| PRINTER'S NO. 3490 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 2225 | Session of 2014 |
INTRODUCED BY SCAVELLO, GOODMAN, TOBASH, STURLA, GILLESPIE, MURT, KILLION, BARRAR, CUTLER, KNOWLES, ROZZI, ADOLPH, FEE, READSHAW, HACKETT, M. K. KELLER, AUMENT AND C. HARRIS, MAY 1, 2014
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 1, 2014
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 eligibility requirements
12for examination and for limited licenses.
13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:
15Section 1. Sections 4 and 5 of the act of May 3, 1933
16(P.L.242, No.86), referred to as the Cosmetology Law, amended
17October 24, 2012 (P.L.1290, No.161), are amended to read:
18Section 4. Eligibility Requirements for Examination.--(a)
19No person shall be permitted by the board [to take an
20examination] to receive a license as a cosmetologist unless such
21person (1) shall be at least sixteen years of age and of good
22moral character at the time of making application, and (2) shall
1have completed a tenth grade education or the equivalent
2thereof, or in lieu of such education or the equivalent thereof
3shall have received training from or under the auspices of the
4Bureau of Rehabilitation in the Department of Labor and
5Industry, and (3) shall have either (i) completed not less than
6one thousand two hundred fifty hours as a student in a duly
7registered school of cosmetology as hereinafter provided in this
8act, or (ii) shall have been registered and served as an
9apprentice at least two thousand hours in a licensed cosmetology
10salon as hereinafter provided in this act. The application shall
11be accompanied by a notarized statement from either the licensed
12cosmetology school the applicant attended or the licensed
13cosmetology teacher in the licensed cosmetology salon where the
14applicant studied and trained, stating that the applicant has
15completed the study and training period required under this act.
16(b) An applicant wishing to obtain licensure in the practice
17of cosmetology may be permitted to apply to take the written
18examination upon completion of at least nine hundred hours of
19instruction in a duly licensed 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 one thousand two
24hundred fifty hours of instruction, and (3) certification by a
25duly licensed school of satisfactory completion of all program
26requirements.
27(c) No person shall be permitted [to take an examination
28for] to receive a license to teach cosmetology or natural hair
29braiding, nail technology or esthetics unless such person shall
30have a license to practice cosmetology or a limited license, be
1at least eighteen years of age, shall have completed a twelfth
2grade education or the equivalent thereof and have had five
3hundred hours of specialized training as set forth in section 6
4of this act which hours shall be in addition to the hours
5necessary to qualify for a license to practice cosmetology or a
6limited license.
7(d) An applicant for a license to teach cosmetology, natural
8hair braiding, nail technology or esthetics shall be permitted
9to take [the theoretical part of the] a written examination upon
10completion of at least four hundred hours of the specialized
11training required. [Notwithstanding clause (3)(i), an applicant
12shall be permitted to take the theoretical part of the
13examination upon completion of at least nine hundred hours of
14instruction in a duly registered school of cosmetology.] The
15examination shall include both theoretical and procedural skill
16questions as prescribed by the board. Any applicant may apply
17and is eligible for licensure upon (1) passing the written
18examination, (2) completion of the required five hundred hours
19of instruction, and (3) certification by a duly licensed school
20of satisfactory completion of all program requirements.
21Section 5. Limited Licenses.--(a) An applicant for a
22limited license shall be at least sixteen years of age, be of
23good moral character, have completed a tenth grade education or
24the equivalent thereof and pay the applicable fee to the board.
25(b) The board shall issue the following limited licenses to
26qualified applicants:
27(1) Esthetician license, which shall authorize the holder to
28engage in the practice of esthetics only. An applicant for an
29esthetician license shall have completed three hundred hours of
30instruction in esthetics in a licensed school of cosmetology and
1passed an examination limited to that practice. Licensed
2estheticians may operate a salon limited to that license. An
3applicant [shall] may be permitted to apply to take [the
4theoretical part of the] a written examination upon completion
5of at least two hundred fifty hours of instruction in esthetics
6in a licensed school of cosmetology. The examination shall
7include both theoretical and procedural skill questions as
8prescribed by the board. Any applicant may apply and is eligible
9for licensure upon (i) passing the written examination, (ii)
10completion of the required three hundred hours of instruction,
11and (iii) certification by a duly licensed school of
12satisfactory completion of all program requirements.
13(2) Nail technician license, which shall authorize the
14holder to engage in the practice of nail technology only. An
15applicant for a nail technician license shall have completed two
16hundred hours of instruction in nail technology in a licensed
17school of cosmetology and passed an examination limited to that
18practice. Licensed nail technicians may operate a salon limited
19to that license. An applicant [shall] may be permitted to take
20[the theoretical part of the] a written examination upon
21completion of at least one hundred fifty hours of instruction in
22nail technology in a licensed school of cosmetology. The
23examination shall include both theoretical and procedural skill
24questions as prescribed by the board. Any applicant may apply
25and is eligible for licensure upon (i) passing the written
26examination, (ii) completion of the required two hundred hours
27of instruction, and (iii) certification by a duly licensed
28school of satisfactory completion of all program requirements.
29(3) (i) Natural hair braiding license, which shall
30authorize the holder to engage in the practice of natural hair
1braiding only. An applicant for a natural hair braiding license
2shall have completed three hundred hours of board-approved
3subjects relating to sanitation, scalp care, anatomy and natural
4hair braiding in a cosmetology school and passed an examination
5limited to that practice. Licensed natural hair braiders may
6operate a salon limited to that license. An applicant [shall]
7may be permitted to take [the theoretical part of the] a written
8examination upon completion of at least two hundred fifty hours
9of instruction in natural hair braiding in a licensed school of
10cosmetology. The examination shall include both theoretical and
11procedural skill questions as prescribed by the board. Any
12applicant may apply and is eligible for licensure upon (A)
13passing the written examination, (B) completion of the required
14three hundred hours of board-approved subjects, and (C)
15certification by a duly licensed school of satisfactory
16completion of all program requirements.
17(ii) The requirements of paragraph (3)(i) shall not apply
18and a license to practice natural hair braiding shall be issued
19to an applicant who:
20(A) has submitted an application, along with the required
21fee, within one year of the board's promulgation of final
22regulations required under this section; and
23(B) can demonstrate proof of practice of natural hair
24braiding for three consecutive years immediately prior to the
25date of application for licensure. Proof of practice shall
26require tax records of employment and an affidavit from the
27applicant and the applicant's immediate supervisor where
28applicable. The board shall accept the information provided
29without penalty to the applicant for failure to comply with
30licensing provisions prior to the effective date of this
1subsection.
2(c) Within two years of the initial issuance of a license
3under subsection (b)(3)(ii), the licensee shall provide the
4board with proof that the licensee completed one hundred fifty
5hours of education from a school of cosmetology as a condition
6of renewal of the license. The courses shall include, at a
7minimum, scalp care, hygiene and occupational safety.
8Section 2. This act shall take effect in 60 days.