY 3, 1933 (P.L.242, <--
20 NO.86), REFERRED TO AS THE COSMETOLOGY LAW, IS AMENDED BY ADDING
21 DEFINITIONS TO READ:
22 SECTION 1. DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES
23 WHEN USED IN THIS ACT SHALL HAVE THE MEANINGS GIVEN TO THEM IN
24 THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
25 * * *
26 "ELECTROLOGIST" MEANS AN INDIVIDUAL WHO ENGAGES IN THE
27 PRACTICE OF ELECTROLOGY.
28 "ELECTROLOGY" MEANS THE REMOVAL OF HAIR PERMANENTLY THROUGH
29 THE USE OF ELECTRICAL OR THERMOLYTICAL INSTRUMENTS.
30 "ELECTROLOGY ADVISORY COMMITTEE" MEANS THE ADVISORY COMMITTEE
19890H2101B4036 - 2 -
1 TO THE STATE BOARD OF COSMETOLOGY, CREATED PURSUANT TO SECTION
2 1.2 OF THIS ACT.
3 * * *
4 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
5 SECTION 1.2. ELECTROLOGY ADVISORY COMMITTEE.--(A) THERE IS
6 HEREBY CREATED AN ADVISORY COMMITTEE TO BE KNOWN AS THE
7 ELECTROLOGY ADVISORY COMMITTEE, WHICH SHALL BE APPOINTED BY THE
8 GOVERNOR WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ACT,
9 WITH THE ADVICE AND CONSENT OF THE MAJORITY OF THE MEMBERS
10 ELECTED TO THE SENATE. THE ADVISORY COMMITTEE SHALL CONSIST OF
11 FIVE ELECTROLOGISTS LICENSED UNDER THIS ACT. TO QUALIFY AS AN
12 INITIAL APPOINTEE TO THE COMMITTEE, AN ELECTROLOGIST DOES NOT
13 NEED TO BE LICENSED BUT MUST HAVE BEEN ENGAGED IN THE PRACTICE
14 OF ELECTROLOGY FOR FIVE YEARS. FOR THE INITIAL ADVISORY
15 COMMITTEE, APPOINTMENTS SHALL BE STAGGERED, WITH TWO MEMBERS
16 SERVING THREE-YEAR TERMS, TWO MEMBERS SERVING TWO-YEAR TERMS AND
17 ONE MEMBER SERVING A ONE-YEAR TERM. THEREAFTER, ALL ADVISORY
18 COMMITTEE MEMBERS SHALL SERVE TERMS OF THREE YEARS OR UNTIL
19 THEIR SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED, BUT NO
20 LONGER THAN SIX MONTHS BEYOND THE THREE-YEAR PERIOD. IN THE
21 EVENT THAT A MEMBER DIES OR RESIGNS OR OTHERWISE BECOMES
22 DISQUALIFIED DURING HIS TERM, A SUCCESSOR SHALL BE APPOINTED IN
23 THE SAME WAY AND WITH THE SAME QUALIFICATIONS AND SHALL HOLD
24 OFFICE FOR THE UNEXPIRED TERM. NO MEMBER SHALL BE ELIGIBLE FOR
25 APPOINTMENT TO SERVE MORE THAN TWO CONSECUTIVE TERMS.
26 (B) THREE MEMBERS OF THE ADVISORY COMMITTEE SHALL CONSTITUTE
27 A QUORUM. THE ADVISORY COMMITTEE SHALL ANNUALLY SELECT, FROM
28 AMONG ITS NUMBER, A CHAIRMAN WHO SHALL CONDUCT MEETINGS OF THE
29 COMMITTEE.
30 (C) THE ADVISORY COMMITTEE SHALL ASSIST THE BOARD REGARDING
19890H2101B4036 - 3 -
1 THE LICENSURE, RENEWAL, REVOCATION, SUSPENSION OR OTHER
2 DISCIPLINARY PROCEEDINGS IN ACCORDANCE WITH THIS ACT AND RULES
3 AND REGULATIONS.
4 (D) THE CHAIRMAN OF THE ELECTROLOGY ADVISORY COMMITTEE SHALL
5 BE A MEMBER OF THE STATE BOARD OF COSMETOLOGY SOLELY FOR THE
6 PURPOSES OF THE PROMULGATION OF REGULATIONS AND DISCIPLINARY
7 ACTIONS PURSUANT TO THIS ACT RELATING TO ELECTROLOGY.
8 (E) ALL REGULATIONS REQUIRED PURSUANT TO THE ACT RELATING TO
9 ELECTROLOGY MUST BE FORMULATED IN CONSULTATION WITH THE
10 ELECTROLOGY ADVISORY COMMITTEE. THE BOARD SHALL INITIATE THE
11 PROMULGATION OF REGULATIONS WITHIN ONE HUNDRED TWENTY DAYS OF
12 THE EFFECTIVE DATE OF THIS SECTION, GOVERNING THE APPLICATION,
13 REQUIREMENTS AND ISSUANCE OF LICENSES TO ENGAGE IN THE PRACTICE
14 OF ELECTROLOGY IN ACCORDANCE WITH THIS ACT.
15 (F) THE ADVISORY COMMITTEE MEMBERS SHALL RECEIVE SIXTY
16 DOLLARS ($60) PER DIEM WHEN ACTUALLY ATTENDING TO THE WORK OF
17 THE COMMITTEE. MEMBERS SHALL ALSO RECEIVE THE AMOUNT OF
18 REASONABLE TRAVELING, LODGING AND OTHER NECESSARY EXPENSES
19 INCURRED IN THE PERFORMANCE OF THEIR DUTIES IN ACCORDANCE WITH
20 COMMONWEALTH REGULATIONS.
21 SECTION 3. SECTION 9.2 OF THE ACT, ADDED JUNE 30, 1984
22 (P.L.479, NO.100), IS AMENDED TO READ:
23 Section 9.2. Shared Shops.--(a) A licensed barber and a
24 licensed cosmetologist shall be permitted to work in the same
25 shop if the requirements of this section are met. Any licensed
26 shop which employs a licensed barber and a licensed
27 cosmetologist shall not be required to erect or install any
28 physical barriers which separate the barber and the
29 cosmetologist. All licensed shops shall conform with the
30 provisions of section 4.4 of this act.
19890H2101B4036 - 4 -
1 [(b) A cosmetology shop licensee who shall employ a licensed <--
2 barber shall also be a licensed cosmetologist manager [and a <--
3 barber] or employ a cosmetologist manager. [who is licensed as a <--
4 barber.
5 (c) All shops licensed one year prior to the effective date
6 of this section shall not be required to comply with subsection
7 (b), but shall comply with all other provisions of this act.
8 (d) All owners or managers of shops licensed within one year
9 prior to or after the effective date of this section who shall
10 employ licensed barbers shall themselves or their cosmetologist
11 managers be eligible for the barber license examination if they
12 have a current cosmetologist manager's license or own as an
13 owner-operator a current licensed cosmetology shop. No
14 additional curriculum hours shall be required. If the owner or
15 the manager fails the examination, they shall be required to
16 obtain an additional six hundred ninety-five curriculum hours as
17 prescribed in section 3.2 of the act of June 19, 1931 (P.L.589,
18 No.202), referred to as the Barbers' License Law.]
19 (b) A licensed cosmetology shop owner or manager may employ <--
20 or supervise a licensed barber.
21 [(e)] (c) For the purpose of this section only, when a
22 licensee under this act and a licensee under the Barbers'
23 License Law are subject to formal proceedings for violations of
24 this act or the Barbers' License Law, the board and the State
25 Board of Barber Examiners shall consolidate all formal actions
26 against such licensees for the purpose of prosecution and
27 hearing provided that the board shall retain to itself
28 exclusively the power to revoke or suspend licenses after such
29 prosecution and hearing.
30 Section 2. This act shall take effect immediately. <--
19890H2101B4036 - 5 -
1 SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <--
2 SECTION 10.1. PROHIBITION OF PRACTICE OF ELECTROLOGY WITHOUT
3 A LICENSE.--(A) IT SHALL BE UNLAWFUL FOR A PERSON TO PRACTICE
4 OR TEACH ELECTROLOGY OR TO HOLD ONESELF OUT IN ANY MANNER AS AN
5 ELECTROLOGIST IN THIS COMMONWEALTH UNLESS THE PERSON HAS FIRST
6 OBTAINED A LICENSE FROM THE BOARD AS AN ELECTROLOGIST.
7 (B) THE UNLAWFUL PRACTICE OF ELECTROLOGY, AS DEFINED IN THIS
8 ACT, MAY BE ENJOINED BY THE COURTS ON PETITION OF THE BOARD OR
9 THE COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS. IN
10 ANY SUCH PROCEEDING, IT SHALL NOT BE NECESSARY TO SHOW THAT ANY
11 PERSON IS INDIVIDUALLY INJURED BY THE ACTIONS COMPLAINED OF. IF
12 THE RESPONDENT IS FOUND GUILTY OF THE UNLAWFUL PRACTICE OF
13 ELECTROLOGY, THE COURT SHALL ENJOIN HIM FROM SO PRACTICING
14 UNLESS HE HAS BEEN DULY LICENSED. PROCEDURE IN SUCH CASES SHALL
15 BE THE SAME AS IN ANY OTHER INJUNCTION SUIT. THE REMEDY OF
16 INJUNCTION SHALL BE IN ADDITION TO CRIMINAL PROSECUTION AND
17 PUNISHMENT.
18 SECTION 10.2. APPLICATION FOR AND GRANTING OF LIMITED
19 LICENSES.--A LIMITED LICENSE TO ENGAGE ONLY IN THE PRACTICE OF
20 ELECTROLOGY MAY BE APPLIED FOR AND GRANTED UNDER ALL OF THE
21 TERMS AND CONDITIONS OF THIS ACT AND THE REGULATIONS PROMULGATED
22 HEREUNDER. THE MINIMUM EDUCATIONAL STANDARDS SHALL NOT EXCEED
23 SIX HUNDRED HOURS. AN ELECTROLOGIST MAY OPERATE A SHOP LIMITED
24 TO THE PRACTICE OF ELECTROLOGY. THE BOARD MAY PROMULGATE
25 REGULATIONS WITH RESPECT TO SUCH SHOPS.
26 SECTION 10.3. REQUIREMENTS FOR LIMITED LICENSE TO PRACTICE
27 ELECTROLOGY.--(A) THE BOARD SHALL PROMULGATE REGULATIONS
28 PROVIDING FOR THE EXAMINATION FOR LICENSURE OF ELECTROLOGISTS,
29 THE BIENNIAL RENEWAL OF LICENSES AND THE SETTING OF FEES FOR
30 EXAMINATIONS, LICENSES AND RENEWALS.
19890H2101B4036 - 6 -
1 (B) THE BOARD MAY WAIVE EXAMINATION IN THE FOLLOWING
2 SITUATIONS:
3 (1) FOR AN APPLICANT WHO IS LICENSED TO PRACTICE ELECTROLOGY
4 OR TO TEACH ELECTROLOGY IN ANOTHER STATE, THE BOARD MAY WAIVE
5 THE THEORY SECTION OF THE EXAMINATION IF THE APPLICANT:
6 (I) SUBMITS AN APPLICATION AND PAYS THE REQUIRED FEE.
7 (II) HAS PASSED, IN THE OTHER STATE, AN EXAMINATION
8 DETERMINED BY THE BOARD TO BE SUBSTANTIALLY EQUIVALENT TO THE
9 EXAMINATION SOUGHT TO BE WAIVED.
10 (III) HAS BEEN LICENSED IN THE OTHER STATE BY MEETING
11 REQUIREMENTS DETERMINED BY THE BOARD TO BE SUBSTANTIALLY
12 EQUIVALENT TO REQUIREMENTS PROMULGATED BY THE BOARD UNDER THIS
13 SECTION.
14 (2) FOR AN APPLICANT PRACTICING OR TEACHING ELECTROLOGY ON
15 THE EFFECTIVE DATE OF THIS SECTION, THE BOARD MAY WAIVE THE
16 EXAMINATION IF THE APPLICANT:
17 (I) SUBMITS AN APPLICATION UNDER THIS SECTION WITHIN ONE
18 YEAR OF THE EFFECTIVE DATE OF THE INITIAL REGULATIONS
19 PROMULGATED UNDER THIS ACT RELATING TO ELECTROLOGY.
20 (II) IS A RESIDENT OF THIS COMMONWEALTH.
21 (III) HAS PRACTICED OR TAUGHT ELECTROLOGY IN THIS
22 COMMONWEALTH FOR TWO YEARS PRIOR TO APPLICATION.
23 (IV) HAS A CERTIFICATE EVIDENCING COMPLETION OF 125 CREDIT
24 HOURS OF ELECTROLOGY TRAINING FROM A LICENSED SCHOOL OF
25 COSMETOLOGY OR A SCHOOL OF ELECTROLOGY APPROVED BY THE BOARD.
26 (C) BEGINNING THIRTY DAYS AFTER THE EFFECTIVE DATE OF
27 SECTION 1.2 AND EVERY THIRTY DAYS THEREAFTER UNTIL REGULATIONS
28 HAVE BEEN PROMULGATED UNDER THIS SECTION, THE COMMISSIONER OF
29 PROFESSIONAL AND OCCUPATIONAL AFFAIRS SHALL REPORT, IN WRITING,
30 TO THE PROFESSIONAL LICENSURE COMMITTEE OF THE HOUSE OF
19890H2101B4036 - 7 -
1 REPRESENTATIVES AND THE CONSUMER PROTECTION AND PROFESSIONAL
2 LICENSURE COMMITTEE OF THE SENATE ON THE STATUS OF SUCH
3 REGULATIONS.
4 SECTION 5. SECTIONS 16, 19 AND 20 OF THE ACT, AMENDED JUNE
5 30, 1984 (P.L.479, NO.100), ARE AMENDED TO READ:
6 SECTION 16. FEES.--(A) THE BOARD SHALL, BY REGULATION, FIX
7 THE FOLLOWING FEES: (1) FOR THE ISSUANCE OF A LICENSE, WITH OR
8 WITHOUT EXAMINATION, FOR COSMETOLOGY SHOP OWNERS, ELECTROLOGY
9 SHOP OWNERS, MANAGERS, TEACHERS, COSMETOLOGISTS, ELECTROLOGISTS,
10 MANICURISTS, MANICURIST SHOPS, STUDENTS, COSMETOLOGY SCHOOLS AND
11 FOR REGISTRATION FEE FOR APPRENTICES; AND (2) BIENNIAL RENEWAL
12 FEES FOR COSMETOLOGY SHOP OWNERS, ELECTROLOGY SHOP OWNERS,
13 MANAGERS, SCHOOL INSTRUCTORS, COSMETOLOGISTS, ELECTROLOGISTS,
14 MANICURISTS, COSMETOLOGY SCHOOLS AND MANICURIST SHOPS. FEES FOR
15 REGISTRATION, LICENSURE AND EXAMINATION SHALL BE PAID IN ADVANCE
16 TO THE DEPARTMENT INTO THE PROFESSIONAL LICENSURE AUGMENTATION
17 ACCOUNT.
18 (B) IN CASE A COSMETOLOGY SHOP OWNER OR ELECTROLOGY SHOP
19 OWNER CHANGES THE LOCATION OF HIS OR HER SHOP A NEW LICENSE MUST
20 BE SECURED. THE BOARD SHALL, BY REGULATION, FIX THE FEE REQUIRED
21 FOR SUCH NEW LICENSE.
22 (C) ALL FEES REQUIRED PURSUANT TO THIS ACT SHALL BE FIXED BY
23 THE BOARD BY REGULATION AND SHALL BE SUBJECT TO THE ACT OF JUNE
24 25, 1982 (P.L.633, NO.181), KNOWN AS THE "REGULATORY REVIEW
25 ACT." IF THE REVENUES RAISED BY FEES, FINES AND CIVIL PENALTIES
26 IMPOSED PURSUANT TO THIS ACT ARE NOT SUFFICIENT TO MEET
27 EXPENDITURES OVER A TWO-YEAR PERIOD, THE BOARD SHALL INCREASE
28 THOSE FEES BY REGULATION SO THAT THE PROJECTED REVENUES WILL
29 MEET OR EXCEED PROJECTED EXPENDITURES.
30 (D) IF THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS
19890H2101B4036 - 8 -
1 DETERMINES THAT THE FEES ESTABLISHED BY THE BOARD PURSUANT TO
2 SUBSECTION (C) OF THIS SECTION ARE INADEQUATE TO MEET THE
3 MINIMUM ENFORCEMENT EFFORTS REQUIRED BY THIS ACT, THEN THE
4 BUREAU, AFTER CONSULTATION WITH THE BOARD AND SUBJECT TO THE
5 "REGULATORY REVIEW ACT," SHALL INCREASE THE FEES BY REGULATION
6 IN AN AMOUNT THAT ADEQUATE REVENUES ARE RAISED TO MEET THE
7 REQUIRED ENFORCEMENT EFFORT.
8 (E) CURRENT FEES CHARGED BY THE BOARD SHALL CONTINUE UNTIL
9 SUCH TIME AS CHANGES ARE MADE IN ACCORDANCE WITH THE "REGULATORY
10 REVIEW ACT."
11 SECTION 19. DURATION AND RENEWAL OF LICENSES.--(A) WITH THE
12 PERIOD ENDING JANUARY 31, 1986, THE BUREAU OF PROFESSIONAL AND
13 OCCUPATIONAL AFFAIRS SHALL DESIGNATE APPROXIMATELY ONE-HALF OF
14 THE RENEWALS TO EXPIRE IN TWELVE MONTHS AND THE REMAINDER OF THE
15 RENEWALS TO EXPIRE IN TWENTY-FOUR MONTHS. THEREAFTER, LICENSES
16 SHALL EXPIRE ON THE THIRTY-FIRST DAY OF JANUARY OF EACH
17 SUCCEEDING BIENNIUM UNLESS RENEWED FOR THE NEXT BIENNIUM.
18 LICENSES MAY BE RENEWED BY APPLICATION MADE PRIOR TO THE THIRTY-
19 FIRST DAY OF JANUARY OF EACH SUCCEEDING BIENNIUM, AND THE
20 PAYMENT OF THE RENEWAL FEES PROVIDED IN THIS ACT.
21 (B) A COSMETOLOGIST OR ELECTROLOGIST WHO IS NOT ENGAGED IN
22 THE PRACTICE OF COSMETOLOGY OR ELECTROLOGY SHALL REQUEST THE
23 BOARD, IN WRITING, TO PLACE HIS LICENSE IN ESCROW AND THUS
24 PROTECT HIS RIGHT TO OBTAIN A LICENSE AT ANY SUCH TIME WITHIN A
25 FIVE-YEAR PERIOD IF HE DESIRES TO AGAIN BECOME ENGAGED IN THE
26 PRACTICE OF COSMETOLOGY OR ELECTROLOGY.
27 (C) ANY PERSON WHO FAILS TO RENEW HIS LICENSE OR HAS
28 ESCROWED HIS LICENSE FOR A PERIOD OF FIVE YEARS WITHOUT RENEWING
29 HIS LICENSE SHALL, PRIOR TO RECEIVING A LICENSE, SUBMIT TO AND
30 PASS AN EXAMINATION APPROPRIATE TO THE LICENSE BEING SOUGHT.
19890H2101B4036 - 9 -
1 SECTION 20. PENALTIES.--(A) ANY PERSON WHO SHALL PRACTICE
2 OR TEACH COSMETOLOGY OR ELECTROLOGY, OR ACT IN ANY CAPACITY
3 WHEREIN LICENSING IS REQUIRED, WITHOUT COMPLYING WITH THIS ACT,
4 SHALL UPON CONVICTION, IN A SUMMARY PROCEEDING, BE SENTENCED TO
5 PAY A FINE NOT EXCEEDING THREE HUNDRED DOLLARS ($300.00), AND/OR
6 SHALL BE SENTENCED TO IMPRISONMENT NOT EXCEEDING THREE (3)
7 MONTHS.
8 (B) ANY COSMETOLOGIST, ELECTROLOGIST, MANAGER, TEACHER,
9 STUDENT OR APPRENTICE WHO SHALL PRACTICE THE PROFESSION OF
10 COSMETOLOGY OR ELECTROLOGY WHILE KNOWINGLY SUFFERING FROM
11 CONTAGIOUS OR INFECTIOUS DISEASE, OR WHO SHALL KNOWINGLY SERVE
12 ANY PERSON AFFLICTED WITH SUCH DISEASE, SHALL BE GUILTY OF A
13 SUMMARY OFFENSE, AND, UPON CONVICTION THEREOF, SHALL BE
14 SENTENCED TO PAY A FINE NOT EXCEEDING THREE HUNDRED DOLLARS
15 ($300.00), OR UNDERGO AN IMPRISONMENT NOT EXCEEDING THIRTY (30)
16 DAYS, OR BOTH, AT THE DISCRETION OF THE COURT.
17 (C) ANY COSMETOLOGIST, ELECTROLOGIST, MANAGER, TEACHER,
18 STUDENT OR APPRENTICE WHO SHALL INFECT ANY PERSON, OR WHO SHALL
19 IMPART ANY CONTAGIOUS OR INFECTIOUS DISEASE, BY REASON OF
20 CARELESSNESS OR NEGLIGENCE IN THE PRACTICE OF SUCH PROFESSION,
21 SHALL BE GUILTY OF A SUMMARY OFFENSE, AND, UPON CONVICTION,
22 SHALL BE SENTENCED TO PAY A FINE NOT EXCEEDING THREE HUNDRED
23 DOLLARS ($300.00), OR TO UNDERGO AN IMPRISONMENT NOT EXCEEDING
24 THREE MONTHS, OR BOTH, AT THE DISCRETION OF THE COURT.
25 (C.1) ANY PERSON, PARTNERSHIP OR CORPORATION VIOLATING ANY
26 PROVISION OF THIS ACT SHALL, UPON CONVICTION FOR THE FIRST
27 OFFENSE, BE SENTENCED TO PAY A FINE NOT EXCEEDING THREE HUNDRED
28 DOLLARS ($300.00) OR TO UNDERGO IMPRISONMENT NOT EXCEEDING THREE
29 (3) MONTHS AND SHALL, UPON CONVICTION FOR THE SECOND AND
30 SUBSEQUENT OFFENSES, BE SENTENCED TO PAY A FINE NOT EXCEEDING
19890H2101B4036 - 10 -
1 SIX HUNDRED DOLLARS ($600.00) OR TO UNDERGO IMPRISONMENT NOT
2 EXCEEDING SIX (6) MONTHS, OR BOTH. THIS SECTION SPECIFICALLY
3 GOVERNS UNLICENSED ACTIVITY IN THE PRACTICE OF COSMETOLOGY OR
4 ELECTROLOGY.
5 (C.2) IN ADDITION TO ANY OTHER CIVIL REMEDY OR CRIMINAL
6 PENALTY PROVIDED FOR IN THIS ACT, THE BOARD, BY A VOTE OF THE
7 MAJORITY OF THE MAXIMUM NUMBER OF THE AUTHORIZED MEMBERSHIP OF
8 THE BOARD AS PROVIDED BY THIS ACT OR BY A VOTE OF THE MAJORITY
9 OF THE QUALIFIED AND CONFIRMED MEMBERSHIP OR A MINIMUM OF FIVE
10 MEMBERS, WHICHEVER IS GREATER, MAY LEVY A CIVIL PENALTY OF UP TO
11 ONE THOUSAND DOLLARS ($1,000.00) ON ANY CURRENT LICENSEE WHO
12 VIOLATES ANY PROVISIONS OF THIS ACT OR ON ANY PERSON WHO
13 PRACTICES COSMETOLOGY OR ELECTROLOGY WITHOUT BEING PROPERLY
14 LICENSED TO DO SO UNDER THIS ACT. THE BOARD SHALL LEVY THIS
15 PENALTY ONLY AFTER AFFORDING THE ACCUSED PARTY THE OPPORTUNITY
16 FOR A HEARING, AS PROVIDED IN TITLE 2 OF THE PENNSYLVANIA
17 CONSOLIDATED STATUTES (RELATING TO ADMINISTRATIVE LAW AND
18 PROCEDURE).
19 (D) ALL FINES AND CIVIL PENALTIES IMPOSED IN ACCORDANCE WITH
20 THIS SECTION SHALL BE PAID INTO THE PROFESSIONAL LICENSURE
21 AUGMENTATION ACCOUNT.
22 (E) THE OWNER OR MANAGER OF ANY SHOP EMPLOYING AN UNLICENSED
23 COSMETOLOGIST OR UNLICENSED ELECTROLOGIST SHALL, UPON
24 CONVICTION, BE SENTENCED TO PAY A FINE NOT EXCEEDING FIVE
25 HUNDRED DOLLARS ($500.00), OR TO UNDERGO IMPRISONMENT NOT
26 EXCEEDING SIX (6) MONTHS, OR BOTH, AT THE DISCRETION OF THE
27 COURT.
28 SECTION 6. THE SUM OF $38,000, OR AS MUCH THEREOF AS MAY BE
29 NECESSARY, IS HEREBY APPROPRIATED FROM THE PROFESSIONAL
30 LICENSURE AUGMENTATION ACCOUNT WITHIN THE GENERAL FUND TO THE
19890H2101B4036 - 11 -
1 BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS IN THE
2 DEPARTMENT OF STATE FOR THE PAYMENT OF COSTS OF PROCESSING
3 LICENSES AND RENEWALS, FOR THE OPERATION OF THE BOARD AND FOR
4 OTHER GENERAL COSTS OF THE BUREAU OPERATIONS RELATING TO
5 ELECTROLOGY. THE APPROPRIATION GRANTED SHALL BE REPAID BY THE
6 BOARD WITHIN THREE YEARS OF THE BEGINNING OF ISSUANCE OF
7 LICENSES BY THE BOARD.
8 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
9 (1) SECTIONS 2 (RELATING TO SECTION 1.2) AND 3 (RELATING
10 TO SECTION 9.2) OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
11 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT SIX
12 MONTHS AFTER THE EFFECTIVE DATE OF THE REGULATIONS
13 PROMULGATED UNDER THIS ACT.
J16L63CHF/19890H2101B4036 - 12 -