Regular Session 2019-2020 Senate Bill 0291 P.N. 0253

PRINTER'S NO. 253

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

291

Session of

2019

INTRODUCED BY A. WILLIAMS, LANGERHOLC, PHILLIPS-HILL,

HUTCHINSON, SCHWANK AND HAYWOOD, FEBRUARY 14, 2019

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

FEBRUARY 14, 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 of 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 sanitary rules and for fees;

providing for municipal registration, business license and

taxes; further providing for duration and renewal of licenses

and for penalties; and providing for waiver of certain fees,

fines and penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "cosmetology," "limited

license," "natural hair braider" and "natural hair braiding" in

section 1 of the act of May 3, 1933 (P.L.242, No.86), referred

to as the Cosmetology Law, are amended 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:

* * *

"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. The term does not include the practice of natural

hair braiding only.

* * *

"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.

* * *

["Natural hair braider" means an individual licensed by the

State Board of Cosmetology to engage in the practice of natural

hair braiding.]

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"Natural hair braiding" means the practice of utilizing

techniques that result in tension on hair roots of individuals,

such as twisting, wrapping, weaving, extending, beading,

accessorizing, locking or braiding of the hair. The term

includes the use of topical agents available for purchase by the

general public such as conditioners, gels, moisturizers, oils

pomades and shampoos in conjunction with utilizing such

techniques. The term does not include the application of dyes,

reactive chemicals or other preparations to alter the color or

to straighten, curl or alter the structure of hair.

* * *

Section 2. Section 2, 4(c) and (d), 5(b)(3) and (c), 6(b.1)

(2) and (4) and (d), 8(a)(2), 8.1, 14 and 16(a) of the act are

amended to read:

Section 2. Practice without License Prohibited.--(a) 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 for compensation or to use or maintain any

place for the practice of esthetics[, natural hair braiding] or

nail technology for compensation.

(b) A license shall not be required under this act to engage

in the practice of natural hair braiding.

Section 4. Eligibility Requirements for Examination.--* * *

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teach cosmetology [or natural hair braiding], nail technology or

esthetics 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 shall be

permitted to take a written examination upon completion 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 5. Limited Licenses.--* * *

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

qualified applicants:

* * *

[(3) (i) Natural hair braiding license, which shall

authorize the holder to engage in the practice of natural hair

braiding only. An applicant for a natural hair braiding license

shall have completed three hundred hours of board-approved

subjects relating to sanitation, scalp care, anatomy and natural

hair braiding in a cosmetology school and passed an examination

limited to that practice. Licensed natural hair braiders may

operate a salon limited to that license. An applicant may be

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permitted to take a written examination upon completion of at

least two hundred fifty hours of instruction in natural hair

braiding 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 three hundred hours of board-approved

subjects, and (C) certification by a duly licensed school of

satisfactory completion of all program requirements.

(ii) The requirements of paragraph (3)(i) shall not apply

and a license to practice natural hair braiding 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 natural hair

braiding 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

subsection.

under subsection (b)(3)(ii), the licensee shall provide the

board with proof that the licensee completed one hundred fifty

hours of education from a school of cosmetology as a condition

of renewal of the license. The courses shall include, at a

minimum, scalp care, hygiene and occupational safety.]

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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:

* * *

(2) Practical demonstrations and theoretical studies, and

study in sanitation, sterilization and the use of antiseptics,

cosmetics and electrical appliances consistent with the

practical and theoretical requirements as applicable to

cosmetology, nail technology[, natural hair braiding] or

esthetics or any act or practice comprising cosmetology, nail

technology[, natural hair braiding] or esthetics.

* * *

(4) A separate curriculum of five hundred hours for

individuals seeking to become teachers of cosmetology[,] or nail

technology [or natural hair braiding]. 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 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

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(3) for esthetics, students shall be required to complete a

course of study of three hundred hours.

Section 8. Practice in Licensed Salons Only.--(a) Except as

set forth in subsection (b), it shall be unlawful for any

person:

* * *

(2) to practice esthetics[,] or nail technology [or natural

hair braiding] for pay in any place other than a licensed

cosmetology salon or a salon limited to esthetics[,] or nail

technology [or natural hair braiding].

* * *

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[,] or nail technology [or natural

hair braiding], to any holder of a license issued under this act

is unlawful.

Section 14. Sanitary Rules.--(a) The board shall prescribe

such sanitary rules as it may deem necessary, with particular

reference to the precautions necessary to be employed to prevent

the creating and spreading of infectious and contagious

diseases; and it shall be unlawful for the owner of any salon or

school of cosmetology to permit any person to sleep in or use

for residential purposes any room used wholly or in part as a

salon or school of cosmetology.

(b) The board, in consultation with the Department of

Health, shall develop and promulgate via a publicly accessible

Internet website, a training video and written materials

providing information on standard sanitary practices. The

training shall consist of information about infection control

techniques and diseases of the scalp that are appropriate for

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hair braiding in or outside of a salon setting and other

information the department determines relevant. This training

material shall be available in English, Spanish, French and

other languages as determined necessary by the board.

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,] 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,

[natural hair braiders,] cosmetology schools, nail technology

salons[,] and esthetician salons [and natural hair braiding

salons].

* * *

Section 3. The act is amended by adding a section to read:

Section 16.1. Municipal Registration, Business License and

Taxes.--Nothing in this chapter shall be construed to exempt the

practice of natural hair braiding or operating a natural hair

braiding salon from the requirements, as allowed for under 11

Pa.C.S. § 12601 (relating to licensing and regulatory powers),

of (1) a city ordinance that requires a general business

registration including a commercial activity license or similar

general business registration; and (2) any other law relating to

the payment of taxes on business income and receipts.

Section 4. Sections 19(b) and 20(c.2) and (e) of the act are

amended to read:

Section 19. Duration and Renewal of Licenses.--* * *

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(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.

* * *

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 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).

* * *

(e) The owner of any salon employing an unlicensed

cosmetologist or an unlicensed [natural hair braider,] nail

technician or esthetician 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,

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at the discretion of the court.

Section 5. The act is amended by adding a section to read:

Section 20.1. Waiver of Certain Fees, Fines and Penalties.--

(a) All fees, fines or penalties imposed prior to the effective

date of this section with respect to the regulation of natural

hair braiding, by the Commonwealth, a county or a municipality,

or by any department, division, bureau, board, council, agency

or authority of the Commonwealth, a county or municipality, on a

person who engages in the practice of hair braiding for the

general public or the owner of an establishment in which a

person or persons engage in the practice of natural hair

braiding, shall be waived as of the effective date of this

section.

(b) Nothing in this section shall be construed as providing

a person who engages in the practice of hair braiding for the

general public or an owner of an establishment in which a person

or persons engage in the practice of hair braiding for the

general public with the right to a refund of the amount of any

fees, fines or penalties paid, prior to the effective date of

this section by the person or owner to the Commonwealth, county

or municipality with respect to the regulation of natural hair

braiding by the Commonwealth or any county or municipality.

Section 6. This act shall take effect in 60 days.

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