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Senate of Pennsylvania
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: April 8, 2016 03:52 PM
From: Senator Mario M. Scavello
To: All Senate members
Subject: State Board of Cosmetology Consumer Protection Package
 
In the near future, I intend to introduce two bills amending the Cosmetology Law (Act 86 of 1933) to change the composition of the State Board of Cosmetology, to further clarify the issuance of variances by the State Board of Cosmetology, and to further emphasize required Sunshine procedures of the Board.

The first bill will change the composition of the State Board of Cosmetology (Board) from 13 members down to 9 members. The Board will consist of four members appointed by the Governor, four members appointed by the Legislative Caucus Leaders from the House and Senate (one each), and one member appointed by the Speaker of the House.

Currently, there are 13 members of the Board which comprises: the Commissioner of Professional and Occupational Affairs within the Department of State; the Director of the Bureau of Consumer Protection within the Office of Attorney General; three public members appointed by the Governor with the advice and consent of the Senate; and eight professional members (who have had at least five years practical and/or managerial experience in the field of cosmetology and actively engaged in the profession) appointed by the Governor with the advice and consent of the Senate.

The second bill will address the issuance of variances by the Board. This legislation further clarifies what is already in statute regarding, lavatories. In addition, this legislation further provides for the process of the board when deciding on a variance request. And finally, in an effort to address the current lack of transparency, the Board will be required, when issuing variances, to provide a detailed explanation of its decision.

This legislation is necessary as it has been brought to my attention that the State Board of Cosmetology has not been operating in the capacity that it should. There have been concerns raised regarding the Board’s granting of a high volume of variances to local municipal building codes as well as Sunshine Law issues involving executive sessions of the Board. This overhaul of the Board will further enhance oversight of the Board, continued transparency and accountability as well as to provide greater consumer protection.

Please join me in co-sponsoring this important piece of legislation. If you have any questions regarding this legislation, please contact Christine Zubeck in my office at 717-787-6123 or czubeck@pasen.gov. Thank you for your consideration.



Document #1

Introduced as SB1259

Description: State Board of Cosmetology Membership

This legislation will change the composition of the State Board of Cosmetology (Board) from 13 members down to 9 members.  The Board will consist of four members appointed by the Governor, four members appointed by the Legislative Caucus Leaders from the House and Senate (one each), and one member appointed by the Speaker of the House.
 

Document #2

Introduced as SB1260

Description: State Board of Cosmetology and Variances

This legislation will address the issuance of variances by the Board. This legislation further clarifies what is already in statute regarding, lavatories.  In addition, this legislation further provides for the process of the board when deciding on a variance request.  And finally, in an effort to address the current lack of transparency, the Board will be required, when issuing variances, to provide a detailed explanation of its decision.