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07/04/2022 08:44 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=36030
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: July 29, 2021 11:35 AM
From: Representative Natalie Mihalek
To: All House members
Subject: Cosmetology Act
 
Please join me in sponsoring legislation to help assure strong health, safety, financial reporting and consumer standards in Pennsylvania’s many salons and spas. The Pennsylvania Cosmetology Act requires all salons and spas to be licensed and regulated by the PA Department of State and the statute explicitly prohibits “booth rental” In these facilities.
 
This prohibition of booth rental is important because once this rental occurs, the licensed salon or spa loses control and accountability of this part of its facility. However, in recent years there have been some businesses that have ignored this law by claiming they are renting “chairs” or “space” (not booths). This legislation is intended to tighten up existing statute to help protect consumers and to assure the licensed facility is maintaining health, safety, financial accountability, and other standards within all areas of its business.

I have heard from several salons and spas in my district and throughout Pennsylvania who want the industry to be held to the highest standard. They are concerned that booth, chair, and/or space rental can lead to many problems, including:
  • The salon or spa owner can not ensure all health and safety protocols set by the state, CDC, and other entities are followed
  • The salon or spa owner loses ability to assure quality of professional service in their facility
  • It is more challenging for state inspectors to monitor and enforce laws in salons and spas where the lines of ownership are blurred
  • The blurred lines of ownership in the facility also lead to issues with liability, workers compensation, insurance, and other legal issues
  • The renters of a booth, chair, or space are essentially independent contractors and there is no way to assure they are properly claiming wages earned and/or gratuities
I hope you will join me in sponsoring this legislation.