HOUSE AMENDED
PRIOR PRINTER'S NOS. 851, 1243, 1674, PRINTER'S NO. 1971
1721, 1821
No. 707 Session of 2005
INTRODUCED BY ERICKSON, PILEGGI, M. WHITE, WOZNIAK AND
WONDERLING, MAY 26, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 30, 2006
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 definitions, for practice
12 of cosmetology without license, FOR ELIGIBILITY REQUIREMENTS, <--
13 for limited licenses, FOR REQUIREMENTS OF A SCHOOL OF <--
14 COSMETOLOGY, for practice in cosmetology shops only, FOR <--
15 BOOTH RENTAL, for temporary licenses, for fees, FOR DURATION <--
16 AND RENEWAL OF LICENSES, FOR PENALTIES and for regulations;
17 and substituting the term "salon" for the term "shop"
18 throughout the act.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The title of the act of May 3, 1933 (P.L.242,
22 No.86), referred to as the Cosmetology Law, amended June 30,
23 1984 (P.L.479, No.100), is amended to read:
24 AN ACT
1 To promote the public health and safety by providing for
2 examination, licensing and granting of permits for those who
3 desire to engage in the profession of cosmetology; defining
4 cosmetology, and regulating cosmetology [shops] salons,
5 schools, students, apprentices, teachers, managers,
6 manicurists and cosmetologists; conferring powers and duties
7 upon the Commissioner of Professional and Occupational
8 Affairs in the Department of State; providing for appeals to
9 certain courts by applicants and licensees; and providing
10 penalties.
11 Section 2. The definitions of "booth space," "cosmetician" <--
12 and "cosmetology" in section 1 of the act, amended October 18,
13 2000 (P.L.607, No.81), are amended and the section is amended by
14 adding definitions to read:
15 SECTION 2. SECTION 1 OF THE ACT, AMENDED OCTOBER 18, 2000 <--
16 (P.L.607, NO.81) AND JUNE 29, 2002 (P.L.645, NO.98), IS AMENDED
17 TO READ:
18 Section 1. Definitions.--The following words and phrases
19 when used in this act shall have the meanings given to them in
20 this section unless the context clearly indicates otherwise:
21 * * * <--
22 "AFFILIATION" FOR PURPOSES OF SECTION 1.1, MEANS ANY PERSON <--
23 WHO IS AN OWNER, A STOCKHOLDER, A MEMBER OF THE BOARD OF
24 TRUSTEES OR BOARD OF GOVERNORS, ANY PROFESSIONAL EMPLOYE, OR
25 CONSULTANT OR ANY NONPROFESSIONAL EMPLOYE AND ANY PART-TIME
26 PERSONNEL EMPLOYED BY A SCHOOL OF COSMETOLOGY.
27 "BOARD" MEANS THE STATE BOARD OF COSMETOLOGY.
28 "Booth space" means the area of a [cosmetology [shop] salon <--
29 in which a licensed cosmetologist or a holder of a limited
30 license provides to a client a service for which a license is
20050S0707B1971 - 2 -
1 required under this act.
2 "Braiding" means intertwining the hair in a systematic motion
3 to create patterns in a three-dimensional form, inverting the
4 hair against the scalp along part of a straight or curved row of
5 intertwined hair, or twisting the hair in a systematic motion,
6 and includes extending the hair with natural or synthetic hair
7 fibers.
8 * * * <--
9 "BUREAU" MEANS THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL <--
10 AFFAIRS IN THE DEPARTMENT OF STATE.
11 ["Cosmetician" means an individual who engages only in the
12 practice of massaging the face, applying cosmetic preparations,
13 antiseptics, tonics, lotions or creams to the face, removing
14 superfluous hair by tweezers, depilatories or waxes and the
15 dyeing of eyelashes and eyebrows.]
16 * * * <--
17 "COSMETOLOGIST" MEANS AN INDIVIDUAL WHO IS ENGAGED IN THE <--
18 PRACTICE OF COSMETOLOGY.
19 "Cosmetology" includes any or all work done for compensation
20 by any person, which work is generally and usually performed by
21 cosmetologists, which work is for the embellishment, cleanliness
22 and beautification of the human hair, such as arranging,
23 braiding, dressing, curling, waving, permanent waving,
24 cleansing, cutting, singeing, bleaching, coloring, pressing, or
25 similar work thereon and thereabout, and the removal of
26 superfluous hair, and the massaging, cleansing, stimulating,
27 manipulating, exercising, or similar work upon the scalp, face,
28 arms or hands, or the upper part of the body, by the use of
29 mechanical or electrical apparatus or appliances or cosmetics,
30 preparations, tonics, antiseptics, creams or lotions, or by any
20050S0707B1971 - 3 -
1 other means, and of manicuring the nails, which enumerated
2 practices shall be inclusive of the term cosmetology but not in
3 limitation thereof. THE TERM ALSO INCLUDES THE ACTS COMPRISING <--
4 THE PRACTICE OF HAIR TECHNOLOGY, NAIL TECHNOLOGY, NATURAL <--
5 HAIRSTYLING HAIR BRAIDING and esthetics. <--
6 * * * <--
7 "Esthetician" means an individual who engages only in the
8 practice of massaging the face, applying cosmetic preparations,
9 antiseptics, tonics, lotions or creams to the face, removing
10 superfluous hair by tweezers, depilatories or waxes and the
11 dyeing of eyelashes and eyebrows.
12 "Hair technician" means an individual engaged in embellishing
13 or beautifying hair, wigs or hairpieces by arranging, dressing,
14 pressing, curling, waving, permanent waving, cleansing, cutting,
15 singeing, bleaching, coloring, braiding, weaving or similar
16 work.
17 "Nail technician" means an individual engaged in manicuring
18 the nails of any person, applying artificial or sculptured nails
19 to any person, massaging the hands and lower arms up to the
20 elbow of any person, massaging the feet and lower legs up to the
21 knee of any person or any combination of these types of
22 services.
23 "Natural hair stylist" means an individual engaged in
24 utilizing techniques that result in tension on hair roots such
25 as twisting, wrapping, weaving, extending, locking or braiding
26 of the hair. The practice does not include the application of
27 dyes, reactive chemicals or other preparations to alter the
28 color or to straighten, curl or alter the structure of the hair.
29 * * *
30 "DEPARTMENT" MEANS THE COMMISSIONER OF PROFESSIONAL AND <--
20050S0707B1971 - 4 -
1 OCCUPATIONAL AFFAIRS IN THE DEPARTMENT OF STATE.
2 "ESTHETICS" MEANS THE PRACTICE OF MASSAGING THE FACE,
3 APPLYING COSMETIC PREPARATIONS, ANTISEPTICS, TONICS, LOTIONS OR
4 CREAMS TO THE FACE, REMOVING SUPERFLUOUS HAIR BY TWEEZERS,
5 DEPILATORIES OR WAXES AND THE DYEING OF EYELASHES AND EYEBROWS.
6 "ESTHETICIAN" MEANS AN INDIVIDUAL LICENSED BY THE STATE
7 BOARD OF COSMETOLOGY TO PRACTICE ESTHETICS.
8 "HAIR TECHNICIAN" MEANS AN INDIVIDUAL LICENSED BY THE STATE <--
9 BOARD OF COSMETOLOGY TO PRACTICE HAIR TECHNOLOGY.
10 "HAIR TECHNOLOGY" MEANS THE PRACTICE OF EMBELLISHING OR
11 BEAUTIFYING HUMAN HAIR, BY ARRANGING, DRESSING, PRESSING,
12 CURLING, WAVING, PERMANENT WAVING, CLEANSING, CUTTING, SINGEING,
13 BLEACHING, COLORING, BRAIDING, WEAVING OR SIMILAR WORK.
14 "LIMITED LICENSE" MEANS A LICENSE ISSUED BY THE STATE BOARD
15 OF COSMETOLOGY TO AN INDIVIDUAL WHICH PERMITS THAT INDIVIDUAL TO
16 ENGAGE IN THE PRACTICE OF ESTHETICS, NATURAL HAIRSTYLING, HAIR <--
17 TECHNOLOGY HAIR BRAIDING OR NAIL TECHNOLOGY. <--
18 "NAIL TECHNICIAN" MEANS AN INDIVIDUAL LICENSED BY THE STATE
19 BOARD OF COSMETOLOGY TO ENGAGE IN THE PRACTICE OF NAIL
20 TECHNOLOGY.
21 "NAIL TECHNOLOGY" MEANS THE PRACTICE OF MANICURING THE NAILS
22 OF AN INDIVIDUAL, APPLYING ARTIFICIAL OR SCULPTURED NAILS TO AN
23 INDIVIDUAL, MASSAGING THE HANDS OF AN INDIVIDUAL OR MASSAGING
24 THE LOWER ARMS OF AN INDIVIDUAL UP TO THE INDIVIDUAL'S ELBOW,
25 MASSAGING THE FEET OF AN INDIVIDUAL OR THE LOWER LEGS OF AN
26 INDIVIDUAL UP TO THE INDIVIDUAL'S KNEE, OR A COMBINATION OF
27 THESE ACTS.
28 "NATURAL HAIRSTYLING" MEANS THE PRACTICE OF UTILIZING <--
29 TECHNIQUES THAT RESULT IN TENSION ON HAIR ROOTS OF INDIVIDUALS,
30 SUCH AS TWISTING, WRAPPING, WEAVING, EXTENDING, LOCKING OR
20050S0707B1971 - 5 -
1 BRAIDING OF THE HAIR. THE TERM DOES NOT INCLUDE THE APPLICATION
2 OF DYES, REACTIVE CHEMICALS OR OTHER PREPARATIONS TO ALTER THE
3 COLOR OR TO STRAIGHTEN, CURL OR ALTER THE STRUCTURE OF HAIR.
4 "NATURAL HAIRSTYLIST HAIR BRAIDER" MEANS AN INDIVIDUAL <--
5 LICENSED BY THE STATE BOARD OF COSMETOLOGY TO ENGAGE IN THE
6 PRACTICE OF NATURAL HAIRSTYLING HAIR BRAIDING. <--
7 "NATURAL HAIR BRAIDING" MEANS THE PRACTICE OF UTILIZING <--
8 TECHNIQUES THAT RESULT IN TENSION ON HAIR ROOTS OF INDIVIDUALS,
9 SUCH AS TWISTING, WRAPPING, WEAVING, EXTENDING, LOCKING OR
10 BRAIDING OF THE HAIR. THE TERM DOES NOT INCLUDE THE APPLICATION
11 OF DYES, REACTIVE CHEMICALS OR OTHER PREPARATIONS TO ALTER THE
12 COLOR OR TO STRAIGHTEN, CURL OR ALTER THE STRUCTURE OF HAIR.
13 "SCHOOL OF COSMETOLOGY" INCLUDES ANY INDIVIDUAL, PARTNERSHIP,
14 ASSOCIATION, BUSINESS CORPORATION, NONPROFIT CORPORATION,
15 MUNICIPAL CORPORATION, SCHOOL DISTRICT OR ANY GROUP OF
16 INDIVIDUALS HOWEVER ORGANIZED WHOSE PURPOSE IS TO PROVIDE
17 COURSES OF INSTRUCTION IN COSMETOLOGY OR THE TEACHING OF
18 COSMETOLOGY[.], OR COURSES OF INSTRUCTION IN ESTHETICS, HAIR <--
19 TECHNOLOGY, NAIL TECHNOLOGY OR NATURAL HAIRSTYLING OR THE
20 TEACHING OF ESTHETICS, HAIR TECHNOLOGY, NAIL TECHNOLOGY OR
21 NATURAL HAIRSTYLING. COSMETOLOGY. <--
22 "TANNING UNITS" MEANS EQUIPMENT THAT UTILIZES ULTRAVIOLET
23 LIGHT FOR THE PURPOSE OF COSMETIC TANNING.
24 Section 3. Sections 2 and 4 of the act, amended June 29,
25 2002 (P.L.645, No.98), are amended to read:
26 Section 2. Practice [of Cosmetology] without License
27 Prohibited.--It shall be unlawful for any person to [practice OR <--
28 TEACH COSMETOLOGY, TO USE OR MAINTAIN ANY PLACE FOR THE PRACTICE
29 OF COSMETOLOGY, FOR COMPENSATION, OR TO USE OR MAINTAIN ANY
30 PLACE FOR THE TEACHING OF COSMETOLOGY, UNLESS HE OR SHE SHALL
20050S0707B1971 - 6 -
1 HAVE FIRST OBTAINED FROM THE DEPARTMENT A LICENSE AS PROVIDED IN
2 THIS ACT.]: <--
3 (1) practice or teach cosmetology, esthetics, nail
4 technology, hair technology or natural hair styling;
5 (2) use [to use] or maintain any place for [the practice of
6 cosmetology,] engaging in these practices for compensation[,];
7 (3) use [or to use] or maintain any place for the teaching
8 of [cosmetology, unless he or she shall have first obtained]
9 these practices;
10 without first obtaining from the department a license or limited
11 license as provided in this act. DO ANY OF THE FOLLOWING WITHOUT <--
12 HAVING FIRST OBTAINED FROM THE DEPARTMENT A LICENSE OR LIMITED
13 LICENSE AS PROVIDED IN THIS ACT:
14 (1) TO PRACTICE OR TEACH COSMETOLOGY FOR COMPENSATION, OR TO
15 USE OR MAINTAIN ANY PLACE FOR THE PRACTICE OF COSMETOLOGY FOR
16 COMPENSATION, OR TO USE OR MAINTAIN ANY PLACE FOR THE TEACHING
17 OF COSMETOLOGY.
18 (2) TO PRACTICE OR TEACH ESTHETICS, NATURAL HAIRSTYLING HAIR <--
19 BRAIDING OR NAIL TECHNOLOGY FOR COMPENSATION OR TO USE OR
20 MAINTAIN ANY PLACE FOR THE PRACTICE OF ESTHETICS, NATURAL
21 HAIRSTYLING HAIR BRAIDING OR NAIL TECHNOLOGY FOR COMPENSATION, <--
22 OR TO USE OR MAINTAIN ANY PLACE FOR THE TEACHING OF ESTHETICS,
23 NATURAL HAIRSTYLING OR NAIL TECHNOLOGY.
24 (3) TO PRACTICE OR TEACH HAIR TECHNOLOGY FOR COMPENSATION.
25 COMPENSATION. <--
26 Section 4. Eligibility Requirements for Examination.--No
27 person shall be permitted by the board to take an examination to
28 receive a license as a cosmetologist unless such person (1)
29 shall be at least sixteen years of age and of good moral
30 character at the time of making application, and (2) shall have
20050S0707B1971 - 7 -
1 completed a tenth grade education or the equivalent thereof, or
2 in lieu of such education or the equivalent thereof shall have
3 received training from or under the auspices of the Bureau of
4 Rehabilitation in the Department of Labor and Industry, and (3)
5 shall have either (i) completed not less than one thousand two
6 hundred fifty hours as a student in a duly registered school of
7 cosmetology as hereinafter provided in this act, or (ii) shall
8 have been registered and served as an apprentice at least two
9 thousand hours in a licensed cosmetology [shop] salon as
10 hereinafter provided in this act. The application shall be
11 accompanied by a notarized statement from either the licensed
12 cosmetology school the applicant attended or the licensed
13 cosmetology teacher in the licensed cosmetology [shop] salon
14 where the applicant studied and trained, stating that the
15 applicant has completed the study and training period required
16 under this act. No person shall be permitted to take an
17 examination for a license to teach cosmetology OR HAIR <--
18 TECHNOLOGY, NATURAL HAIRSTYLING NATURAL HAIR BRAIDING, NAIL <--
19 TECHNOLOGY OR ESTHETICS unless such person shall have a
20 [cosmetologist's license] LICENSE TO PRACTICE COSMETOLOGY OR A <--
21 LIMITED LICENSE, be at least eighteen years of age, shall have
22 completed a twelfth grade education or the equivalent thereof
23 and have had five hundred hours of specialized training as set
24 forth in section 6 of this act which hours shall be in addition
25 to the hours necessary to qualify for a [cosmetologist's <--
26 license] LICENSE TO PRACTICE COSMETOLOGY OR A LIMITED LICENSE. <--
27 Section 4. Section 4.3 of the act, amended June 30, 1984
28 (P.L.479, No.100), is amended to read:
29 Section 4.3. Eligibility Requirements for Registration as an
30 Apprentice.--No person shall be permitted to register as an
20050S0707B1971 - 8 -
1 apprentice of cosmetology nor shall a licensed cosmetology
2 [shop] salon employ or cause to be registered a person until an
3 application for an apprentice permit shall have been filed with
4 the board and an apprentice permit issued by the board. No
5 apprentice permit shall be issued unless the prospective
6 apprentice applying therefor shall have established to the
7 satisfaction of the board that he or she is of good moral
8 character, has completed a tenth grade education or the
9 equivalent thereof or in lieu of such education or the
10 equivalent thereof has received training from or under the
11 auspices of the Bureau of Rehabilitation in the Department of
12 Labor and Industry and is free from contagious or infectious
13 disease.
14 Section 5. Section 4.4 of the act, amended June 29, 2002
15 (P.L.645, No.98), is amended to read:
16 Section 4.4. Management of Cosmetology [Shops] Salons.--(a)
17 Every [shop] salon owner shall designate a person in charge of
18 the [shop] salon in the owner's absence.
19 (b) The name of the owner or designated person in charge
20 shall be posted in a conspicuous place in the [shop] salon.
21 (c) The owner or designated person in charge of the [shop]
22 salon shall be readily available during regular business hours
23 to bureau inspectors.
24 Section 6. Section 5 of the act, amended June 30, 1984
25 (P.L.479, No.100), is amended to read:
26 Section 5. Limited Licenses.--[A limited license to manicure
27 the nails only and as a cosmetician only may be applied for and
28 granted under all of the terms and conditions of this act,
29 except that the examination therefor may be limited to such
30 practice only and the required schooling shall be not less than
20050S0707B1971 - 9 -
1 one month. A manicurist may operate a shop limited to
2 manicuring. A cosmetician may operate a shop limited to that
3 license. The board may promulgate regulations with respect to
4 such shops.] (a) Applicants for any one of the four types of <--
5 limited licenses AN APPLICANT FOR A LIMITED LICENSE shall be at <--
6 least sixteen years of age, be of good moral character, have
7 completed a tenth grade education or the equivalent thereof, and
8 pay the applicable fee to the board.
9 (b) The board shall issue the following limited licenses to
10 qualified applicants:
11 (1) Esthetician license, which shall authorize the holder to
12 engage in the practice of esthetics only. An applicant for an
13 esthetician license shall have completed four THREE hundred <--
14 hours of instruction in skin care ESTHETICS in a licensed school <--
15 of cosmetology and passed an examination limited to that
16 practice. Licensed estheticians may operate a salon limited to
17 that license.
18 (2) Hair technician license, which shall authorize the <--
19 holder to engage in the practice of hair technology only. An
20 applicant for a hair technician license shall have completed one
21 thousand SEVEN HUNDRED FIFTY hours of instruction in hair <--
22 technology in a licensed school of cosmetology and passed an
23 examination limited to that practice. Licensed hair technicians
24 may operate a salon limited to that license ONLY PRACTICE IN A <--
25 LICENSED COSMETOLOGY SALON.
26 (3) (2) Nail technician license, which shall authorize the <--
27 holder to engage in the practice of nail technology only. An
28 applicant for a nail technician license shall have completed two
29 hundred hours of instruction in nail technology in a licensed
30 school of cosmetology and passed an examination limited to that
20050S0707B1971 - 10 -
1 practice. Licensed nail technicians may operate a salon limited
2 to that license.
3 (4) (i) Natural hair stylist (3) (I) NATURAL HAIR <--
4 BRAIDING license, which shall authorize the holder to engage in
5 the practice of natural hair styling BRAIDING only. An applicant <--
6 for a natural hair stylist BRAIDING license shall have completed <--
7 three hundred hours of board-approved subjects relating to
8 sanitation, scalp care, anatomy and natural hair styling <--
9 BRAIDING IN A COSMETOLOGY SCHOOL and passed an examination <--
10 limited to that practice. Licensed natural hair stylists <--
11 BRAIDERS may operate a salon limited to that license. <--
12 (ii) The requirements of paragraph (4)(i) (3)(I) shall not <--
13 apply and a natural hair stylist license LICENSE TO PRACTICE <--
14 NATURAL HAIRSTYLING HAIR BRAIDING shall be issued to an <--
15 applicant who:
16 (A) has submitted an application, along with the required
17 fee, within one year of the board's promulgation of final
18 regulations required under this section; and
19 (B) can demonstrate proof of practice as a natural hair <--
20 stylist OF NATURAL HAIRSTYLING HAIR BRAIDING for three <--
21 consecutive years immediately prior to the date of application
22 for licensure. Proof of practice shall require tax records of
23 employment and an affidavit from the applicant and the
24 applicant's immediate supervisor where applicable. The board
25 shall accept the information provided without penalty to the
26 applicant for failure to comply with licensing provisions prior
27 to the effective date of this subsection.
28 (c) Within two years of the initial issuance of a license
29 under this section SUBSECTION (B)(4)(II) (B)(3)(II), the <--
30 licensee shall provide the board with proof that the licensee
20050S0707B1971 - 11 -
1 received COMPLETED one hundred fifty hours of education from a <--
2 school of cosmetology as a condition of renewal of the license.
3 The courses shall include, at a minimum, scalp care, hygiene and
4 occupational safety.
5 (d) No person shall be permitted to take an examination for <--
6 a license to teach esthetics, hair technology, nail technology
7 or natural hair styling unless the person has a current license
8 in that field of study and has six hundred hours of specialized
9 training as set forth in section 6 which shall be in addition to
10 the hours necessary to qualify for a license for an esthetician,
11 hair technician, nail technician or natural hair stylist.
12 Section 6.1. Section 6(a) and (c) of the act, amended June
13 30, 1984 (P.L.479, No.100) and June 29, 2002 (P.L.645, No.98),
14 are amended AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS to <--
15 read:
16 Section 6. Requirements of a School of Cosmetology.--[(a) <--
17 No school of cosmetology shall be granted a license or renewal
18 thereof unless it shall: (1) enroll only those students who have
19 completed a ninth grade education or the equivalent thereof, or
20 in lieu of such education or the equivalent thereof have
21 received training from or under the auspices of the Bureau of
22 Rehabilitation in the Department of Labor and Industry; are of
23 good moral character; and are free from contagious or infectious
24 disease; (2) employ and maintain a sufficient number of
25 competent teachers, registered as such; (3) possess apparatus
26 and equipment sufficient for the proper and full teaching of all
27 subjects of its curriculum; (4) keep a daily record of the
28 attendance of each student; (5) maintain regular class and
29 instruction hours; (6) establish grades and hold examinations
30 before issuance of diplomas; and (7) require a day school term
20050S0707B1971 - 12 -
1 of training of not less than one thousand two hundred fifty
2 hours within a period of not less than eight consecutive months
3 or a night school term of training for a period of not less than
4 fifteen consecutive months for a complete course, comprising all
5 or a majority of the practices of cosmetology, as provided by
6 this act, and to include practical demonstrations and
7 theoretical studies, and study in sanitation, sterilization, and
8 the use of antiseptics, cosmetics and electrical appliances
9 consistent with the practical and theoretical requirements as
10 applicable to cosmetology or any practice thereof. The hours of
11 training required shall be accomplished within four consecutive
12 years. In no case shall there be less than one teacher to each
13 twenty-five pupils. [A separate curriculum of five] Separate <--
14 curricula of six hundred hours shall be established for persons
15 seeking to become teachers of cosmetology, hair technology, <--
16 esthetics, nail technology or natural hair styling which shall
17 include methods of teaching and principles of education:
18 Provided, however, That teachers in public school programs of
19 cosmetology who meet the standards established by the Department
20 of Education for vocational education teachers in the public
21 schools shall be deemed to have satisfied such additional
22 separate curriculum for teachers. Each school shall report to
23 the board student hours quarterly on forms provided by the
24 board. A cosmetology school shall be managed on a day-to-day
25 basis by a school supervisor designated by the owner of the
26 school. That person's name will be on file with the board as the
27 responsible party at the school. The school's supervisor shall
28 not be required to obtain a special license.] <--
29 (A) THE BOARD MAY GRANT A LICENSE OR RENEW A LICENSE OF A <--
30 COSMETOLOGY SCHOOL WHICH MEETS THE APPLICABLE REQUIREMENTS OF
20050S0707B1971 - 13 -
1 THIS SECTION AND WHICH:
2 (1) TEACHES A COURSE OF INSTRUCTION PERTAINING TO ALL OR A
3 MAJORITY OF THE PRACTICES OF COSMETOLOGY; OR
4 (2) TEACHES A COURSE OF INSTRUCTION LIMITED TO HAIR
5 TECHNOLOGY, NATURAL HAIRSTYLING, NAIL TECHNOLOGY OR ESTHETICS.
6 (A.1) (A) NO SCHOOL OF COSMETOLOGY SHALL BE GRANTED A <--
7 LICENSE OR RENEWAL OF A LICENSE UNLESS IT SHALL:
8 (1) ENROLL ONLY THOSE STUDENTS WHO:
9 (I) HAVE COMPLETED AN EIGHTH GRADE EDUCATION OR THE
10 EQUIVALENT OR, IN LIEU OF SUCH EDUCATION OR EQUIVALENT, HAVE
11 RECEIVED TRAINING FROM OR UNDER THE AUSPICES OF THE BUREAU OF
12 REHABILITATION IN THE DEPARTMENT OF LABOR AND INDUSTRY.
13 (II) ARE OF GOOD MORAL CHARACTER.
14 (III) ARE FREE FROM CONTAGIOUS OR INFECTIOUS DISEASE.
15 (2) EMPLOY AND MAINTAIN A SUFFICIENT NUMBER OF COMPETENT
16 TEACHERS, REGISTERED AS SUCH.
17 (3) POSSESS APPARATUS AND EQUIPMENT SUFFICIENT FOR THE
18 PROPER AND FULL TRAINING FOR ALL SUBJECTS OF ITS CURRICULUM.
19 (4) KEEP A DAILY RECORD OF THE ATTENDANCE OF EACH STUDENT.
20 (5) PROVIDE THE BOARD WITH A QUARTERLY REPORT REGARDING
21 STUDENT HOURS ON FORMS PROVIDED BY THE BOARD.
22 (6) MAINTAIN REGULAR CLASS AND INSTRUCTION HOURS.
23 (7) ESTABLISH GRADES AND HOLD EXAMINATIONS BEFORE ISSUANCE
24 OF DIPLOMAS.
25 (8) BE MANAGED ON A DAY-TO-DAY BASIS BY A SCHOOL SUPERVISOR
26 DESIGNATED BY THE OWNER OF THE SCHOOL. THAT PERSON'S NAME SHALL
27 BE PROVIDED TO THE BOARD AND SHALL BE ON FILE AS THE RESPONSIBLE
28 PARTY AT THE SCHOOL. THE SCHOOL'S SUPERVISOR SHALL NOT BE
29 REQUIRED TO OBTAIN A SPECIAL LICENSE TO SUPERVISE THE SCHOOL.
30 * * *
20050S0707B1971 - 14 -
1 (B.1) NO SCHOOL OF COSMETOLOGY SHALL BE GRANTED A LICENSE OR
2 RENEWAL OF A LICENSE UNLESS IT SHALL REQUIRE:
3 (1) EXCEPT AS SET FORTH IN SUBSECTION (D), A A DAY SCHOOL <--
4 TERM OF TRAINING OF NOT LESS THAN ONE THOUSAND TWO HUNDRED FIFTY
5 HOURS WITHIN A PERIOD OF NOT LESS THAN EIGHT CONSECUTIVE MONTHS
6 OR A NIGHT SCHOOL TERM OF TRAINING FOR A PERIOD OF NOT LESS THAN
7 FIFTEEN CONSECUTIVE MONTHS FOR A COMPLETE COURSE, COMPRISING ALL
8 OR A MAJORITY OF THE PRACTICES OF COSMETOLOGY, AS PROVIDED BY
9 THIS ACT. THE HOURS OF TRAINING REQUIRED BY THIS PARAGRAPH SHALL
10 BE ACCOMPLISHED WITHIN FOUR CONSECUTIVE YEARS.
11 (2) PRACTICAL DEMONSTRATIONS AND THEORETICAL STUDIES, AND
12 STUDY IN SANITATION, STERILIZATION AND THE USE OF ANTISEPTICS,
13 COSMETICS AND ELECTRICAL APPLIANCES CONSISTENT WITH THE
14 PRACTICAL AND THEORETICAL REQUIREMENTS AS APPLICABLE TO
15 COSMETOLOGY, HAIR TECHNOLOGY, NAIL TECHNOLOGY, NATURAL <--
16 HAIRSTYLING HAIR BRAIDING OR ESTHETICS OR ANY ACT OR PRACTICE <--
17 COMPRISING COSMETOLOGY, HAIR TECHNOLOGY, NAIL TECHNOLOGY, <--
18 NATURAL HAIRSTYLING HAIR BRAIDING OR ESTHETICS. <--
19 (3) A RATIO OF NOT LESS THAN ONE TEACHER FOR EVERY TWENTY-
20 FIVE STUDENTS.
21 (4) A SEPARATE CURRICULUM OF FIVE HUNDRED HOURS FOR
22 INDIVIDUALS SEEKING TO BECOME TEACHERS OF COSMETOLOGY, HAIR <--
23 TECHNOLOGY, NAIL TECHNOLOGY OR NATURAL HAIRSTYLING HAIR <--
24 BRAIDING. THE CURRICULUM SHALL INCLUDE METHODS OF TEACHING AND
25 PRINCIPLES OF EDUCATION. THIS PARAGRAPH SHALL NOT APPLY TO
26 TEACHERS IN PUBLIC SCHOOL PROGRAMS OF COSMETOLOGY WHO MEET THE
27 STANDARDS ESTABLISHED BY THE DEPARTMENT OF EDUCATION FOR
28 VOCATIONAL EDUCATION TEACHERS IN THE PUBLIC SCHOOLS, AND THOSE
29 TEACHERS SHALL BE DEEMED TO HAVE SATISFIED THE EDUCATIONAL
30 REQUIREMENTS OF THIS PARAGRAPH.
20050S0707B1971 - 15 -
1 * * * <--
2 (c) No member of the board may inspect or be physically
3 present during the original inspection of a cosmetology [shop]
4 salon or a school of cosmetology.
5 (D) A SCHOOL OF COSMETOLOGY WHICH OFFERS A CURRICULUM <--
6 LIMITED TO THE PRACTICE OF HAIR TECHNOLOGY, NATURAL HAIRSTYLING, <--
7 NAIL TECHNOLOGY OR ESTHETICS AND LICENSED PURSUANT TO SUBSECTION
8 (A)(2), SHALL REQUIRE THE FOLLOWING WITH RESPECT TO HOURS OF
9 INSTRUCTION:
10 (1) FOR HAIR TECHNOLOGY, STUDENTS SHALL BE REQUIRED TO
11 COMPLETE A COURSE OF EDUCATION CONSISTING OF SEVEN HUNDRED FIFTY
12 HOURS; FOR THE PRACTICE OF NATURAL HAIR BRAIDING, NAIL <--
13 TECHNOLOGY OR ESTHETICS SHALL REQUIRE THE FOLLOWING WITH RESPECT
14 TO HOURS OF INSTRUCTION:
15 (2) FOR NATURAL HAIRSTYLING (1) FOR NATURAL HAIR BRAIDING, <--
16 STUDENTS SHALL BE REQUIRED TO COMPLETE A COURSE OF STUDY OF
17 THREE HUNDRED HOURS;
18 (3) (2) FOR NAIL TECHNOLOGY, STUDENTS SHALL BE REQUIRED TO <--
19 COMPLETE A COURSE OF STUDY OF TWO HUNDRED HOURS; AND
20 (4) (3) FOR ESTHETICS, STUDENTS SHALL BE REQUIRED TO <--
21 COMPLETE A COURSE OF STUDY OF THREE HUNDRED HOURS.
22 Section 6.2. Section 8 of the act, amended June 30, 1984
23 (P.L.479, No.100), is amended to read:
24 Section 8. Practice in [Cosmetology Shops] Licensed Salons
25 Only.--(a) [It] (A) EXCEPT AS SET FORTH IN SUBSECTION (B), IT <--
26 shall be unlawful for any person [to]:
27 (1) to practice cosmetology for pay in any place other than
28 a licensed cosmetology [shop, manicurist shop] salon or barber
29 shop as defined in the act of June 19, 1931 (P.L.589, No.202),
30 referred to as the Barbers' License Law[: PROVIDED, THAT A]; OR <--
20050S0707B1971 - 16 -
1 or <--
2 (2) to practice esthetics, nail technology, hair technology
3 or natural hair styling for pay in any place other than a
4 licensed cosmetology salon or a salon licensed for one of the
5 limited license practices.
6 (2) TO PRACTICE ESTHETICS, NAIL TECHNOLOGY OR NATURAL <--
7 HAIRSTYLING HAIR BRAIDING FOR PAY IN ANY PLACE OTHER THAN A <--
8 LICENSED COSMETOLOGY SALON OR A SALON LIMITED TO ESTHETICS, NAIL
9 TECHNOLOGY OR NATURAL HAIRSTYLING; OR <--
10 (3) TO PRACTICE HAIR TECHNOLOGY FOR PAY IN ANY OTHER PLACE
11 THAN A LICENSED COSMETOLOGY SALON. HAIR BRAIDING. <--
12 (b) A [Provided, That a] licensed cosmetologist or the <--
13 holder of a limited license may furnish [cosmetology] treatments
14 to persons in their residences [of such persons] by appointment.
15 Section 7. Sections 8.1 and 9.2 heading and (a) of the act,
16 amended June 29, 2002 (P.L.645, No.98), are amended to read:
17 Section 8.1. Booth Rental Prohibited.--The rental of booth
18 space by an owner of a cosmetology [shop] salon, OR THE OWNER OF <--
19 A SALON LIMITED TO ESTHETICS, NAIL TECHNOLOGY OR NATURAL
20 HAIRSTYLING HAIR BRAIDING, to any holder of a license issued <--
21 under this act is unlawful.
22 Section 9.2. Shared Shops and Salons.--(a) A licensed
23 barber and a licensed cosmetologist shall be permitted to work
24 in the same shop or salon if the requirements of this section
25 are met. Any licensed shop or salon which employs a licensed
26 barber and a licensed cosmetologist shall not be required to
27 erect or install any physical barriers which separate the barber
28 and the cosmetologist. All licensed shops or salons shall
29 conform with the provisions of section 4.4 of this act.
30 * * *
20050S0707B1971 - 17 -
1 Section 8. Section 10 of the act, amended June 30, 1984
2 (P.L.479, No.100), is amended to read:
3 Section 10. Apprentices in Cosmetology [Shops] Salons.--Any
4 cosmetologist who is a cosmetology [shop] salon owner, at least
5 twenty-three years of age, who is a high school graduate or the
6 equivalent thereof, who has had at least five years experience
7 as a licensed cosmetologist in Pennsylvania, and who is a holder
8 of a teacher's license, may instruct apprentices in a duly
9 licensed cosmetology [shop] salon, provided that there shall be
10 no less than two licensed cosmetologists in addition to the
11 teacher for each apprentice in any [shop] salon and there shall
12 be no more than two apprentices in any [shop] salon, and
13 provided such [shop] salon is not held out as a school of
14 cosmetology and provided each teacher instructing an apprentice
15 shall report quarterly hours to the board on a form provided by
16 the board. Such apprentices may apply for examination at the end
17 of their apprenticeship at the next regular examination held by
18 the board, and, if successful therein, shall be licensed as
19 cosmetologists. Registered apprentices upon completion of their
20 required term of apprenticeship, may apply for, and receive from
21 the department, a temporary permit to practice in the field of
22 cosmetology until the next regular examination. Nothing in this
23 act shall prohibit an owner from hiring a cosmetology teacher to
24 instruct apprentices.
25 Section 9. Section 12.1 of the act, amended June 29, 2002
26 (P.L.645, No.98), is amended to read:
27 Section 12.1. Temporary Licenses.--Upon payment of the
28 required fee, a temporary license may be issued to any applicant
29 who is eligible for admission to a cosmetologist's examination
30 or [a manicurist's examination] to the examination for any of
20050S0707B1971 - 18 -
1 the limited licenses. An applicant who is thus licensed shall
2 practice only under the supervision of a licensed teacher or
3 cosmetologist, or under the supervision of the holder of a
4 corresponding limited license, until the time of the next
5 scheduled examination. Temporary licenses are granted for a
6 nine-month period.
7 Section 10. Section 13(a) of the act, amended June 30, 1984
8 (P.L.479, No.100), is amended to read:
9 Section 13. Powers and Duties of Board.--(a) The board
10 shall have the power to refuse, revoke, refuse to renew or
11 suspend licenses, upon due hearing, on proof of violation of any
12 provisions of this act, or the rules and regulations established
13 by the board under this act, or for gross incompetency or
14 dishonest or unethical practices, or for failing to submit to an
15 inspection of a licensee's [shop] salon during the business
16 hours of the [shop] salon and shall have the power to require
17 the attendance of witnesses and the production of such books,
18 records, and papers as may be necessary. Before any licenses
19 shall be suspended or revoked for any of the reasons contained
20 in this section, the holder thereof shall have notice in writing
21 of the charge or charges against him or her and shall, at a day
22 specified in said notice, be given a public hearing before a
23 duly authorized representative of the board with a full
24 opportunity to produce testimony in his or her behalf and to
25 confront the witnesses against him or her. Any person whose
26 license has been so suspended may on application to the board
27 have the same reissued to him or her, upon satisfactory proof
28 that the disqualification has ceased.
29 * * *
30 Section 11. Section 14 of the act, amended June 29, 2002
20050S0707B1971 - 19 -
1 (P.L.645, No.98), is amended to read:
2 Section 14. Sanitary Rules.--The board shall prescribe such
3 sanitary rules as it may deem necessary, with particular
4 reference to the precautions necessary to be employed to prevent
5 the creating and spreading of infectious and contagious
6 diseases; and it shall be unlawful for the owner of any
7 [cosmetology [shop] salon or school of cosmetology to permit any <--
8 person to sleep in or use for residential purposes any room used
9 wholly or in part as a [cosmetology [shop] salon or school of <--
10 cosmetology.
11 Section 12. Section 14.1 of the act, added June 30, 1984
12 (P.L.479, No.100), is amended to read:
13 Section 14.1. Tanning Units.--The board may not prescribe or
14 enforce any regulation prohibiting the use of any type of
15 tanning unit in cosmetology [shops] salons unless the United
16 States Food and Drug Administration, or another Federal or
17 Commonwealth agency of comparable expertise on matters of public
18 health, determines that the use of that type of tanning unit in
19 accordance with the manufacturer's instructions presents a
20 serious risk to the public.
21 Section 13. Section 16(a) and (b) of the act, amended June
22 30, 1984 (P.L.479, No.100) and June 29, 2002 (P.L.645, No.98),
23 are amended and the section is amended by adding a subsection
24 designation to read:
25 Section 16. Fees.--(a) The board shall, by regulation, fix
26 the following fees: (1) for the issuance of a license, with or
27 without examination, for cosmetology [shop] salon owners,
28 teachers, cosmetologists, [manicurists, manicurist shops,] nail
29 technologists TECHNICIANS, nail technology salons, estheticians, <--
30 esthetician salons, hair technicians, hair technician salons, <--
20050S0707B1971 - 20 -
1 natural hair stylists, natural hair styling BRAIDERS, NATURAL <--
2 HAIR BRAIDING salons, students[,] and cosmetology schools;
3 (1.1) [and] for registration fee for apprentices; and
4 (2) for biennial renewal [fees for] of cosmetology [shop]
5 salon owners, school instructors, cosmetologists, [manicurists,
6 cosmetology schools and manicurist shops.] nail technologists <--
7 TECHNICIANS, estheticians, hair technicians, natural hair <--
8 stylists BRAIDERS, cosmetology schools, nail technology salons, <--
9 esthetician salons, hair technology salons and natural hair <--
10 styling BRAIDING salons. <--
11 (a.1) Fees for registration, licensure and examination shall
12 be paid in advance to the department into the Professional
13 Licensure Augmentation Account.
14 (b) In case a [cosmetology [shop] salon owner changes the <--
15 location of his or her [shop] salon a new license must be
16 secured. The board shall, by regulation, fix the fee required
17 for such new license.
18 * * *
19 Section 14. Section 18.1 SECTIONS 18.1 AND 19(B) of the act, <--
20 AMENDED OR added June 30, 1984 (P.L.479, No.100), is ARE amended <--
21 to read:
22 Section 18.1. Customer Complaints.--Each [shop] salon shall
23 have displayed in a conspicuous place near the [shop] salon
24 entrance a notice to customers listing the phone number at which
25 a customer may report a complaint to the State Board of
26 Cosmetology.
27 SECTION 19. DURATION AND RENEWAL OF LICENSES.--* * * <--
28 (B) [A COSMETOLOGIST] AN INDIVIDUAL HOLDING A LICENSE TO
29 PRACTICE COSMETOLOGY OR AN INDIVIDUAL HOLDING A LIMITED LICENSE
30 WHO IS NOT ENGAGED IN [THE PRACTICE OF COSMETOLOGY] PRACTICE
20050S0707B1971 - 21 -
1 SHALL REQUEST THE BOARD, IN WRITING, TO PLACE HIS LICENSE IN
2 ESCROW AND THUS PROTECT HIS RIGHT TO OBTAIN A LICENSE AT ANY
3 SUCH TIME WITHIN A FIVE-YEAR PERIOD IF HE DESIRES TO AGAIN
4 BECOME ENGAGED IN THE PRACTICE OF COSMETOLOGY OR THE PRACTICE OF
5 HAIR TECHNOLOGY, NAIL TECHNOLOGY, NATURAL HAIRSTYLING NAIL <--
6 TECHNOLOGY, NATURAL HAIR BRAIDING OR ESTHETICS.
7 * * *
8 Section 15. Section 20(e) of the act, amended 20(B), (C), <--
9 (C.2) AND (E) OF THE ACT, AMENDED JUNE 30, 1984 (P.L.479,
10 NO.100) AND June 29, 2002 (P.L.645, No.98), is ARE amended to <--
11 read:
12 Section 20. Penalties.--* * *
13 (B) [ANY COSMETOLOGIST, TEACHER, STUDENT OR APPRENTICE] AN <--
14 INDIVIDUAL HOLDING A COSMETOLOGY LICENSE OR LIMITED LICENSE OR
15 INDIVIDUAL REGISTERED AS AN APPRENTICE WHO SHALL PRACTICE [THE
16 PROFESSION OF COSMETOLOGY] WHILE KNOWINGLY SUFFERING FROM
17 CONTAGIOUS OR INFECTIOUS DISEASE, OR WHO SHALL KNOWINGLY SERVE
18 ANY PERSON AFFLICTED WITH SUCH DISEASE, SHALL BE GUILTY OF A
19 SUMMARY OFFENSE, AND, UPON CONVICTION THEREOF, SHALL BE
20 SENTENCED TO PAY A FINE NOT EXCEEDING THREE HUNDRED DOLLARS
21 ($300.00), OR UNDERGO AN IMPRISONMENT NOT EXCEEDING THIRTY (30)
22 DAYS, OR BOTH, AT THE DISCRETION OF THE COURT.
23 (C) [ANY COSMETOLOGIST, TEACHER, STUDENT OR APPRENTICE] AN
24 INDIVIDUAL HOLDING A COSMETOLOGY LICENSE OR LIMITED LICENSE OR
25 INDIVIDUAL REGISTERED AS AN APPRENTICE WHO SHALL INFECT ANY
26 PERSON, OR WHO SHALL IMPART ANY CONTAGIOUS OR INFECTIOUS
27 DISEASE, BY REASON OF CARELESSNESS OR NEGLIGENCE IN [THE]
28 PRACTICE [OF SUCH PROFESSION], SHALL BE GUILTY OF A SUMMARY
29 OFFENSE, AND, UPON CONVICTION, SHALL BE SENTENCED TO PAY A FINE
30 NOT EXCEEDING THREE HUNDRED DOLLARS ($300.00), OR TO UNDERGO AN
20050S0707B1971 - 22 -
1 IMPRISONMENT NOT EXCEEDING THREE MONTHS, OR BOTH, AT THE
2 DISCRETION OF THE COURT.
3 (C.2) IN ADDITION TO ANY OTHER CIVIL REMEDY OR CRIMINAL
4 PENALTY PROVIDED FOR IN THIS ACT, THE BOARD, BY A VOTE OF THE
5 MAJORITY OF THE MAXIMUM NUMBER OF THE AUTHORIZED MEMBERSHIP OF
6 THE BOARD AS PROVIDED BY THIS ACT OR BY A VOTE OF THE MAJORITY
7 OF THE QUALIFIED AND CONFIRMED MEMBERSHIP OR A MINIMUM OF FIVE
8 MEMBERS, WHICHEVER IS GREATER, MAY LEVY A CIVIL PENALTY OF UP TO
9 ONE THOUSAND DOLLARS ($1,000.00) ON ANY CURRENT LICENSEE WHO
10 VIOLATES ANY PROVISIONS OF THIS ACT OR ON ANY PERSON WHO
11 PRACTICES COSMETOLOGY, HAIR TECHNOLOGY, NATURAL HAIRSTYLING <--
12 NATURAL HAIR BRAIDING, NAIL TECHNOLOGY OR ESTHETICS WITHOUT <--
13 BEING PROPERLY LICENSED TO DO SO UNDER THIS ACT. THE BOARD SHALL
14 LEVY THIS PENALTY ONLY AFTER AFFORDING THE ACCUSED PARTY THE
15 OPPORTUNITY FOR A HEARING, AS PROVIDED IN TITLE 2 OF THE
16 PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO ADMINISTRATIVE
17 LAW AND PROCEDURE).
18 * * *
19 (e) The owner of any [shop] salon employing an unlicensed
20 cosmetologist OR AN UNLICENSED HAIRSTYLIST, HAIR TECHNICIAN, <--
21 NATURAL HAIR BRAIDER, NAIL TECHNICIAN OR ESTHETICIAN shall, upon <--
22 conviction, be sentenced to pay a fine not exceeding five
23 hundred dollars ($500.00), or to undergo imprisonment not
24 exceeding six (6) months, or both, at the discretion of the
25 court.
26 Section 16. The board STATE BOARD OF COSMETOLOGY shall <--
27 promulgate regulations required to implement this act within 18
28 months of the effective date of this act SECTION. THE BOARD <--
29 SHALL PROVIDE A WRITTEN REPORT EVERY 60 DAYS REGARDING THE STEPS
30 TAKEN TO PROMULGATE REGULATIONS TO THE CONSUMER PROTECTION AND
20050S0707B1971 - 23 -
1 PROFESSIONAL LICENSURE COMMITTEE OF THE SENATE, THE PROFESSIONAL
2 LICENSURE COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE
3 COMMISSIONER OF THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL
4 AFFAIRS AND THE SECRETARY OF THE COMMONWEALTH.
5 Section 17. This act shall take effect in 60 days.
E2L63MRD/20050S0707B1971 - 24 -