| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 2405, 3510 | PRINTER'S NO. 4074 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY GILLESPIE, D. COSTA, FLECK, GIBBONS, CREIGHTON AND MOUL, SEPTEMBER 26, 2011 |
| |
| |
| SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, REPORTED AS AMENDED, SEPTEMBER 25, 2012 |
| |
| |
| |
| 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 | salons, 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 eligibility for examination |
12 | and for limited licenses; and providing for massage therapist | <-- |
13 | practice in licensed cosmetology salons. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. Sections 4 and 5 of the act of May 3, 1933 |
17 | (P.L.242, No.86), referred to as the Cosmetology Law, amended |
18 | July 7, 2006 (P.L.704, No.99), are amended to read: |
19 | Section 4. Eligibility Requirements for Examination.--No |
20 | person shall be permitted by the board to take an examination to |
21 | receive a license as a cosmetologist unless such person (1) |
22 | shall be at least sixteen years of age and of good moral |
|
1 | character at the time of making application, and (2) shall have |
2 | completed a tenth grade education or the equivalent thereof, or |
3 | in lieu of such education or the equivalent thereof shall have |
4 | received training from or under the auspices of the Bureau of |
5 | Rehabilitation in the Department of Labor and Industry, and (3) |
6 | shall have either (i) completed not less than one thousand two |
7 | hundred fifty hours as a student in a duly registered school of |
8 | cosmetology as hereinafter provided in this act, or (ii) shall |
9 | have been registered and served as an apprentice at least two |
10 | thousand hours in a licensed cosmetology salon as hereinafter |
11 | provided in this act. The application shall be accompanied by a |
12 | notarized statement from either the licensed cosmetology school |
13 | the applicant attended or the licensed cosmetology teacher in |
14 | the licensed cosmetology salon where the applicant studied and |
15 | trained, stating that the applicant has completed the study and |
16 | training period required under this act. No person shall be |
17 | permitted to take an examination for a license to teach |
18 | cosmetology or natural hair braiding, nail technology or |
19 | esthetics unless such person shall have a license to practice |
20 | cosmetology or a limited license, be at least eighteen years of |
21 | age, shall have completed a twelfth grade education or the |
22 | equivalent thereof and have had five hundred hours of |
23 | specialized training as set forth in section 6 of this act which |
24 | hours shall be in addition to the hours necessary to qualify for |
25 | a license to practice cosmetology or a limited license. An |
26 | applicant for a license to teach cosmetology, natural hair |
27 | braiding, nail technology or esthetics shall be permitted to |
28 | take the theoretical part of the examination upon completion of |
29 | at least four hundred hours of the specialized training |
30 | required. Notwithstanding clause (3)(i), an applicant shall be |
|
1 | permitted to take the theoretical part of the examination upon |
2 | completion of at least nine hundred hours of instruction in a |
3 | duly registered school of cosmetology. |
4 | Section 5. Limited Licenses.--(a) An applicant for a |
5 | limited license shall be at least sixteen years of age, be of |
6 | good moral character, have completed a tenth grade education or |
7 | the equivalent thereof and pay the applicable fee to the board. |
8 | (b) The board shall issue the following limited licenses to |
9 | qualified applicants: |
10 | (1) Esthetician license, which shall authorize the holder to |
11 | engage in the practice of esthetics only. An applicant for an |
12 | esthetician license shall have completed three hundred hours of |
13 | instruction in esthetics in a licensed school of cosmetology and |
14 | passed an examination limited to that practice. Licensed |
15 | estheticians may operate a salon limited to that license. An |
16 | applicant shall be permitted to take the theoretical part of the |
17 | examination upon completion of at least two hundred fifty hours |
18 | of instruction in esthetics in a licensed school of cosmetology. |
19 | (2) Nail technician license, which shall authorize the |
20 | holder to engage in the practice of nail technology only. An |
21 | applicant for a nail technician license shall have completed two |
22 | hundred hours of instruction in nail technology in a licensed |
23 | school of cosmetology and passed an examination limited to that |
24 | practice. Licensed nail technicians may operate a salon limited |
25 | to that license. An applicant shall be permitted to take the |
26 | theoretical part of the examination upon completion of at least |
27 | one hundred fifty hours of instruction in nail technology in a |
28 | licensed school of cosmetology. |
29 | (3) (i) Natural hair braiding license, which shall |
30 | authorize the holder to engage in the practice of natural hair |
|
1 | braiding only. An applicant for a natural hair braiding license |
2 | shall have completed three hundred hours of board-approved |
3 | subjects relating to sanitation, scalp care, anatomy and natural |
4 | hair braiding in a cosmetology school and passed an examination |
5 | limited to that practice. Licensed natural hair braiders may |
6 | operate a salon limited to that license. An applicant shall be |
7 | permitted to take the theoretical part of the examination upon |
8 | completion of at least two hundred fifty hours of instruction in |
9 | natural hair braiding in a licensed school of cosmetology. |
10 | (ii) The requirements of paragraph (3)(i) shall not apply |
11 | and a license to practice natural hair braiding shall be issued |
12 | to an applicant who: |
13 | (A) has submitted an application, along with the required |
14 | fee, within one year of the board's promulgation of final |
15 | regulations required under this section; and |
16 | (B) can demonstrate proof of practice of natural hair |
17 | braiding for three consecutive years immediately prior to the |
18 | date of application for licensure. Proof of practice shall |
19 | require tax records of employment and an affidavit from the |
20 | applicant and the applicant's immediate supervisor where |
21 | applicable. The board shall accept the information provided |
22 | without penalty to the applicant for failure to comply with |
23 | licensing provisions prior to the effective date of this |
24 | subsection. |
25 | (c) Within two years of the initial issuance of a license |
26 | under subsection (b)(3)(ii), the licensee shall provide the |
27 | board with proof that the licensee completed one hundred fifty |
28 | hours of education from a school of cosmetology as a condition |
29 | of renewal of the license. The courses shall include, at a |
30 | minimum, scalp care, hygiene and occupational safety. |
|
1 | Section 2. The act is amended by adding a section to read: | <-- |
2 | Section 9.3. Massage Therapist Practice in Licensed |
3 | Cosmetology Salons.--A licensee under the act of October 9, 2008 |
4 | (P.L.1438, No.118), known as the Massage Therapy Law, shall be |
5 | permitted to practice massage therapy within a licensed |
6 | cosmetology salon. Any licensed salon which employs a licensed |
7 | massage therapist shall not be required to erect or install any |
8 | physical barriers separating the areas used for massage therapy |
9 | from the areas used for cosmetology. All licensed salons shall |
10 | conform with the provisions of section 4.4 of this act. The |
11 | salon owner or designated person in charge shall be responsible |
12 | for the conduct of any massage therapist employed and shall |
13 | ensure the massage therapist complies with this act and the |
14 | requirements of the Massage Therapy Law. |
15 | Section 3 2. This act shall take effect in 60 days. | <-- |
|