AN ACT

 

1Amending the act of May 3, 1933 (P.L.242, No.86), entitled, as
2amended, "An act to promote the public health and safety by
3providing for examination, licensing and granting of permits
4for those who desire to engage in the profession of
5cosmetology; defining cosmetology, and regulating cosmetology
6salons, schools, students, apprentices, teachers, managers,
7manicurists and cosmetologists; conferring powers and duties
8upon the Commissioner of Professional and Occupational
9Affairs in the Department of State; providing for appeals to
10certain courts by applicants and licensees; and providing
11penalties," further providing for definitions; for practice
12in licensed salons only and for fees.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 1 of the act of May 3, 1933 (P.L.242,
16No.86), referred to as the Cosmetology Law, is amended by adding
17a definition to read:

18Section 1. Definitions.--The following words and phrases
19when used in this act shall have the meanings given to them in
20this section unless the context clearly indicates otherwise:

21* * *

22"Mobile setting" means an individual's residence, a public

1area used for social events, a funeral home or a private
2facility or institution where an individual is confined or
3immobile due to health reasons or similar circumstances.

4* * *

5Section 2. Section 8(b) of the act, amended July 7, 2006
6(P.L.704, No.99), is amended to read:

7Section 8. Practice in Licensed Salons Only.--* * *

8(b) [A licensed cosmetologist or the holder of a limited
9license may furnish treatments to persons in their residences by
10appointment.] A licensed salon may file an application with the 
11board for, and the board, upon payment of the required fees, 
12shall issue a permit to practice at a mobile setting. Only one 
13permit may be issued to a licensed salon. The permit shall 
14expire when the salon license expires and may be renewed upon 
15renewing the salon license as provided in section 19. A licensed 
16salon holding a permit under this subsection shall:

17(1) comply with all sanitation requirements;

18(2) maintain an appointment book at the licensed salon
19showing that appointments were made prior to services being
20performed;

21(3) provide cosmetology services in a mobile setting through
22licensed individuals who are employed by the salon;

23(4) display the permit and the individual's license while
24practicing at the mobile setting; and

25(5) maintain a salon as required by this act.

26Section 3. Section 13(a) and (c) of the act, amended June
2730, 1984 (P.L.479, No.100) and July 7, 2006 (P.L.704, No.99),
28are amended to read:

29Section 13. Powers and Duties of Board.--(a) The board
30shall have the power to refuse, revoke, refuse to renew or

1suspend licenses or permits, upon due hearing, on proof of
2violation of any provisions of this act, or the rules and
3regulations established by the board under this act, or for
4gross incompetency or dishonest or unethical practices, or for
5failing to submit to an inspection of a licensee's salon during
6the business hours of the salon and shall have the power to
7require the attendance of witnesses and the production of such
8books, records, and papers as may be necessary. Before any
9licenses or permits shall be suspended or revoked for any of the
10reasons contained in this section, the holder thereof shall have
11notice in writing of the charge or charges against him or her
12and shall, at a day specified in said notice, be given a public
13hearing before a duly authorized representative of the board
14with a full opportunity to produce testimony in his or her
15behalf and to confront the witnesses against him or her. Any
16person whose license or permit has been so suspended may on
17application to the board have the same reissued to him or her,
18upon satisfactory proof that the disqualification has ceased.

19* * *

20(c) Unless ordered to do so by a court, the board shall not
21reinstate the license or permit of a person to practice pursuant
22to this act which has been revoked, and such person shall be
23required to apply for a license or permit, after a period of
24five years, in accordance with section 12 of this act if he
25desires to practice at any time after such revocation.

26Section 4. Section 16(a) of the act, amended July 7, 2006
27(P.L.704, No.99), is amended to read:

28Section 16. Fees.--(a) The board shall, by regulation, fix
29the following fees: (1) for the issuance of a license, with or
30without examination, for cosmetology salon owners, teachers,

1cosmetologists, nail technicians, nail technology salons,
2estheticians, esthetician salons, natural hair braiders, natural
3hair braiding salons, students and cosmetology schools;

4(1.1) for registration fee for apprentices; [and]

5(2) for biennial renewal of cosmetology salon owners, school
6instructors, cosmetologists, nail technicians, estheticians,
7natural hair braiders, cosmetology schools, nail technology
8salons, esthetician salons [and], natural hair braiding
9salons[.] and mobile setting permits; and

10(3) for the issuance of a permit for practice at a mobile
11setting.

12* * *

13Section 5. This act shall take effect in 60 days.