NIC
INC.
National Interstate Council of
State Boards of Cosmetology, Inc.
Founders of National Testing
LEGISLATIVE REPORT 2009
Annual Conference
September 26 – 28
Myrtle Beach, South Carolina
Aurie Gosnell
Founder
Legislative Committee Members:
Betty Leake, Chair
Jan Sanko, Co-Chair
Becky Brockmann
Dorothy Ennis
Freda Poe
1
The Legislative Committee report is intended for informational
purposes only. This document is not intended to be used as a
legal document.
The following is based upon the information received from the
States as requested by the NIC Legislative Committee. In an
effort to reproduce the information received and present it to you
in a useful manner, interpretation errors or typographical errors
may have inadvertently occurred. We apologize in advance to
any State whose information has been misinterpreted in any
way.
The Legislative committee members and NIC, I would like to
thank all of the States who responded to our request.
Sincerely,
Betty J. Leake
NIC Legislative Committee Chair,
Committee Members: Jan Sanko, Co-Chair
Becky Brockmann
Dorothy Ennis
Freda Poe
2
ALABAMA
No legislative changes at this time.
ALASKA
No legislative changes at this time.
3
ARIZONA
No legislative changes at this time.
ARKANSAS
Stricken language would be deleted from and underlined language would be added to the
law as it existed
prior to this session of the General Assembly.
Act 4 of the Regular Session
*KLL078* 01-09-2009 13:32 KLL078
1 State of Arkansas
2 87th General Assembly A Bill
3 Regular Session, 2009 SENATE BILL 39
4
5 By: Senator Faris
6 By: Representative Dunn
7
8
9 For An Act To Be Entitled
10 AN ACT TO CREATE THE COSMETOLOGY TECHNICAL
11 ADVISORY COMMITTEE; AND FOR OTHER PURPOSES.
12
13
4
Subtitle
14 AN ACT TO CREATE THE COSMETOLOGY
15 TECHNICAL ADVISORY COMMITTEE.
16
17
18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
19
20 SECTION 1. Legislative intent.
21 (a) The General Assembly declares that this act is necessary to:
22 (1) Improve the health of the citizens of Arkansas in an
23 effective and efficient manner; and
24 (2) Provide for effective administration of the delivery of
25 cosmetology-related programs.
26 (b) It is the intent of the General Assembly to provide for an orderly
27 transfer of powers, authorities, duties, and functions of the State Board of
28 Cosmetology to the State Board of Health and the Department of Health with a
29 minimum disruption of government services and functions and with a minimum
30 expense.
31
32 SECTION 2. TEMPORARY LANGUAGE. DO NOT CODIFY.
33 (a)(1) Effective July 1, 2009, the State Board of Cosmetology is
34 abolished and transferred to the State Board of Health and the Department of
35 Health by a type 3 transfer pursuant to § 25-2-106.
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(1 2) As used in this act, the Department of Health shall be
2 considered a principal department established by Acts 1971, No. 38, § 11.
3 (b)(1) All authority, powers, duties, and functions as established by
4 law for the State Board of Cosmetology, including all purchasing, budgeting,
5 fiscal, accounting, human resources, payroll, legal, information systems,
6 maintenance, program support, administrative support, and other management
7 functions are transferred to the State Board of Health and the Department of
8 Health, except as specified in this act.
9 (2) All records, personnel, property, unexpended balances of
10 appropriations, allocations, or other funds are transferred to the Department
11 of Health. All funds shall be deposited into the Public Health Fund.
12 (3) All powers, duties, and functions, including without
13 limitation rulemaking, regulation, and licensing, promulgation of rules,
5
14 rates, regulations, and standards, and the rendering of findings, orders, and
15 adjudications as established by law for the State Board of Cosmetology are
16 transferred to the State Board of Health, except as specified in this act.
17 (c) The Arkansas Code Revision Commission shall replace “State Board
18 of Cosmetology” in the Arkansas Code with “State Board of Health”, except as
19 specified in this act.
20
21 SECTION 3. Arkansas Code Title 17, Chapter 26, Subchapter 2 is amended
22 to read as follows:
23 17-26-201. Creation — Members.
24 (a) There is created the State Board of Cosmetology
25 Technical Advisory Committee.
26 (b)(1) The board committee shall consist of ten (10) five (5) members
27 appointed by the Governor State Board of Health to five-year two-year terms.
28 (2) Terms shall be staggered annually on January 15 and shall be
29 determined by lot. A member may be removed from the committee by the board
30 for cause.
31 (3) A member may serve two (2) nonconsecutive terms.
32 (4)(3) No A member shall not serve more than ten (10) years on
33 the board committee.
34 (c) The board committee shall be composed of the following
35 representatives from within the cosmetology industry who are of good moral
36 character and who are at least twenty-five (25) years of age:
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(1) Four 1 (4) members One (1) member shall be a licensed
2 cosmetologists cosmetologist actively engaged in practicing the art of
3 cosmetology for at least five (5) years at the time of appointment;
4 (2) One (1) member shall be a licensed nail technician;
5 (3) Two (2) members One (1) member shall be owners an owner of a
6 licensed school of cosmetology or shall be a director of cosmetology at a
7 state-supported school; and
8 (4) One (1) member shall be a director of cosmetology at a
9 state-supported school who is also a licensed instructor; and
10 (5)(4) One (1) member shall be a licensed aesthetician.
11 (d) One (1) member of the board committee shall be a consumer
12 representative who is at least sixty (60) years of age and who is not
6
13 actively engaged in or retired from the cosmetology industry.
14 (e)(1) No A member of the board committee shall not be directly or
15 indirectly connected with the wholesale business of the manufacture, rental,
16 sale, or distribution of cosmetological appliances or supplies.
17 (2) No member of the board committee shall have a contract or a
18 pending bid for a contract with the board Department of Health concerning
19 cosmetology.
20 (f) Not more than Only three (3) two (2) members of the board
21 committee may be appointed from any one (1) congressional district. The
22 consumer representative may be appointed from the state at large.
23 (g) Vacancies occurring during a term shall be filled for the
24 unexpired term.
25 (h) Before entering upon the discharge of his or her duties, each
26 member shall make and file with the Secretary of State the oath of office
27 prescribed by Arkansas Constitution, Article 19, § 20.
28 (i) Each member of the board committee may receive expense
29 reimbursement and stipends in accordance with § 25-16-901 et seq. All
30 compensation and necessary traveling expenses shall be paid by the board out
31 of the Cosmetology Operating Fund only.
32 (j) The State Board of Health shall promulgate by rule the duties and
33 powers of the committee.
34
35 17-26-202. Officers.
36 (a) The members of the State Board of Cosmetology shall annually elect
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from among 1 their number, a president, first vice president, second vice
2 president, secretary, and treasurer.
3 (b) The board shall by regulation prescribe the duties of these
4 officers.
5
6 17-26-203. Director.
7 (a) The State Board of Cosmetology shall appoint a Director of
8 Cosmetology with secretarial qualifications, who shall not be a member of the
9 board and who shall have had at least five (5) years' experience in
10 secretarial and administrative employment in this state immediately prior to
11 appointment.
12 (b) Immediately upon assuming the duties of his or her office, the
7
13 director shall give bond to the board in the amount of five thousand dollars
14 ($5,000), with good and sufficient sureties, approved by the board and
15 conditioned upon the faithful performance of all duties required or which may
16 be required of him or her by law or the regulations of the board.
17
18 17-26-204. Inspectors and professional employees.
19 (a) The State Board of Cosmetology, in accordance with this chapter,
20 Department of Health may employ inspectors and professional employees and fix
21 their compensation, which compensation and all reasonable expenses incurred
22 shall be paid from the Cosmetology Operating Fund only Public Health Fund
23 from fees generated by the program.
24 (b) Immediately upon assuming their duties, all inspectors shall give
25 bond to the board in the amount of one thousand dollars ($1,000) with good
26 and sufficient sureties approved by the board and conditioned upon the
27 faithful performance of all duties required or that may be required by law or
28 the regulations of the board.
29 (c) All inspectors shall have had five (5) years' experience in the
30 licensed practice of cosmetology.
31
32 17-26-205. Powers and duties.
33 (a) In addition to the other duties set forth in this chapter, the
34 State Board of Cosmetology Department of Health shall:
35 (1) Prescribe the duties of its the department’s employees with
36 all day-to-day and employment decisions to be made by the Director of
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1 Cosmetology;
2 (2) Establish a principal office in Pulaski County where all
3 records of its proceedings and other records and files of the board shall be
4 kept and which shall, at all reasonable hours, be open to public inspection;
5 (3) Adopt a seal;
6 (4)(2) Hold examinations as to the qualifications of all
7 applicants for registration whose applications have been submitted to it in
8 proper form, unless otherwise provided;
9 (5)(3) Issue permits and licenses to such the applicants as may
10 be who are entitled thereto;
11 (6)(4) Register cosmetological establishments and schools of
12 cosmetology;
8
13 (7) At each regular meeting, approve disbursement of all funds;
14 (8) Report to the proper officials all known violations of this
15 chapter; and
16 (9)(5) Adopt reasonable Implement the State Board of Health’s
17 rules and regulations:
18 (A) For carrying out the provisions of this chapter;
19 (B) For conducting examinations of applicants for
20 licensing;
21 (C) For governing the recognition and the credits to be
22 given to the study of cosmetology or any of its branches, under a
23 cosmetologist or in a school of cosmetology, licensed under the laws of
24 another state; and
25 (D) For governing health and safety, as it deems considers
26 necessary, in regard to the precautions to be employed to prevent the
27 creating or spreading of infections or contagious diseases in cosmetological
28 establishments, in schools of cosmetology, and in the practice of a
29 cosmetologist and in any branch of cosmetology, provided the rules and
30 regulations meet the minimum requirements of the law and rules and
31 regulations of the State Board of Health. A copy of all rules governing
32 health and safety shall be furnished made available to each licensee. The
33 rules and regulations adopted under this subsection shall have the force and
34 effect of law.
35 (b) In addition to the powers conveyed upon the board department by
36 this chapter, it the department is empowered to may enforce the provisions of
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this chapter or any reasonable 1 rule or regulation adopted by it the board
2 through injunctive process.
3 (c) The board department may incur reasonable expenses and perform
4 such other acts as may be necessary to carry out its duties and functions and
5 to administer this chapter.
6
7 17-26-206. Meetings — Examinations.
8 (a) The State Board of Cosmetology inspectors Department of Health or
9 a private testing entity shall administer licensing examinations for eligible
10 applicants on a monthly basis.
11 (b) No A member of the board Cosmetology Technical Advisory Committee
12 shall not be permitted to participate in or have the powers and duties that
13 are related to the preparation of examinations nor shall or be permitted to
14 give or grade the examinations of applicants for licensing.
9
15
16 17-26-207. Registration record.
17 The State Board of Cosmetology Department of Health shall keep a
18 registration record containing the names, known places of business, and the
19 date and number of the license of every licensed cosmetologist and of those
20 engaged in the practice of any branch of cosmetology, together with the names
21 and addresses of all cosmetological establishments and schools of cosmetology
22 registered under this chapter. This record shall also contain such facts as
23 the applicants may have stated in their applications for examination for
24 permitting and licensing.
25
26 17-26-208. Investigations, hearings, or inspections.
27 (a) The State Board of Cosmetology Department of Health shall conduct
28 investigations and inspections as promulgated by rule.
29 (b)(1) Hearings conducted by the Cosmetology Technical Advisory
30 Committee may be held bimonthly for review of cases for which disciplinary
31 action may be required.
32 (2)(A) Except as provided in subdivision (b)(2)(B) of this
33 section, a hearing attended by two (2) or more members of the board committee
34 is a meeting.
35 (B) A final order shall not be imposed by fewer than five
36 (5) three (3) members.
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(1 C) A final order imposed by the committee may be appealed
2 to the State Board of Health within thirty (30) days of its receipt.
3
4 17-26-209. Fees — Method of payment.
5 (a) The State Board of Cosmetology State Board of Health shall
6 promulgate a fee schedule by rule and collect fees accordingly.
7 (b) In addition to any other method of payment acceptable to the board
8 Department of Health, the board department shall accept personal or business
9 checks drawn on deposit accounts in financial institutions as payment for
10 fees collected by the board department.
11
12 17-26-210. Disposition of funds.
13 (a) All fees, fines, and penalties collected under this chapter and on
14 behalf of the State Board of Cosmetology State Board of Health and all
15 receipts of every kind and nature collected under this chapter shall be paid
16 into the State Treasury and shall be credited to the Cosmetology Operating
10
17 Fund Public Health Fund.
18 (b)(1) The fund shall be for the general uses of the board and out of
19 it shall be paid all salaries and all other expenses necessarily incurred in
20 carrying into effect the provisions of this chapter. The fees, fines,
21 penalties, and receipts shall be for the general uses of the Department of
22 Health.
23 (2) Salaries and other expenses necessarily incurred in carrying
24 into effect the provisions of this chapter and other programs administered by
25 the department shall be paid from the fees, fines, penalties, and receipts.
26 (c) Expenditures from the fund shall be substantiated by vouchers and
27 itemized statements at the end of each fiscal year or at any other time when
28 demand therefor is made by the Department of Finance and Administration.
29
30 SECTION 4. Arkansas Code § 17-26-302 is amended to read as follows:
31 17-26-302. Application for examination and license.
32 (a) Every Each application for admission to examination and every each
33 application for a license as a cosmetologist or any branch of cosmetology
34 shall be in writing on blanks prepared and furnished by the State Board of
35 Cosmetology Department of Health.
36 (b) Each application shall be accompanied by the required fee and
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shall contain proof o 1 f the qualifications of the applicant for examination
2 for registration and license.
3 (c) The application shall be verified by the oath of the applicant.
4
5 SECTION 5. Arkansas Code § 17-26-304 is amended to read as follows:
6 17-26-304. Prerequisites to examination for a cosmetologist,
7 manicurist, or aesthetician.
8 At any meeting of the State Board of Cosmetology held for the purpose
9 of conducting examination, the board The Department of Health shall admit to
10 examination for a license as a cosmetologist, manicurist, or aesthetician any
11 a person who has made application to the board department in proper form, has
12 paid the fee required, and who:
13 (1) Is not less than sixteen (16) years of age;
11
14 (2) Has completed two (2) years of high school in the public
15 schools of this state or its equivalent; and
16 (3) Has completed one (1) of the following:
17 (A) For a cosmetologist, training of at least one thousand
18 five hundred (1,500) hours;
19 (B) For a manicurist, training of at least six hundred
20 (600) hours;
21 (C) For an aesthetician, training of at least six hundred
22 (600) hours; or
23 (D) The prescribed course of study in cosmetology under
24 the laws of another state whose licensing requirements are equal to or
25 stricter than those in Arkansas.
26
27 SECTION 6. Arkansas Code § 17-26-306 is amended to read as follows:
28 17-26-306. Electrologists — Prerequisites to examination.
29 The State Board of Cosmetology Department of Health shall admit to
30 examination for a license as an electrologist any a person who has made
31 application to the board in proper form, has paid the fee required, and who:
32 (1) Is not less than eighteen (18) years of age;
33 (2) Has completed the twelfth grade or an accredited senior high
34 school in the public schools of this state or its equivalent; and
35 (3) Has completed any one (1) of the following:
36 (A) A course of three hundred fifty (350) hours' hours of
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practical t 1 raining as a student in conjunction with a course of fifteen
2 hundred (1500) hours in cosmetology or for a licensed cosmetologist;
3 (B) A course of six hundred (600) hours' hours of
4 practical training as a student, when not in conjunction with a regular
5 course in cosmetology or for a licensed cosmetologist, extending over a
6 period of not less than four (4) months under the immediate supervision of a
7 licensed electrologist instructor in a school of cosmetology;
8 (C) The prescribed course of study in electrology under
9 the laws of another state whose licensing requirements are equal to or
10 stricter than those in Arkansas; or
11 (D) Training and practice in electrology for such a period
12 as shall be specified by rules of the board State Board of Health.
13
12
14 SECTION 7. Arkansas Code § 17-26-307 is amended to read as follows:
15 17-26-307. Electrology instructors — Prerequisites to examination.
16 The State Board of Cosmetology Department of Health shall admit to
17 examination for licenses license as an electrology instructor any person who
18 has made application to the board department in proper form, has paid the fee
19 required, and who:
20 (1) Is not less than twenty-one (21) years of age;
21 (2) Holds a valid Arkansas license as an electrologist; and
22 (3) Has had three (3) years of practical experience as an
23 electrologist in the State of Arkansas within the past five (5) years.
24
25 SECTION 8. Arkansas Code § 17-26-315 is amended to read as follows:
26 17-26-315. Reciprocity.
27 Upon application to the State Board of Cosmetology Department of Health
28 in the form provided for the particular class of license applied for,
29 accompanied by the required fee, a person licensed as a cosmetologist,
30 electrologist, manicurist, aesthetician, or instructor under the laws of
31 another state shall be granted a license to practice the occupation or
32 occupations in this state not of greater scope than the occupation or
33 occupations for which the applicant was previously licensed in the other
34 state, upon the following conditions:
35 (1) That the applicant for a license as a cosmetologist,
36 manicurist, or aesthetician is not less than eighteen (18) years of age, and
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the applicant 1 for a license as an instructor or electrologist is not less
2 than twenty-one (21) years of age;
3 (2) That the applicant holds a current valid license upon
4 application for reciprocity, evidenced by a certified copy of the license and
5 an affidavit from the other state or by such other evidence as the board
6 department may require;
7 (3) That the applicant has passed a national examination
8 comparable to the examination given in this state; and
9 (4) That the applicant passes an Arkansas law examination under
10 this chapter.
13
11
12 SECTION 9. Arkansas Code § 17-26-316 is amended to read as follows:
13 17-26-316. Contents and display Display of license.
14 (a) Every license issued by the State Board of Cosmetology shall be
15 signed by the president and attested by the Director of Cosmetology and shall
16 bear the impress of the board's seal.
17 (b)(a) Every licensee shall:
18 (1) Display the license in a conspicuous place in his or her
19 principal office, place of business, or place of employment; or
20 (2) Wear the license on his or her person while practicing
21 cosmetology.
22 (c)(b) Every A license shall may contain a photograph of the licensee.
23
24 SECTION 10. Arkansas Code § 17-26-317 is amended to read as follows:
25 17-26-317. Notice of address change.
26 Every registered cosmetologist manager-operator, cosmetologist,
27 electrologist, manicurist, or aesthetician, within thirty (30) days after
28 changing the address of his or her place of business as designated on the
29 books of the State Board of Cosmetology Department of Health, shall notify
30 the State Board of Cosmetology administrative office department of his or her
31 new place of business. Upon receipt of the notification, the office
32 department shall make the necessary changes in the register.
33
34 SECTION 11. Arkansas Code § 17-26-319 is amended to read as follows:
35 17-26-319. Expiration, renewal, and reinstatement.
36 (a) Licenses of cosmetologists, instructors, electrologists,
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aestheticians, 1 and manicurists shall expire on the licensee's birthday on a
2 biennial basis.
3 (b) Licenses of schools and establishments shall expire in one (1) of
4 the following ways at the choice of the school or establishment owner:
5 (1) Annually on December 31;
6 (2) Biennially on December 31; or
7 (3) Biennially on the owner's birthday in conjunction with the
8 individual license.
9 (c) Application for license renewals shall be filed and the fee paid
10 not later than thirty (30) days following the expiration date established in
11 subsection (a) of this section.
14
12 (d) A licensee whose license has lapsed for failure to renew and who
13 is or was under the direct supervision of a physician for an extended or
14 long-term condition may request from the State Board of Cosmetology
15 Department of Health a waiver of the reinstatement fee.
16 (e) After five (5) years from the date of its expiration, a license
17 may be reinstated upon the filing of an application as the board department
18 may prescribe, the payment of the examination fee, and the passing of the
19 examination required by the board department.
20 (f) The board department is authorized and directed to renew, upon
21 application and the payment of the necessary fees, the license of a
22 cosmetologist, manicurist, aesthetician, instructor, or electrologist who is
23 also a veteran of war who possessed the license but permitted it to lapse.
24 The renewal license shall be issued without the applicant's being required to
25 submit to any examination or to meet any additional schooling requirements.
26 (g)(1) A licensee who is sixty-five (65) years of age or older and has
27 been actively engaged in the practice or teaching of cosmetology for thirty
28 (30) or more years may apply for a lifetime license.
29 (2) The fee for a lifetime license shall be established by rule
30 of the board.
31 (3) The receipt of a lifetime license shall not exempt a
32 licensee from:
33 (A) Complying with any applicable law or rule; and
34 (B) Receiving a penalty for failing to comply with any an
35 applicable law or rule.
36
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SECTION 12. 1 Arkansas Code § 17-26-321 is amended to read as follows:
2 17-26-321. Reissuance and reinstatement.
3 For good cause shown and under such reasonable rules and regulations as
4 may be imposed, the State Board of Cosmetology Department of Health may
5 reissue or reinstate the license of any person whose license has been
6 previously revoked.
7
15
8 SECTION 13. Arkansas Code § 17-26-323 is repealed.
9 17-26-323. Use of funds from penalties.
10 Funds derived from penalties assessed by the State Board of Cosmetology
11 pursuant to the authority granted in this chapter shall be maintained in a
12 separate bank account and shall be used exclusively to defray the costs of
13 disciplinary hearings and any other enforcement actions, including the
14 investigation thereof, and all necessary costs for the development and
15 staffing needs for educational training purposes under § 17-26-104(c)(5)(C).
16
17 SECTION 14. Arkansas Code § 17-26-402 is amended to read as follows:
18 17-26-402. Cosmetological establishments — License.
19 (a) Any A person, firm, or corporation desiring to operate a
20 cosmetological establishment shall make an application to the State Board of
21 Cosmetology Department of Health for a license.
22 (b) The application shall be accompanied by the required licensing
23 fee.
24
25 SECTION 15. Arkansas Code § 17-26-403 is amended to read as follows:
26 17-26-403. School of cosmetology — Application to operate — License.
27 (a) Schools of cosmetology shall be conducted as provided in this
28 subchapter.
29 (b)(1) Any person, firm, or corporation, except the Department of
30 Education, desiring to conduct a school of cosmetology shall make an
31 application to the State Board of Cosmetology for approval. When an
32 application is made after January 1, there shall be paid to the board that
33 portion of the registration fee that the unexpired number of months in the
34 year bears to the entire year, including the month in which the application
35 is made. In such cases the board shall issue a license for the fractional
36 part of the year. A person, firm, or corporation desiring to conduct a
16
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school of cosmetology 1 shall apply to the Department of Health for approval.
2 (2) The Department of Education shall not be required to apply
3 to the Department of Health for approval.
4 (3)(A) When an application is made after January 1, the portion
5 of the registration fee that the unexpired number of months in the year bears
6 to the entire year, including the month the application is made, shall be
7 paid to the Department of Health.
8 (B) In such a case the Department of Health shall issue a
9 license for the fractional part of the year.
10 (c) In the event that a member of the board shall wholly or partially
11 own any interest in any school of cosmetology in this state, the board member
12 shall disqualify himself or herself from the consideration of applications
13 for new schools of cosmetology or license renewals.
14 (d)(c) The license authorizes the school of cosmetology holding it to
15 transact operations in this state during the year or fraction thereof for
16 which it is issued subject to the rules of the board department.
17 (e)(d) Nothing in this section shall be construed as authorization or
18 permission to conduct a school of cosmetology without a valid, existing, and
19 unexpired license.
20
21 SECTION 16. Arkansas Code § 17-26-404 is amended to read as follows:
22 17-26-404. Licensing requirements — Expiration — Renewal.
23 (a) Licensing for cosmetological establishments and schools of
24 cosmetology expires pursuant to § 17-26-319(b).
25 (b) An application for renewal of a license shall be filed with the
26 State Board of Cosmetology Department of Health, accompanied by the required
27 renewal fee.
28 (c) Thereupon, the board department shall renew the license for the
29 appropriate time period.
30 (d) A license that has expired for failure of the registrant to renew
31 within the time fixed by this section may for a period of one (1) year
32 thereafter be renewed upon the filing of an application in such form as the
33 board department may require and upon payment of the required renewal fee and
34 the delinquency fee.
17
35 (e) After one (1) year from the date of its expiration, a certificate
36 may not be renewed, and the establishment or school may again become entitled
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to a license only 1 upon compliance with all of the provisions of this chapter
2 relating to the original issuance of a license.
3
4 SECTION 17. Arkansas Code § 17-26-406 is amended to read as follows:
5 17-26-406. Refusal or cancellation of school license — Causes.
6 (a) No A school shall not be licensed until the State Board of
7 Cosmetology Department of Health has had ample opportunity to verify sworn
8 statements as to the actual ownership. In this respect, if false statements
9 are submitted to the board department in connection with a license
10 application, this in itself shall constitute sufficient grounds for the
11 refusal to grant any application under this subchapter. If an application is
12 granted and thereafter the board department discovers that false statements
13 were made in connection therewith, this shall constitute sufficient grounds
14 for the cancellation of the school license even though the false statements
15 are detected after a license has been issued.
16 (b)(1) The board department may deny a school license to any applicant
17 or licensee upon reasonable evidence that the school or its officials would
18 jeopardize the health and safety of the public.
19 (2) No A school license shall not be issued until the real owner
20 files with the board department a statement definitely designating who is
21 authorized to accept service of notice from the board department and to
22 transact all business negotiations on behalf of the school, including answers
23 to citations for hearing and compliance with rulings issued by the board
24 committee.
25
26 SECTION 18. Arkansas Code § 17-26-407 is amended to read as follows:
27 17-26-407. Inspection of school facilities.
28 (a) Before any school license as provided in under this subchapter
29 shall be finally granted, a second inspection shall be made after the
30 equipment has been installed and before the school is permitted to begin
31 operation.
32 (b) No An applicant shall not be granted a license to operate a school
33 unless the State Board of Cosmetology Department of Health finds that
34 sufficient equipment has been installed for the requirements of enrolling a
35 minimum of not fewer than twenty-five (25) bona fide students and that not
36 fewer than twenty-five (25) bona fide full-time student registration requests
18
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have been received in 1 the case of any new school. New schools of cosmetology
2 shall be required to contain not less than two thousand five hundred square
3 feet (2,500 sq. ft.) of floor space in the working area.
4
5 SECTION 19. Arkansas Code § 17-26-408 is amended to read as follows:
6 17-26-408. Duties of school.
7 Every Each school shall:
8 (1) Possess sufficient apparatus and equipment necessary for the
9 ready and full teaching of all the subjects or practices of cosmetology;
10 (2) Maintain licensed instructors competent to impart
11 instruction in all branches or practices of cosmetology;
12 (3) Keep a daily record of the attendance of each student and
13 the time devoted by each student to the various practices or branches of
14 cosmetology and electrology;
15 (4) Establish grades and hold examinations before issuing
16 diplomas; and
17 (5) Fix its tuition at an amount that will enable it to furnish
18 without further charge to the student all cosmetics, materials, and supplies
19 used on the public and in classes. This does not include books and
20 instruments as shall be determined from time to time by the State Board of
21 Cosmetology Department of Health.
22
23 SECTION 20. Arkansas Code § 17-26-410 is amended to read as follows:
24 17-26-410. Instructor qualifications.
25 (a) Every Each person employed in a school to instruct students in the
26 school shall be a licensed cosmetologist, aesthetician, manicurist, or
27 electrologist who:
28 (1) Is twenty-one (21) years of age or older and has had six
29 hundred (600) hours of teacher training in a school of cosmetology over a
30 period of not less than four (4) months; and
31 (2) Has passed an instructor's examination given by the State
32 Board of Cosmetology Department of Health and has received an instructor's
33 license.
34 (b) A licensed instructor shall not teach outside the profession in
35 which the license to practice allows.
36 (c) A cosmetology school shall offer an education in cosmetology
19
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16 01-09-2009 13:32 KLL078
regardless 1 of whether the curriculum includes a specialty course.
2
3 SECTION 21. Arkansas Code § 17-26-411 is amended to read as follows:
4 17-26-411. Instructors — Duties — Number.
5 (a) All instructors shall be continuously engaged in teaching students
6 in theoretical or practical work. Except when instructing a student, no an
7 instructor may not practice upon a client, and any instructor who does so is
8 subject to disciplinary action by the State Board of Cosmetology Cosmetology
9 Technical Advisory Committee.
10 (b) The board State Board of Health shall promulgate reasonable rules
11 and regulations concerning the number of instructors necessary to properly
12 conduct a school of cosmetology.
13
14 SECTION 22. Arkansas Code § 17-26-412 is amended to read as follows:
15 17-26-412. School term — Cosmetology curriculum.
16 (a) Every Each school shall maintain a school term of not less than
17 one thousand five hundred (1,500) hours, instruction of which shall not be in
18 excess of eight (8) hours per day and six (6) days per week during the
19 course. The school shall maintain a course of practical training and
20 technical instruction equal to the requirements for examination for a license
21 as a cosmetologist.
22 (b) It shall so arrange the courses devoted to each branch or practice
23 of cosmetology as the State Board of Cosmetology Department of Health may
24 from time to time adopt as the course to be followed by the schools.
25
26 SECTION 23. Arkansas Code § 17-26-413 is amended to read as follows:
27 17-26-413. Electrology course.
28 (a)(1) An electrology course established by a school of cosmetology
29 shall consist of three hundred fifty (350) hours or six hundred (600) hours
30 of practical training and technical instruction which shall extend over a
31 period of not less than two (2) months for a three-hundred-fifty-hour course
32 and four (4) months for a six-hundred-hour course.
33 (2) In no event shall the training extend over a period of more
34 than six (6) months from the date of initial enrollment.
35 (b) The course shall be in accordance with a curriculum established by
36 the State Board of Cosmetology Department of Health.
20
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17 01-09-2009 13:32 KLL078
1
2 SECTION 24. Arkansas Code § 17-26-415 is amended to read as follows:
3 17-26-415. Student registration — Reregistration on transfer.
4 (a)(1) All students of cosmetology, manicuring, electrology,
5 aesthetics, and instructor training shall be registered with the State Board
6 of Cosmetology Department of Health before accredited hours can be obtained.
7 (2) The enrollment application shall be accompanied by a copy of
8 a method of identification containing a photograph of the applicant.
9 (3) A student shall not earn hours prior to the date in which
10 the board department has issued a student permit.
11 (b) A student who has completed the registration process and whose
12 information is on file with the board department shall complete a re13
enrollment form without submitting additional documents other than the
14 student permit fee and a method of identification containing a photograph of
15 the student.
16
17 SECTION 25. Arkansas Code § 17-26-417 is amended to read as follows:
18 17-26-417. Student work.
19 (a) In every each licensed school of cosmetology:
20 (1) A student for a license as a cosmetologist, after one
21 hundred fifty (150) hours of instruction, may engage, in the school as a
22 student, in work connected with any branch or any combination of the branches
23 of cosmetology taught in the school upon a client who is paying for service
24 or materials;
25 (2) A student for a license as a manicurist, after sixty (60)
26 hours of instruction, may engage, in the school as a student, in work
27 connected with manicuring taught in the school upon a client who is paying
28 for service or materials;
29 (3) A student for a license as an aesthetician, after sixty (60)
30 hours of instruction, may engage, in the school as a student, in work
31 connected with aesthetics taught in the school upon a client who is paying
32 for service or materials; and
33 (4) A student for a license as an electrologist, after sixty
34 (60) hours of instruction, may engage, in the school as a student, in work
35 connected with electrology taught in the school upon a client who is paying
36 for service or materials.
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(b) No A student 1 may not engage in any work upon a client who is
2 paying for service or materials until he or she has had the required number
3 of hours of instruction.
4 (c) No A school shall not advertise student work to the public through
5 any medium unless the work is designated as student work.
6 (d)(1) A school may allow a student to volunteer in charity or special
7 events held outside the school if the following conditions are met:
8 (A) The student agrees to participate;
9 (B) The student has completed three-quarters (3/4) of the
10 course of study;
11 (C) The student is accompanied by and acts under the
12 direct supervision of a licensed instructor; and
13 (D) The student receives no credit hours toward the course
14 of study.
15 (2) Documentation shall be maintained in the student's school
16 file outlining the date, name, and location of the event and the number of
17 hours volunteered.
18 (3) A school shall provide a thirty-day notice to the State
19 Board of Cosmetology Department of Health, unless the special event involves
20 a natural disaster as proclaimed by the Governor.
21 (4) A student shall not provide services to an elderly person
22 who is confined to a hospital or nursing home.
23 (e)(1) A student providing services under this section shall apply for
24 a student permit from the board department.
25 (2) The board State Board of Health shall promulgate rules
26 concerning the issuance of student permits.
27 (3) A student permit shall contain a photograph of the student.
28 (4) The student permit shall be:
29 (A) Maintained by the owner of the school attended by the
30 student during the student's enrollment; and
31 (B) Returned to the board department along with a copy of
32 the student's Certificate of Training upon the conclusion of the student's
33 enrollment in the school.
34
35 SECTION 26. Arkansas Code § 17-26-418 is amended to read as follows:
36 17-26-418. Cosmetology courses in public schools.
SB39
19 01
22
CALIFORNIA
Legislation

AB 518: permanently exempts the practice of threading from the Board’s oversight.
Regulations

Amendment to Title 16, Division 9, Section 974 of the California Code of Regulations:
specifies fines for violations of the procedures for cleaning and disinfecting pedicure
equipment and specifies whether a type of violation can be corrected.

Amendment to Title 16, Division 9, Section 931 of the California Code of Regulations:
eliminates subsection (g), which stated that male models may only be used for the barber,
manicurist and electrologist practical examinations.
COLORADO
No legislative changes at this time.
23
CONNECTICUT
Please be advised there has been a change to the following statute pertaining to the
practice of hairdressing/cosmetology in Connecticut. The language in brackets has
been deleted.
Sec. 46. Section 20-254 of the general statutes is repealed and the following is
substituted in lieu thereof (Effective July 1, 2009):
Any person who holds a license at the time of application as a registered hairdresser
and cosmetician, or as a person entitled to perform similar services under different
designations in any other state, in the District of Columbia, or in a commonwealth or
territory of the United States, and who (1) has completed not less than fifteen hundred
hours of formal education and training in hairdressing and cosmetology, and (2) was
issued such license on the basis of successful completion of an examination shall be
eligible for licensing in this state and entitled to a license without examination upon
payment of a fee of fifty dollars. Applicants who trained in another state, district,
commonwealth or territory which required less than fifteen hundred hours of formal
education and training may substitute no more than five hundred hours of licensed
work experience in such other state, district, commonwealth or territory toward
meeting the training requirement. [If the examination was taken in a language other
than English, the applicant shall demonstrate successful completion of an English
proficiency examination as prescribed by the department. ] No license shall be issued
under this section to any applicant against whom professional disciplinary action is
pending or who is the subject of an unresolved complaint. The department shall inform
the board annually of the number of applications it receives for licensure without
examination under this section.
The following is a link to the hairdressing statutes (this does not include the above
revision): Connecticut General Statutes Chapter 387 - Hairdressers and Cosmeticians
24
DELAWARE
No legislative changes at this time.
DISTRICT OF COLUMBIA
No legislative changes at this time.
25
FLORIDA
No response from this state.
GEORGIA
No legislative changes at this time.
26
GUAM
No response.
HAWAII
No legislative changes at this time.
IDAHO
27
28
29
30
31
ILLINOIS
No response from this state.
INDIANA
TITLE 820 STATE BOARD OF COSMETOLOGY EXAMINERS
LSA Document #08-606(F)
DIGEST
Amends 820 IAC 5-1-20 concerning license application requirements for
tanning facilities. Adds 820 IAC 7-1-1 and 820 IAC 7-1-3 to establish fees
for application, issuance, and renewal of cosmetology school licenses, beauty
culture instructor licenses, cosmetology salon licenses, electrology salon
licenses, esthetic salon licenses, manicurist salon licenses, cosmetologist
licenses, electrologist licenses, esthetician licenses, manicurist licenses, and
tanning facility licenses and to establish fees for examinations for licensure
to practice as a beauty culture instructor, cosmetologist, electrologist,
esthetician, or manicurist. Effective 30 days after filing with the Publisher.
32
IC 4-22-2.1-5 Statement Concerning Rules Affecting Small Businesses
820 IAC 5-1-20; 820 IAC 7-1-1; 820 IAC 7-1-3
SECTION 1. 820 IAC 5-1-20 IS AMENDED TO READ AS FOLLOWS:
820 IAC 5-1-20 License application required
Authority: IC 25-8-15.4-23
Affected: IC 25-8-15.4
Sec. 20. To obtain a license to operate a tanning facility, a person must do
the following:
(1) File an application with the board on a form prescribed by the board.
Such The information shall include the following:
(A) The name, address, and telephone number of the following:
(i) The tanning facility.
(ii) The owner of the tanning facility.
(iii) If the licensee is a corporation, all shareholders owning at least five
percent (5%) or greater who own a sunlamp product.
(iv) If the licensee is a partnership, all partners of a business who own a
sunlamp product.
(v) All settlors, trustees, and beneficiaries of trusts who own a sunlamp
product.
(B) If the facility is mobile, the location, by address, at which the facility will
be parked during the hours it is open for business.
(C) A signed and dated certification that the applicant has read and
understands the requirements of this rule.
(D) All additional information requested by the department board to
substantiate that the proposed facility can reasonably be expected to provide
access to sunlamp products without causing a health or safety hazard to its
customers.
33
(2) Pay a the fee of two hundred dollars ($200). set by the board in 820
IAC 7.
(3) Each person operating a tanning facility on the effective date of this rule
shall apply for a permit no later than sixty (60) days following the effective
date of this rule.
(4) (3) Each person establishing or acquiring a tanning facility after the
effective date of this rule shall:
(A) apply to the board for a license; and
(B) obtain such the license;
prior to before operating the facility.
(5) (4) The owner shall maintain and make available for inspection written
records that must include the:
(A) manufacturer;
(B) year and month of manufacture;
(C) model number;
(D) serial number; and
(E) type;
of each sunlamp product located within the facility.
(State Board of Cosmetology Examiners; 820 IAC 5-1-20; filed Mar 17,
1992, 10:20 a.m.: 15 IR 1378; filed Sep 17, 1998, 3:55 p.m.: 22 IR 457;
readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19,
2007, 1:01 p.m.: 20070808-IR-820070046RFA) NOTE: Transferred from the
Indiana State Department of Health (410 IAC 6-13-20) to the State Board of
Cosmetology Examiners (820 IAC 5-1-20) by P.L.142-1995, SECTION 33,
effective July 1, 1995.
SECTION 2. 820 IAC 7-1-1 IS ADDED TO READ AS FOLLOWS:
820 IAC 7-1-1 Application/issuance fees
Authority: IC 25-1-8-2; IC 25-8-4
Affected: IC 25-8
34
Sec. 1. The board shall charge and collect the following
application/issuance fees for licenses:
(1) Cosmetologist: $40
(2) Electrologist: $40
(3) Esthetician: $40
(4) Manicurist: $40
(5) Beauty culture instructor: $40
(6) Cosmetology school: $400
(7) Cosmetology salon: $40
(8) Electrology salon: $40
(9) Esthetic salon: $40
(10) Manicurist salon: $40
(11) Tanning facility: $200
(State Board of Cosmetology Examiners; 820 IAC 7-1-1)
SECTION 3. 820 IAC 7-1-3 IS ADDED TO READ AS FOLLOWS:
820 IAC 7-1-3 Renewal fees
Authority: IC 25-1-8-2; IC 25-8-4
Affected: IC 25-8
Sec. 3. The board shall charge and collect the following renewal
fees every four (4) years for licenses:
(1) Cosmetologist: $40
(2) Electrologist: $40
(3) Esthetician: $40
(4) Manicurist: $40
(5) Beauty culture instructor: $40
(6) Cosmetology school: $400
(7) Cosmetology salon: $40
(8) Electrology salon: $40
(9) Esthetic salon: $40
(10) Manicurist salon: $40
(11) Tanning facility: $200
(State Board of Cosmetology Examiners; 820 IAC 7-1-3)
35
Indiana
SOURCE: IC 25-8-3-28; (09)HE1573.1.24. --> SECTION 24. IC 25-8-3-28, AS AMENDED
BY P.L.157-2006, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 28. (a) A member of the board or any inspector or investigator may inspect:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon; or
(5) a cosmetology school; or
(6) a mobile salon;
during its regular business hours.
(b) A member of the board or any inspector or investigator may inspect:
(1) a cosmetology salon;
(2) an electrology salon;
(3) an esthetic salon;
(4) a manicuring salon;
(5) a cosmetology school; or
(6) a mobile salon;
before an initial license is issued.
SOURCE: IC 25-8-4-2; (09)HE1573.1.25. --> SECTION 25. IC 25-8-4-2 IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) If the board determines that:
(1) a person possesses a valid license from another jurisdiction to perform acts that require a
license under this article; and
(2) the jurisdiction issuing the license imposes substantially equal requirements on
applicants for the license as are imposed on applicants for an Indiana license;
the board may issue a license to perform those acts in Indiana to that person upon payment of the
fee required under IC 25-8-13.
(b) This subsection applies only to applications for a cosmetologist license under IC 25-8-9. If
the jurisdiction issuing the license does not impose substantially equal requirements for
education hours as required under subsection (a)(2), the board may approve the combination of
education hours plus actual licensed practice in the other jurisdiction when issuing a license to a
person from that jurisdiction. One (1) year of licensed practice is equal to one hundred (100)
hours of education to an applicant who has completed a minimum of one thousand (1,000) hours
of education.
36
(c) This subsection applies only to applications for a manicurist license under IC 25-8-11.
Applicants for a manicurist license under this section must take the written examination
described by section 8(2) of this chapter and score at least seventy-five percent (75%) on the
examination. If the jurisdiction issuing a license does not impose substantially equal
requirements for education hours as required under subsection (a)(2), the board may
approve the combination of education hours plus actual licensed practice in the other
jurisdiction when issuing a license to a person from that jurisdiction, as follows:
(1) For an applicant with less than twenty (20) years of actual licensed practice as a
manicurist, one (1) year of licensed practice is equal to one hundred (100) hours of
education to an applicant who has completed at least three hundred (300) hours of
education.
(2) For an applicant with twenty (20) or more years of actual
licensed practice as a manicurist, one (1) year of licensed practice is equal to one hundred
(100) hours of education to an applicant who has completed at least one hundred (100)
hours of education.
(d) This subsection applies only to applications for an electrologist license under IC 25-810. If the jurisdiction issuing a license does not impose substantially equal requirements for
education hours as required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the other jurisdiction when
issuing a license to a person from that jurisdiction. One (1) year of licensed practice as an
electrologist is equal to one hundred (100) hours of education to an applicant who has
completed at least two hundred (200) hours of education.
(e) This subsection applies only to applications for an esthetician license under IC 25-812.5. If the jurisdiction issuing a license does not impose substantially equal requirements
for education hours as required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the other jurisdiction when
issuing a license to a person from that jurisdiction. One (1) year of licensed practice as an
esthetician is equal to one hundred (100) hours of education to an applicant who has
completed at least four hundred (400) hours of education.
(f) This subsection applies only to applications for a beauty culture instructor license
under IC 25-8-6. If the jurisdiction issuing a license does not impose substantially equal
requirements for education hours as required under subsection (a)(2), the board may
approve the combination of education hours plus actual licensed practice in the other
jurisdiction when issuing a license to a person from that jurisdiction. One (1) year of
licensed practice as a beauty culture instructor is equal to one hundred (100) hours of
education to an applicant who has completed at least seven hundred (700) hours of
education.
37
SOURCE: IC 25-8-4-2.9; (09)HE1573.1.26. --> SECTION 26. IC 25-8-4-2.9 IS ADDED TO
THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 2.9. (a) This section applies only to applications for a cosmetologist license
under this article.
(b) If an applicant comes from a jurisdiction that does not issue a cosmetologist license,
the board may issue an initial provisional license to an applicant who meets the following
requirements:
(1) The board finds that the applicant has sufficient training or experience as a
cosmetologist.
(2) The applicant has not committed an act that would constitute a violation of the
standards of practice under IC 25-1-11.
(3) The applicant pays a fee established by the board under IC 25-1-8.
(c) An applicant who has been granted an initial provisional license must work under the
supervision of a licensed cosmetologist.
(d) A person who holds an initial provisional license may apply for renewal of a
cosmetologist license under section 19 of this chapter.
(e) The holder of a provisional license may petition the board for the issuance of a
cosmetologist license to practice without supervision. The holder of a provisional license
who demonstrates to the board that the holder may satisfactorily practice without
supervision shall be released from the terms of the provisional license and is entitled to
hold a license under IC 25-8-4.
SOURCE: IC 25-8-4-17; (09)HE1573.1.27. --> SECTION 27. IC 25-8-4-17 IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 17. (a) Except for an instructor
license issued under subsection (d) or IC 25-8-6-1, a license issued or renewed under this
article is valid for expires on a date specified by the licensing agency under IC 25-1-6-4 and
expires four (4) years after the initial expiration date.
(b) A license issued to an instructor under IC 25-8-6-1 expires at the time that the
instructor's practitioner license expires. The board shall renew an instructor's license
under this subsection concurrently with the instructor's practitioner license.
(c) Except as provided in IC 25-8-9-11, a person who holds a license under this article
may apply for renewal.
(d) Initial provisional licenses are valid for a length of time determined by the board, but
not to exceed two (2) years.
38
SOURCE: IC 25-8-9-9; (09)HE1573.1.28. --> SECTION 28. IC 25-8-9-9, AS AMENDED
BY P.L.197-2007, SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 9. (a) The temporary cosmetologist work permit application described in
section 8 of this chapter must state that the applicant:
(1) will practice cosmetology under the supervision of a cosmetologist; and
(2) has filed an application under:
(A) section 2 of this chapter, but has not taken the examination described by section 3(4)
of this chapter; or
(B) IC 25-8-4-2 and is awaiting a board determination.
(b) The temporary electrologist work permit application described in section 8 of this chapter
must state that the applicant:
(1) will practice electrology under the supervision of an electrologist; and
(2) has filed an application under:
(A) IC 25-8-10-2, but has not taken the examination described in IC 25-8-10-3(3); or
(B) IC 25-8-4-2 and is awaiting a board determination.
(c) The temporary esthetician work permit application described in section 8 of this chapter
must state that the applicant:
(1) will practice esthetics under the supervision of an esthetician or cosmetologist; and
(2) has filed an application under:
(A) IC 25-8-12.5-3, but has not taken the examination described in IC 25-8-12.5-4(4); or
(B) IC 25-8-4-2 and is awaiting a board determination.
(d) The temporary manicurist work permit application described in section 8 of this chapter
must state that the applicant:
(1) will practice manicuring under the supervision of a cosmetologist or manicurist; and
(2) has filed an application under:
(A) IC 25-8-11-3, but has not taken the examination described in IC 25-8-11-4(4); or
(B) IC 25-8-4-2 and is awaiting a board determination.
SOURCE: IC 25-8-10-4; (09)HE1573.1.29. --> SECTION 29. IC 25-8-10-4 IS ADDED TO
THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 4. (a) This section applies only to applications for an electrologist license
under this article.
(b) If an applicant comes from a jurisdiction that does not issue an electrologist license,
the board may issue an initial provisional license to an applicant who meets the following
requirements:
39
(1) The board finds that the applicant has sufficient training or experience as an electrologist.
(2) The applicant has not committed an act that would constitute a violation of the standards
of practice under IC 25-1-11.
(3) The applicant pays a fee established by the board under IC 25-1-8.
(c) An applicant who has been granted an initial provisional license must work under the
supervision of a licensed cosmetologist or a licensed electrologist.
(d) A person who holds an initial provisional license may apply
for renewal of an electrologist license under this chapter.
(e) The holder of a provisional license may petition the board for the issuance of an
electrologist license to practice without supervision. The holder of a provisional license who
demonstrates to the board that the holder may satisfactorily practice without supervision shall be
released from the terms of the provisional license and is entitled to hold a license under this
chapter.
SOURCE: IC 25-8-11-8; (09)HE1573.1.30. --> SECTION 30. IC 25-8-11-8 IS ADDED TO
THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 8. (a) This section applies only to applications for a manicurist license under
this article.
(b) If an applicant comes from a jurisdiction that does not issue a manicurist license, the
board may issue an initial provisional license to an applicant who meets the following
requirements:
(1) The board finds that the applicant has sufficient training or experience as a
manicurist.
(2) The applicant has not committed an act that would constitute a violation of the
standards of practice under IC 25-1-11.
(3) The applicant pays a fee established by the board under IC 25-1-8.
(c) An applicant who has been granted an initial provisional license must work under the
supervision of a licensed cosmetologist or licensed manicurist.
(d) A person who holds an initial provisional license may apply for renewal of a
manicurist license under this chapter.
(e) The holder of a provisional license may petition the board for the issuance of a
manicurist license to practice without supervision. The holder of a provisional license who
demonstrates to the board that the holder may satisfactorily practice without supervision
shall be released from the terms of the provisional license and is entitled to hold a license
under this chapter.
40
SOURCE: IC 25-8-12.5-4; (09)HE1573.1.31. --> SECTION 31. IC 25-8-12.5-4 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. Except as
provided in section 7 of this chapter, To receive a license issued under this chapter, a person
must:
(1) be at least eighteen (18) years of age;
(2) have successfully completed the tenth grade or received the equivalent of a tenth grade
education;
(3) have graduated from an esthetics program in a cosmetology school;
(4) have received a satisfactory grade (as defined by IC 25-8-4-9)
on an examination for esthetician license applicants prescribed by the board;
(5) not have committed an act for which the person could be disciplined under IC 25-8-14;
and
(6) pay the fee set forth in IC 25-8-13-11 for the issuance of a license under this chapter.
SOURCE: IC 25-8-12.5-8; (09)HE1573.1.32. --> SECTION 32. IC 25-8-12.5-8 IS ADDED
TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 8. (a) This section applies only to applications for an esthetician license
under this article.
(b) If an applicant comes from a jurisdiction that does not issue an esthetician license, the
board may issue an initial provisional license to an applicant who meets the following
requirements:
(1) The board finds that the applicant has sufficient training or experience as an
esthetician.
(2) The applicant has not committed an act that would constitute a violation of the
standards of practice under IC 25-1-11.
(3) The applicant pays a fee established by the board under IC 25-1-8.
(c) An applicant who has been granted an initial provisional license must work under the
supervision of a licensed cosmetologist or a licensed esthetician.
(d) A person who holds an initial provisional license may apply for renewal of an
esthetician license under this chapter.
(e) The holder of a provisional license may petition the board for the issuance of an
esthetician license to practice without supervision. The holder of a provisional license who
demonstrates to the board that the holder may satisfactorily practice without supervision
shall be released from the terms of the provisional license and is entitled to hold a license
under this chapter.
41
SOURCE: IC 25-8-15.4-6; (09)HE1573.1.33. --> SECTION 33. IC 25-8-15.4-6, AS
AMENDED BY P.L.194-2005, SECTION 51, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 6. To obtain a license to operate a tanning facility, a person:
must do the following:
(1) must submit an application to the board on a form prescribed by the board;
(2) must pay a fee established by the board under IC 25-1-8-2; and
(3) may be subject to an inspection of the facility by the board.
SOURCE: ; (09)HE1573.1.66. --> SECTION 66. [EFFECTIVE UPON PASSAGE] (a) As
used in this SECTION, "board" means a board, commission, or committee.
(b) As used in this SECTION, "committee" refers to the professional licensing study
committee established under this SECTION.
(c) The professional licensing study committee is established.
(d) The committee shall do the following:
(1) Study all of the boards that regulate occupations or professions under the Indiana
professional licensing agency or the state department of health.
(2) Make recommendations concerning any changes that should be made to a board
described under subdivision (1) or the regulation of a profession or occupation by a board
described under subdivision (1), including the following recommendations:
(A) Eliminating the board.
(B) Having the board continue regulating the profession or occupation in the same
manner that the profession or occupation is currently regulated by the board.
(C) Requiring registration of a profession or occupation through the electronic
registry of professions under IC 25-1-5.5, as added by this act.
(D) Requiring national certification or registration of a profession or occupation.
(E) Restructuring the board.
(F) Merging two (2) or more boards.
(e) The committee shall operate under the policies governing study committees adopted
by the legislative council. (f) Before November 1, 2009, the committee shall issue a final
report to the legislative council containing the findings and recommendations of the
committee. (g) This SECTION expires December 31, 2009.
REPEALED: 25-8-4-18 (renewal application; replaced by an updated statute) and 25-812.5-7 (reciprocity; replaced with statute that covers all licenses)
42
IOWA
No legislative changes at this time.
KANSAS
The Kansas Board of Cosmetology had a minimal change in legislation this year –
it pertained to the manner in which practitioner renewal notices were sent to
licensees.
There was a regulation change which increased the clock hours for esthetics
licensure from 650 to 1000 clock hours. Therefore any individual seeking esthetics
licensure in Kansas must have 1000 clock hours instruction/training.
43
KENTUCKY
No legislative changes at this time.
LOUISIANNA
No response from this state.
44
MAINE
NIC Legislative Report – 2009
Report on State of Maine Legislative Activities
This past legislative session was certainly sizzling for the Maine Board of
Barbering and Cosmetology.
1. A constituent driven bill was presented to the 124th Maine Legislature
entitled: “An Act to Allow Persons Licensed for the Practice of
Manicuring to Provide Treatment for Diabetics” (LD 255) The intent
of this bill was to allow a person licensed for the practice of manicuring
to perform pedicures for a person with diabetes as a medical treatment
covered by health insurance. Supporters of this bill cited an apparent
lack for podiatric services in Aroostook County. This is a very large
county located at the upper northern area of the State of Maine. The
legislative committee recognized the need for more podiatrists in the
upper northern part of Maine, but did not feel this bill was the solution.
The bill was voted down.
2. A constituent driven bill was presented to the 124th Maine Legislature
entitled: “An Act to Allow a Cosmetologist, Barber, Manicurist or
Aesthetician Licensee to Perform Services Outside of the Primary
Business Location” (LD 184) The bill as initially written appeared to
repeal all exemptions to licensure and in effect limit the activity of
licensees to their primary business location. The board opposed the bill
citing that there are good and valid reasons for allowing licensees to
perform their services at venues including hospitals, nursing homes,
private residences of citizens who are not able to leave their home, and
at funeral establishments.
The bill appeared to attempt to repeal the licensing and inspection of
establishments and permit the professional practice of barbering,
cosmetology, aesthetics and manicuring to be performed anywhere
without regard to facility safety standards or oversight.
45
The Department worked with the constituents and bill’s sponsoring
legislator on a resolution. The bill was amended by enacting a law to
allow a professional licensee to offer and perform services on persons at
“special events” with a “special event services permit.” A person may not
perform special event services without first obtaining a special event
permit. The Maine Legislature left it to the board to define the services
permitted and what constitutes a special event.
The bill was passed as amended and Public Law 2009 Chapter 48 was
signed into law by Governor Baldacci on April 21, 2009. For your
convenience following is a link to the PL Chapter 48
http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=184&PI
D=1456&snum=124 The law takes effect on September 12, 2009.
Rules are currently being developed and we are preparing to implement
a new permitting system.
3. Annually each board must report expenses and board activities i.e.
number of board meetings to the Secretary of State. For the past two
years, the Maine Board of Barbering and Cosmetology did not hold a
board meeting due to a lack members and ability to establish a quorum
in order to hold a business meeting. The lack of quorum was due to
board seat vacancies.
The report to the Secretary of State showed “no activity” by the board
because no meetings were held. However, this report failed to collect the
daily administrative activity of the program overall that did not require
board action, which is significant. The Secretary of State’s
interpretation of this data was that the Board was not longer needed
and was added to LD 1254 An Act to Repeal Inactive Boards and
Commission, which appeared before the legislative Committee on State
and Local Government. As a rule, our practice act legislation goes
before the Committee on Business and Economic Development.
The Department opposed this section of this bill that proposed to not
only repeal the Board, but the whole of the barbering and cosmetology
licensing practice act. A detail on the daily activities regarding licensing
and regulatory aspects of the program that was maintained by the
Department was shared with the Committee. The Committee raised
questions on the efficiencies to maintain the program and eliminate the
board. From this directive, the Department developed an amendment to
eliminate the Board and shift the duties and oversight responsibilities to
46
the Department with authority for the Department to establish, as
needed, an advisory-type Committee of practitioners.
Although the following was not proposed by the Department to the
Maine Legislature this year, work had been underway by the Board and
the Department to do a systems change for greater efficiencies for the
Maine Board of Barbering and Cosmetology in anticipation of pursuing
the changes at a future legislative session. Both the Department and
the Board agreed that eliminating the Board and shifting the duties and
responsibilities to the Department was in the best of all help to
strengthen work efficiencies. This proposal was shared with all school
owners and school representatives and was wholly supported by all.
The rough draft proposal that would have done the following:
 Change from Board to Advisory Committee
 Create a Limited Barber license
 Adjust school and trainee course hours
 School – 1,000 hrs not less than 6 mo
 Trainee – 1,600 hrs not less than 10 mo
 Scope of Practice for Limited Barber
 Beard/mustache
 Scalp, face, and neck massage/facial – use of galvanic or faradic
appliances not included
 Shampooing, applying hair tonics, conditioners etc
 Cutting and styling the human hair
 Cutting, fitting, coloring hair pieces/wigs
Terminology update from manicuring to nail technician to be consistent with the
industry and national trends
 Establish a code of ethics for professions authorized under practice act
 Eliminate location restriction for mobile shops to expand business
opportunities – municipality
 Change biennial on-site evaluations of schools from biennial to random
 Permit credit for education obtained in subjects that are deemed substantially
equivalent to applied courses offered consistent with law – currently credit only
allows between barbering and cosmetology
 Increase the time period after passing the examination for applicants applying
for initial licensure – from 90 days to one year
However, with the unexpected situation created by LD 1254 An Act to Repeal
Inactive Boards that was currently before the 124th Maine Legislature, the
Department submitted an amendment to resolve LD 1254 that shifted the
duties and responsibilities of the Board to the Department and created the
option to establish an Advisory Committee to assist the Department on any
matter that may arise and as needed. This action was fully supported by the
47
Board and school owners. The areas highlighted in blue above were not
included in the amendment proposed for LD 1254, and may be pursued at a
future legislative session.
LD 1254 was unanimously passed as amended by the legislature and signed
into law by Governor Baldacci on June 11, 2009. Public Law 2009 Chapter
369 will take effect on September 12, 2009. For your convenience, following
is a link to the PL Chapter 369
http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=1254&PID=14
56&snum=124
MARYLAND
No response from this state.
48
MASSACHUSETTS
No legislative changes at this time.
MICHIGAN
No legislative changes at this time. You may find a copy of the
statute at
http://www.dleg.state.mi.us/bc.sc/forms/cos/coslawbk.pdf.
MISSISSIPPI
49
No legislative changes at this time.
MISSOURI
MISSOURI
Board of Cosmetology & Barber Examiners
www.pr.mo.gov/cosbar.asp
LEGISLATION 2009:
Becomes effective August 28, 2009. The below report in summation:



Deletion of Sections 328.030 through 328.050, RSMo – Removes conflicting language
that was changed with the passing of SB280 in 2005.
Deletion of Portions of Section 328.060, RSMo - Removes the requirement to submit
approval to promulgate rules to the Department of Health and Senior Services. Also,
removes the requirement for barbershop & barber schools to post sanitation rules in the
establishments.
Sections 328.115. 1. & 2, RSMo - This section is removing the wording “shop or” to
remain consistent with using the word establishment throughout the Chapters 328 and
329 RSMo.
50





Section 328.140, RSMo. - Removes conflicting language in the current provisions in
Chapters 328 and 329 RSMo that were changed with the passing of SB280 in 2005.
Section 328.150.,RSMo - This section is correcting the number after chapter from “161”
to “621” referring to a complaint filed with the administrative hearing commission.
Section 328.160, RSMo- This section is removing the language "in conjunction with the
department of health and senior services".
Section 329.028.1.RSMo - This section is removing the previous department name of
"economic development" and replacing with the current department name "insurance,
financial institutions and professional registration".
Deletion of Sections of 329.180, 329.190, 329.191, 329.200, 329.210, 329.220, 329.230,
329.240, RSMo, to remove conflicting language in the current provisions in Chapters 328
and 329 RSMo that were changed with the passing of SB280 in 2005.
LICENSURE/FEES/REQUIRED HOURS:
(1) The following barber related fees are hereby established by the State Board of Cosmetology
and Barber Examiners for those fees, activities or licenses governed by Chapters 328 , RSMo.
(A) Apprentice Barber
1. Registration
$ 25.00
(B) Apprentice Supervisor
$ 75.00
1. Application Fee
(C) Barber
1. Reciprocity
$100.00
2. Exam Score Endorsement Fee
$ 100.00
3. Certificate of Registration (first license)
$ 20.00
4. License Renewal
$ 30.00
$60.00
A. Reinstatement (delinquent) Fee after November 30th
renewable after two (2) years
B. Military renewal under 328.110.3, RSMo
$ 1.00
(D) Barber Establishment (Full Service/Chair Rental)
1. Certificate of Registration/License
$100.00
2. Change of Location
A. Full Service Barber Establishment
$100.00
B. Barber Chair/Individual Space Renter
$ 50.00
3. Change of Ownership
$ 50.00
4. Adding a Co-Owner
$ 50.00
5. License Renewal
$ 50.00
$ 80.00
A. Penalty Fee after October 30th
$ 100.00
6. Delinquent Fee (Opening a barber establishment without
registering before
opening)
51
(E) Instructor
1. Certificate of Registration (first license)
2. License Renewal
A. Reinstatement (delinquent)
Fee after April 30 not renewable after two (2) years
(F) Miscellaneous Fees (Applicable to all licensees/registrants)
1. Certification/Affidavit of Licensure
2. Certification of Training Hours, Examination Scores
3. Duplicate License/Registration Fee
4. Handling/Insufficient Funds Fee (Any uncollectible check or
other financial instrument)
5. Inactive License Fee
6. Late Fee
7. Name Search Fee
(As determined by the Missouri State Highway Patrol)
(G) School
1. Application Fee to Open a New School/College
2. Change of Location
3. Change of Ownership
4. Adding a Co-Owner
5. License Renewal
(H) Student Barber
1. Enrollment Application Fee
$ 20.00
$ 30.00
$ 50.00
$ 10.00
$ 10.00
$ 10.00
$ 25.00
$25.00
$ 30.00
$ 500.00
$ 500.00
$ 300.00
$ 50.00
$ 500.00
$ 25.00
(2) The following cosmetology related fees are hereby established by the board for those
fees,
activities or licenses governed by Chapter 329, RSMo.
(A) Apprentice Cosmetology
1. Enrollment Fee
$ 25.00
(B) Apprentice Supervisor
1. Application Fee
$ 75.00
(C) Cosmetology Establishments (up to and including three (3)
operators)
1. Application/License Fee (Full Service & Rental Station)
$ 100.00
2. Change of LocationA. Full Service Cosmetology Establishment
$ 100.00
B. Rental Station/Independent Contractors
$ 50.00
52
3. Change of Ownership
4. Adding Co-Owner
5. Delinquent Fee
(Opening a cosmetology establishment without registering before
opening)
6. Renewal Fee (Full Service & Rental Station)
A. Reinstatement (Includes late fee)
(D) Instructors
1. License Fee
2. Instructor Trainee Enrollment Fee
$100.00
$50.00
$ 100.00
3. Reciprocity Fee
4. Reinstatement Fee (Includes Late Fee)
5. Renewal Fee
(E) Miscellaneous Fees (Applicable to all licensees/registrants)
1. Certification/Affidavit of Licensure/Registration
2. Certification of Training Hours, Examination Scores
3. Duplicate License Fee
4. Handling Fee (Any uncollectible check or other financial
instrument)
5. Inactive License Fee
6. Late Fee
(F) Operator Fees
1. Additional Operator Fee
2. Reciprocity Fee
3. Exam Score Endorsement Fee
4. Reinstatement Fee (Includes Late Fee)
5. Renewal Fee
$ 100.00
$ 60.00
$ 30.00
(G) School
1. Change of Location Fee
2. School Application/License Fee
3. Satellite Classroom License Fee
4. Satellite Classroom Renewal Fee
5. School Renewal Fee
(H) Student
1. Enrollment Application Fee
$ 50.00
$ 80.00
$ 30.00
$ 25.00
$ 10.00
$ 10.00
$ 10.00
$ 25.00
$ 25.00
$ 30.00
$ 10.00
$ 100.00
$ 100.00
$ 60.00
$ 30.00
$ 500.00
$ 500.00
$ 300.00
$ 300.00
$ 500.00
$ 25.00
53
(3) The following fees are hereby established by the board for crossover licensees under
Chapters
328 or Chapter 329, RSMo.
(A) Establishments:
1. Application/License Fee
$ 100.00
2. Change of Ownership
$
3. Adding Co-Owner
100.00
$
50.00
4. Change of Location Fee (Full Service)
5. Change of Location Fee (Rental)
6. Delinquent Fee (opening an establishment without a
license)
7. Reinstatement Fee (Includes Late Fee)
8. Renewal Fee (Full Service & Rental Station)
(B) Instructors
1. Certificate of Registration
2. Instructor Trainee Enrollment Fee
(applicants required to complete additional cosmetology
instructor education or training for crossover license)
3. Reciprocity Fee
4. Reinstatement Fee (Includes Late Fee)
5. Renewal Fee
(C) Miscellaneous Fees
1. Certification/Affidavit of Licensure
2. Certification of Training Hours, Examination Scores
3. Duplicate License Fee
4. Handling Fee (any uncollectible check or other financial
instrument)
5. Inactive License Fee
6. Late Fee
7. Name Search Fee:
(As determined by the Missouri State Highway Patrol)
(D) Operators:
1. Initial Application/License Fee
2. Reciprocity Fee
3. Exam Score Endorsement Fee
54
$ 100.00
$
50.00
$ 100.00
$ 130.00
$ 100.00
$ 20.00
$ 25.00
$ 100.00
$ 60.00
$ 30.00
$ 10.00
$ 10.00
$ 10.00
$ 25.00
$ 25.00
$ 30.00
$100.00
$ 100.00
$ 100.00
4. Reinstatement Fee (Includes Late Fee)
$
90.00
5. Renewal Fee
$
60.00
(E) Schools
1. Change of Location Fee (schools)
2. Delinquent Fee (opening a school without required
license)
3. Initial Application/License Fee
4. Reinstatement Fee (schools) (Includes Late Fee)
5. Renewal Fee (schools)
$ 850.00
$ 100.00
$ 850.00
$ 880.00
$ 850.00
(4) All fees are nonrefundable and are payable in the form of a cashier's check, money order, or
personal check.
(5) Checks or other financial instruments returned to the board as uncollectible shall be turned
over to the prosecuting attorney's office or the licensee shall be required to pay a handling fee in
addition to submitting replacement funds to the board.
(6) Payment of any copy/printout fees and search fees may be required before any information
will be provided, pursuant to Section 610.026, RSMo.
(7) The provisions of this rule are declared severable. If any fee fixed by this rule is held invalid
by a court of competent jurisdiction or by the Administrative Hearing Commission, the
remaining provisions of this rule shall remain in full force and effect, unless otherwise
determined by a court of competent jurisdiction or by the Administrative Hearing Commission.
Profession
Cosmetologist (“ClassCA”-hairdresser/manicuring
& “Class CH”- hairdresser)
Manicurist (Nail Tech)
Esthetician
Cosmetology Instructor
Trainee
Barber
Crossover “Class-CA”
Crossover Barber
Student Hours
1500
Apprentice Hours
3000
400
750
600
800
1500
1000
45
500
2000
90
1000
EXAMINATION REQUIRED: Written and Practical
55
REQUIRED CONTINUING EDUCATION: Twelve (12) hours for cosmetology instructors
only.
FINING ABILITY: Missouri does not have fining power.
BOARD MEMBERS:
Cynthia Bald
President
Jasper Kee
Vice President
Kimberly Marshall Secretary
Betty Leake
Board Member
Leila Cohoon
Board Member
Wayne Kindle
Board Member
Annie Dixon
Public Member
Vacant
Board Member (Accredited School Owner)
Vacant
Board Member (Private School Owner)
Vacant
Board Member (Barber)
Vacant
Public Member
MINNESOTA
No response from this state.
56
MONTANA
No legislative changes at this time.
NEBRASKA
NEBRASKA 2008 STATUTORY CHANGES:
Effective December 1, 2008 there are a number of changes that have occurred regarding
students, licensure, establishments, school renewal, reinstatement, etc.; to assist you in viewing
all changes, a legislative style document has been created which shows the requirements that
have been removed (crossed out) and any new requirements (underlined). You can view this
document at: http://www.dhhs.ne.gov/crl/mhcs/cosi/cosindex.htm
Following is a recap of some of the licensing changes (Fee changes follow):
57
Student and School Related Changes:
 Cosmetology/Esthetic schools are no longer required to submit student entrance
notifications or monthly hour/credit reports to the State; however, the school must maintain
in their files the enrollment of each student and a report indicating the students and student
instructors enrolled, the hours and credits earned, the instructors employed, the hours of
operation, and such other pertinent information as required by the department.
 A cosmetology or esthetic student instructor may independently supervise students after
successfully completing at least one-half of the required instructor program.
 Hours and credits will no longer be voided after 2 years if the student has not reenrolled in
a school of cosmetology or school of esthetics in Nebraska or transferred his or her hours
and credits to a school in another state.
 All schools, as a condition of licensure renewal, must provide evidence of minimal
property damage, bodily injury, and liability insurance coverage (previously this was a
requirement only for initial licensure)
 All schools and salons shall not knowingly permit its students, employees, or clients to use,
consume, serve, or in any other manner possess or distribute intoxicating beverages or
controlled substances upon its premises (at any time) (previously this section prohibited
alcohol/controlled substances only during the hours the school was in operation or the
salon was open to the public).
Salon Renewal changes:
a.
b.
As a condition of renewal, salons must provide evidence of minimal property
damage, bodily injury, and liability insurance coverage for the salon.
Only one renewal notice will be mailed. Salon licenses expire on September 30,
2009; if the salon has not submitted a complete renewal on or before September
30th, the license will EXPIRE and the salon must cease operation. Salons that
continue to operate after the expiration date of the license will be charged an
administrative penalty of $10 for each day of operation (up to $1,000). NOTE:
Administrative penalties are deposited in the Department of Education Permanent
School Fund, not in the Cosmetology funds. If the salon wishes to resume
operation, an original application must be submitted, approved and a new license
issued before operating.
Changes Relating to INDIVIDUAL Licenses:
58
1.
Requires an applicant to be a citizen of the U.S.; an alien lawfully admitted to the U.S.
and eligible under federal law; or a nonimmigrant whose visa is related to such
employment in the U.S.
2.
Continuing Competency (Continuing Education/CE)
a.
Standardizes for all professions that continuing competence requirements may be
waived by the Department for only the following 2 situations:
(1)
Service in the US armed forces; and
(2)
First credentialed within the 24 months before the license
expires (previously a waiver was allowed only if the licensee
was first licensed in the previous 12 months); and
b.
This law removes disabling illness or physical disability as an option for
requesting a CE waiver.
3.
Standardizes the renewal process (for all professions) to include that:
a.
The Department will only send 1 renewal notice at least 30-days prior to the
expiration date of the license;
b.
Failure to renew or request inactive status prior to the expiration date will result in
the license becoming expired. Expired credentials will no longer be revoked for
failure to respond to the renewal notice. When the credential expires, the holder
no longer has the right to represent himself or herself as a credentialed person and
to practice the profession. Person continuing to practice after the expiration date
of the license will be charged an administrative penalty of $10 for each day of
operation (up to $1,000). NOTE: Administrative penalties are deposited in the
Department of Education Permanent School Fund, not in the Cosmetology funds.
c.
If the licensee wishes to practice after the expiration date of his/her license, s/he
must request a reinstatement application and submit such to the Department along
with the renewal fee and a reinstatement fee;
d.
Inactive status must be requested in writing and may be requested any time during
the year and license may remain on inactive status for an indefinite period of time;
and
e.
There will be no charge for inactive status (previously required a fee of $25 for
inactive status).
Licensure/Renewal Fees Increased (effective 8/30/08)
Title 172 NAC 2 – 2008 State of Nebraska Regulations Relating to Professional and
Occupational Licensure Fees is the new fee chapter that relates to all professions and
occupations; it can be viewed in its entirety on the Department’s Web-site at
http://www.dhhs.ne.gov/crl/crlindex.htm Pages 1 through 3 include fee information generic to
all professions regulated by the Department and the fee chart (starting on page 4) lists all
professions and their respective fees (in alphabetical order by license category).
59
1.
The fee for a salon license and renewal of the license changed to $150; however, if a new
salon application is submitted April 1 2009 through September 30, 2009, the license fee
will be prorated to $37.50 (renewal is not prorated).
2.
The license fee for an individual is $95; and renewal is $118. The fee for an initial license
issued within 6 months of the license expiration will be prorated to $25 (renewal is not
prorated). License expiration dates follow:



Cosmetologist:
Esthetician:
Nail Technologist:
December 31, even-numbered years
September 20, even-numbered years
December 31, odd-numbered years
NEVADA
No response from this state.
NEW HAMPSHIRE
The Board prohibits the use of fish in the salons. No other rules or legislation to
report.
60
NEW JERSEY
Please be advised the New Jersey State Board of Cosmetology and Hairstyling has
recently complete a major revision of the Board’s regulations. However, at the
present time they are not available in printable form. The regulations will be
posted on the Board Website for review in the very near future. They can be
accessed at: www.njconsumeraffairs.gov/cosmetology
NEW MEXICO
No response from this state.
61
NEW YORK
No legislative changes at this time.
NORTH CAROLINA
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-521
HOUSE BILL 291
*H291-v-8*
AN ACT AMENDING THE COSMETIC ART ACT TO PROVIDE FOR LICENSURE OF
PERSONS ENGAGING IN THE PRACTICE OF NATURAL HAIR CARE.
The General Assembly of North Carolina enacts:
SECTION 1.1. G.S. 88B-2 reads as rewritten:
"§ 88B-2. Definitions.
The following definitions apply in this Chapter:
(1) Apprentice. – A person who is not a manager or operator and who is
engaged in learning the practice of cosmetic art under the direction and
supervision of a cosmetologist.
62
(2) Board. – The North Carolina Board of Cosmetic Art Examiners.
(3) Booth. – A workstation located within a licensed cosmetic art shop that is
operated primarily by one individual in performing cosmetic art services for
consumers.
(4) Booth renter. – A person who rents a booth in a cosmetic art shop.
(5) Cosmetic art. – All or any part or combination of cosmetology, esthetics,
natural hair care, or manicuring, including the systematic manipulation with
the hands or mechanical apparatus of the scalp, face, neck, shoulders, hands,
and feet. Practices included within this subdivision shall not include the
practice of massage or bodywork therapy as set forth in Article 36 of
Chapter 90 of the General Statutes.
(6) Cosmetic art school. – Any building or part thereof where cosmetic art is
taught.
(7) Cosmetic art shop. – Any building or part thereof where cosmetic art is
practiced for pay or reward, whether direct or indirect.
(8) Cosmetologist. – Any individual who is licensed to practice all parts of
cosmetic art.
(8a) Cosmetology. – The act of arranging, dressing, curling, waving, cleansing,
cutting, singeing, bleaching, coloring, or similar work upon the hair of a
person by any means, including the use of hands, mechanical or electrical
apparatus, or appliances or by use of cosmetic or chemical preparations or
antiseptics.
(9) Cosmetology teacher. – An individual licensed by the Board to teach all
parts of cosmetic art.
(10) Esthetician. – An individual licensed by the Board to practice only that part
of cosmetic art that constitutes skin care.
(11) Esthetician teacher. – An individual licensed by the Board to teach only that
part of cosmetic art that constitutes skin care.
(11a) Esthetics. – Refers to any of the following practices: giving facials; applying
makeup; performing skin care; removing superfluous hair from the body of a
person by use of creams, tweezers, or waxing; applying eyelashes to a
person, including the application of eyelash extensions, brow or lash color;
beautifying the face, neck, arms, or upper part of the human body by use of
cosmetic preparations, antiseptics, tonics, lotions, or creams; surface
manipulation in relation to skin care; or cleaning or stimulating the face,
neck, ears, arms, hands, bust, torso, legs, or feet of a person by means of
hands, devices, apparatus, or appliances along with the use of cosmetic
preparations, antiseptics, tonics, lotions, or creams.
(12) Manicuring. – The care and treatment of the fingernails, toenails, cuticles on
fingernails and toenails, and the hands and feet, including the decoration of
the fingernails and the application of nail extensions and artificial nails. The
term "manicuring" shall not include the treatment of pathologic conditions.
(13) Manicurist. – An individual licensed by the Board to practice only that part
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of cosmetic art that constitutes manicuring.
(14) Manicurist teacher. – An individual licensed by the Board to teach
manicuring.
(14a) Natural hair care. – A service that results in tension on hair strands or roots
by twisting, wrapping, extending, or locking hair by hand or mechanical
device. For purposes of this definition, the phrase 'natural hair care' shall
include the use of artificial or natural hair.
(14b) Natural hair care specialist. – An individual licensed by the Board to practice
only that part of cosmetic art that constitutes natural hair care.
(14c) Natural hair care teacher. – An individual licensed by the Board to teach
natural hair care.
(15) Shampooing. – The application and removal of commonly used, room
temperature, liquid hair cleaning and hair conditioning products.
Shampooing does not include the arranging, dressing, waving, coloring, or
other treatment of the hair."
SECTION 1.2. G.S. 88B-6 reads as rewritten:
"§ 88B-6. Board office, employees, funds, budget requirements.
(a) The Board shall maintain its office in Raleigh, North Carolina.
(b) The Board shall employ an executive director who shall not be a member of the
Board. The executive director shall keep all records of the Board, issue all necessary notices,
and perform any other duties required by the Board. The executive director shall serve at the
pleasure of the Board.
(c) With the approval of the Director of the Budget and the Office of State Personnel,
the The Board may employ as many inspectors, investigators, and other staff as necessary to
perform inspections and other duties prescribed by the Board. Inspectors and investigators shall
be experienced in all parts of cosmetic art and shall have authority to examine cosmetic art
shops and cosmetic art schools during business hours to determine compliance with this
Chapter.
(d) The salaries of all employees of the Board, including the executive director, shall be
subject to the State Personnel Act.
(e) The executive director may collect in the Board's name and on its behalf the fees
prescribed in this Chapter and shall turn these and any other monies paid to the Board over to
the State Treasurer. These funds shall be credited to the Board and shall be held and expended
under the supervision of the Director of the Budget only for the administration and enforcement
of this Chapter. Nothing in this Chapter shall authorize any expenditure in excess of the amount
credited to the Board and held by the State Treasurer as provided in this subsection.
(f) The provisions of the Executive Budget Act and the State Personnel Act apply to the
administration of this Chapter."
SECTION 2. Chapter 88B of the General Statutes is amended by adding a new
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section to read:
"§ 88B-10.1. Qualifications for licensing natural hair care specialists.
The Board shall issue a license to practice as a natural hair care specialist to any individual
who meets all of the following requirements:
(1) Successful completion of at least 300 hours of a natural hair care curriculum
in an approved cosmetic art school.
(2) Passage of an examination conducted by the Board.
(3) Payment of the fees required by G.S. 88B-20."
SECTION 3. G.S. 88B-11 is amended by adding a new subsection to read:
"(e) The Board shall issue a license to practice as a natural hair care teacher to any
individual who meets the requirements of subsection (a) of this section and who meets all of the
following:
(1) Holds in good standing a natural hair care license issued by the Board.
(2) Submits proof of either practice as a natural hair care specialist in a cosmetic
art shop or any Board-approved employment capacity in the cosmetic art
industry for a period equivalent to two years of full-time work immediately
prior to application or successful completion of at least 320 hours of a
natural hair care teacher curriculum in an approved cosmetic art school."
SECTION 4. G.S. 88B-12 reads as rewritten:
"§ 88B-12. Temporary employment permit; extensions; limits on practice.
(a) The Board shall issue a temporary employment permit to an applicant for licensure
as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist who
meets all of the following:
(1) Has completed the required hours of a cosmetic art school curriculum in the
area in which the applicant wishes to be licensed.
(2) Has applied to take the examination within three months of completing the
required hours.
(3) Is qualified to take the examination.
(b) A temporary employment permit shall expire six months from the date of graduation
from a cosmetic art school and shall not be renewed.
(c) The holder of a temporary employment permit may practice cosmetic art only under
the supervision of a licensed cosmetologist, manicurist, natural hair care specialist, or
esthetician, as appropriate, and may not operate a cosmetic art shop."
SECTION 5. G.S. 88B-13 reads as rewritten:
"§ 88B-13. Applicants licensed in other states.
(a) The Board shall issue a license to an applicant licensed as an apprentice,
cosmetologist, esthetician, natural hair care specialist, or manicurist in another state if the
applicant shows:
(1) The applicant is an active practitioner in good standing.
(2) The applicant has practiced at least one of the three years immediately
preceding the application for a license.
(3) There is no disciplinary proceeding or unresolved complaint pending against
65
the applicant at the time a license is to be issued by this State.
(4) The licensure requirements in the state in which the applicant is licensed are
substantially equivalent to those required by this State.
(b) Instead of meeting the requirements in subsection (a) of this section, any applicant
who is licensed as a cosmetologist, esthetician, natural hair care specialist, or manicurist in
another state shall be admitted to practice in this State under the same reciprocity or comity
provisions that the state in which the applicant is licensed grants to persons licensed in this
State.
(c) The Board may establish standards for issuing a license to an applicant who is
licensed as a teacher in another state. These standards shall include a requirement that the
licensure requirements in the state in which the teacher is licensed shall be substantially
equivalent to those required in this State and that the applicant shall be licensed by the Board to
practice in the area in which the applicant is licensed to teach."
SECTION 6. G.S. 88B-14(b) reads as rewritten:
"(b) The applicant shall list all licensed cosmetologists licensees who practice cosmetic
art in the shop and shall identify each as an employee or a booth renter."
SECTION 7. G.S. 88B-18 reads as rewritten:
"§ 88B-18. Examinations.
(a) Repealed by Session Laws 2006-212, s. 2, effective August 8, 2006.
(b) Each examination shall have both a practical and a written portion.
(c) Examinations for applicants for apprentice, cosmetologist, teacher, esthetician,
natural hair care specialist, and manicurist licenses shall be given in at least three locations in
the State that are geographically scattered. The examinations shall be administered in
Board-approved facilities.
(d) An applicant for a cosmetologist, esthetician, manicurist, natural hair care specialist,
or teacher's license who fails to pass the examination three times may not reapply to take the
examination again until after the applicant has successfully completed any additional
requirements prescribed by the Board."
SECTION 8. G.S. 88B-20 reads as rewritten:
"§ 88B-20. Fees required.
(a) The Board may charge the applicant the actual cost of preparation, administration,
and grading of examinations for cosmetologists, apprentices, manicurists, estheticians, natural
hair care specialist, or teachers, in addition to its other fees.
(b) The Board may charge application fees as follows:
(1) Inspection of a newly established cosmetic art shop ............................$ 25.00
(2) Reciprocity applicant under G.S. 88B-13 ............................................$ 15.00.
(c) The Board may charge license fees as follows:
(1) Cosmetologist..................................................................$ 39.00 every 3 years
(2) Apprentice...............................................................................$ 10.00 per year
(3) Esthetician...............................................................................$ 10.00 per year
(4) Manicurist ...............................................................................$ 10.00 per year
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(4a) Natural hair care specialist......................................................$ 10.00 per year
(5) Teacher............................................................................$ 10.00 every 2 years
(6) Cosmetic art shop per active booth ...........................................$ 3.00 per year
(7) Cosmetic art school.................................................................$ 50.00 per year
(8) Duplicate license ....................................................................................$ 1.00.
(d) The Board may require payment of late fees and reinstatement fees as follows:
(1) Apprentice, cosmetologist, esthetician, manicurist, natural hair care
specialist, and teacher late renewal .......................................................$ 10.00
(2) Cosmetic art schools and shops late renewal ........................................$ 10.00
(3) Reinstatement – cosmetic art schools and shops .................................$ 25.00.
(e) The Board may prorate fees as appropriate."
SECTION 9. G.S. 88B-21 reads as rewritten:
"§ 88B-21. Renewals; expired licenses; inactive status.
(a) Each license to operate a cosmetic art shop shall be renewed on or before the first
day of February of each year. As provided in G.S. 88B-20, a late fee shall be charged for
licenses renewed after February 1. Any license not renewed by March 1 of each year shall
expire. A cosmetic art shop whose license has been expired for one year or less shall have the
license reinstated immediately upon payment of the reinstatement fee, the late fee, and all
unpaid license fees. The licensee shall submit to the Board, as a part of the renewal process, a
list of all licensed cosmetologists who practice cosmetic art in the shop and shall identify each
as an employee or a booth renter.
(b) Cosmetologist licenses shall be renewed on or before October 1 every three years
beginning October 1, 1998. A late fee shall be charged for renewals after that date. Any license
not renewed shall expire on October 1 of the year that renewal is required. The Board may
develop and implement a plan for staggered license renewal and may prorate license fees to
implement such a plan.
(c) Apprentice, esthetician, natural hair care specialist, and manicurist licenses shall be
renewed annually on or before October 1 of each year. A late fee shall be charged for the
renewal of licenses after that date. Any license not renewed shall expire on October 1 of that
year.
(d) Teacher licenses shall be renewed every two years on or before October 1. A late
fee shall be charged for the renewal of licenses after that date. Any license not renewed shall
expire on October 1 of that year.
(e) Prior to renewal of a license, a teacher, cosmetologist, esthetician, natural hair care
specialist, or manicurist shall annually complete eight hours of Board-approved continuing
education for each year of the licensing cycle. A cosmetologist may complete up to 24 hours of
required continuing education at any time within the cosmetologist's three-year licensing cycle.
Licensees shall submit written documentation to the Board showing that they have satisfied the
requirements of this subsection. A licensee who is in active practice as a cosmetologist,
esthetician, natural hair care specialist, or manicurist, has practiced for at least 10 consecutive
years in that profession profession, and is 60 years of age or older does not have to meet the
continuing education requirements of this subsection. A licensee who is in active practice as a
cosmetologist and has at least 20 consecutive years of experience as a cosmetologist, does not
67
have to meet the continuing education requirements of this subsection, but shall report any
continuing education classes completed to the Board, whether the continuing education classes
are Board-approved or not. Promotion of products and systems shall be allowed at continuing
education given in-house or at trade shows. Continuing education classes may also be offered
in secondary languages as needed. No member of the Board may offer continuing education
courses as required by this section.
(f) If an apprentice, cosmetologist, esthetician, manicurist, natural hair care specialist,
or teacher fails to renew his or her license within five years following the expiration date, the
licensee shall be required to pass an examination as prescribed by the Board before the license
will be reinstated.
(g) Cosmetic art school licenses shall be renewed on or before October 1 of each year.
A late fee shall be charged for licenses renewed after that date. Any license not renewed by
November 1 of that year shall expire. A cosmetic art school whose license has been expired for
one year or less shall have its license reinstated upon payment of the reinstatement fee, the late
fee, and all unpaid license fees.
(h) Upon request by a licensee for inactive status, the Board may place the licensee's
name on the inactive list so long as the licensee is in good standing with the Board. An inactive
licensee is not required to complete continuing education requirements. An inactive licensee
shall not practice cosmetic art for consideration. However, the inactive licensee may continue
to purchase supplies as accorded an active licensee. When the inactive licensee desires to be
removed from the inactive list and return to active practice, the inactive licensee shall notify the
Board of his or her desire to return to active status and pay the required fee as determined by
the Board. As a condition of returning to active status, the Board may require the licensee to
complete eight to 24 hours of continuing education pursuant to subsection (e) of this section."
SECTION 10. G.S. 88B-22 reads as rewritten:
"§ 88B-22. Licenses required; criminal penalty.
(a) Except as provided in this Chapter, no person may practice or attempt to practice
cosmetic art for pay or reward in any form, either directly or indirectly, without being licensed
as an apprentice, cosmetologist, esthetician, natural hair care specialist, or manicurist by the
Board.
(b) Except as provided in this Chapter, no person may practice cosmetic art or any part
of cosmetic art, for pay or reward in any form, either directly or indirectly, outside of a licensed
cosmetic art shop.
(c) No person may open or operate a cosmetic art shop in this State unless a license has
been issued by the Board for that shop.
(d) An individual licensed as an esthetician esthetician, natural hair care specialist, or
manicurist may practice only that part of cosmetic art for which the individual is licensed.
(d1) No person may teach cosmetic art in a Board-approved cosmetic art school unless
the person is a teacher licensed under this Chapter. A guest lecturer may be exempt from the
requirements of this subsection upon approval by the Board.
(e) An apprentice licensed under the provisions of this Chapter shall apprentice under
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the direct supervision of a cosmetologist. An apprentice shall not operate a cosmetic art shop.
(f) A violation of this Chapter is a Class 3 misdemeanor."
SECTION 11. G.S. 88B-23(a) reads as rewritten:
"(a) Every apprentice, cosmetologist, esthetician, manicurist, natural hair care specialist,
and teacher licensed under this Chapter shall display the certificate of license issued by the
Board within the shop in which the person works."
SECTION 12. G.S. 88B-24(9) reads as rewritten:
"§ 88B-24. Revocation of licenses and other disciplinary measures.
The Board may restrict, suspend, revoke, or refuse to issue, renew, or reinstate any license
for any of the following:
…
(9) Violation of G.S. 86A-15 by a cosmetologist, esthetician, natural hair care
specialist, or manicurist licensed by the Board and practicing cosmetic art in
a barber shop."
SECTION 13. Any natural hair care specialist who submits proof to the Board that
the natural hair care specialist is actively engaged in the practice of a natural hair care specialist
on the effective date of this act, passes an examination conducted by the Board, and pays the
required fee under G.S. 88B-20 shall be licensed without having to satisfy the requirements of
G.S. 88B-10.1, enacted by Section 2 of this act. A cosmetic art shop that practices natural hair
care only and that submits proof to the Board that the shop is actively engaged in the practice of
natural hair care on the effective date of this act shall have one year from the date of this act to
comply with the requirements of G.S. 88B-14. All persons who do not make application to the
Board within one year of the effective date of this act shall be required to complete all training
and examination requirements prescribed by the Board and to otherwise comply with the
provisions of Chapter 88B of the General Statutes.
SECTION 14. Section 1.2 of this act is effective when it becomes law. The
remainder of this act becomes effective July 1, 2010, and applies to acts occurring on or after
that date.
In the General Assembly read three times and ratified this the 11th day of August,
2009.
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NORTH DAKOTA
No legislative changes at this time.
OHIO
No response from this state.
70
OKLAHOMA
Oklahoma State Board of Cosmetology
2401 NW 23rd Street, Suite 84
Oklahoma City, OK 73107-2431
Phone 405.521.2441 • Fax 405.521.2440
www.cosmo.state.ok.us
BRAD HENRY
GOVERNOR
SHERRY G. LEWELLING
EXECUTIVE DIRECTOR
2009 SUMMARY OF LAW AND RULE CHANGES
Effective July 1, 2009, the following amendments are effective for Cosmetology Law, Title 59
O.S. § 199.2 which states in part as follows:
Section 199.2. State Board of Cosmetology
A. 1. There is hereby re-created, to continue to July 1, 2013, in accordance with the
provisions of the Oklahoma Sunset Law, a State Board of Cosmetology which shall
be composed of nine (9) members to be appointed by the Governor and to serve at the
pleasure of the Governor.
SUMMARY: The Board successfully underwent through Sunset Review and is re-created for
another four (4) years.
The intended effect of all the rule revisions is to protect the public from potentially unsafe
and unsanitary cosmetology procedures performed in cosmetology establishments
regulated by the Board of Cosmetology.
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Effective July 1 2009, the following amendments are effective for Board Rule 175:10-7-25
which states in part as follows:
175:10-7-25. Animals, birds, pets prohibited in cosmetology schools and related
establishments
Animals, birds, and/or other pets shall be prohibited in a cosmetology establishment or
school, unless otherwise provided by law. The use of fish or other animals in performing a
cosmetology service in a cosmetology establishment or school, including but not limited to fish
pedicures is prohibited.
SUMMARY: A fish pedicure, in which certain species of fish are used to remove dead skin
from the feet (specifically a gara rufa fish) may result in the transmission of diseases to and
between customers through the fish, or the water in which the fish are kept. The Department of
Wildlife Conservation has expressed concerns about the dangers to the Oklahoma lakes and
streams if the fish, a non-native species, find their way into Oklahoma waters when the salons
dispose of the fish when they grow too large to be used for pedicures. The disposal of fish into
the sanitary sewer system may also negatively impact the functioning of wastewater treatment
facilities. The amendment to the rule prohibits fish pedicures or other cosmetology procedures
using fish or animals. Fish pedicures are a procedure which involves the use of certain species of
fish to nibble or such dead skin from the feet. The amendment also prohibits use of any animal
in performing a cosmetology services in a cosmetology establishment or school. The procedure
poses potential risks to the health and safety of customers and the environment, and is not
amenable to existing effective sanitization procedures.
Page 2
Summary of 2009 Rules
Effective July 1, 2009, the following new rule is effective which states as follows:
175:10-7-29. Facial procedures, devices and equipment
(a) Licensees are prohibited from performing facial procedures using cosmetic exfoliating
substances or devices that effect more than the top layer (stratum corneum) or outer most layer of
dead cells on the skin. Procedures which use any cosmetic exfoliation substance or device to
remove viable (living) skin below the stratum corneum are deemed beyond the scope of practice
of persons and establishments licensed by the Board of Cosmetology.
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(b) Cosmetic exfoliating substances may include alpha hydroxyl acids (glycolic and lactic
acids), beta hydroxyl acids, salicylic acid, Jessner’s solutions, resorcinol and other substances
intended to affect no more than the stratum corneum.
(c) Cosmetic exfoliating devices may include FDA (U.S. Food and Drug Administration)
registered and/or approved devices, provided that such devices affect no more than the stratum
corneum.
SUMMARY: The new rule establishes that the use of exfoliating substances or devices that
affect more than the outermost layer of skin cells is prohibited and is beyond the scope of
practice of licensees. The new rule is intended to clarify the scope of practice of licensees in
regard to certain facial procedures.
Effective July 1, 2009, the following new rule is effective which states as follows:
175:10-7-30. Pedicure equipment and procedures for cleaning and disinfecting after each
client use
Pedicure equipment is a unit that holds water for a pedicure service, including whirlpool spas,
‘pipe-less’ units, footbaths, basins, tubs, sinks and bowls which shall be cleaned by scrubbing
surface with a brush, using an enzymatic or surfactant detergent (soap) and water. After
cleaning, pedicure equipment, tools and implements shall be disinfected by using an EPAregistered disinfectant as prescribed in Board rule 175:10-7-6. Board rules regarding the
cleaning and sanitizing of cosmetology tools and implements apply to all tools and implements
used for pedicures. The Board recommends the use of NIC approved ‘Cleaning and Disinfecting
of Circulating and Non Circulating Tubs and Spa’s For All Industry Modalities’.
SUMMARY: This new rule establishes specific procedures for cleaning and disinfecting
pedicure equipment after each client use in order to prevent the spread of potentially dangerous
and infectious diseases and disorders that may be contracted by the pubic from unclean,
undisinfected and unsanitized pedicure equipment. NIC approved ‘Cleaning and Disinfecting of
Circulating and Non Circulating Tubs and Spa’s For All Industry Modalities’ can be found on
NIC’s website nictesting.org.
Cleaning and Disinfecting of circulating and non circulating
tubs and spa’s for all industry modalities.
The recommended Cleaning and disinfecting standard for all circulating and non circulating tubs
or spas are: (the use of eye goggles and nitrile protective gloves are recommended and exposure
of the client’s feet, or other skin areas of the body to disinfectants should be avoided).
1. After Each client or service,
2. Drain the tub
3. Clean the tub according to manufacturer’s instructions. Take special care to remove all film,
especially at the water line. Rinse the Tub well.
4. Fill the tub with water.
a. Add appropriate disinfectant into the water according to the following:
73
i. AT Minimum, us an EPA registered, bactericidal, virucidal, fungicidal, and
pseudomonacidal (Formulated for Hospitals) disinfectant that is mixed and used
according to the manufacturer’s directions, EXCEPT TUBS THAT HAVE
COME IN CONTACT WITH BLOOD OR BODY FLUIDS
ii. If a Tub has COME IN CONTACT WITH BLOOD OR BODY FLUIDS at
minimum, an EPA registered disinfectant that is effective against HIV –1 and
human Hepatitis B Virus or Tuberculocidal that is mixed and used according to
the manufacturer’s directions shall be used.
b. Allow the disinfectant to stand for non circulating tubs or to circulate for circulating
tubs for the time specified according to the manufacturer’s instructions.
5. At the end of the day remove all removable parts (filters, screens drains, jets, etc) Clean
and disinfect the removable parts as follows:
a. Scrub with a brush and soap or detergent until free from debris.
b. Rinse
c. Completely immerse in an EPA registered, bactericidal, virucidal, fungicidal, and
pseudomonacidal (Formulated for Hospitals) disinfectant that is mixed and used
according to the manufacturer’s directions,
d. Rinse.
e. Air dry.
6. Replace the disinfected parts into the tubs. (Drains, jets, etc) or, store them in a disinfected,
dry, covered container that is isolated from contaminants.
Salons are choosing to purchase extra drains and removable parts so the parts can immediately
be changed out with pre disinfected parts saving time between clients. If so, any part which has
COME IN CONTACT WITH BLOOD OR BODY FLUIDS must at a minimum be disinfected with
an EPA registered disinfectant that is effective against HIV – 1 and human Hepatitis B Virus or
Tuberculocidal that is mixed and used according to the manufacturer’s directions. Storage as in
number 6 above.
OREGON
Oregon Health Licensing Agency and Board of Cosmetology has made many changes since July
1, 2007.
Administrative Rule Changes
Effective May 1, 2008
Rules streamline and clarify requirements and standards for use of manual or mechanical devices
and equipment in the performance of services, specify documentation requirements, including
new client records related to laser treatments, and adherence to the American National Standards
74
for Safe Use of Lasers (ANSI) in performing laser skin care services. Rule amendments
clarified ambiguity.
Effective October 1, 2008
The Oregon Health Licensing Agency completed a comprehensive cost allocation analysis,
evaluating expenditures, revenues, number of payers, direct and indirect costs, level of
complexity in delivering services and growth/attrition ratios for each program, and overall
agency operational costs, state agency assessments and inflation factors. The Board of
Cosmetology’s more than 70,000 authorization holders support approximately 79.39% of the
overall agency budget. Cost adjustments were necessary to recoup actual and necessary
expenses and align the board with its overall consumption of agency resources, resulting in a fee
increase.
Effective June 1, 2009
Technical adjustments to the definition of epidermis, clarify infection control measures for foot
spa equipment, and links board rules with overarching agency rules. Clarify requirements for
acceptable documentation and personal identification of applicants to strengthen applicant
licensure qualification criteria.
http://www.oregon.gov/OHLA/COS/docs/COS_rules/COS_OAR_06_01_09.pdf
2009 Legislation
HB 3232 added language to enable the agency the flexibility to determine qualifiers through
rulemaking as certain professions continue to evolve and expand. For example, advances in
esthetics (skin care services) in the area of laser treatments. The bill also grants exemptions for
special circumstances, charitable events or under a declared emergency; and to place an
authorization to practice in a dormant status.
http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3232.en.pdf
PENNSYLVANIA
Highlights of Amendments to Cosmetology Regulations
February 2009
This is only a partial summary of new regulations that became effective on January 10,
2009. Licensees should keep a current copy of the statute and regulations, read it
regularly, and be familiar with the applicable law.
Terminology and Definitions in General
Act 99 replaces a number of terms in the act with updated terminology. The following old terms
and their definitions have been replaced throughout the regulations:
75
Old term
cosmetician
manicuring
manicurist
shop
New term
esthetician
nail technology
nail technician
salon
The following new terms and their definitions were added based on Act 99’s addition of them to
the cosmetology lexicon:
braiding
esthetics
limited license
natural hair braider
natural hair braiding
The term “limited license” has been substituted throughout the regulations to reduce the number
of times that all three limited license classifications are enumerated.
§ 7.1 (Relating to definitions.)
“Esthetics” includes eyelash perming and the use of industry standard mechanical and electrical
apparatus and appliances in the practice of the profession. “Natural hair braiding” includes the
application of heat by the use of a straightening comb, ceramic iron or similar appliance to
prepare the hair for manipulation; and does not include cutting the hair. Finally, “school district”
includes any school district, joint vocational school or department, area vocational-technical
school or technical institute that provides vocational education under Article 18 of the Public
School Code of 1949.
§ 7.31. (Exceptions to examination requirement.)
As required by Act 99, for 1 year after the effective date of these regulations (January 10, 2009),
the Board will issue a natural hair braider license to an applicant who submits the application
adopted by the Board, pays the required licensing fee, and provides proof that the applicant has
practiced natural hair braiding for 3 consecutive years immediately prior to the date of the
application for licensure.
§ 7.32 (Relating to deadline for examination applications.)
Both the theoretical and practical portions of the exam must be passed within 1 year of the date
the first portion is passed.
§ 7.32b. (Requirements for teacher examinations.)
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Applicants for the teacher exam must have completed a minimum of 500 hours of instruction in a
teacher curriculum prior to taking the exam. § 7.32b addresses the requirements for the
cosmetology teacher examination in subsection (a) and provides the requirements for an
individual with a limited license to obtain a limited practice teacher license in subsection (b).
Subsection (c) specifies that an applicant who already holds a teacher license for one limited
practice field (esthetics, nail technology or natural hair braiding) may obtain a teacher license in
an additional limited practice field if the applicant meets the teacher license requirements for the
additional practice field and successfully completes the practical portion of the teacher exam for
the additional practice field.
§ 7.32d. (Requirements for cosmetologist examination.)
Limited license holders who desire to obtain cosmetology licenses may receive educational
credit toward the cosmetology education credits required for cosmetology licensure from the
credits received when obtaining their education in their limited practice field. An applicant for
the cosmetologist exam that already holds an active esthetician license issued by the Board may
obtain credit for “up to” 160 hours toward the total 1,250 hours required for a cosmetology
license; a licensed nail technician may obtain credit for “up to” 100 hours; and a licensed natural
hair braider may obtain credit for “up to” 125 hours. Subsection (d) requires that the total 1250
hours, including those already completed in a limited practice field program, must be completed
within 4 consecutive years.
§ 7.34 (Relating to models for practical portion of examination.)
Only the practical portion of the esthetics examination requires a live model. All other exams
require the use of a mannequin.
§ 7.41 (Display of licenses.)
Subsection (a) requires the salon license to be displayed in a conspicuous place on the salon’s
business premises, while subsection (b) requires that individual licenses should be readily
available for inspection at the place of business or employment of the individual holding the
license. The Board added subsection (c) to address the display of school licenses.
§ 7.43. (Expiration and renewal of licenses.)
As a condition of biennial renewal for the first biennial renewal after initial licensure, an
individual initially licensed as a natural hair braider without examination under § 7.31(c) must
provide to the Board proof that the licensee has completed 150 hours of education in specified
subject matter areas, within 2 years of the date their licenses were initially issued. A
“grandfathered” natural hair braider must complete 50 hours in scalp care, 50 hours in hygiene,
77
25 hours in occupational safety and 25 hours in locking and weaving as part of the 150 hours that
is required to be completed as a condition of renewal of a license. This educational requirement
must be completed by January 31, 2011.
§§ 7.71, 7.71a, 7.71b and 7.71c. (Equipment and supplies.)
See Attached Chart.
§ 7.79. (Lavatories.)
A lavatory must be located “within the square footage of the salon.”
§§ 7.81, 7.82 and 7.83. (Activities outside a salon.)
This section applies to all licensees and all licensed salons, rather than just cosmetologists and
cosmetology salons.
§§ 7.91 – 7.100. (Amendments to the health and safety requirements for salons.)
All sharp implements must be stored upright with the points down or in a protective case. The
outdated term “sterilization” is replaced with “sanitization.” A closed towel dispenser for clean
towels better protects the sanitary nature of the clean towels than would be the case if they were
kept in an open container. The insertion of the phrase “or hair” after “skin,” prohibits direct
contact by a spatula or similar utensil with the hair of a client and helping to prevent the spread
of bacteria and the like from one client to another. A client may not be left unattended during
any chemical applications.
§ 7.94 (Relating to sanitary use of supplies.)
Utensils may not be permitted to come into contact with the skin or hair of another client until
properly disinfected.
§ 7.120 (Relating to work done by students on the public.)
A school may charge a fee that reflects the reasonable cost of materials used in the treatment of
clients. The Board believes the intent of section 7 of the act, 63 P.S. § 513, is to preclude a
school from charging for the student’s labor or otherwise profiting from the clinical work of its
students. Therefore, it is reasonable to interpret this section as permitting a school to recoup its
costs in providing these services to the public. In addition, cosmetology students must complete
78
at least 300 hours of instruction prior to working on the public; esthetics students must complete
at least 75 hours of instruction to work on the public; nail technology students must complete at
least 50 hours of instruction to work on the public; and natural hair braiding students must
complete at least 75 hours of instruction to work on the public.
79
Chair
Station
Pedicure Basin
1 labeled first aid kit containing:
An antiseptic, cotton balls, protective plastic
or latex gloves, a blood spill kit, a hazardous
waste bag, eyewash, burn ointment, bandage
strips of varying sizes and shapes, sterile
gauze pads.
1 dryer or blow dryer.
1 shampoo tray or basin
12 combs and 12 brushes.
1 covered waste container.
A closed storage area for soiled linen.
1 timer clock.
1 closed towel cabinet for clean linen.
A closed container for sanitized implements.
1 wet sanitizer.
A reception desk.
12 sanitary towels for each station in the
salon.
1 sink with hot and cold running water that is
readily accessible to each station in the salon.
1 multipurpose fire extinguisher suitable for
use on Class A, B and C fires.
For each additional licensee supplies and
equipment shall be increased so that each
cosmetology can render services safely and
efficiently.
Cosmetology salon.
Esthetician salon.
Nail technology salon.
Minimum equipment for a Minimum equipment for a Minimum equipment
salon with 1 cosmetologist: salon with 1 esthetician:
needed for a salon with 1
nail technician:
1 adjustable chair.
1 adjustable chair.
1 chair for use in manicure
and pedicure.
1 styling station with
1 workstation with mirror. 1 manicure table with light,
mirror.
chair and stool.
No
No
1 pedicure basin and stand.
Yes
Yes
Yes
Natural hair braiding salon.
Minimum equipment needed for a
salon with 1 natural hair braider:
1 adjustable chair.
1 styling station with mirror.
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
80
§ 7.129 (Relating to curriculum requirements)
Each of the curricula requirements establishes minimum requirements. The Board also
amended the cosmetology curriculum to include conditioning, chemical texturizing, and
makeup.
§§ 7.111 – 7.129. (Amendments related to licensed schools of cosmetology.)
This modification broadens the range of work experience that the Board finds acceptable
in the individual named as a school supervisor in an application for a school license. The
school and student equipment and supply requirements are consistent with the salon
equipment and supply requirements where the two coincide. Section 7.114 adds the
requirement that a school enrolling 25 students have at least two sanitary towels per
student. The required razor for cosmetologist students is a hair-cutting razor. Neither
cosmetologists nor nail technician students are required to have nippers or scissors for
nail technology kits. Each cosmetologist student must have a pair of tweezers.
Subsection (d) sets forth the required supplies and equipment that each natural
hairbraiding student must possess.
§7.129 (Curriculum requirements.)
New subsection, (f), sets forth the natural hair braider curriculum that schools must
implement in order to train candidates for licensure as natural hair braiders. The
regulation establishes a curriculum of 300 hours, as mandated by Act 99, and
recommends that schools distribute the hours as follows: 50 to professional practices,
including sanitation; 125 to sciences, including scalp care and anatomy; and 125 to
cognitive and manipulative skills related to natural hair braiding. This recommended
apportionment is similar to the recommended apportionment for the other limited license
curricula.
§ 7.132. (Apprentice curriculum.)
The apportionment of hours for the cosmetology curriculum set forth in §7.129 has been
included in the apprentice curriculum, and assigns an additional 750 hours to the category
of “cosmetology cognitive and manipulative skills.” This narrows down the subject
matter of the additional hours but leaves the actual content to the discretion of the
cosmetology teacher and apprentice. The amendment, therefore, gives the cosmetology
teacher some guidance but permits leeway as to what else should be taught, thus allowing
for differences in interest and in the nature of the services a given salon may actually
provide.
81
PUERTO RICO
No response.
RHODE ISLAND
No legislative changes at this time.
82
SOUTH CAROLINA
SOUTH CAROLINA BOARD OF COSMETOLOGY
CHAPTER 35
Statutory Authority: 1976 Code Sections 40-13-60 and 40-1-70
Preamble:
To satisfy the requirements of licensure in the field of cosmetology, Regulations 35-1
through 35-5, Regulations 35-8 through 35-10, Regulations 35-13 through 35-20, and
Regulations 35-23 through 35-26 must be revised and updated in conformance with the
current Board of Cosmetology Practice Act. Regulations 35-11 and 35-12 will be deleted.
Section-by-Section Discussion:
Regulation 35-1.
Updates provisions to reflect terminology change from manicuring to nail technology;
increases surety bond for school owners (protection for students who prepay tuition).
Streamlines process for application review.
Regulation 35-2.
Simplifies provisions for equipping schools and references current building, health and
fire codes.
Regulation 35-3.
Revises provision for minimum curriculum for a school of cosmetology, nail
technology, or esthetics. Courses include threading; reduces hours to match statutory
requirements.
Regulation 35-4.
Revises provision for instructors, qualifications, and applications. Defines specific
educational and licensure requirements for instructors in methods of teaching as well as
Student Instructor Training Program and curriculum requirements.
Regulation 35-5.
Revises provision for instructor examinations and reexaminations to facilitate use of
national examinations.
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Regulation 35-7.
Deletes in its entirety.
Regulation 35-8.
Revises provision for recognition of instructors licensed in other states.
Regulation 35-9.
Revises provision for license renewal for instructors.
Regulation 35-10.
Revises provision for general rules for the operation of cosmetology schools. Clarifies
requirements for record retention, transcript submittal, training/class schedules, credit
hours transfer, and school and student standards. Grade passage requirements are
determined by individual schools.
Regulation 35-11.
Deletes in its entirety. Public school programs meet requirements of 35-1 and do
not need additional regulation.
Regulation 35-12.
Deletes in its entirety to reflect use of national examinations.
Regulation 35-13.
Simplifies recognition by endorsement of out of state licenses.
Regulation 35-15.
Revises provision for licensure of cosmetology, nail technology, and esthetics salons.
Simplifies applications, temporary permits, inspections, changes in location, changes in
name and/or owner, salon closure and salon renewal.
Regulation 35-16.
Revises provision for salon equipment requirements, eliminating obsolete minimum
requirements and salon specific equipment. Revision reflects current EPA and OSHA
standards for disinfectants.
84
Regulation 35-20.
Revises provision for inspection of sanitation and safety for salons and schools,
including residential salons. Provides for specific physical facilities’ requirements,
cleanliness standards, and instruments and supplies. Prohibits presence of animals in
salons. Provides disinfecting requirements for instruments and supplies and prevention of
infectious diseases.
Regulation 35-22.
Deletes in its entirety.
Regulation 35-23.
Revises provision for continuing education requirements to reflect changes in statute.
Provides specific contact hours required and licensure status.
Regulation 35-24.
Revises provision for continuing education programs. Maintains University of South
Carolina, Division of Continuing Education, as the certificating agent
Regulation 35-25.
Revises provision for fees pursuant to S.C. Code Section 40-1-50.
Regulation 35-26.
Revises provision for minimum requirements for crossover between licensed
cosmetologists and Master Hair Care Specialists.
Notice of Public Hearing and Opportunity for Public Comment:
Should a hearing be requested pursuant to Section 1-23-110(A)(3) of the 1976 Code, as
amended, such a hearing will be conducted at the Administrative Law Judge Division at
TIME on DAY, DATE. Written comments may be directed to Eddie L. Jones,
Administrator, South Carolina Board of Cosmetology, Department of Labor, Licensing,
and Regulation, Post Office Box 11329, Columbia, South Carolina 29211-1329, no later
than 5:00 p.m., DAY, DATE. If a qualifying request pursuant to Section 1-23-110(A)(3)
is not timely received, the hearing will be canceled.
Preliminary Fiscal Impact Statement:
There will be no cost incurred by the State or any of its political subdivisions.
85
Statement of Need and Reasonableness:
These regulations are amended in conformance with Cosmetology Practice Act.
DESCRIPTION OF REGULATION:
Purpose: The board is updating the regulations to reflect amendments to the practice
act (S.C. Code §40-13-10 et seq.) and simplify existing regulations. Proposed changes
include requirements for board notification of school closings and for transfer of student
records, for issuance of a cosmetology instructor’s license for all locations, and for
approval of persons with specialized training or education to teach cosmetology. Other
changes include an increase of hours in the nail technician and esthetics curriculums, and
an increase of bond fees as well as changes to the fee schedule.
Legal Authority: 1976 Code, Sections 40-13-60 and 40-1-70.
Plan for Implementation: The revised regulations will take effect upon approval by the
General Assembly and upon publication in the State Register. LLR will notify licensed
operators of the revised regulations and post the revised regulations on the agency’s web
site.
DETERMINATION OF NEED AND REASONABLENESS OF THE PROPOSED
REGULATION BASED ON ALL FACTORS THEREIN AND EXPECTED
BENEFITS:
The proposed regulations will prevent conflict between existing regulations and newer
legislation. The proposed regulations will standardize the terminology used to refer to
licensed nail technicians and to the nail technology taught and practiced. These changes
will aid the licensees in understanding their responsibilities to the public.
The proposed regulations reflect current knowledge on sanitizers and will eliminate
potential conflict between these regulations and the occupational safety and health
standards of the state.
DETERMINATION OF COSTS AND BENEFITS:
There is no cost incurred by the state.
UNCERTAINTIES OF ESTIMATES:
There are no uncertainties of estimates concerning the regulations.
EFFECT ON ENVIRONMENT AND PUBLIC HEALTH:
These regulations will have no effect on the environment. These regulations contribute
to the board’s function of protecting public health in the state of South Carolina.
86
DETRIMENTAL EFFECT ON THE ENVIRONMENT AND PUBLIC HEALTH IF
THE REGULATION IS NOT IMPLEMENTED:
There will be no detrimental effect on the environment and public health of this State if
these regulations are not implemented.
Statement of Rationale:
These regulations are repealed and updated in conformance with the current Board of
Cosmetology Practice Act.
Text:
35-1.
(A) Any person, firm, or corporation desiring to open any public or private cosmetology,
nail technology, or esthetics school (hereafter referred to as “school”) shall make
application to the State Board of Cosmetology at least sixty (60) days prior to the
anticipated opening date. Such application shall be made on a form prescribed by the
board. Each application shall be accompanied by the required application fee. In addition,
said applicant shall make available to the board at the time of filing the following
information:
(1) Name of owner if solely owned, names of partners if a partnership, names of
corporate officers and their respective office if a corporation; and
(2) The name of the school, its location, and the complete mailing address; and
(3) Floor plan drawn to scale showing placement of all equipment with all areas
designated to include a clinic, dispensary, classroom, office, and restrooms/dressing
rooms; and
(4) Other information which the board deems important in consideration of application
may be required.
(B) Cosmetology schools shall have a minimum of two thousand five hundred (2,500)
square feet of floor space to accommodate no more than sixty (60) students at any given
time. For more than sixty (60) students, additional space shall be designated
proportionately. Minimum square footage for the clinic area of the school must total sixty
(60) square feet per workstation.
(1) Each cosmetology school implementing a nail technology course shall designate at
least two hundred forty (240) square feet of enclosed floor space for every ten students or
fraction thereof. Enclosed space shall mean walls or partitions with a minimum height of
six feet. Enclosed space shall be visually separated from adjoining areas.
(2) Each cosmetology school implementing an esthetics course shall designate at least
two hundred forty (240) square feet of enclosed floor space for every ten esthetics
students or fraction thereof. Enclosed space shall mean walls or partitions with a
minimum height of six feet. Enclosed space shall be visually separated from adjoining
areas.
87
(C) Nail technology schools shall have a minimum of one thousand five hundred (1,500)
square feet of floor space to accommodate no more than thirty-five (35) students at any
given time. For more than thirty-five (35) students, additional space shall be designated
proportionately.
(D) Esthetics schools shall have a minimum of one thousand five hundred (1,500) square
feet of floor space to accommodate no more than thirty-five (35) students at any given
time. For more than thirty-five (35) students, additional space shall be designated
proportionately.
(E) Combination nail technology/esthetics schools shall have a minimum of two thousand
(2,000) square feet of floor space to accommodate no more than forty-five (45) students
at any given time. For more than forty-five (45) students, additional space shall be
designated proportionately.
(F) Application Approval/Disapproval. Upon receipt of the properly completed
application, prescribed fee and a detailed floor plan, the board may require a meeting
with the applicant to discuss the proposed school.
(1) The board shall review the application at the next scheduled board meeting
following receipt of the completed application and must report the approval or denial of
the proposed school.
(2) If the board denies the application, the applicant shall be promptly notified in
writing of the specific reasons of denial. Upon approval of the application, the board shall
so notify the applicant and schedule a preliminary inspection for the purpose of
determining the suitability of the proposed school’s space and design. The inspection
shall be conducted by the department and reported to the board.
(G) Final Inspection/License Issued.
Prior to the final inspection, every school shall furnish:
(1) A list of board approved equipment and sufficient training supplies, by quantity and
type; and
(2) A proposed course of study and schedule, in compliance with the board’s
mandatory minimum standard curriculum which said school shall teach; and
(3) A list of texts and materials conducive to learning the prescribed curriculum; and
(4) A schedule of the hours and days of the week the school will be in operation; and
(5) The name and address and license number of each registered instructor to be
employed. Each school shall employ at least one instructor for each course offered. If the
number of students attending in any particular course is greater than twenty (20), then
one additional instructor shall be employed for each twenty (20) additional students, or
fraction thereof, attending; two instructors if the number of students in attendance in the
school shall be more than forty (40), then one instructor for each additional twenty (20)
students in attendance shall be employed; and
88
(6) A surety bond to the board issued by a licensed bonding company doing business in
this state except in the case of a public school district. Such bond shall be in the penal
sum of fifty-thousand ($50,000) dollars, per location, and shall be conditioned upon the
faithful performance of the terms and conditions of all contracts entered into between the
school and persons enrolling therein. Suit on the bond may be brought by any student
injured by the breach of any of the conditions of the approved contract between the
student and the owner of the school on pre-paid tuition only. The bond shall be to the
State of South Carolina in favor of every person who pays or deposits any money with
the school as payment for instruction. Every bond shall continue in force and in effect
until notice of termination is given by registered mail to the board and every bond shall
set forth this fact; and
(7) After the inspection and approval, a license to operate the school shall be issued.
(H) Change of Location/Ownership/School Closing.
If, at any time during the year, the physical plant or operation of a school is moved to a
new location or address, or if ownership is transferred, or if the controlling interest of a
partnership or corporation is altered in such a way as to affect the ownership, or if the
name of the school changes, then the license for such school shall become void and a new
application shall be filed.
(1) Upon receipt of application and prescribed fee for change of school owner and/or
school name, the application shall be promptly processed and, if approved, a license
issued. Proof of bond transferal must be required.
(2) No school shall be reopened at a new location, until a new application is received
by the board, accompanied by the prescribed fee. The same application and application
procedures as a new school shall apply.
(3) Any school terminating its operation shall inform the board at least thirty (30)
working days prior to the anticipated termination date and in addition properly terminate
its students. If the school is being transferred to a new owner the school must certify and
transfer, to the new owner, any and all student records. If the school is being closed,
certified student records must be provided to the board in a format approved by the board
on or before the last day of operation. The school must provide to each current student a
certified transcript detailing hours obtained, completed, and for which the school has
been compensated.
(4) Prior to school closure, a record of all students’ transcripts, who are currently
enrolled and who have met contractual obligations, must be submitted within ten working
days, via certified mail, to the board office.
(5) If a school desires to relocate temporarily, it shall notify the board to receive
approval.
89
35-2.
School of Cosmetology:
All classroom and clinic instruction must be presented in an environment that meets or
exceeds the local state building, health and fire codes and must, at all times, be
maintained in safe and sanitary conditions. Classrooms and clinics shall be subject to
inspection by the department during hours of operation. They shall be of sufficient size to
accommodate all students enrolled in courses and shall meet all local, state and federal
building code requirements.
35-3.
(A) Basic course for a School of Cosmetology 1500 Hours Curriculum
Subjects
Hours
(1) Science of Cosmetology:
(a) Sanitation and Sterilization
(b) Personal Hygiene and Grooming
(c) Professionalism--Professional Ethics
(d) Public Relations, Salesmanship and Psychology
(e) Anatomy
(f) Dermatology
(g) Trichology
(h) Nail Structure
(i) Chemistry
(j) Safety Precautions (Public Safety)
45
30
35
50
45
25
25
15
100
30
(2) Practice of Cosmetology:
(a) Shampoos and Rinses (Safety)
45
(b) Scalp and Hair Care-Treatments (Safety)
30
(c) Hair Shaping (Safety)
150
(d) Hair Styling (Safety)
325
(i) Thermal Pressing
(ii) Thermal Curling
(iii) Wiggery
(iv) Roller Placement
(v) Molding
(vi) Pin Curling
(e) Nail Technology (Safety)
25
(f) Chemical (Cold) Waving, Chemical Relaxing or Straightening (Safety)
90
225
(g) Hair Tinting (Coloring) and Lightening (Bleaching) (Safety)
(h) Facial--Skin Care and Make-up (Safety)
(3) State Law: Rules, Regulations, Code
(4) Threading
(5) Unassigned: Specific Needs
Total
(B) Basic course for a School of Nail Technology 300 Hours Curriculum
Subjects
(1) Sanitation and Safety Measures
(a) Bacteriology
(i) Classifications
(b) Sanitation
(i) Chemical Agents
(ii) Sanitizing methods and Procedures
(2) Anatomy and Physiology (Arms, Hands, Feet)
(a) Nail Shapes, Structures, Growth
(i) Nail Irregularities
(ii) Nail Diseases
(b) Bones, Muscles, Nerves
(i) Bones of arm, hand
(ii) Muscles of arm, hand
(iii) Nerves of arm, hand
(c) Skin
(i) Histology
(ii) Functions
(d) Blood Circulation
(i) Blood Vessels
(ii) Blood supply of the arm, hand foot
(3) Nail Technology (hands and feet)
(a) Preparation
(b) Equipment and Implements
(c) Supplies
(d) Procedures
(i) Basic Nail Technology
(ii) Oil Nail Technology
(iii) Nail analysis
(iv) Hand and arm massage
(e) Pedicure
(f) Polish--Application
(g) Specific Needs
91
Hours
75
30
105
225
30
15
10
20
1500
(4) Artificial Nails
(a) Sculpturing (liquid and powder brush ons)
(b) Artificial nail tips
(c) Nail wraps and repairs
(d) Maintenance
(5) Power Equipment
(6) State Law
Total
50
25
15
300
(C) Basic course for a School of Esthetics 450 Hours Curriculum
Subjects
Hours
(1) Professional Practices
50
(a) Bacteriology and Sanitation
(i) Personal hygiene
(ii) Public health
(iii) Methods
(iv) Procedures
(b) Business Practices
(i) Management practices
(ii) Salon development
(iii) Insurance
(iv) Client records
(v) Salesmanship
(2) Sciences
(a) Histology of Skin
(i) Cell
(ii) Tissue
(b) Dermatology
(i) Structure of the skin and glands
(ii) Functions of the skin and glands
(iii) Conditions and disorders of the skin
(iv) Characteristics of the skin
(A.) Elasticity
(B.) Color
(C.) Skin types
(v) Nutrition
(A.) Nourishment of skin
(B.) Healthful diet
120
92
(c) Structure and Functions of Human Systems
(i) Skeletal
(ii) Muscular
(iii) Nervous
(iv) Circulatory
(v) Cosmetic Chemistry
(3) Facial Treatments
(a) Facial Massage
(i) Benefits
(ii) Analysis
(iii) Preparation
(iv) Types of Massage
(v) Manipulations
(vi) Safety measures
(b) Electrical current--facial treatments
(i) Types of current
(ii) Purpose and effects
(iii) Procedures
(iv) Safety measures
(v) Equipment
(c) Other kinds of Facial treatments
(i) Purpose and effects
(ii) Types and treatments
(iii) Preparation
(iv) Procedures
(v) Safety measures
(4) Hair Removal
(a) Depilatories
(b) Tweezing
(c) Waxing
(d) Threading
(e) Unassigned: Specific Needs
(5) Makeup
(a) Purpose and effects
(b) Supplies and implements
(c) Preparation
(d) Procedures
(e) Safety measures
(6) Body Wraps
(a) Purpose and effects
(b) Types or treatments
93
125
50
50
40
(c) Supplies and instruments
(d) Preparation
(e) Procedure
(f) Safety measures
(7) State Law, Rules, Regulations and Codes
Total
15
450
35-4.
(A) A license to teach cosmetology, nail technology or esthetics may be issued by the
board to any person who:
(1) submits an application for an instructor’s license on a form prescribed by the board;
and
(2) holds a high school diploma or a General Education Development (G.E.D.)
certificate; and
(3) is a licensed cosmetologist, nail technician or esthetician and has practiced for at
least two years or, after receiving a cosmetologist, nail technician or esthetician license,
has completed a seven hundred fifty (750) hour instructor training program meeting the
standards of 35-4(B); and
(4) has received forty-five (45) hours training in a teaching methods course approved
by the board; and
(5) pays the prescribed fee; and
(6) passes the instructor’s examination prescribed by the board; or
(7) alternately, for specialized theory hours, a person who has a minimum of five years
experience or a bachelor’s degree in a related profession, occupation or cognitive area,
may instruct the required theory classes with prior approval by the board.
(B) To be approved by the board, an instructor for a methods of teaching course must
qualify by:
(1) having a Masters degree in education, or
(2) having expertise in a board approved related field.
(C) The Student Instructor Training Program shall:
(1) consist of a minimum of seven hundred fifty (750) hours of instruction designed to
teach students the basics of instruction in a cosmetology, nail technology, or esthetics
program; and
(2) be conducted under the direct supervision of a licensed instructor in a school
licensed by this board. Instructors may supervise only one student at a time; and
(3) be required when an applicant does not meet the requirement of two years of
experience as a licensed cosmetologist, nail technician, or esthetician; and
(4) be limited to those persons currently licensed in South Carolina who hold a valid
high school diploma or General Education Development certificate (G.E.D.).
(D) The curriculum shall consist of:
94
(1) One hundred twenty-five (125) hours of instruction in basic teaching methods and
counseling techniques, development of lesson plans, South Carolina cosmetology laws
and regulations; and
(2) Two hundred forty (240) hours of instruction in theory, use of audio-visual
equipment, evaluation techniques and instruments, classroom observation, practice
teaching, and record keeping; and
(3) Two hundred forty (240) hours of instruction in sterilization and sanitation,
supervision of clinical activity, effective demonstration procedures, presentation of
styling techniques, student/patron relationship; and
(4) One hundred twenty (120) hours of instruction in state enrollment procedures and
requirements, financial aid requirements, inventory control and purchasing, student
scheduling, graduate records, licensure application forms; and
(5) Twenty-five (25) hours unassigned to be designated as needed on an individual
basis.
(E) Schools offering the Student Instructor Training Program shall submit a proposed
curriculum to the board for approval. The approved course must be adhered to. Any
change in the curriculum shall be submitted to the board for approval prior to
implementation. A copy of the approved curriculum must be given to each student.
(1) Before enrolling a student in the Student Instructor Training Program, the school
must disclose in writing that the course is not required for licensure as an instructor if the
enrollee has a cumulative total of twenty-four (24) months of experience as a licensed
cosmetologist, nail technician, or esthetician. The student must sign a statement that he or
she has been advised of all state instructor licensure requirements.
(2) The student instructor’s enrollment form shall be submitted to the board with the
required fees.
(3) A copy of the student instructor’s contract must be kept on file at all times and
available for inspection by the board or its agents.
(4) The school shall submit a copy of the student instructor’s high school diploma or
G.E.D. certificate, disclosure form, and a copy of the school contract within ten working
days.
(5) The student instructor shall be properly identified at all times.
(6) Schools shall notify the board within ten working days when a student instructor
drops from the program.
(7) The school must provide a certified transcript documenting the hours obtained by
the student instructor to the board after all contractual and financial obligations have been
met.
35-5.
(A) Upon determining that an applicant is eligible for examination, the board shall notify
the applicant at least ten days before the examination.
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(B) If an applicant fails to appear for a scheduled examination, the examination fee shall
be forfeited.
(C) The board may subscribe to the National Interstate Council of State Boards of
Cosmetology Testing Service or such other testing service as selected by the board for the
theory portion of the examination.
(D) The examination shall be administered in two separate parts.
(1) One part shall be the theory examination with a passing score determined by the
provider.
(2) One part shall be the practical examination with a passing score determined by the
provider.
(E) An applicant who fails either part of the examination must retake only the part of the
examination failed.
(F) An applicant desiring to be reexamined shall apply to the board on a form prescribed
by the board and pay the prescribed reexamination fee.
35-8.
Upon application and payment of the required fee, a license to teach cosmetology,
esthetics, or nail technology may be issued by the board to any person who:
(1) is currently licensed as an instructor in a state that has a nationally endorsed
examination ,or
(2) who is a licensed cosmetologist, esthetician or nail technician who has practiced for at
least two years in any other state and submits proof, satisfactory to the board, of having
completed instructor training which is substantially equivalent to requirements of this
state.
35-9.
The holders of current instructors’ licenses shall not be required to renew their
cosmetologist, esthetician or nail technician licenses as long as the instructor’s license is
renewed biennially and the instructor’s continuing education (CE) requirements are met.
(1) If the holder of a current instructor’s license chooses to receive a
cosmetologist, esthetician or nail technician license in addition to the instructor’s license,
the eligible license may be issued upon payment to the board of the prescribed renewal
fee.
(2) If the holder of a current instructor’s license chooses to no longer renew the
instructor’s license and elects instead to reactivate a cosmetologist, esthetician or nail
technician license, such license will be considered as being current with the instructor’s
license and the eligible license may be issued upon payment to the board of the
prescribed renewal fee.
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35-10.
(A) Contracts.
(1) The contract between a licensed school and a student shall include the total cost of
the course and supplies, including the cost of a kit if that cost is not otherwise included in
the cost of the course, the type of course to be taken, and the total hours of instruction
required for completion and a payment schedule.
(2) The school must provide each student with a copy of the signed contract.
(3) The contract will contain:
(a) a statement clearly indicating to the student that the school will not release, to any
licensing board or other schools, any certified hours or transcripts unless financial and
contractual obligations for those hours obtained have been met;
(b) a statement regarding any board approved teach-out agreement or the related
bond;
(c) a statement requiring a certified transcript be provided to any student who
withdraws. The transcript must include all hours obtained and a record of school
compensation; and
(d) a copy of all approved school rules and regulations.
(B) Records.
(1) Performance Records
(a) All schools shall keep a daily record of the daily attendance, hours earned per
day, total hours per month, and the total number to date of all students registered in any
program.
(b) Schools shall maintain at the school the names of the students enrolled, the total
hours previously recorded for each student, the total number of hours completed during
the month for each student, and the total cumulative number of hours for each student at
the end of the preceding month. This report shall reflect the student’s daily attendance
and whether the student is attending day or evening class.
(2) Signing of Records
(a) Both the instructor and the student shall verify and sign all hours on monthly
performance records. Students shall be provided a certified copy of their monthly
performance records.
(3) Maintaining Records
A student shall be given credit on the basis of one hour credit for one hour of actual
classroom instruction or one hour of actual clinic work. A record of this shall be
maintained by the school for not less than five years.
(4) Withdrawals
(a) The school will provide the student with a certified transcript of earned hours
within ten working days of the student’s withdrawal or graduation provided all
contractual agreements have been met.
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(C) Instructing Staff.
(1) Classroom Supervision
(a) An instructor shall be present in the classroom of school during all class and
study hours and must supervise all student practice work.
(b) During school or class hours, instructors shall be totally devoted to instructing
the students, and shall not apply their time to private or public practice for compensation.
(c) Instructors shall not permit students to instruct or teach other students in the
absence of an instructor.
(2) Schools must furnish to the board a list of all regular and emergency instructors and
schedules.
(3) Instructors may not teach more than one course at a time; however, supervising in
the teacher training program is not considered teaching a course.
(4) Schools shall provide separate instructors for each course offered at the ratio of one
instructor for every twenty students in attendance or portion thereof, but not including
student instructors.
(5) Absence of Instructor
(a) If an emergency situation arises and a substitute instructor is needed, the school
shall obtain a licensed instructor, if possible, to substitute and shall notify the board,
within five business days, of the emergency change in instructors.
(b) If a licensed instructor is not available, the board may, upon request of the
school, allow a currently licensed cosmetologist to teach temporarily, not to exceed thirty
calendar days without board approval.
(c) Schools must report any change in instructors or schedules to the board in
writing, including lists of the instructors and scheduled times of instruction and whether
the position is temporary, permanent, part time or full time. If the position is temporary,
notification must include the time scheduled for the position to be filled permanently.
(6) Teaching Aids
(a) Instructors may not use demonstrations of cosmetology devices, techniques or
preparations to evade the requirement for maintaining a proper instructor-student ratio,
but only to demonstrate unique and different devices, techniques and preparations to
students and instructors. A licensed instructor must be present in the classroom during
such demonstrations.
(b) The board reserves the right to require the addition of any equipment or supplies
it deems necessary for the full and complete instruction of students.
(D) Training Schedules.
(1) Class scheduling
(a) Schools offering day classes must conduct theory classes not less than six hours
per week.
(b) Schools offering evening classes must conduct theory classes not less than three
hours per week.
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(c) A school operating or planning to operate an evening class shall provide the
board with a schedule and the name of the instructor.
(d) No student shall be required or permitted to attend more than eight hours of
instruction or practice, or any combination thereof, in any one day, except that a student
may be permitted to complete a service in process.
(2) Advanced Training
Advance training courses must be operated separately from the basic cosmetology classes
and the students must be properly identified.
(E) Credit Hours.
(1) Schools may not give credit for hours or certify hours with the board until the
schools are properly licensed.
(2) A student shall be given credit on the basis of one hour clock credit for one hour of
actual classroom instruction or one hour of actual clinic work.
(3) Schools may not give credit for hours while in attendance at trade shows, seminars,
etc., without full supervision and proper documentation by the instructor. These hours
shall be creditable only if they are deemed educational.
(4) Hours recorded shall be verified monthly by both the instructor and the student and
both shall sign these records.
(5) Hours from other states.
(a) If a student from another state establishes residence in South Carolina, the South
Carolina Board will accept all certified hours from another state board but the student
must complete any additional hours necessary to equal South Carolina Board
requirements.
(b) In the event the state board of another state does not certify hours, the South
Carolina Board may accept certification by the school.
(6) The board shall approve any transfer of hours between cosmetology, nail
technology, or esthetics courses.
(7) Upon completion of the required number of hours the state board exam must be
taken within twenty-four months or the said hours become invalid.
(F) Services for the Public—Restrictions.
(1) Schools may only permit its students to practice upon members of the public
willing to submit themselves to such practice after being fully informed that the person
performing the services is a student.
(2) Curriculum - Schools must not allow students to practice on the public until they
have satisfied the prerequisite required training to provide those services.
(3) Each school shall display in a conspicuous place, visible upon entry to the school, a
sign stating that all services in the school are performed by students who are in training
and under the direct supervision of a licensed instructor.
(4) Schools may charge for work performed by students to help defray the cost of
operations. It must post or provide a price list for services rendered to the public in type
which can be easily read from a distance of ten feet.
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(5) Instructors shall not call a student from a theory class to work on the public.
(G) School Examinations.
(1) It shall be the duty of the teaching staff to give a final examination to every student
who is a candidate for a degree or diploma.
(2) A passing grade determined by the said school is required for graduation.
(H) School Standards.
(1) Board Requirements
(a) All school rules and regulations and any changes thereto must be approved by the
board.
(b) Schools shall permit the board, or its agents, to inspect the school and records
which pertain to this chapter at any time during regular school hours.
(2) A school may not operate with an enrollment of less than six active students.
(3) Schools may not recruit students from other schools or knowingly make false or
misleading statements to students about other schools.
(4) A school may not operate as a beauty salon or spa.
(5) If the school is closed, the board must be notified within ten working days via
certified mail.
(I) Student Standards.
(1) Students enrolled in a school shall wear name tags which clearly indicate that they
are students.
(2) Students shall wear professional attire while attending school.
(J) Advertising.
While schools may advertise, all school advertisements must clearly identify to the
consuming public that it is a school and that all services will be performed by students
under the direct supervision of a licensed instructor.
(K) Transcripts.
Upon obtaining hours, for which the school has been compensated for, the school shall
provide the student with a certified transcript on a board approved form:
(1) if the school closes; or
(2) the student withdrawals; or
(3) the student transfers; or
(4) any licensing request.
35-13.
A person currently licensed or certified to practice in another state or territorial
possession of the United States, or the District of Columbia, whose license is in good
standing, may be issued a license if the person has satisfactorily passed a nationally
recognized examination for entry into the profession.
35-15.
(A) Application for Licensure.
(1) For the purpose of this regulation, a salon is defined as a location, other than a
cosmetology school, at which cosmetology, nail technology or esthetics is practiced.
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(2) Any firm, person or corporation desiring to open a salon of cosmetology, nail
technology or esthetics shall make application to the State Board of Cosmetology at least
ten working days prior to opening date, stating the approximate date the salon will be
ready to open. Such application shall be made on a form provided by the board and shall
be accompanied by the required application fee.
(3) The applicant shall designate a manager of the salon who will be responsible for
compliance with this chapter and responsible for all personnel physically located in the
salon.
(4) If an applicant fails to meet all the licensure requirements, the board shall deny the
application, in writing, and shall list the specific requirements not met.
(5) An applicant denied salon licensure because of failure to meet the requirements set
by the board is not precluded from reapplying for licensure.
(B) Temporary Permit.
(1) When an application to operate a salon is approved by the board and an inspection
cannot be completed before the projected opening date, the board may issue a temporary
permit for not more than ninety (90) days to the owner to operate the salon until an
inspection can be made.
(2) If, upon inspection, the salon fails to meet all licensure requirements, the board
may, in its discretion, extend the temporary permit for not more than thirty (30)
additional days.
(3) Upon completion of a satisfactory salon inspection, any temporary permit
previously issued shall be relinquished to the board’s representative and a salon license
will be issued by the board.
(C) Inspections.
(1) The board or its designee shall conduct an inspection of the salon to ensure that all
licensure requirements have been met, within ten working days, prior to issuance of a
salon license.
(2) Licensed salons will be inspected periodically by a representative of the board.
(D) Change in Salon Location.
(1) A salon license shall be valid only for the location named and shall not be
transferable.
(2) Any request for a change in salon location shall be submitted to the board through a
new application, together with the required fee, twenty working days prior to the
proposed opening in the new location.
(E) Change in Salon Name and/or Salon Owner.
(1) A salon license shall be valid only for the owner named and the salon named, and
shall not be transferable.
(2) Any request for a change in salon name and/or salon owner shall be submitted to
the board through a new application, together with the required fee.
(F) Salon Closure.
(1) If a salon is closed permanently, the salon license shall be immediately returned to
the board. If a salon is temporarily closed for more than sixty (60) days, the salon owner
shall notify the board.
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(G) Renewal of Salon License.
(1) A salon license shall be renewed upon application, accompanied by the required
renewal fee, to the board before July 1 of the year in which such license expires.
35-16.
(A) Salons offering services in all phases of cosmetology shall maintain the following
minimum equipment:
(1) 1 Disinfectant (wet), large enough to totally immerse implements, with an EPAregistered hospital level disinfectant with demonstrated bactericidal, fungicidal,
pseudomonacidal and virucidal activity used according to manufacturer’s instructions.
(2) Sharps container for the disposal of used and/or contaminated implements. These
containers must be disposed of according to local bio-hazard disposal requirements.
(B) All salons shall have direct access to the following:
(1) Hot and Cold Running Water
(2) Rest Room Facilities
(3) Closed Cabinet for Clean Linens Storage
(4) Storage for Soiled Linen
(5) Fire Extinguisher
(6) First Aid Kit
(7) Covered Trash Containers
All salons shall provide other equipment as is necessary to offer those services available
in the salon in a safe and sanitary manner.
35-20.
(A) Enforcement.
(1) The holder or holders of a salon license or a school license, and the person in
charge of any such salon or school, shall be liable for implementing and maintaining the
sanitary rules in such salon or school individually and jointly with all persons in or
employed by or working in or on the premises of such salon or school. All licensed
cosmetologists, instructors, nail technicians and estheticians shall be held individually
liable for implementation and maintenance of the sanitary rules applicable to them.
(2) To assure compliance with the laws and regulations governing the operations of
salons and schools, the authorized representatives shall have access to the premises of
any salon or school, at any time that the instruction or practice of cosmetology is being
conducted.
(3) Refusal to permit, or interference with, an inspection constitutes a cause for
disciplinary action.
(4) A licensee’s failure to observe all rules and regulations on sanitation and to
maintain adequate precautionary measures for the public’s protection and safety is cause
for disciplinary action up to revocation of license. Failure to display, in full public view,
all licenses applicable to the salon or school and the persons therein engaged in the
practice of cosmetology as well as the sanitary rules and regulations and the sanitary
rating given to said salon or school, is sufficient cause for revocation of licenses.
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(5) A salon’s or school’s failure to receive a passing inspection is sufficient cause for
disciplinary action up to revocation of license, if not corrected by the next inspection.
Thirty days thereafter the board may schedule a show cause hearing in accordance with
the provisions as established by the statutes regulating cosmetology.
(B) Rules.
(1) Every salon and school must occupy a separate building, or part of a building which
is suitable to render adequate sanitary services to the public, wherein cosmetology may
be taught or practiced. Salons, schools, and barber shops must be separated from each
other by a solid wall from the floor to the ceiling. Salons and schools must also be
separated by solid walls.
(2) Salons and schools shall comply with all state and local building, plumbing and
electrical codes.
(3) Salons and schools shall comply with all relevant federal/state workplace safety
laws.
(4) The use of a salon or school as living, dining or sleeping quarters is prohibited.
(C) Residential Salons.
(1) Residential salons must maintain a separate entrance for clients, which entrance
shall not open from the living, dining or sleeping quarters, and all doors previously
opening into such quarters must be permanently sealed.
(2) No portion of the salon may be used as a portion of a private residence.
(3) Entrances must permit patrons to enter salon directly without requiring passage
through any portion of the residence.
(4) Separate toilet facilities for patrons must be provided apart from the living quarters.
(D) Physical Facilities of Salons and Schools.
(1) Cleanliness and Repair. Each salon and school must keep the floors, walls,
woodwork, ceilings, furniture, furnishings, and fixtures clean and in good repair.
(2) Water Supply. Each salon and school must provide a supply of hot and cold
running water.
(3) Toilet Facilities. Each salon and school must provide toilet and hand washing
facilities consisting of at least one commode and one lavatory in good working order,
with hot and cold running water, soap and individual towels. These facilities must be
separate and apart from living, dining or sleeping quarters. Restrooms may not be used
for storage.
(4) Drinking Water. Each salon and school must supply potable drinking water.
(E) Animals in Salons and Schools.
No person may bring any animal into, permit any animal to be brought into, or permit any
animal other than a service animal for the disabled to remain in, a salon or school.
(F) Infectious Disease.
(1) Licensees must not permit any person afflicted with an infestation of parasites or
with an infectious or communicable disease which may be transmitted during the
performance of the acts of cosmetology or any of its branches, to work or train in a salon
or in a school.
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(2) No salon or school may knowingly require or permit a student or person licensed by
the Board of Cosmetology to work upon a person known to suffer from any infectious or
communicable disease which may be transmitted during the performance of the acts of
cosmetology or any of its branches.
(3) No salon or school may require or allow a student or licensee of the Board of
Cosmetology to perform any service on a patron with a known infestation of parasites.
(G) Personal Cleanliness.
(1) Person and Wearing Apparel. The person and the uniform or attire worn by an
individual serving a patron must be clean and appropriate at all times.
(2) Washing Hands. Every person performing cosmetological services in a salon or
school must thoroughly wash his or her hands with soap and water or any equally
effective cleansing solution before serving each patron.
(H) Instruments and Supplies.
(1) Licensees and students must dispose of all supplies or instruments which come in
direct contact with a patron and cannot be disinfected (for example, cotton pads, emery
boards used on the natural nail, and neck strips) in a waste receptacle immediately after
their use.
(I) Disinfecting Nonelectrical Instruments and Equipment.
(1) Before use upon a patron, all non-electrical instruments with a sharp point or edge
which may on occasion pierce the skin and draw blood (scissors, razors, tweezers, cuticle
nippers, nail technician scissors, etc.) and all non-electrical instruments without sharp
points or edges (combs, brushes, rollers) and all instruments and accessories used in all
branches of cosmetology, including nail technology, must be disinfected in the following
manner:
(a) clean with soap (or detergent) and water, and then
(b) totally immerse implements with an EPA-registered hospital level disinfectant
with demonstrated bactericidal, fungicidal, pseudomonacidal and virucidal or
tuberculocidal activity used according to manufacturer’s instructions.
(2) All disinfected instruments must be stored in a clean, covered place.
(3) The disinfectant solutions specified in subdivision (1)
(a) shall remain covered at all times;
(b) shall be changed at least once per week or whenever visibly cloudy or dirty; and
(c) shall be of sufficient size to accommodate all instruments.
(3) All nondisinfected instruments (those that have been used on a patron or soiled in
any manner) must be placed in a properly labeled receptacle.
(J) Disinfecting Electrical Instruments.
(1) Licensees and students must disinfect clippers, vibrators, and other electrical
instruments prior to each use by:
(a) first removing all foreign matter; and
(b) disinfecting with EPA-registered hospital level disinfectant with demonstrated
bactericidal, fungicidal, pseudomonacidal and virucidal or tuberculocidal activity used
according to manufacturer's instructions.
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(2) All disinfected electrical instruments shall be stored in a clean, covered place.
(K) Liquids, Creams, Powders and Other Cosmetic Preparations.
(1) Storage. All liquids, creams and other cosmetic preparations must be kept in
properly labeled clean and closed containers. Powders may be kept in a clean shaker.
(2) Removal from Container. When only a portion of a cosmetic preparation is to be
used on a patron, licensees and students shall remove it from the container in such a way
as not to contaminate the remaining portion.
(L) Headrests, Shampoo Bowls, and Treatment Tables.
(1) Licensees and students must cover the headrest of chairs with a clean towel or
paper sheet for each patron.
(2) Shampoo trays and bowls must be cleansed with soap and water or other
detergent after each shampoo and kept in good repair and in a sanitary condition at all
times.
(3) Licensees and students must cover treatment tables with a clean sheet of
examination paper for each patron.
(M) Towels.
(1) Used Towels to Be Discarded. After a towel has been used once, it must be
deposited in a closed receptacle, and shall not be used again until properly laundered and
sanitized.
(2) Methods of Laundering. Used towels must be laundered either by regular
commercial laundering or by a noncommercial laundering process which includes
immersion in water at 140 degrees F for not less than fifteen (15) minutes during the
washing or rinsing operation.
(3) Storage. All clean towels must be stored in a closed cabinet.
(N) Bottles and Containers.
Licensees and students must distinctly and correctly label all bottles and containers in use
in a school or salon to disclose their contents. All bottles containing poisonous substances
shall be additionally and distinctly marked as such.
(O) Neck Strips.
Licensees and students must use sanitary neck strips or towels to keep the protective
covering from coming in direct contact with a patron's neck.
35-23.
(A) All persons licensed by the board as cosmetologists, nail technicians and estheticians
must show satisfactory evidence of twelve contact hours of instruction during the
preceding licensing period. At least 3 hours of instruction shall be in sanitation or health
and safety for clients.
(B) Initial License--Any person shall not be required to complete continuing education
during the first licensing period. During the second licensing period and thereafter, the
continuing education requirements shall apply.
(C) Expired License--Any license expired for up to four years may be reinstated if the
applicant pays the restoration fee and submits proof to the board of completion of
continuing education requirements for renewal.
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(1) After four years, the license is no longer renewable by payment of fees.
(2) After four years expiration of a license, the full examination must be repeated
(practical and theory). The license will then be considered on the same basis as a newly
licensed individual.
35-24.
(A) Continuing education programs shall meet the criteria established by the board in
conjunction with the Division of Continuing Education, University of South Carolina.
(1) The continuing education course shall meet the following criteria for approval:
(a) All education must be generic in nature, i.e., not teach a system, a method, or a
product.
(b) All education shall be conducted and monitored by a board approved
organization including the signing in and out of participants to assure the presence of
participants for the required contact hours.
(c) All organizations desiring to sponsor continuing education shall present to the
board prior to October 15 of each year a course outline which shall include but may not
be limited to the following:
____ Instructors Name(s) and summary of qualifications
____ Course outline including lesson plans
____ List of monitors
(B) Verification—Each licensee for renewal shall maintain evidence of having earned the
required number of hours of continuing education for a period of four years. These
records are subject to audit by the board and the licensee may be disciplined for failure to
maintain them.
(C) General--Program Format, Time Frame, Space.
(1) The program shall not include breaks and lunch periods in the calculation of credit
for time attended.
(2) The program shall be completely generic. No mention, promotion or selling of
products can take place.
(3) If the program for any reason is late starting, the ending time shall be extended
accordingly.
(4) There shall be no early dismissals except for emergencies.
(5) Adequate space shall be provided so that each attendee shall be able to see and hear
all segments of the program.
(6) Chairs shall be provided.
(7) Smoking shall be curtailed while the program is ongoing. Smoking shall take place
only during breaks and lunch periods or only in designated areas.
(8) All participants in the CE programs shall provide two forms of identification one of
which must be a government issued photographic identification any time they enter the
education area.
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(D) Instructors and Monitors of Continuing Education
(1) Instructors shall be licensed Instructors, Hair Fashion Committee Members or Hair
Designer Guild Members. Any deviation from this list must receive approval by the
board. Licensees of this board who participate in teaching a continuing education
program with instructors who do not meet these qualifications may be disciplined by the
board for aiding the unlicensed practice of cosmetology.
(a) Instructors shall not receive CE credit for any continuing education program they
teach.
(2) A monitor shall be on duty at all times while the program is ongoing.
(3) Monitors shall see that all attendees sign a check in and check out sheet.
(4) It shall be the duty of the monitor to see that order is maintained at all times and
that the verification of attendance forms and that the evaluation forms are completed and
signed at the end of the program.
(E) Verification Forms; Evaluation Forms--Verification of Attendance Forms and
Evaluation Forms shall not be passed out or completed until the program is over. All
applicants and providers shall complete a verification form, approved by the board and
the Division of Continuing Education, University of South Carolina, verifying their
attendance and must be submitted in a format approved by the board.
(1) The monitor shall verify the participants’ attendance and signature on the
verification form.
(2) Each sponsoring organization shall mail these forms to the University of South
Carolina, along with the required registration fee set by the University of South Carolina.
(3) The forms shall be kept on record with the University of South Carolina as
verification that the participants have met the continuing education requirements.
(4) All participants shall receive from the University of South Carolina a Continuing
Education Unit (CEU) Certificate proving verification.
(5) The verification forms shall be provided to the organizations by the Division of
Continuing Education, University of South Carolina.
(F) Certificating Agent.
The University of South Carolina, Division of Continuing Education, will serve as the
certificating agent providing University of South Carolina Continuing Education Unit
(CEU) Certificates for participants when the following conditions are met:
(1) The course submitted by any of the course providers must be fully approved by the
board. Complete copies of the course and instructor information (same information
requested by the board for course approval), as well as a copy of the approval form from
the board must be received by the Division of Continuing Education at least three (3)
weeks before the beginning date of the course(s). The information should also include
date(s), location(s), and times of the course(s).
(2) Providers who have received course approval from the board shall express their
desire, in writing to the Division of Continuing Education at the University of South
Carolina, to serve as the certificating agent for their course(s) at least two (2) weeks
before the beginning date(s) of the course(s).
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(3) Once the course has been approved by the board and the Association has officially
requested that the Division of Continuing Education serve as the certificating agent,
course attendance forms and general program evaluation forms can be obtained from the
Division of Continuing Education at least two (2) weeks prior to the start of the course(s).
A complete copy of all verification and evaluation forms must be forwarded to the
Division of Continuing Education before the certificating process can begin. Certificates
will be mailed to participants.
(4) The certificating costs shall include:
(a) a University of South Carolina (CEU) Certificate for participant; and
(b) a complete list of course participants and social security numbers forwarded to
the sponsoring Association and the board; and
(c) Permanent transcripts developed and maintained on each participant. Retrieval of
transcripts by participants will be subject to the policies of the University of South
Carolina.
(5) Verification forms shall be necessary for all participants in order to complete the
certificating process.
(G) Board to Observe Program--The board or its designated agents may observe any
continuing education program at any time.
35-25.
Fees will be established and adjusted pursuant to Section 40-1-50.
35-26.
(A) The board will issue Crossover Cosmetologist licenses to those licensed as Master
Hair Care Specialists by the South Carolina State Board of Barber Examiners, who will
submit a completed application, and proof of a current South Carolina Master Hair Care
Specialist license. Crossover Cosmetologist applicants must have a passing score on the
theory examination for that license and the total number of years experience and training
prescribed hereunder, and thereafter perform satisfactorily in all portions of the practical
examination prescribed by the board.
(B) Experience and training prerequisites to examinations.
(1) Five years of work experience as a Master Hair Care Specialist license.
(2) Four years work experience under such a license and one hundred (100) hours of
cosmetology school training approved by the board.
(3) Three years work experience under such a license and two hundred (200) hours of
cosmetology school training approved by the board.
(4) Any licensed Master Hair Care Specialist with less than three (3) years experience
must have three hundred fifty (350) hours of cosmetology school training approved by
the board.
(5) Any applicant must possess equal to or greater than current cosmetology education.
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SOUTH DAKOTA
No legislative changes at this time.
TENNESSEE
No legislative changes at this time.
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TEXAS
Effective September 1, 2009, the makeup of the Advisory Board on
Cosmetology has been changed to add one member who represents a
licensed public secondary or postsecondary beauty culture school or
program and one public member.
UTAH
No response from this state.
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VERMONT
No response from this state.
VIRGINIA
No response from this state.
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WASHINGTON
No legislative changes at this time.
WEST VIRGINIA
Please go to this site for the new code of West Virginia’s Board of Barbers and Cosmetologists.
The previous law was repealed and a new law was written.
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB2531 ENR
SUB.htm&yr=2009&sesstype=RS&i=2531
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WISCONSIN
No response from this state.
WYOMING
No legislative changes at this time.
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