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PRINTER'S NO. 1524
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1304
Session of
2019
INTRODUCED BY FARRY, MILLARD, MURT, DeLUCA, HILL-EVANS, CIRESI
AND NEILSON, APRIL 25, 2019
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 25, 2019
AN ACT
Amending the act of May 3, 1933 (P.L.242, No.86), entitled "An
act to promote the public health and safety by providing for
examination, licensing and granting of permits for those who
desire to engage in the profession of cosmetology; defining
cosmetology, and regulating cosmetology salons, schools,
students, apprentices, teachers, managers, manicurists and
cosmetologists; conferring powers and duties upon the
Commissioner of Professional and Occupational Affairs in the
Department of State; providing for appeals to certain courts
by applicants and licensees; and providing penalties,"
further providing for definitions, for practice without
license prohibited, for eligibility requirements for
examination, for limited licenses, for requirements of a
school of cosmetology, for practice in licensed salons only,
for booth rental prohibited, for fees, for duration and
renewal of licenses and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "cosmetology" and "limited
license" in section 1 of the act of May 3, 1933 (P.L.242,
No.86), referred to as the Cosmetology Law, are amended and the
section is amended by adding definitions to read:
Section 1. Definitions.--The following words and phrases
when used in this act shall have the meanings given to them in
this section unless the context clearly indicates otherwise:
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* * *
"Cosmetology" includes any or all work done for compensation
by any person, which work is generally and usually performed by
cosmetologists, which work is for the embellishment, cleanliness
and beautification of the human hair, such as arranging,
braiding, dressing, curling, waving, permanent waving,
cleansing, cutting, singeing, bleaching, coloring, pressing, or
similar work thereon and thereabout, and the removal of
superfluous hair, and the massaging, cleansing, stimulating,
manipulating, exercising, or similar work upon the scalp, face,
arms or hands, or the upper part of the body, by the use of
mechanical or electrical apparatus or appliances or cosmetics,
preparations, tonics, antiseptics, creams or lotions, or by any
other means, and of manicuring the nails, which enumerated
practices shall be inclusive of the term cosmetology but not in
limitation thereof. The term also includes the acts comprising
the practice of nail technology, natural hair braiding [and],
esthetics and electrology.
* * *
"Electrologist" means an individual licensed by the State
Board of Cosmetology to practice electrology.
"Electrology" means the permanent removal of hair through the
utilization of sterile needle/solid probe electrode-type
epilation, including thermolysis or electrolysis or a
combination of both.
* * *
"Limited license" means a license issued by the State Board
of Cosmetology to an individual which permits that individual to
engage in the practice of esthetics, natural hair braiding [or],
nail technology or electrology.
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* * *
Section 2. Sections 2 and 4(c) and (d) of the act are
amended to read:
Section 2. Practice without License Prohibited.--It shall be
unlawful for any person to do any of the following without
having first obtained from the department a license or limited
license as provided in this act:
(1) To practice or teach cosmetology for compensation, or to
use or maintain any place for the practice of cosmetology for
compensation, or to use or maintain any place for the teaching
of cosmetology.
(2) To practice or teach esthetics, natural hair braiding
[or], nail technology or electrology for compensation or to use
or maintain any place for the practice of esthetics, natural
hair braiding [or], nail technology or electrology for
compensation.
Section 4. Eligibility Requirements for Examination.--* * *
(c) No person shall be permitted to receive a license to
teach cosmetology or natural hair braiding, nail technology
[or], esthetics or electrology unless such person shall have a
license to practice cosmetology or a limited license, be at
least eighteen years of age, shall have completed a twelfth
grade education or the equivalent thereof and have had five
hundred hours of specialized training as set forth in section 6
of this act which hours shall be in addition to the hours
necessary to qualify for a license to practice cosmetology or a
limited license.
(d) An applicant for a license to teach cosmetology, natural
hair braiding, nail technology [or], esthetics or electrology
shall be permitted to take a written examination upon completion
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of at least four hundred hours of the specialized training
required. The examination shall include both theoretical and
procedural skill questions as prescribed by the board. Any
applicant may apply and is eligible for licensure upon (1)
passing the written examination, (2) completion of the required
five hundred hours of instruction, and (3) certification by a
duly licensed school of satisfactory completion of all program
requirements.
Section 3. Section 5(b) of the act is amended by adding a
paragraph to read:
Section 5. Limited Licenses.--* * *
(b) The board shall issue the following limited licenses to
qualified applicants:
* * *
(4) (i) Electrologist license, which shall only authorize
the holder to engage in the practice of electrology. An
applicant for an electrologist license shall have completed four
hundred hours of instruction in electrology in a licensed school
of cosmetology and passed an examination limited to that
practice. Licensed electrologists may operate a salon limited to
that license. An applicant may be permitted to take a written
examination upon completion of at least three hundred fifty
hours of instruction in electrology in a licensed school of
cosmetology. The examination shall include both theoretical and
procedural skill questions as prescribed by the board. Any
applicant may apply and is eligible for licensure upon (A)
passing the written examination, (B) completion of the required
four hundred hours of board-approved subjects, and (C)
certification by a duly licensed school of satisfactory
completion of all program requirements.
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(ii) The requirements of subparagraph (i) shall not apply
and a license to practice electrology shall be issued to an
applicant who:
(A) has submitted an application, along with the required
fee, within one year of the board's promulgation of final
regulations required under this section; and
(B) can demonstrate proof of practice of electrology for
three consecutive years immediately prior to the date of
application for licensure. Proof of practice shall require tax
records of employment and an affidavit from the applicant and
the applicant's immediate supervisor, where applicable. The
board shall accept the information provided without penalty to
the applicant for failure to comply with licensing provisions
prior to the effective date of this paragraph.
* * *
Section 4. Sections 6(b.1) and (d), 8, 8.1, 16(a), 19(b) and
20(c.2) and (e) of the act are amended to read:
Section 6. Requirements of a School of Cosmetology.--* * *
(b.1) No school of cosmetology shall be granted a license or
renewal of a license unless it shall require:
(1) A day school term of training of not less than one
thousand two hundred fifty hours within a period of not less
than eight consecutive months or a night school term of training
for a period of not less than fifteen consecutive months for a
complete course, comprising all or a majority of the practices
of cosmetology, as provided by this act. The hours of training
required by this paragraph shall be accomplished within four
consecutive years.
(2) Practical demonstrations and theoretical studies, and
study in sanitation, sterilization and the use of antiseptics,
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cosmetics and electrical appliances consistent with the
practical and theoretical requirements as applicable to
cosmetology, nail technology, natural hair braiding [or],
esthetics or electrology or any act or practice comprising
cosmetology, nail technology, natural hair braiding [or],
esthetics or electrology.
(3) A ratio of not less than one teacher for every twenty-
five students.
(4) A separate curriculum of five hundred hours for
individuals seeking to become teachers of cosmetology, nail
technology [or], natural hair braiding or electrology. The
curriculum shall include methods of teaching and principles of
education. This paragraph shall not apply to teachers in public
school programs of cosmetology who meet the standards
established by the Department of Education for vocational
education teachers in the public schools, and those teachers
shall be deemed to have satisfied the educational requirements
of this paragraph.
* * *
(d) A school of cosmetology which offers a curriculum for
the practice of natural hair braiding, nail technology [or],
esthetics or electrology shall require the following with
respect to hours of instruction:
(1) for natural hair braiding, students shall be required to
complete a course of study of three hundred hours;
(2) for nail technology, students shall be required to
complete a course of study of two hundred hours; [and]
(3) for esthetics, students shall be required to complete a
course of study of three hundred hours[.]; and
(4) for electrology, students shall be required to complete
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a course of study of four hundred hours.
Section 8. Practice in Licensed Salons Only.--(a) Except as
set forth in subsection (b), it shall be unlawful for any
person:
(1) to practice cosmetology for pay in any place other than
a licensed cosmetology salon or barber shop as defined in the
act of June 19, 1931 (P.L.589, No.202), referred to as the
Barbers' License Law; or
(2) to practice esthetics, nail technology [or], natural
hair braiding or electrology for pay in any place other than a
licensed cosmetology salon or a salon limited to esthetics, nail
technology [or], natural hair braiding or electrology.
(b) A licensed cosmetologist or the holder of a limited
license may furnish treatments to persons in their residences by
appointment.
Section 8.1. Booth Rental Prohibited.--The rental of booth
space by an owner of a cosmetology salon, or the owner of a
salon limited to esthetics, nail technology [or], natural hair
braiding or electrology, to any holder of a license issued under
this act is unlawful.
Section 16. Fees.--(a) The board shall, by regulation, fix
the following fees: (1) for the issuance of a license, with or
without examination, for cosmetology salon owners, teachers,
cosmetologists, nail technicians, nail technology salons,
estheticians, esthetician salons, natural hair braiders, natural
hair braiding salons, electrologists, electrology salons,
students and cosmetology schools;
(1.1) for registration fee for apprentices; and
(2) for biennial renewal of cosmetology salon owners, school
instructors, cosmetologists, nail technicians, estheticians,
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natural hair braiders, electrologists, cosmetology schools, nail
technology salons, esthetician salons [and], natural hair
braiding salons and electrology salons.
* * *
Section 19. Duration and Renewal of Licenses.--* * *
(b) An individual holding a license to practice cosmetology
or an individual holding a limited license who is not engaged in
practice shall request the board, in writing, to place his
license in escrow and thus protect his right to obtain a license
at any such time within a five-year period if he desires to
again become engaged in the practice of cosmetology or the
practice of nail technology, natural hair braiding [or],
esthetics or electrology.
* * *
Section 20. Penalties.--* * *
(c.2) In addition to any other civil remedy or criminal
penalty provided for in this act, the board, by a vote of the
majority of the maximum number of the authorized membership of
the board as provided by this act or by a vote of the majority
of the qualified and confirmed membership or a minimum of five
members, whichever is greater, may levy a civil penalty of up to
one thousand dollars ($1,000.00) on any current licensee who
violates any provisions of this act or on any person who
practices cosmetology, natural hair braiding, nail technology
[or], esthetics or electrology without being properly licensed
to do so under this act. The board shall levy this penalty only
after affording the accused party the opportunity for a hearing,
as provided in Title 2 of the Pennsylvania Consolidated Statutes
(relating to administrative law and procedure).
* * *
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(e) The owner of any salon employing an unlicensed
cosmetologist or an unlicensed natural hair braider, nail
technician [or], esthetician or electrologist shall, upon
conviction, be sentenced to pay a fine not exceeding five
hundred dollars ($500.00), or to undergo imprisonment not
exceeding six (6) months, or both, at the discretion of the
court.
Section 5. The State Board of Cosmetology shall promulgate
regulations required to implement this act within 18 months of
the effective date of this section.
Section 6. This act shall take effect in 60 days.
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