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A03107
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1820
Session of
2023
INTRODUCED BY BULLOCK, YOUNG, KAZEEM, McANDREW, HOHENSTEIN,
PROBST, KINSEY, HANBIDGE, BERNSTINE, MADDEN, KHAN,
SCHLOSSBERG, SANCHEZ, CEPEDA-FREYTIZ, HILL-EVANS, DALEY,
KRAJEWSKI, HADDOCK, SHUSTERMAN, GREEN, CURRY AND CERRATO,
NOVEMBER 8, 2023
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
NOVEMBER 8, 2023
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 fees, for duration and
renewal of licenses and for 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 and the section is
amended by adding a definition to read:
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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.
* * *
"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, locking or
braiding of the hair. 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.]
* * *
"Threading" means removing hair from the eyebrows, upper lip
or other body part by using a cotton thread to pull hair from
follicles. The term includes the use of over-the-counter
astringents, gels, powders, tweezers or scissors incidental to
threading . The term is distinct from the practice of cosmetology
and esthetics .
Section 2. Sections 2(2) 2, 4(c) and (d), 5(b)(3) and (c),
6(b.1)(2) and (4) and (d), 8(a), 8.1, 16(a), 19(b) and 20(c.2)
and (e) 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) An individual engaged solely in the practice of
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threading is exempt from this act.
(c) A facility where an individual provides a service under
subsection (b) and no other service requiring a license under
this act is exempt from cosmetology and esthetics salon license
requirements.
(d) An individual who is exempt from this act under
subsection (b) shall be permitted to provide a service under
subsection (b) and no other service requiring a license under
this act in a licensed cosmetology salon or licensed esthetics
salon.
Section 4. Eligibility Requirements for Examination.--* * *
(c) No person shall be permitted to receive a license to
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.
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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
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
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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.
(c) Within two years of the initial issuance of a license
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.]
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
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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
(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:
(1) to practice cosmetology for pay in any place other than
a licensed cosmetology salon or barber shop as defined in the
act of June 19, 1931 (P.L.589, No.202), referred to as the
Barbers' License Law; or
(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
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is unlawful.
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 19. Duration and Renewal of Licenses.--* * *
(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
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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,
at the discretion of the court.
Section 3. This act shall take effect in 60 days.
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