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 eligibility requirements 
12for examination and for limited licenses; and providing for
13practice of massage therapy in cosmetology salon or
14esthetician salon.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

<-17Section 1. The act of May 3, 1933 (P.L.242, No.86), referred
18to as the Cosmetology Law, is amended by adding a section to
19read:

<-20Section 1. Sections 4 and 5 of the act of May 3, 1933
21(P.L.242, No.86), referred to as the Cosmetology Law, amended
22October 24, 2012 (P.L.1290, No.161), are amended to read:

1Section 4. Eligibility Requirements for Examination.--(a)
2No person shall be permitted by the board [to take an
3examination] to receive a license as a cosmetologist unless such
4person (1) shall be at least sixteen years of age and of good
5moral character at the time of making application, and (2) shall
6have completed a tenth grade education or the equivalent
7thereof, or in lieu of such education or the equivalent thereof
8shall have received training from or under the auspices of the
9Bureau of Rehabilitation in the Department of Labor and
10Industry, and (3) shall have either (i) completed not less than
11one thousand two hundred fifty hours as a student in a duly
12registered school of cosmetology as hereinafter provided in this
13act, or (ii) shall have been registered and served as an
14apprentice at least two thousand hours in a licensed cosmetology
15salon as hereinafter provided in this act. The application shall
16be accompanied by a notarized statement from either the licensed
17cosmetology school the applicant attended or the licensed
18cosmetology teacher in the licensed cosmetology salon where the
19applicant studied and trained, stating that the applicant has
20completed the study and training period required under this act.

21(b) An applicant wishing to obtain licensure in the practice
22of cosmetology may be permitted to apply to take the written
23examination upon completion of at least nine hundred hours of
24instruction in a duly licensed school of cosmetology. The
25examination shall include both theoretical and procedural skill
26questions as prescribed by the board. Any applicant may apply
27and is eligible for licensure upon (1) passing the written
28examination, (2) completion of the required one thousand two
29hundred fifty hours of instruction, and (3) certification by a
30duly licensed school of satisfactory completion of all program

1requirements.

2(c) No person shall be permitted [to take an examination
3for] to receive a license to teach cosmetology or natural hair
4braiding, nail technology or esthetics unless such person shall
5have a license to practice cosmetology or a limited license, be
6at least eighteen years of age, shall have completed a twelfth
7grade education or the equivalent thereof and have had five
8hundred hours of specialized training as set forth in section 6
9of this act which hours shall be in addition to the hours
10necessary to qualify for a license to practice cosmetology or a
11limited license.

12(d)  An applicant for a license to teach cosmetology, natural 
13hair braiding, nail technology or esthetics shall be permitted 
14to take [the theoretical part of the] a written examination upon 
15completion of at least four hundred hours of the specialized 
16training required. [Notwithstanding clause (3)(i), an applicant 
17shall be permitted to take the theoretical part of the 
18examination upon completion of at least nine hundred hours of 
19instruction in a duly registered school of cosmetology.] The 
20examination shall include both theoretical and procedural skill 
21questions as prescribed by the board. Any applicant may apply 
22and is eligible for licensure upon (1) passing the written 
23examination, (2) completion of the required five hundred hours 
24of instruction, and (3) certification by a duly licensed school 
25of satisfactory completion of all program requirements.

26Section 5. Limited Licenses.--(a) An applicant for a
27limited license shall be at least sixteen years of age, be of
28good moral character, have completed a tenth grade education or
29the equivalent thereof and pay the applicable fee to the board.

30(b) The board shall issue the following limited licenses to

1qualified applicants:

2(1) Esthetician license, which shall authorize the holder to
3engage in the practice of esthetics only. An applicant for an
4esthetician license shall have completed three hundred hours of
5instruction in esthetics in a licensed school of cosmetology and
6passed an examination limited to that practice. Licensed
7estheticians may operate a salon limited to that license. An 
8applicant [shall] may be permitted to apply to take [the 
9theoretical part of the] a written examination upon completion 
10of at least two hundred fifty hours of instruction in esthetics 
11in a licensed school of cosmetology. The examination shall 
12include both theoretical and procedural skill questions as 
13prescribed by the board. Any applicant may apply and is eligible 
14for licensure upon (i) passing the written examination, (ii) 
15completion of the required three hundred hours of instruction, 
16and (iii) certification by a duly licensed school of 
17satisfactory completion of all program requirements.

18(2) Nail technician license, which shall authorize the
19holder to engage in the practice of nail technology only. An
20applicant for a nail technician license shall have completed two
21hundred hours of instruction in nail technology in a licensed
22school of cosmetology and passed an examination limited to that
23practice. Licensed nail technicians may operate a salon limited
24to that license. An applicant [shall] may be permitted to take 
25[the theoretical part of the] a written examination upon 
26completion of at least one hundred fifty hours of instruction in 
27nail technology in a licensed school of cosmetology. The 
28examination shall include both theoretical and procedural skill 
29questions as prescribed by the board. Any applicant may apply 
30and is eligible for licensure upon (i) passing the written
 

1examination, (ii) completion of the required two hundred hours 
2of instruction, and (iii) certification by a duly licensed 
3school of satisfactory completion of all program requirements.

4(3) (i) Natural hair braiding license, which shall
5authorize the holder to engage in the practice of natural hair
6braiding only. An applicant for a natural hair braiding license
7shall have completed three hundred hours of board-approved
8subjects relating to sanitation, scalp care, anatomy and natural
9hair braiding in a cosmetology school and passed an examination
10limited to that practice. Licensed natural hair braiders may
11operate a salon limited to that license. An applicant [shall] 
12may be permitted to take [the theoretical part of the] a written
13examination upon completion of at least two hundred fifty hours 
14of instruction in natural hair braiding in a licensed school of 
15cosmetology. The examination shall include both theoretical and 
16procedural skill questions as prescribed by the board. Any 
17applicant may apply and is eligible for licensure upon (A) 
18passing the written examination, (B) completion of the required 
19three hundred hours of board-approved subjects, and (C) 
20certification by a duly licensed school of satisfactory 
21completion of all program requirements.

22(ii) The requirements of paragraph (3)(i) shall not apply
23and a license to practice natural hair braiding shall be issued
24to an applicant who:

25(A) has submitted an application, along with the required
26fee, within one year of the board's promulgation of final
27regulations required under this section; and

28(B) can demonstrate proof of practice of natural hair
29braiding for three consecutive years immediately prior to the
30date of application for licensure. Proof of practice shall

1require tax records of employment and an affidavit from the
2applicant and the applicant's immediate supervisor where
3applicable. The board shall accept the information provided
4without penalty to the applicant for failure to comply with
5licensing provisions prior to the effective date of this
6subsection.

7(c) Within two years of the initial issuance of a license
8under subsection (b)(3)(ii), the licensee shall provide the
9board with proof that the licensee completed one hundred fifty
10hours of education from a school of cosmetology as a condition
11of renewal of the license. The courses shall include, at a
12minimum, scalp care, hygiene and occupational safety.

13Section 2. The act is amended by adding a section to read:

14Section 9.3.  Practice of Massage Therapy in Cosmetology
15Salon or Esthetician Salon.--(a) An individual licensed under
16the act of October 9, 2008 (P.L.1438, No.118), known as the
17"Massage Therapy Law," shall be permitted to practice massage
18therapy within the approved premises of a licensed cosmetology
19salon or a licensed esthetician salon if the following
20conditions are met:

21(1) The massage therapy licensee is <-the owner of or employed
22by the salon and is not an independent contractor.

23(2) The massage therapist practices in accordance with this
24act and the Massage Therapy Law.

25(3) The salon owner provides an appropriate level of privacy
26for clients in accordance with the following:

27(i) No physical barriers separating the areas used for
28massage therapy from the areas used for cosmetology or esthetics
29shall be required when a massage therapist performs massage
30services that a cosmetologist or esthetician is authorized to

1perform.

2(ii) A salon owner shall be required to provide separate
3massage therapy rooms with permanent walls and doors to ensure
4privacy for clients receiving massage services from a massage
5therapist when the services are beyond the practice of
6cosmetology or esthetics.

7(iii) In order to enhance client comfort, esthetician
8services may be provided to a client in the same room where the
9client receives massage therapy, provided these services are not
10performed concurrently.

11(b) A licensee under this section is subject to inspection
12by the board and the State Board of Massage Therapy.

13(c) A licensee under this section who violates this act or
14the Massage Therapy law shall be subject to discipline by the
15licensee's applicable licensing board.

16(d) Within 18 months of the effective date of this section,
17the State Board of Cosmetology and the State Board of Massage
18Therapy shall jointly promulgate final regulations to carry out
19the provisions of this section.

20Section <-2 3. This act shall take effect in 60 days.