PRIOR PRINTER'S NO. 2405

PRINTER'S NO.  3510

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1868

Session of

2011

  

  

INTRODUCED BY GILLESPIE, D. COSTA, FLECK, GIBBONS, CREIGHTON AND MOUL, SEPTEMBER 26, 2011

  

  

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 9, 2012   

  

  

  

AN ACT

  

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Amending the act of May 3, 1933 (P.L.242, No.86), entitled, as

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amended, "An act to promote the public health and safety by

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providing for examination, licensing and granting of permits

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for those who desire to engage in the profession of

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cosmetology; defining cosmetology, and regulating cosmetology

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salons, schools, students, apprentices, teachers, managers,

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manicurists and cosmetologists; conferring powers and duties

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upon the Commissioner of Professional and Occupational

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Affairs in the Department of State; providing for appeals to

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certain courts by applicants and licensees; and providing

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penalties," further providing for eligibility for examination 

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and for limited licenses; and providing for massage therapist

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practice in licensed cosmetology salons.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 4 of the act of May 3, 1933 (P.L.242,

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No.86), referred to as the Cosmetology Law, amended July 7, 2006

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(P.L.704, No.99), is amended to read:

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Section 1.  Sections 4 and 5 of the act of May 3, 1933

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(P.L.242, No.86), referred to as the Cosmetology Law, amended

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July 7, 2006 (P.L.704, No.99), are amended to read:

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Section 4.  Eligibility Requirements for Examination.--No

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person shall be permitted by the board to take an examination to

 


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receive a license as a cosmetologist unless such person (1)

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shall be at least sixteen years of age and of good moral

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character at the time of making application, and (2) shall have

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completed a tenth grade education or the equivalent thereof, or

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in lieu of such education or the equivalent thereof shall have

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received training from or under the auspices of the Bureau of

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Rehabilitation in the Department of Labor and Industry, and (3)

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shall have either (i) completed not less than one thousand two

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hundred fifty hours as a student in a duly registered school of

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cosmetology as hereinafter provided in this act, or (ii) shall

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have been registered and served as an apprentice at least two

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thousand hours in a licensed cosmetology salon as hereinafter

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provided in this act. The application shall be accompanied by a

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notarized statement from either the licensed cosmetology school

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the applicant attended or the licensed cosmetology teacher in

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the licensed cosmetology salon where the applicant studied and

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trained, stating that the applicant has completed the study and

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training period required under this act. No person shall be

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permitted to take an examination for a license to teach

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cosmetology or natural hair braiding, nail technology or

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esthetics unless such person shall have a license to practice

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cosmetology or a limited license, be at least eighteen years of

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age, shall have completed a twelfth grade education or the

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equivalent thereof and have had five hundred hours of

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specialized training as set forth in section 6 of this act which

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hours shall be in addition to the hours necessary to qualify for

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a license to practice cosmetology or a limited license. An

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applicant for a license to teach cosmetology, natural hair

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braiding, nail technology or esthetics shall be permitted to

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take the theoretical part of the examination upon completion of

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at least four hundred hours of the specialized training

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required. Notwithstanding clause (3)(i), an applicant shall be

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permitted to take the theoretical part of the examination upon

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completion of at least nine hundred hours of instruction in a

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duly registered school of cosmetology.

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Section 5.  Limited Licenses.--(a)  An applicant for a

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limited license shall be at least sixteen years of age, be of

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good moral character, have completed a tenth grade education or

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the equivalent thereof and pay the applicable fee to the board.

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(b)  The board shall issue the following limited licenses to

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qualified applicants:

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(1)  Esthetician license, which shall authorize the holder to

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engage in the practice of esthetics only. An applicant for an

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esthetician license shall have completed three hundred hours of

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instruction in esthetics in a licensed school of cosmetology and

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passed an examination limited to that practice. Licensed

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estheticians may operate a salon limited to that license. An

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applicant shall be permitted to take the theoretical part of the

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examination upon completion of at least two hundred fifty hours

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of instruction in esthetics in a licensed school of cosmetology.

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(2)  Nail technician license, which shall authorize the

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holder to engage in the practice of nail technology only. An

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applicant for a nail technician license shall have completed two

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hundred hours of instruction in nail technology in a licensed

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school of cosmetology and passed an examination limited to that

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practice. Licensed nail technicians may operate a salon limited

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to that license. An applicant shall be permitted to take the

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theoretical part of the examination upon completion of at least

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one hundred fifty hours of instruction in nail technology in a

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licensed school of cosmetology.

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(3)  (i)  Natural hair braiding license, which shall

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authorize the holder to engage in the practice of natural hair

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braiding only. An applicant for a natural hair braiding license

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shall have completed three hundred hours of board-approved

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subjects relating to sanitation, scalp care, anatomy and natural

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hair braiding in a cosmetology school and passed an examination

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limited to that practice. Licensed natural hair braiders may

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operate a salon limited to that license. An applicant shall be

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permitted to take the theoretical part of the examination upon

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completion of at least two hundred fifty hours of instruction in

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natural hair braiding in a licensed school of cosmetology.

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(ii)  The requirements of paragraph (3)(i) shall not apply

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and a license to practice natural hair braiding shall be issued

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to an applicant who:

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(A)  has submitted an application, along with the required

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fee, within one year of the board's promulgation of final

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regulations required under this section; and

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(B)  can demonstrate proof of practice of natural hair

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braiding for three consecutive years immediately prior to the

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date of application for licensure. Proof of practice shall

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require tax records of employment and an affidavit from the

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applicant and the applicant's immediate supervisor where

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applicable. The board shall accept the information provided

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without penalty to the applicant for failure to comply with

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licensing provisions prior to the effective date of this

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subsection.

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(c)  Within two years of the initial issuance of a license

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under subsection (b)(3)(ii), the licensee shall provide the

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board with proof that the licensee completed one hundred fifty

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hours of education from a school of cosmetology as a condition

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of renewal of the license. The courses shall include, at a

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minimum, scalp care, hygiene and occupational safety.

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Section 2.  The act is amended by adding a section to read:

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Section 9.3.  Massage Therapist Practice in Licensed

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Cosmetology Salons.--A licensee under the act of October 9, 2008

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(P.L.1438, No.118), known as the Massage Therapy Law, shall be

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permitted to practice massage therapy within a licensed

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cosmetology salon. Any licensed salon which employs a licensed

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massage therapist shall not be required to erect or install any

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physical barriers separating the areas used for massage therapy

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from the areas used for cosmetology. All licensed salons shall

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conform with the provisions of section 4.4 of this act. The

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salon owner or designated person in charge shall be responsible

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for the conduct of any massage therapist employed and shall

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ensure the massage therapist complies with this act and the

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requirements of the Massage Therapy Law.

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Section 2 3.  This act shall take effect in 60 days.

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