LEGISLATIVE REPORT 2016 - NIC Testing...12 (3) two persons licensed as hairdressers under this chapter, one of 13 whom is also licensed as an esthetician under this chapter; [AND]

1

National-Interstate Council of

State Boards of Cosmetology, Inc. Founders of National Testing

LEGISLATIVE REPORT

2016

The NIC Legislative Committee Members wish to thank all

of the States who responded to our request for legislative

updates for 2016. This report is intended for informational

purposes only.

Respectively submitted,

NIC Legislative Committee

Darla Northway and Shawn Conder, Co- chairs,

Committee Members: Becky Brockmann

Rosanne Kinley

Kay Kendrick

aa

NICINC.

2

ALABAMA No Response Received

ALASKA

HB289 was the initial bill, was upgraded to Senate Bill (SB) 168 then was combined into

several other legislative projects, and was passed as Senate Bill 165; this project was signed

by the Governor on July 6, 2016.

The bill allows for the reconfiguration of our Board makeup by removing one barber seat,

adding a nail tech/manicurist seat, and one “any licensee” seat. The removal of one barber

seat will occur when one current barber seat terms out; our Boards and Commissions is

actively seeking a nail technician and will be reviewing statistical data to determine which

aspect could use additional Board representation. Following is a direct link to the Alaska

State Legislature web page addressing

SB165. http://www.akleg.gov/basis/Bill/Detail/29?Root=SB%20165

SB73 began as HB131 then was upgraded to SB73 during the fun legislative process. The

bill was signed into law by the Governor on May 26, 2015 and went into effect January 1,

2016. Following is a direct link to the Alaska State Legislature web page addressing HB131.

http://www.akleg.gov/basis/Bill/Detail/29?Root=HB%20131

This legislation removed our 12 hour manicurist license and upgraded Alaska to a nail

technician license. The nail technician license requires the completion of 250 school or 300

apprenticeship hours, followed by the NIC Nail Technician written examination. Attached is

a breakdown of the transitional regulation (12 AAC 09.006) addressing the transition for

currently licensed 12 hour manicurist and hairdressers (Required to renew a manicurist

license for 2017). There have also been updates to several other regulations which had

addressed the 12 hour manicurist license.

HOUSE BILL NO. 289

IN THE LEGISLATURE OF THE STATE OF ALASKA

TWENTY-NINTH LEGISLATURE – SECOND SESSION

A BILL

FOR AN ACT ENTITLED

1 "An Act relating to the membership of the Board of Barbers and Hairdressers."

2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

3 * Section 1. AS 08.13.010 is amended to read:

http://www.akleg.gov/basis/Bill/Detail/29?Root=SB%20165

http://www.akleg.gov/basis/Bill/Detail/29?Root=HB%20131

3

4 Sec. 08.13.010. Creation and membership of board. (a) There is created the

5 Board of Barbers and Hairdressers consisting of seven [SIX] members appointed by

6 the governor.

7 (b) The board consists of

8 (1) one person [TWO PERSONS] licensed as a barber [BARBERS]

9 under this chapter;

10 (2) one person licensed to practice body piercing or licensed to

11 practice tattooing and permanent cosmetic coloring under this chapter;

12 (3) two persons licensed as hairdressers under this chapter, one of

13 whom is also licensed as an esthetician under this chapter; [AND]

14 (4) one public member;

15 (5) one person licensed to practice manicuring under this chapter; 29-LS1367\A

HB 289 -2- HB0289a New Text Underlined [DELETED TEXT BRACKETED]

1 and

2 (6) one person licensed to practice any activity licensed under this

3 chapter.

4 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section

to

5 read:

6 TRANSITION. (a) Notwithstanding the provisions of AS 08.13.010, as amended by

7 sec. 1 of this Act, the members of the Alaska Board of Barbers and Hairdressers

appointed

8 under AS 08.13.010(b)(1) who are serving on the effective date of sec. 1 of this Act

may

9 continue to serve the term for which the member was appointed after the effective date

of sec.

10 1 of this Act. The member described under AS 08.13.010(b)(6), as amended by sec. 1

of this

11 Act, shall be appointed as soon after the effective date of sec. 1 of this Act as there is a

12 vacancy in the members appointed under AS 08.13.010(b)(1).

13 (b) The first person appointed under AS 08.13.010(b)(1), as it read on the day before

14 the effective date of this Act, whose term expires after the effective date of this Act

shall be

15 replaced with a person meeting the qualifications under AS 08.13.010(b)(6).

SENATE BILL NO. 73


TWENTY-NINTH LEGISLATURE - FIRST SESSION BY SENATOR HUGGINS BY REQUEST

Introduced: 3/11/15

Referred: Labor and Commerce, Finance

A BILL

FOR AN ACT ENTITLED

4

1 "An Act relating to the licensure of nail technicians and hairdressers; relating to

the

2 practice of manicuring; and providing for an effective date."



5 Sec. 08.13.040. Meetings and examinations. The board shall meet as often as

6 necessary to conduct its business. It shall conduct separate examinations covering the

7 following fields of practice: barbering, hairdressing, [ADVANCED] manicuring, and

8 esthetics. Examinations shall be given at least twice in every year for each of these

9 fields of practice for which applications for licensure [OR ENDORSEMENTS] are

10 pending. An applicant may take an examination in more than one field during the

11 same testing session. [THE BOARD MAY NOT REQUIRE AN APPLICANT FOR

12 LICENSURE AS A MANICURIST TO TAKE OR PASS AN EXAMINATION

13 CONDUCTED BY THE BOARD FOR THE FIELD OF MANICURING;

14 HOWEVER, NOTHING IN THIS SENTENCE PROHIBITS THE BOARD FROM 29-LS0712\A

SB 73 -2- SB0073A New Text Underlined [DELETED TEXT BRACKETED]

1 REQUIRING A LICENSED MANICURIST TO PASS AN EXAMINATION TO

2 OBTAIN AN OPTIONAL ENDORSEMENT AS AN ADVANCED MANICURIST

3 UNDER AS 08.13.080(c).]

4 * Sec. 2. AS 08.13.080(a) is amended to read:

5 (a) An applicant for an examination authorized under AS 08.13.040 must

6 (1) have successfully completed all courses that a school with a

7 curriculum in barbering approved by the board is required to teach in order to be

8 licensed under AS 08.13.110 if applying for a license to practice barbering;


10 curriculum in hairdressing approved by the board is required to teach to be licensed

11 under AS 08.13.110 if applying for a license to practice hairdressing;


13 curriculum in esthetics approved by the board is required to teach in order to be

14 licensed under AS 08.13.110 if applying for a license to practice esthetics;

15 (4) have successfully completed 250 hours of instruction in

16 manicuring from a school of manicuring or hairdressing licensed under

17 AS 08.13.110 if applying for a license to practice manicuring;

18 (5) have served an apprenticeship under AS 08.13.082;

19 (6) [(5)] specify the field of practice in which the applicant intends to

20 teach and have held a license to practice in the field for three years or have held a

21 license in the field for one year and have completed 600 hours of student training as

an

22 instructor in the field of practice from a licensed school with a curriculum approved

by

23 the board if applying for a license as an instructor [EXCEPT THAT A PERSON

24 LICENSED AS AN INSTRUCTOR IN HAIRDRESSING MAY BE AN

25 INSTRUCTOR IN MANICURING FOR COURSES THAT SATISFY THE

26 REQUIREMENT OF (b) OF THIS SECTION, AND THE BOARD MAY, BY

27 REGULATION, ESTABLISH REQUIREMENTS FOR OTHER MANICURING

5

28 INSTRUCTORS, INCLUDING INSTRUCTORS WHO TEACH COURSES THAT

29 SATISFY REQUIREMENTS FOR AN ADVANCED MANICURIST

30 ENDORSEMENT]; or

31 (7) [(6)] have completed [A COMBINATION OF] course work and, if 29-LS0712\A

SB0073A -3- SB 73 New Text Underlined [DELETED TEXT BRACKETED]

1 applicable, an apprenticeship acceptable to the board.

2 * Sec. 3. AS 08.13.082 is amended by adding a new subsection to read:

3 (e) The period of apprenticeship to qualify an applicant for a license to

4 practice manicuring shall be set by the board in regulation. The apprenticeship must be

5 served in a shop approved by the board.


7 (a) The board shall authorize the issuance of a license for the practice of

8 barbering, hairdressing, manicuring, or esthetics to each qualified applicant who has

9 passed an examination under AS 08.13.090 and meets other applicable

10 requirements under this chapter. [THE BOARD SHALL AUTHORIZE THE

11 ISSUANCE OF A LICENSE TO PRACTICE MANICURING TO EACH

12 APPLICANT WHO HAS SATISFIED THE REQUIREMENTS OF AS 08.13.080(b).

13 THE BOARD SHALL AUTHORIZE THE ISSUANCE OF AN ENDORSEMENT

14 TO A LICENSE TO PRACTICE MANICURING OR HAIRDRESSING

15 INDICATING THAT THE PERSON IS AN ADVANCED MANICURIST TO

16 EACH APPLICANT WHO HAS SATISFIED THE REQUIREMENTS OF

17 AS 08.13.080(c).] The board shall authorize the issuance of a license for the practice

18 of tattooing and permanent cosmetic coloring or for body piercing to each applicant

19 who has satisfied the requirements of AS 08.13.080(d).

20 * Sec. 5. AS 08.13.100(d) is amended to read:

21 (d) A person who holds a current valid license from a board of barbering,

22 hairdressing, manicuring, or esthetics in another state or who is licensed by another

23 state to practice tattooing and permanent cosmetic coloring or to practice body

24 piercing is entitled to a license [OR ENDORSEMENT] under this chapter without

25 examination or a new period of training in this state. An application must include

26 (1) proof of a valid license issued by another licensing jurisdiction; and

27 (2) proof of completed training, testing, and working experience that

28 the board finds to meet the minimum requirements of this state.


30 (d) The licensing and permit provisions of this chapter do not apply to

31 (1) a person practicing barbering, hairdressing, manicuring, or 29-LS0712\A


1 esthetics in a community having a population of less than 1,000 people that is not

2 within 25 miles of a community of more than 1,000 people and who uses only

3 chemicals available to the general public;

4 (2) [THE PRACTICE OF MANICURING BY A STUDENT AS

5 PART OF INSTRUCTION IN A 12-HOUR COURSE APPROVED UNDER

6 AS 08.13.110(b);

6

7 (3) A SHAMPOO PERSON;

8 (4)] a licensed health care professional;

9 (3) [(5)] a person licensed by another licensing jurisdiction in a field of

10 practice licensed by this chapter while demonstrating techniques or products to

11 persons holding licenses or permits under this chapter;

12 (4) [(6)] a person practicing tattooing and permanent cosmetic coloring

13 or body piercing solely on the person's own body.

14 * Sec. 7. AS 08.13.160(f) is amended to read:

15 (f) A person licensed under this chapter to practice hairdressing is considered

16 to be licensed to practice [MANICURING AND] limited esthetics under the same

17 license.

18 * Sec. 8. AS 08.13.175 is amended to read:

19 Sec. 08.13.175. Temporary license. A person who meets the requirements of

20 AS 08.13.080(a)(1), (2), (3), (4), (5) or (7) [(6)] is entitled to be temporarily licensed

21 after applying for examination under this chapter if the applicant works under the

22 direct supervision, and within the physical presence, of a person who is licensed in the

23 area of practice for which the applicant has applied for examination. A temporary

24 license issued under this section is valid for 120 days and is nonrenewable. A person

25 may not receive more than one temporary license for each area of practice licensed

26 under this chapter. An application for a temporary license must be signed by the

27 supervising licensee and accompanied by the temporary license fee required under

28 AS 08.13.185.


30 Sec. 08.13.180. Student permits. A person attending a licensed school of

31 barbering, hairdressing, manicuring, or esthetics and a person apprenticed to a 29-LS0712\A


1 licensed instructor in a shop approved by the board or receiving training from a

2 practitioner of tattooing and permanent cosmetic coloring or body piercing shall obtain

3 a student permit. A student permit to practice barbering or hairdressing is valid for two

4 years. A student permit to practice esthetics, tattooing and permanent cosmetic

5 coloring, or body piercing is valid for one year. A student permit may not be renewed,

6 but, upon application, the board may issue a new permit to the same person or extend

7 an expired permit to the date of the next scheduled examination. Credit earned under

8 an expired student permit may be transferred to a new permit as determined by the

9 board.

10 * Sec. 10. AS 08.13 is amended by adding a new section to read:

11 Sec. 08.13.183. Use of title; unlicensed use prohibited. (a) A person licensed

12 to practice manicuring in the state may use the title "licensed nail technician."

13 (b) A person who uses the title "licensed nail technician" who is not licensed

14 to practice manicuring under this chapter is guilty of a violation.


16 (a) The Department of Commerce, Community, and Economic Development

17 shall set fees under AS 08.01.065 for initial licenses [, ENDORSEMENTS,] and

18 renewals for the following:

19 (1) schools;

7

20 (2) school owners;

21 (3) instructor;

22 (4) shop owner;

23 (5) practitioner of barbering;

24 (6) practitioner of hairdressing;

25 (7) practitioner of manicuring;

26 (8) practitioner of esthetics;

27 (9) [ENDORSEMENT FOR ADVANCED MANICURIST;

28 (10)] practitioner of tattooing and permanent cosmetic coloring;

29 (10) [(11)] practitioner of body piercing;

30 (11) [(12)] temporary shop license;

31 (12) [(13)] temporary permit; 29-LS0712\A


1 (13) [(14)] temporary license;

2 (14) [(15)] student permit.

3 * Sec. 12. AS 08.13.080(b), 08.13.080(c), 08.13.110(b), and 08.13.110(c) are repealed.

4 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new

section to

5 read:

6 TRANSITIONAL PROVISION: EFFECT ON CURRENT LICENSEES AND

7 ENDORSEMENT HOLDERS. (a) On and after January 1, 2016, a person who holds a

valid

8 license to practice manicuring on January 1, 2016, may continue to engage in the

practice of

9 manicuring under the license until the license expires normally under AS 08.13, as AS

08.13

10 existed before January 1, 2016, but shall otherwise comply with AS 08.13, as

amended by this

11 Act.

12 (b) On and after January 1, 2016, a person who holds a valid endorsement to practice

13 advanced manicuring on January 1, 2016, is eligible to receive a manicuring license.

A license

14 issued under this subsection expires when the endorsement to practice advanced

manicuring

15 expires normally under AS 08.13, as AS 08.13 existed before January 1, 2016.

16 (c) On and after January 1, 2016, the holder of a valid license for a school of

17 manicuring may continue to operate a school of manicuring under the license until the

license

18 expires normally under AS 08.13, as AS 08.13 existed before January 1, 2016, if the

license

19 holder

20 (1) otherwise complies with AS 08.13, as amended by this Act; and

21 (2) during that period, and until the board adopts regulations under

22 AS 08.13.110, as amended by this Act, provides a curriculum that meets the

requirements of

8

23 regulations for qualifying students for advanced manicuring endorsement that were

adopted

24 by the board under AS 08.13.110(c), as AS 08.13.110(c) existed before January 1,

2016.


section to

26 read:

27 TRANSITIONAL PROVISION: REGULATIONS. The Department of Commerce,

28 Community, and Economic Development may adopt regulations necessary to

implement this

29 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but

not

30 before the effective date of secs. 1 - 12 of this Act.

31 * Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c). 29-LS0712\A


1 * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect January 1,

2016.

HOUSE BILL NO. 131


TWENTY-NINTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVE GATTIS

Introduced: 3/2/15

Referred: Labor and Commerce

A BILL

FOR AN ACT ENTITLED

1 "An Act relating to the licensure of nail technicians and hairdressers; relating to

the

2 practice of manicuring; and providing for an effective date."



5 Sec. 08.13.040. Meetings and examinations. The board shall meet as often as

6 necessary to conduct its business. It shall conduct separate examinations covering the

7 following fields of practice: barbering, hairdressing, [ADVANCED] manicuring, and

8 esthetics. Examinations shall be given at least twice in every year for each of these

9 fields of practice for which applications for licensure [OR ENDORSEMENTS] are

10 pending. An applicant may take an examination in more than one field during the

11 same testing session. [THE BOARD MAY NOT REQUIRE AN APPLICANT FOR

12 LICENSURE AS A MANICURIST TO TAKE OR PASS AN EXAMINATION

13 CONDUCTED BY THE BOARD FOR THE FIELD OF MANICURING;

14 HOWEVER, NOTHING IN THIS SENTENCE PROHIBITS THE BOARD FROM 29-LS0451\W


1 REQUIRING A LICENSED MANICURIST TO PASS AN EXAMINATION TO

9

2 OBTAIN AN OPTIONAL ENDORSEMENT AS AN ADVANCED MANICURIST

3 UNDER AS 08.13.080(c).]


5 (a) An applicant for an examination authorized under AS 08.13.040 must


7 curriculum in barbering approved by the board is required to teach in order to be

8 licensed under AS 08.13.110 if applying for a license to practice barbering;


10 curriculum in hairdressing approved by the board is required to teach to be licensed

11 under AS 08.13.110 if applying for a license to practice hairdressing;


13 curriculum in esthetics approved by the board is required to teach in order to be

14 licensed under AS 08.13.110 if applying for a license to practice esthetics;

15 (4) have successfully completed 250 hours of instruction in

16 manicuring from a school of manicuring or hairdressing licensed under

17 AS 08.13.110 if applying for a license to practice manicuring;

18 (5) have served an apprenticeship under AS 08.13.082;

19 (6) [(5)] specify the field of practice in which the applicant intends to

20 teach and have held a license to practice in the field for three years or have held a

21 license in the field for one year and have completed 600 hours of student training as

an

22 instructor in the field of practice from a licensed school with a curriculum approved

by

23 the board if applying for a license as an instructor [EXCEPT THAT A PERSON

24 LICENSED AS AN INSTRUCTOR IN HAIRDRESSING MAY BE AN

25 INSTRUCTOR IN MANICURING FOR COURSES THAT SATISFY THE

26 REQUIREMENT OF (b) OF THIS SECTION, AND THE BOARD MAY, BY

27 REGULATION, ESTABLISH REQUIREMENTS FOR OTHER MANICURING

28 INSTRUCTORS, INCLUDING INSTRUCTORS WHO TEACH COURSES THAT

29 SATISFY REQUIREMENTS FOR AN ADVANCED MANICURIST

30 ENDORSEMENT]; or

31 (7) [(6)] have completed [A COMBINATION OF] course work and, if 29-LS0451\W

HB0131a -3- HB 131 New Text Underlined [DELETED TEXT BRACKETED]

1 applicable, an apprenticeship acceptable to the board.

2 * Sec. 3. AS 08.13.082 is amended by adding a new subsection to read:

3 (e) The period of apprenticeship to qualify an applicant for a license to

4 practice manicuring shall be set by the board in regulation. The apprenticeship must be

5 served in a shop approved by the board.


7 (a) The board shall authorize the issuance of a license for the practice of

8 barbering, hairdressing, manicuring, or esthetics to each qualified applicant who has

9 passed an examination under AS 08.13.090 and meets other applicable

10 requirements under this chapter. [THE BOARD SHALL AUTHORIZE THE

11 ISSUANCE OF A LICENSE TO PRACTICE MANICURING TO EACH

12 APPLICANT WHO HAS SATISFIED THE REQUIREMENTS OF AS 08.13.080(b).

10

13 THE BOARD SHALL AUTHORIZE THE ISSUANCE OF AN ENDORSEMENT

14 TO A LICENSE TO PRACTICE MANICURING OR HAIRDRESSING

15 INDICATING THAT THE PERSON IS AN ADVANCED MANICURIST TO

16 EACH APPLICANT WHO HAS SATISFIED THE REQUIREMENTS OF

17 AS 08.13.080(c).] The board shall authorize the issuance of a license for the practice

18 of tattooing and permanent cosmetic coloring or for body piercing to each applicant

19 who has satisfied the requirements of AS 08.13.080(d).


21 (d) A person who holds a current valid license from a board of barbering,

22 hairdressing, manicuring, or esthetics in another state or who is licensed by another

23 state to practice tattooing and permanent cosmetic coloring or to practice body

24 piercing is entitled to a license [OR ENDORSEMENT] under this chapter without

25 examination or a new period of training in this state. An application must include

26 (1) proof of a valid license issued by another licensing jurisdiction; and

27 (2) proof of completed training, testing, and working experience that

28 the board finds to meet the minimum requirements of this state.


30 (d) The licensing and permit provisions of this chapter do not apply to

31 (1) a person practicing barbering, hairdressing, manicuring, or 29-LS0451\W


1 esthetics in a community having a population of less than 1,000 people that is not

2 within 25 miles of a community of more than 1,000 people and who uses only

3 chemicals available to the general public;

4 (2) [THE PRACTICE OF MANICURING BY A STUDENT AS

5 PART OF INSTRUCTION IN A 12-HOUR COURSE APPROVED UNDER

6 AS 08.13.110(b);

7 (3) A SHAMPOO PERSON;

8 (4)] a licensed health care professional;

9 (3) [(5)] a person licensed by another licensing jurisdiction in a field of

10 practice licensed by this chapter while demonstrating techniques or products to

11 persons holding licenses or permits under this chapter;

12 (4) [(6)] a person practicing tattooing and permanent cosmetic coloring

13 or body piercing solely on the person's own body.

14 * Sec. 7. AS 08.13.160(f) is amended to read:

15 (f) A person licensed under this chapter to practice hairdressing is considered

16 to be licensed to practice [MANICURING AND] limited esthetics under the same

17 license.


19 Sec. 08.13.175. Temporary license. A person who meets the requirements of

20 AS 08.13.080(a)(1), (2), (3), (4), (5) or (7) [(6)] is entitled to be temporarily licensed

21 after applying for examination under this chapter if the applicant works under the

22 direct supervision, and within the physical presence, of a person who is licensed in the

23 area of practice for which the applicant has applied for examination. A temporary

24 license issued under this section is valid for 120 days and is nonrenewable. A person

25 may not receive more than one temporary license for each area of practice licensed

11

26 under this chapter. An application for a temporary license must be signed by the

27 supervising licensee and accompanied by the temporary license fee required under

28 AS 08.13.185.


30 Sec. 08.13.180. Student permits. A person attending a licensed school of

31 barbering, hairdressing, manicuring, or esthetics and a person apprenticed to a 29-LS0451\W


1 licensed instructor in a shop approved by the board or receiving training from a

2 practitioner of tattooing and permanent cosmetic coloring or body piercing shall obtain

3 a student permit. A student permit to practice barbering or hairdressing is valid for two

4 years. A student permit to practice esthetics, tattooing and permanent cosmetic

5 coloring, or body piercing is valid for one year. A student permit may not be renewed,

6 but, upon application, the board may issue a new permit to the same person or extend

7 an expired permit to the date of the next scheduled examination. Credit earned under

8 an expired student permit may be transferred to a new permit as determined by the

9 board.

10 * Sec. 10. AS 08.13 is amended by adding a new section to read:

11 Sec. 08.13.183. Use of title; unlicensed use prohibited. (a) A person licensed

12 to practice manicuring in the state may use the title "licensed nail technician."

13 (b) A person who uses the title "licensed nail technician" who is not licensed

14 to practice manicuring under this chapter is guilty of a violation.


16 (a) The Department of Commerce, Community, and Economic Development

17 shall set fees under AS 08.01.065 for initial licenses [, ENDORSEMENTS,] and

18 renewals for the following:

19 (1) schools;

20 (2) school owners;

21 (3) instructor;

22 (4) shop owner;

23 (5) practitioner of barbering;

24 (6) practitioner of hairdressing;

25 (7) practitioner of manicuring;

26 (8) practitioner of esthetics;

27 (9) [ENDORSEMENT FOR ADVANCED MANICURIST;

28 (10)] practitioner of tattooing and permanent cosmetic coloring;

29 (10) [(11)] practitioner of body piercing;

30 (11) [(12)] temporary shop license;

31 (12) [(13)] temporary permit; 29-LS0451\W


1 (13) [(14)] temporary license;

2 (14) [(15)] student permit.

3 * Sec. 12. AS 08.13.080(b), 08.13.080(c), 08.13.110(b), and 08.13.110(c) are repealed.

12


section to

5 read:

6 TRANSITIONAL PROVISION: EFFECT ON CURRENT LICENSEES AND

7 ENDORSEMENT HOLDERS. (a) On and after January 1, 2016, a person who holds a

valid

8 license to practice manicuring on January 1, 2016, may continue to engage in the

practice of

9 manicuring under the license until the license expires normally under AS 08.13, as AS

08.13

10 existed before January 1, 2016, but shall otherwise comply with AS 08.13, as

amended by this

11 Act.

12 (b) On and after January 1, 2016, a person who holds a valid endorsement to practice

13 advanced manicuring on January 1, 2016, is eligible to receive a manicuring license.

A license

14 issued under this subsection expires when the endorsement to practice advanced

manicuring

15 expires normally under AS 08.13, as AS 08.13 existed before January 1, 2016.

16 (c) On and after January 1, 2016, the holder of a valid license for a school of

17 manicuring may continue to operate a school of manicuring under the license until the

license

18 expires normally under AS 08.13, as AS 08.13 existed before January 1, 2016, if the

license

19 holder

20 (1) otherwise complies with AS 08.13, as amended by this Act; and

21 (2) during that period, and until the board adopts regulations under

22 AS 08.13.110, as amended by this Act, provides a curriculum that meets the

requirements of

23 regulations for qualifying students for advanced manicuring endorsement that were

adopted

24 by the board under AS 08.13.110(c), as AS 08.13.110(c) existed before January 1,

2016.


section to

26 read:

27 TRANSITIONAL PROVISION: REGULATIONS. The Department of Commerce,

28 Community, and Economic Development may adopt regulations necessary to

implement this

29 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but

not

30 before the effective date of secs. 1 - 12 of this Act.

31 * Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c). 29-LS0451\W


13

1 * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect January 1,

2016.

2017-2019 12 Hour Manicurist License Renewal Requirements 12 AAC 09.006. TRANSITIONAL PROVISIONS FOR LICENSEES AND

ENDORSEMENT HOLDERS. (a) A person who holds a valid license to practice

manicuring on January 1, 2016, may continue to engage in the practice of manicuring under

the license until the license expires normally under AS 08.13, as AS 08.13 existed before

January 1, 2016, but otherwise shall comply with AS 08.13 as amended by ch.27,SLA 2015

(b) A person who is eligible to engage in the practice of manicuring under (a) of this section

may, for one renewal period, renew the person's license to practice manicuring if, before

August 31, 2017, the person

(1) submits proof satisfactory to the board that the person has completed 250 hours of work

experience as a manicurist; and

(2) has taken and passed a written or oral examination under AS 08.13.090.

(c) A person who holds a valid endorsement to practice advanced manicuring on January 1,

2016, is eligible to receive a nail technician license. A license issued under this subsection

expires when the endorsement to practice advanced manicuring expires normally under AS

08.13, as AS 08.13 existed before January 1, 2016.

(d) The holder of a valid license for a school of manicuring may continue to operate a school

of manicuring under the license until the license expires normally under AS 08.13, as AS

08.13 existed before January 1, 2016, if the license holder

(1) otherwise complies with AS 08.13, as amended by ch. 27, SLA 2015; and

(2) during that period provides a curriculum that meets the requirements of regulations for

qualifying students for advanced manicuring endorsement that were adopted by the board

under AS 08.13.110(c), as AS 08.13.110(c) existed before January 1, 2016.

Authority: AS 08.13.030 AS 08.13.040 AS 08.13.090

ALL 12 hour manicurist licenses will be null/void after August 31, 2019 and there will

be NO option to renew this license type. The following information is a breakdown of the above regulation, 12 AAC 09.006

(a) The option to renew a manicurist license that expired Aug. 31, 2015 is not available. All

12-hour manicurist licenses (doesn’t matter when expired/lapsed) must have been renewed

by Dec. 31, 2015.

(b) Prior to the Aug. 31, 2017 renewal date individuals who renewed for the 2015-2017 cycle

and are seeking to renew for the 2017-2019 cycle MUST:

(1) Submit documentation of 250 hours of work experience in manicuring. This work

experience will qualify the licensee to sit for the National Nail Technician written

examination.

(2) The examination must be passed on or before Aug. 31, 2017 to qualify for renewal

through Aug. 31, 2019. To continue providing manicuring/pedicuring services after Aug. 31,

2019, a nail technician license must be obtained. Manicurists who renewed through Aug. 31,

2019 (by submitting work experience and passing the written exam) will need to complete

250 school or 300 apprentice hours of training in an approved school or licensed instructor

followed by submitting the nail technician license application to be licensed.

14

IF the licensee submitted work experience and passed the written examination to renew their

12 hour manicurist license for the 2017-2019 cycle they will not be required to re-take the

written examination.

Another option to provide proof of training and qualify for a nail technician license:

1. If an individual obtained a minimum of 250 hours of training in another State; official

transcripts may be sent directly to this office by the issuing authority (school); or

2. If an individual holds a current manicurist/nail technician license issued by another State

Board that required a minimum of 250 hours of training, the individual may request

verification of that license be sent directly to this office by the issuing authority (State

Board).

It is recommended that a nail technician application and fees be submitted early on in the

process to avoid license lapse during the transition period when the 12 hour manicurist

licenses will be voided.

(c) Licensees who held the “advanced endorsement” on their 12-hour manicurist license were

issued the current nail technician license as the licensee completed a minimum of 250 hours

of training and passed the National Nail Technician written examination.

(d) A school licensed by this Board and approved by Alaska Postsecondary Education may

continue to provide manicuring training IF:

(1) Alaska Postsecondary Education approved the facility to provide a 250 hour course and;

(2) Request to add the 250 hour course was submitted to the Board, and a Board member

inspected the facility in accordance with 12 AAC 09.125(6)

ARIZONA

Arizona State Board Changes 2016

H/B 2035

Various changes relating to the Board of Cosmetology, including removing one

educator member from the Board and adding one public member. The

requirements for licensure as an aesthetician, cosmetologist, nail technician or

cosmetology instructor are expanded to include being at least 18 years of age.

Establishes a 6-member Cosmetic Lasers Study Committee to study the

regulatory framework and monitoring process for the use of cosmetic lasers.

The Committee is required to report its findings and recommendations to the

Governor and the Legislature by December 31, 2016 and self-repeals October

15

1, 2017.

Donna Aune

Executive Director

Arizona State Board Of Cosmetology

1721 E Broadway

Tempe AZ 85282

480-784-6963

ARKANSAS No Response Received

CALIFORNIA No Response Received

COLORADO No Response Received.

CONNECTICUT No Response Received

DELAWARE No Response Received.

DISTRICT OF COLUMBIA No Response Received.

tel:480-784-6963

16

FLORIDA No Response Received.

GEORGIA No Statute Changes this Legislative Session.

GUAM No Response Received.

HAWAII No Response Received.

IDAHO No Response Received.

ILLINOIS No Response Received.

INDIANA NOTE: The changes (new language in Bold Type. Deleted language stricken.

Effective date July 1, 2016.

Second Regular Session of the 119th General Assembly (2016) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana

Constitution) is being amended, the text of the existing provision will appear in this style type,

additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional

provision adopted), the text of the new provision will appear in this style type. Also, the

word NEW will appear in that style type in the introductory clause of each SECTION that adds

a new provision to the Indiana Code or the Indiana Constitution.

Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2015 Regular Session of the General Assembly.

17

HOUSE ENROLLED ACT No. 1172

AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana: SECTION 1. IC 25-8-2-2.7, AS AMENDED BY P.L.170-2013,

SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2016]: Sec. 2.7. (a) "Barbering" means performing one (1) or

more of the following practices upon the head, face, or neck of a

person:

(1) Cutting, trimming, styling, arranging, dressing, curling,

permanent waving, cleansing, bleaching, tinting, coloring, or

similarly treating hair.

(2) Shaving or trimming beards and mustaches, including the use of a straight razor. (3) Applying oils, creams, antiseptics, clays, powders, lotions, or

other preparations, either by hand or by mechanical appliances,

in the performance of facial or scalp massage.

(b) "Barbering" does not include performing any of the acts

described in subsection (a) when done:

(1) in treating illness or disease;

(2) as a student in a beauty culture school; or

(3) without compensation.

SECTION 2. IC 25-8-2-5, AS AMENDED BY P.L.170-2013,


JULY 1, 2016]: Sec. 5. (a) "Cosmetology" means performing any of the

HEA 1172 — Concur 2

following acts on the head, face, neck, shoulders, torso, arms, hands,

legs, or feet of a person:

(1) Cutting, trimming, styling, arranging, dressing, curling,

waving, permanent waving, cleansing, bleaching, tinting,

coloring, or similarly treating hair.

(2) Applying oils, creams, antiseptics, clays, lotions, or other

preparations to massage, cleanse, stimulate, manipulate, exercise,

or beautify.

(3) Arching eyebrows.

(4) Using depilatories. Removing superfluous hair from the body by the use of depilatories, waxing, or tweezers. (5) Manicuring and pedicuring.

(6) Shaving or trimming beards and mustaches. (7) Giving facials, applying makeup, and giving skin care. (b) "Cosmetology" does not include performing any of the acts

described in subsection (a):

(1) in treating illness or disease;

18

(2) as a student in a beauty culture school that complies with the

notice requirements set forth in IC 25-8-5-6;

(3) in performing shampooing operations; or

(4) without compensation.

(c) "Cosmetology" does not include performing the act of threading.

SECTION 3. IC 25-8-2-13 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2016]: Sec. 13. "Manicuring"

means cleaning, dressing, polishing, sculpting, tipping, or wrapping the

nails of a person. person's hand. SECTION 4. IC 25-8-2-18.5 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2016]: Sec. 18.5. "Pedicuring" means cleaning, dressing, polishing, sculpting, tipping, or wrapping the nails of a person's foot. SECTION 5. IC 25-8-3-5, AS AMENDED BY P.L.170-2013,


JULY 1, 2016]: Sec. 5. (a) Each of the members of the board must

reside in Indiana.

(b) The members of the board must meet the following

qualifications:

(1) Two (2) of the members must:

(A) possess a current cosmetologist license; and

(B) have practiced cosmetology in Indiana continuously for at

least five (5) years immediately before appointment.

(2) Two (2) of the members of the board must:


(A) possess a current barber license; and

(B) have practiced barbering in Indiana continuously for at

least five (5) years immediately before appointment.

(3) One (1) of the members must be an owner or operator of a

beauty culture school. However, the member may not be a

licensed barber or cosmetologist.

(4) One (1) of the members must be licensed as an electrologist,

an esthetician, or a manicurist.

(5) One (1) of the members must not have any association with

cosmetology or barbering, the practice of beauty culture, except

as a consumer.



JULY 1, 2016]: Sec. 23. (a) The board shall adopt rules under

IC 4-22-2 to:

(1) prescribe sanitary requirements for:

(A) beauty culture salons; and

(B) beauty culture schools;

(2) establish standards for the practice of cosmetology and the

19

operation of:

(A) beauty culture salons; and

(B) beauty culture schools;

(3) implement the licensing system under this article and provide

for a staggered renewal system for licenses; and

(4) establish requirements for beauty culture school uniforms for

students and instructors.

(b) The board shall adopt rules under IC 4-22-2 to specify whether the definition set forth in IC 25-8-2-5 includes the use of a straight razor. (b) (c) The board may adopt rules under IC 4-22-2 to establish the

following for the practice of cosmetology, barbering, electrology,

esthetics, or manicuring in a mobile salon:

(1) Sanitation standards.

(2) Safety requirements.

(3) Permanent address requirements at which the following are

located:

(A) Records of appointments.

(B) License numbers of employees.

(C) If applicable, the vehicle identification number of the

license holder's self-contained facility.

(4) Enforcement actions to ensure compliance with the

requirements under this article and all local laws and ordinances.




JULY 1, 2016]: Sec. 3. (a) The application described in section 2 of

this chapter must state that:

(1) as a requirement for graduation, the proposed school will

require its students to successfully complete at least the one

thousand five hundred (1,500) the hours of course work required

by the student's specific course of study to be eligible to sit for

the licensing examination;

(2) no more than ten (10) hours of course work may be taken by

a student during one (1) day;

(3) the course work will instruct the students in all theories and

practical application of the students' specific course of study;

(4) the school will provide one (1) instructor for each twenty (20)

students or any fraction of that number; an adequate number of instructors based on the subject matter and manner by which the material is being taught; (5) the school will be operated under the personal supervision of

a licensed beauty culture instructor;

(6) the person proposed school has obtained any building permit,

certificate of occupancy, or other planning approval required

20

under IC 22-15-3 and IC 36-7-4 to operate the school;

(7) the school, if located in the same building as a residence, will:

(A) be separated from the residence by a substantial floor to

ceiling partition; and

(B) have a separate entry;

(8) as a requirement for graduation, the proposed school must

administer and require the student to pass:

(A) a final practical demonstration examination of the acts

permitted by the license; and

(B) the written examination required under IC 25-8-4-7(b).

(9) the applicant has paid the fee set forth in IC 25-8-13-3.

(b) The hours of course work required under subsection (a)(1) for a student to sit for a licensing examination must be at least one thousand five hundred (1,500) hours if the student's course of study leads to the student sitting for either the cosmetology or barber licensing examination. SECTION 8. IC 25-8-5-4, AS AMENDED BY P.L.170-2013,


JULY 1, 2016]: Sec. 4. The board may adopt rules under IC 4-22-2

requiring that: (1) the curriculum offered by a beauty culture school licensed


under this chapter provide a minimum number of hours of

instruction of each of the subjects described in section 3(3)

3(a)(3) of this chapter; and (2) the facility be equipped with a minimum amount of space, equipment, and supplies for the specific courses of study the beauty culture school is offering to allow for flexibility in spatial design and equipment needs when the beauty culture school's curriculum and instructional approach is taken into consideration. SECTION 9. IC 25-8-5-4.6 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2016]: Sec. 4.6. The board may adopt rules under IC 4-22-2 that will allow curriculum offered by a beauty culture school licensed under this chapter to be delivered within a distance learning environment. Instructors used in the distance learning environment must be licensed under IC 25-8-6. SECTION 10. IC 25-8-7-2, AS AMENDED BY P.L.170-2013,


JULY 1, 2016]: Sec. 2. A person who wishes to obtain a beauty culture

salon license must:

(1) do one (1) or more of the following:

(A) Select a site for the salon which, if located in the same

building as a residence:

21

(i) is separated from the residence by a substantial floor to

ceiling partition; and

(ii) has a separate entry.

(B) Meet the requirements for a mobile salon as established by

the board under IC 25-8-3-23(b); IC 25-8-3-23(c); (2) if applicable, obtain any building permit, certificate of

occupancy, or other approval action required under IC 22-15-3

and IC 36-7-4 to operate the beauty culture salon;

(3) install the furnishings, if applicable, and obtain the salon

equipment required under rules adopted by the board; and

(4) submit a verified statement on a form prescribed by the board

that the beauty culture salon will be under the personal

supervision of a person who is licensed as a beauty culture

professional before the application was submitted under this

chapter.



JULY 1, 2016]: Sec. 3. The application described in section 2 of this

chapter must state that the applicant:


(1) is at least eighteen (18) seventeen (17) years of age;

(2) has successfully completed the tenth grade or received the

equivalent of tenth grade education;

(3) has graduated from a beauty culture school;

(4) has received a satisfactory grade (as defined by IC 25-8-4-9)

on an examination for cosmetologist license applicants prescribed

by the board;

(5) has not committed an act for which the applicant could be

disciplined under IC 25-8-14; and

(6) has paid the fee set forth in IC 25-8-13-7 for the issuance of a

license under this chapter.

SECTION 12. IC 25-8-12.5-4, AS AMENDED BY P.L.177-2009,


JULY 1, 2016]: Sec. 4. To receive a license issued under this chapter,

a person must:

(1) be at least eighteen (18) seventeen (17) 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

beauty culture 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

22

(6) pay the fee set forth in IC 25-8-13-11 for the issuance of a

license under this chapter.

HEA 1172 — Concur Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date: Time:

HEA 1172 — Concur

IOWA No Response Received.

KANSAS No Response Received.

KENTUCKY No Response Received.

LOUISIANNA No Response Received.

MAINE No Statute Changes this Legislative Session.

MARYLAND No Statute Changes at this time.

MASSACHUSETTS No Response Received.

23

MICHIGAN No Response Received.

\

MINNESOTA No Response Received.

MISSISSIPPI No Response Received.

MISSOURI No Statute Changes this legislative session.

MONTANA No Response Received.

NEBRASKA No Response Received.

NEVADA No Statute Changes - General Assembly Not in Session

until 2017.

NEW HAMPSHIRE No Response Received.

NEW JERSEY No Response Received.

24

NEW MEXICO No Statute Changes this Legislative Session.

NEW YORK No Response Received.

NORTH CAROLINA No Statute Changes this legislative session.

25

NORTH DAKOTA

26

27

28

29

30

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OHIO

The State of Ohio is currently working on two separate bills that revise the Ohio

Cosmetology licensing regulations: HB 277 and SB 213. SB213 passed the Senate early

this year and HB227 appears poised to pass out of committee soon. I do not know if the

bills will be reconciled and then acted on or if there will be a conference committee

between the two house to reconcile the differences.

Additionally, the Ohio State Board of Cosmetology was recently called before the Ohio

Sunset Review Committee to address the Committee’s proposal to combine the Ohio

Barber Board and the Ohio State Board of Cosmetology. So far, no bill has been drafted.

Submitted by,

Christopher H. Logsdon, M.B.A.

Executive Director

Ohio Board of Cosmetology

Office (614) 466-3834

www.cos.ohio.gov

OKLAHOMA

The following is a very brief summary of the rule changes effective September 1, 2016:

Chapter 1

175:1-5-4 - amendments to citations and fines

175:1-5-19 – amendments to citations and fines

Chapter 10

175:10-3-1 – eliminates the requirement to have 23 students to open a school

175:10-3-60 – requires quarterly submission of student hour reports to the Board

175:10-3-61 – student must pay tuition in full before school may release hours or allow

registration for exam

175:10-3-67 – student cannot transfer to another school unless tuition has been paid in

full

175:10-7-17 – persons practicing in an establishment must have a current form of photo

id on their person and be prepared to produce it to the Inspector at time of inspection

175:10-17-29 – clarification that invasive procedures which result in the removal,

destruction, incision or piercing of the skin beyond the stratum cornium is prohibited

175:10-7-32 – allows for licensing provisions for a kiosk style establishment

The following is a very brief summary of the new Massage Therapy Practice Act

effective August 25, 2016:

The grandfathering clause allows an applicant to make application for license by

submitting the application form for license, $25 cashier’s check or money order along

with the documented proof of:

32

a. proof of current maintenance of liability insurance for the practice of Massage

Therapy

b. One of the following:

a. An affidavit of at least (5) five years of work experience (forms are available on the

Board’s website at www.cosmo.ok.gov) OR

b. Certificate and transcript of completion from a massage school with at

least five hundred (500) hours of education. OR

c, Successful completion of a nationally recognized competency

examination in the practice of Massage Therapy

Persons issued a license under the grandfathering clause will be issued a license effective

until May 1, 2017. Licensee will then be required to renew the license with applicable

fee. Persons NOT taking advantage of the grandfathering clause and applying for

licensure after May 1, 2017, will be required to be at least 18 years of age, provide

documentation that the applicant has completed the equivalent of 500 hours of formal

education in massage therapy from a state licensed school, provide documentation that

the applicant has passed a nationally recognized competency examination approved by

the Board, provide proof that the applicant currently maintains liability insurance for the

practice of massage therapy AND provides full disclosure to the Board of any criminal

proceeding taken against the applicant including but not limited to pleading guilty,

pleading nolo contendere or receiving a conviction of a felony, contendere or receiving

conviction for violation of federal or state controlled dangerous substance laws.

OREGON No Response Received.

PENNSYLVANIA No Response Received.

PUERTO RICO No Response Received.

RHODE ISLAND No Response Received.

SOUTH CAROLINA No Response Received.

http://www.cosmo.ok.gov/

33

SOUTH DAKOTA No Statute Changes this Legislative Session.

TENNESSEE

PUBLIC CHAPTER NO. 561 SENATE BILL NO. 1536

By Bell Substituted for: House Bill No. 1582 By Faison, Ragan, Hardaway AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29; Title 62, Chapter 3 and Title 62, Chapter 4, relative to the state board of cosmetology and barber examiners. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 4-29-237(a), is amended by deleting subdivision (45) in its entirety. SECTION 2. Tennessee Code Annotated, Section 4-29-239(a), is amended by inserting the following as a new subdivision:

( ) State board of cosmetology and barber examiners, created by §§ 62-3-101 and 62-4-103; SECTION 3. The division of state audit shall return to the state board of cosmetology and barber examiners in 2017 for the purpose of conducting a question and answer review of the board. The division of state audit shall complete the question and answer review within a period sufficient to allow for its timely review by the government operations joint subcommittee on commerce, labor, transportation, and agriculture. SECTION 4. This act shall take effect upon becoming a law, the public welfare requiring it.

PASSED:

SENATE BILL NO. 1536 - February 18, 2016

PUBLIC CHAPTER NO. 719

SENATE BILL NO. 2594

By Norris Substituted for: House Bill No. 2496 By Akbari, Love, Gilmore, Daniel, Favors, Hardaway, Camper, Turner AN ACT to amend Tennessee Code Annotated, Title 57; Title 62; Title 63; Title 68 and Title 69, relative to professions. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 57-3-703(a)(1), is amended by deleting the subdivision and substituting the following: (1) Has not been convicted of a felony for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the commission;

34

SECTION 2. Tennessee Code Annotated, Section 57-3-704(a)(3), is amended by deleting subdivision (A) and substituting the following: (A) Has not been convicted of a felony for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the commission; SECTION 3. Tennessee Code Annotated, Section 62-3-121 (1), is amended by deleting the subdivision and substituting the following: (1) Conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently, as determined by the board; SECTION 4. Tennessee Code Annotated, Section 62-18-116(a)(1), is amended by deleting subdivision (E) and substituting the following: (E) Any conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently, as determined by the board; or SECTION 5. Tennessee Code Annotated, Section 62-18-217(a)(1), is amended by deleting subdivision (B) and substituting the following: (B) A felony for the commission of an offense that bears directly on the licensee's fitness to practice competently, as determined by the commissioner; or SECTION 6. Tennessee Code Annotated, Section 63-24-107(b), is amended by deleting the word "or" at the end of subdivision (5); by deleting the period (.) at the end of subdivision (6) and substituting the language "; or"; and by adding the following as a new subdivision: (7) Been convicted of a felony for the commission of an offense that bears directly on the person's fitness to practice competently, as determined by the board. SECTION 7. Tennessee Code Annotated, Section 63-30-103(c)(4), is amended by deleting the subdivision and substituting the following: (4) A statement certifying that the applicant has not been convicted of a felony under the laws of this state or any other state for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the division; and SB 2594 SECTION 8. Tennessee Code Annotated, Section 63-30-111 (a)(6), is amended by deleting the subdivision and substituting the following: (6) The practitioner is convicted of a felony for the commission of an offense that bears directly on the practitioner's fitness to practice competently, as determined by the division; SECTION 9. Tennessee Code Annotated, Section 68-104-204(1), is amended by deleting the subdivision and substituting the following: (1) Make application to the fire marshal on a form prescribed by the fire marshal. The application must be accompanied by the required fee. An individual seeking a license as a sole proprietor or on behalf of a business entity must be at least twenty-one (21) years of age and not have been convicted of or pleaded guilty or nolo contendere to a state or federal felony for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the fire marshal. In the case of a business entity seeking a license, no officer or member of its governing board may have been convicted of or pleaded guilty or nolo contendere to a state or federal felony for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the fire marshal; and SECTION 10. Tennessee Code Annotated, Section 69-10-105(a)(7), is amended by deleting the subdivision and substituting the following: (7) Has been convicted of a felony for the commission of an offense that bears directly on the fitness of the applicant or holder to practice competently, as determined by the commissioner. SECTION 11. This act shall take effect upon becoming a law, the public welfare requiring it, and shall apply to actions instituted by state entities on or after the effective date of this act.

2

PASSED:

35

SENATE BILL NO. 2594 - March 24, 2016


SENATE BILL NO. 2167 By Tate Substituted for: House Bill No. 2486 By Akbari, Parkinson, Hardaway, Camper AN ACT to amend Tennessee Code Annotated, Title 55; Title 62 and Title 68, relative to mobile businesses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 62, Chapter 3, is amended by adding the following as a new section: (a) No person shall operate a mobile shop, as defined in§ 62-4-102, where barbering or barber styling is practiced without a valid certificate of registration for a mobile shop issued by the board. Application for the certificate shall be made upon application forms furnished by the board. who: (b) The board shall issue a certificate of registration for a mobile shop to an applicant (1) Holds a valid, current certificate of registration for a barber shop that has a fixed location; (2) Pays an application fee in an amount set by the board by rule, not to exceed the cost of administering this section; (3) Pays an initial registration fee in the amount set by the board by rule; and (4) Undergoes and passes an initial inspection. (c) A certificate of registration for a mobile shop shall be subject to renewal at the same time that the registrant's barber shop registration is subject to renewal pursuant to § 62-3-129. The renewal fee for a certificate of registration for a mobile shop shall be set by the board by rule. (d) A mobile shop for which a certificate of registration is issued shall be subject to all of the health and safety requirements that apply to barber shops that have a fixed location under this chapter and the rules promulgated pursuant thereto; provided, that a mobile shop shall not be required to have a restroom and that the board may promulgate rules allowing or requiring mobile shops to have equipment different from shops with a fixed location. (e)(1) The board may either refuse to issue or renew or may suspend or revoke any certificate of registration for a mobile shop for any of the reasons in§ 62-3-121. (2) The board shall revoke any certificate of registration for a mobile shop if the registrant's certificate of registration for a barber shop that has a fixed location expires or is revoked. (3) If a registrant's certificate of registration for a barber shop that has a fixed location is suspended, the board shall also suspend any certificate of registration that has been issued to such registrant for a mobile shop for the same period of time. SB 2167 SECTION 2. Tennessee Code Annotated, Section 62-3-109(d), is amended by deleting the language "licensed funeral establishment, nursing home," and substituting instead "licensed funeral establishment, registered mobile shop, nursing home,". SECTION 3. Tennessee Code Annotated, Section 62-4-102(a), is amended by adding the following as a new subdivision: ( ) "Mobile shop" means any self-contained, self-supporting, enclosed motor vehicle that may be used as a barber shop, cosmetology shop, dual shop, manicure shop, skin care shop, or any other category of shop licensed by the board.

36

SECTION 4. Tennessee Code Annotated, Title 62, Chapter 4, is amended by adding the following as a new section: (a) No person shall operate a mobile shop without a valid mobile shop license issued by the board. Application for the license shall be made upon application forms furnished by the board. (b) The board shall issue a license for a mobile shop to an applicant who: (1) Holds a valid, current license for a shop that has a fixed location; (2) Pays an application fee in an amount set by the board by rule, not to exceed the cost of administering this section; (3) Pays an initial license fee in the amount set by the board by rule; and (4) Undergoes and passes an initial inspection. (c) A license for a mobile shop shall be subject to renewal at the same time that the licensee's shop license is subject to renewal pursuant to§ 62-4-118(h). The renewal fee for a license for a mobile shop shall be set by the board by rule. (d) A mobile shop for which a license is issued shall be subject to all of the health and safety requirements that apply to shops that have a fixed location under this chapter and the rules promulgated pursuant thereto; provided, that a mobile shop shall not be required to have a restroom and that the board may promulgate rules allowing or requiring mobile shops to have equipment different from shops with a fixed location. (e)(1) The board may either refuse to issue or renew or may suspend or revoke any license for a mobile shop for any of the reasons in § 62-4-127. (2) The board shall revoke any license for a mobile shop if the licensee's license for a shop that has a fixed location expires or is revoked. (3) If a licensee's license for a shop that has a fixed location is suspended, the board shall also suspend any license that has been issued to such licensee for a mobile shop for the same period of time. SECTION 5. Tennessee Code Annotated, Section 62-4-125(d)(2), is amended by inserting the following as a new subdivision: (G) In a licensed mobile shop. SECTION 6. For purposes of promulgating rules, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, this act shall take effect January 1, 2017, the public welfare requiring it. 2

PASSED:

SENATE BILL NO. 2167 - April 13, 2016

PUBLIC CHAPTER NO. 991 SENATE BILL NO. 2374

By Bell Substituted for: House Bill No. 2373 By Parkinson, Powell AN ACT to amend Tennessee Code Annotated, Title 62, Chapter 3 and Title 62, Chapter 4, relative to the cosmetology and barber examiners board. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 62-3-123(a)(1), is amended by deleting the language "no more than eight (8) hours per day or forty (40) hours per week" and substituting instead the language "no more than ten (10) hours per day, six (6) days per week, or forty-eight (48) hours per week". SECTION 2. Tennessee Code Annotated, Section 62-4-122(c), is amended by deleting the

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language "more than eight (8) hours per day or forty (40) hours per week" and substituting instead the language "more than ten (10) hours per day, six (6) days per week, or forty-eight (48) hours per week". SECTION 3. Tennessee Code Annotated, Section 62-4-120(b)(4), is amended by deleting the subdivision and substituting instead "A true and exact copy of the standard contract that each prospective student shall be required to execute for enrollment". SECTION 4. Tennessee Code Annotated, Section 62-3-123(a), is amended by adding the following language as a new subdivision: (3) Provide a true and exact copy of the standard contract that each prospective student shall be required to execute for enrollment. SECTION 5. Tennessee Code Annotated, Section 62-3-124(a), is amended by deleting the subsection and substituting instead the following language: who: (a) The board shall issue a certificate of registration as a barber instructor to a person (1)(A) Files an application with the board in the form that the board may prescribe, accompanied by the examination fee required by§ 62-3-129; (B) Holds a valid certificate of registration as a master barber and has been duly registered as a master barber for a period of at least three (3) consecutive years prior to filing an application to be an instructor; (C) Has completed the twelfth grade in an accredited school or the equivalent; (D) Completes an examination prescribed by the board; and (E) For all applications submitted on or after July 1, 2017, completes a three hundred (300) hour instructor training program at a board-certified barber school; or SB 2374 (2)(A) Files an application with the board on or before June 30, 2017, in a form

prescribed by the board, accompanied by the examination fee required by § 62-3-129; (8) Holds a valid certificate of registration as a master barber and has completed a four-hundred-fifty-hour instructor training program at a boardcertified barber school; (C) Has completed the twelfth grade in an accredited school or the equivalent; and (D) Completes an examination prescribed by the board. SECTION 6. Tennessee Code Annotated, Section 62-4-102(a)(3), is amended by adding the following language as new subdivisions: ( ) Shampooing ( ) Natural hair styling SECTION 7. Tennessee Code Annotated, Section 62-4-108, is amended by deleting the language "manicuring or aesthetics" and substituting instead "manicuring, aesthetics, or natural hair styling". SECTION 8. Tennessee Code Annotated, Section 62-4-102(a)(20), is amended by deleting the language "or skin care shop" and substituting instead ", skin care shop, or natural hair styling shop". SECTION 9. Tennessee Code Annotated, Section 62-4-102(a), is amended by adding the following language as a new appropriately designated subdivision: ( ) "Natural hair styling shop" means a place of business where a person licensed pursuant to this chapter performs or offers to perform only natural hair styling for a fee or other form of compensation; SECTION 10. Tennessee Code Annotated, Section 62-4-102(a)(4), is amended by deleting the language "or skin care shop" and substituting instead ", skin care shop, or natural hair styling shop".

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SECTION 11. Tennessee Code Annotated, Section 62-3-113, is amended by deleting the language "before the board" and substituting instead the language "as determined by the board". SECTION 12. This act shall take effect July 1, 2016, the public welfare requiring it.

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PASSED:

SENATE BILL NO. 2374 - April 13, 2016


SENATE BILL NO. 2534 By Norris, Watson Substituted for: House Bill No. 2569 By McCormick, Kevin Brooks, Forgety AN ACT to amend Tennessee Code Annotated, Section 46-2-101; Section 56-1-213 and Title 62, relative to professional licenses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 46-2-101, is amended by deleting the section in its entirety and substituting instead the following language: (a)(1) The owner of every cemetery may make, adopt, and enforce, and from time to time may amend, add to, revise, change, modify, or abolish, reasonable rules and regulations for: (A) The use, care, control, management, restriction, and protection of the cemetery, and of all parts and subdivisions of the cemetery; (B) Restricting, limiting, and regulating the use of all property within the cemetery; (C) Regulating and preventing the introduction and care of plants or shrubs within the grounds; (D) Regulating the conduct of persons and preventing improper assemblages in the cemetery; and (E) All other purposes deemed necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection or safeguarding of the premises and the principles, plans, and ideas on which the cemetery was organized. (2) The owner of the cemetery may prescribe penalties for the violation of any rule or regulation. These penalties may be recovered by the owner of the cemetery in a civil action. (3) The rules and regulations shall be plainly printed or typewritten, posted conspicuously and maintained, subject to inspection and copying, at the usual place for transacting the regular business of the cemetery; provided, that no cemetery to which the provisions of chapter 1 of this title are applicable has the power to adopt any rule or regulation in conflict with any of the provisions of chapter 1 of this title or in derogation of the contract rights of lot owners. (b)(1) The owner of every cemetery has the further right to establish reasonable rules and regulations regarding the type, material, design, composition, finish, and specifications of all commodities to be used or installed in the cemetery. The rules and regulations shall be posted conspicuously and maintained, subject to inspection and copying, at the usual place for transacting the regular business of the cemetery. No cemetery owner has the right to prevent the use of any commodity purchased by a lot owner, or the owner's representative, agent, or heirs or assigns from any source;

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provided, that the use meets the rules. SB 2534 (2) A cemetery owner shall be permitted to prohibit the installation of a commodity by noncemetery personnel; provided, that the fee charged by the cemetery owner for installation of the commodity does not exceed twenty-six cents (26¢) per square inch of the ground covered by the commodity. At the end of each calendar year, the cemetery owner shall be permitted to increase the fee for the installation of commodities by no more than the percentage representing the consumer price index at the end of that calendar year. The charge for installation of a commodity by the cemetery owner shall be the same to all persons, regardless of the source of the commodity. The cemetery owner shall install all commodities furnished from sources other than the cemetery within thirty (30) days of the receipt of the commodity, weather permitting. (3) If the fee charged by a cemetery owner for installation of a commodity exceeds the fee scale described in subdivision (b)(2), then the cemetery owner shall permit installation of the commodity by noncemetery personnel, if requested by the lot owner, or the owner's representative, agent, or heirs or assigns. If noncemetery personnel are permitted to install a commodity, they shall not be denied reasonable access to the lot or grave space for the purpose of installing or servicing the commodity. The cemetery owner shall not deny information pertinent to the place of burial and respective grave location or installation location of the commodity. The information shall be furnished within a reasonable period of time, not to exceed fourteen (14) days after receipt of the request for information. The cemetery owner shall not charge for furnishing the information necessary for the proper installation of the commodity. (c) The cemetery owner shall not charge for any service not performed. The cemetery owner shall be allowed to charge an administrative, processing, or documentation fee; provided, however, that the fee is an equal amount charged to all cemetery customers and that the fee shall 11ot exceed one hundred dollars ($100) per agreement or transaction, including, but not limited to, allowing noncemetery personnel to install or have installed a commodity or monument. The cemetery owner shall not charge any fees on any transaction in addition to the cost of the merchandise or services other than the administrative, processing, or documentation fee. (d) All cemetery owners shall have a full and complete schedule of all charges for services provided by the cemetery plainly printed or typewritten, posted conspicuously and maintained, subject to inspection and copying, at the usual place for transacting the regular business of the cemetery. Any cemetery company that sells funeral merchandise must maintain a price list for that funeral merchandise that shall be provided to any person who inquires about funeral merchandise or the price of such merchandise. SECTION 2. Tennessee Code Annotated, Section 56-1-213, is amended by deleting the words "via the Internet" and "on the Internet" wherever they appear. SECTION 3. Tennessee Code Annotated, Section 62-2-304, is amended by designating the existing language as subsection (a) and adding the following language as a new, appropriately designated subsection: (b) In addition to subsection (a), the board may, upon proper application for a certificate of registration, issue a certificate of registration as an architect to any person whose qualifications do not meet the requirements of this chapter and the rules established by the board if that person holds a like unexpired certificate of qualification or registration issued to such person by any state, territory, or possession of the United States or by any country; holds an unexpired national certificate issued by the National Council of Architectural Registration Boards; and presents proof of the certificates upon application to the board. The issuance of a certificate of registration pursuant to this subsection (b) is at the sole discretion of the board's determination that the applicant has qualifications suitable to be

40

issued a certificate of registration in this state. SECTION 4. Tennessee Code Annotated, Section 62-3-109, is amended by deleting subsection (c) in its entirety and substituting instead the following language: (c)(1) As used in this chapter, unless the context otherwise requires: (A) "Designated manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity of the shop in the absence of the manager; and 2 SB 2534 (B) "Manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer who serves in a supervisory or managerial capacity in the shop whose information is filed with the board. (2) Each shop licensed by the board shall designate a manager. The shop shall submit the name and license information of its manager upon application and renewal. (3) It is unlawful to operate a shop unless it is, at all times, under the direction of a manager or designated manager. While on duty, the manager or designated manager shall be responsible for the shop's compliance with this chapter and the rules of the board. The board may require the name of the shop's manager or designated manager to be posted in such form and location as the board may prescribe. (4) The manager and designated manager may manage those who practice disciplines in cosmetology or barbering other than the discipline in which the manager or designated manager is licensed; however, the manager or designated manager shall only practice within the field that the person is licensed. SECTION 5. Tennessee Code Annotated, Section 62-4-102(a)(9), is amended by deleting the subdivision and substituting instead: (9) "Manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer, who serves in a supervisory or managerial capacity in the shop, and whose information is filed with the board; SECTION 6. Tennessee Code Annotated, Section 62-4-102(a), is amended by adding the following language as a new, appropriately designated subdivision, and renumbering the remaining subdivisions accordingly: ( ) "Designated manager" means a person licensed under chapter 3 or chapter 4 of this title in at least one (1) discipline that a shop is licensed to offer, and who serves in a supervisory or managerial capacity of the shop in the absence of the manager; SECTION 7. Tennessee Code Annotated, Section 62-4-118, is amended by deleting the section in its entirety and substituting instead the following: (a) Except as otherwise provided under this chapter, it is unlawful to operate a shop without conspicuously displaying a valid license issued by the board under this chapter. (b) Each shop licensed by the board shall designate a manager. The shop shall submit the name and license information of its manager upon application and renewal. (c) It is unlawful to operate a shop unless it is, at all times, under the direction of a manager or designated manager. While on duty, the manager or designated manager shall be responsible for the shop's compliance with this chapter, chapter 3 of this title, and the rules of the board. The board may require the name of the shop's manager or designated manager to be posted in such form and location as the board may prescribe. (d) The manager and designated manager may manage those who practice disciplines in cosmetology or barbering, other than the discipline in which the manager or designated manager is licensed; however, the manager or designated manager shall only practice within the field that the person is licensed.

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(e) An application for a license to operate a shop shall be submitted by its owner on the form prescribed by the board. The application shall include: ( 1) The location of the shop; (2) The type of shop; (3) The name of the manager; and (4) Other information that the board may require.

(f) Prior to the opening of a new shop or the relocation of an existing shop, the shop must pass an initial inspection after submission of a complete application for a license to operate the shop in accordance with subsection (e), accompanied by the fee for licensure 3 SB 2534 and the fee for inspection, as prescribed by the board in rule. The inspection shall be made within ten (10) days of receipt by the board of a request for the inspection. If the shop passes the required inspection, the board shall issue a license to operate the shop unless the board refuses to issue the license pursuant to § 62-4-127(b) or as otherwise provided by this chapter, chapter 3 of this title, and the rules of the board. (g)(1) If the ownership of a shop changes, the new owner shall not operate the shop more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner has: (A) Submitted an application for a license to operate the shop in accordance with subsection (e); and (B) Paid the license fee and the inspection fee. (2) If the transferred shop passes the required inspection, the board shall issue a license to operate the shop unless the board refuses to issue the license pursuant to § 62-4-127(b) or as otherwise provided by this chapter, chapter 3 of this title, and the rules of the board. (h) Pending issuance or denial by the board of a license to operate a shop, the owner may operate the shop if the owner displays: (1) The official report showing that the shop has passed the required inspection; and (2) A copy of a cashier's check or money order made payable to the state of Tennessee in the amount of the fee for the license. (i) Each shop shall be inspected at least annually.

0) All licenses to operate a shop shall expire on the last day of the month of the biennial anniversary date of the licenses. (k) If the board is satisfied that the requirements of this chapter have been met, licenses to operate a shop may be renewed for another term upon completion and submission of the prescribed form, accompanied by the renewal fee prescribed by the board in rule. (I) A penalty fee as set by the board by rule will be assessed on any renewal application postmarked after the expiration date of the license. (m) The board may promulgate any and all rules necessary to allow for a shop where services are performed or offered to be performed in more than one (1) field of cosmetology, including aesthetics, natural hair styling, and manicuring, or in both cosmetology, or a field of cosmetology, and barbering to operate as a dual shop, including, but not limited to, rules to allow a dual shop to pay a single licensure or renewal fee and to undergo a single inspection. SECTION 8. Tennessee Code Annotated, Section 62-3-115(1)(A), is amended by deleting the language", exclusive of the tenth-grade education requirements set forth in§ 62-3-11 O(b)(2)". SECTION 9. Tennessee Code Annotated, Section 62-5-305(b)(7), is amended by deleting the subdivision in its entirety and substituting instead the following language: (7) Has completed two (2) years of apprenticeship in the presence of and under the direction and supervision of a licensed funeral director. An associate's degree from a college

42

accredited by the American Board of Funeral Service Education may be substituted for one (1) year of apprenticeship. SECTION 10. Tennessee Code Annotated, Section 62-13-318, is amended by deleting the section in its entirety and substituting instead the following language: 62-13-318. Temporary Retirement. (a)(1) Upon written request accompanied by the license and the fee for change of status, any real estate firm, real estate broker, affiliate broker, timeshare salesperson, or acquisition agent may temporarily retire the license. 4 SB 2534 (2) If the retiree wishes to remain in retirement for any portion of a subsequent license renewal period, the retiree shall pay the required license renewal fee prior to the license expiration date.

(3) No retired licensee may engage in any act defined in § 62-13-102.

(4) The retiree is responsible for advising the commission of the retiree's current mailing address. (b)(1) A licensee wishing to reactivate a license from retirement status shall submit the proper form and fee for a change of status. (2) Reactivation of a temporarily retired license shall not be permitted until the licensee provides proof of completion of sixteen (16) classroom hours

in real estate courses as specified in § 62-13-303 during the current license renewal period. (c) Any license in inactive status with the commission on July 1, 2016, shall be transferred to retirement status on that date. SECTION 11. Tennessee Code Annotated, Section 62-13-322, is amended by deleting the section in its entirety. SECTION 12. The headings to sections, chapters, and parts in this act are for reference purposes only and do not constitute a part of the law enacted by this act. However, the Tennessee Code Commission is requested to include the headings in any compilation or publication containing this act. SECTION 13. This act shall take effect July 1, 2016, the public welfare requiring it.

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SENATE BILL NO. 2534 PASSED: April 7, 2016


SENATE BILL NO. 2469

By Green, Johnson, Roberts, Bell, Gresham, Stevens, Beavers, Bowling, Crowe, Dickerson, Niceley, Norris Substituted for: House Bill No. 2201 By Daniel, Reedy, Sanderson, Zachary, Jerry Sexton, Terry, Hazlewood, Holt, Hardaway, Lynn AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 38; Title 62; Title 63 and Title 67, relative to businesses, professions, and occupations. WHEREAS, the right of individuals to pursue a chosen business or profession, free from arbitrary or excessive government interference, is a fundamental civil right; and WHEREAS, the freedom to earn an honest living traditionally has provided the surest means for economic mobility; and

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WHEREAS, in recent years, many regulations of entry into businesses and professions have exceeded legitimate public purposes and have had the effect of arbitrarily limiting entry and reducing competition; and WHEREAS, the burden of excessive regulation is borne most heavily by individuals outside the economic mainstream, for whom opportunities for economic advancement are curtailed; and WHEREAS, it is in the public interest to ensure the right.of all individuals to pursue legitimate entrepreneurial and professional opportunities to the limits of their talent and ambition; to provide the means for the vindication of this right; and to ensure that regulations of entry into businesses, professions, and occupations are demonstrably necessary and narrowly tailored to legitimate health, safety, and welfare objectives; now, therefore, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. This act shall be known and may be cited as the "Right to Earn a Living Act". SECTION 2. Tennessee Code Annotated, Title 4, Chapter 5, is amended by adding the following language as a new part:

4-5-501. As used in this part: (1) "Entry regulation" means: (A) Any rule promulgated by a licensing authority for the purpose of regulating an occupational or professional group, including, but not limited to, any rule prescribing qualifications or requirements for a person's entry into, or continued participation in, any business, trade, profession, or occupation in this state; or (B) Any policy or practice of a licensing authority that is established, adopted, or implemented by a licensing authority for the purpose of regulating an occupational or professional group, including, but not limited to, any policy or practice relating to the qualifications or requirements of a person's entry into, or continued participation in, any business, trade, profession, or occupation in this state; and (2) "Licensing authority" means any state regulatory board, comm1ss1on, council, or committee in the executive branch of state government established by SB 2469 statute or rule that issues any license, certificate, registration, certification, permit, or other similar document for the purpose of entry into, or regulation of, any occupational or professional group. "Licensing authority" does not include any state regulatory board, commission, council, or committee that regulates a person under title 63 or title 68, chapter 11 or 140. 4-5-502. (a)(1) No later than December 31, 2016, each licensing authority shall submit a copy of all existing or pending entry regulations pertaining to the licensing authority and an aggregate list of such entry regulations to the chairs of the government operations committees of the senate and house of representatives. The committees shall conduct a study of such entry regulations and may, at the committees' discretion, conduct a hearing regarding the entry regulations submitted by any licensing authority. The committees shall issue a joint report regarding the committees' findings and recommendations to the general assembly no later than January 1, 2018. (2) After January 1, 2018, each licensing authority shall, prior to the

next occurring hearing regarding the licensing authority held pursuant to § 4- 29-104, submit to the chairs of the government operations committees of the senate and house of representatives a copy of any entry regulation promulgated by or relating to the licensing authority after the date of the submission pursuant to subdivision (a)(1). The appropriate subcommittees of the government operations committees shall consider the licensing authority's submission as part of the governmental entity review process and shall take

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any action relative to subsections (b)-(d) as a joint evaluation committee. Prior

to each subsequent hearing held pursuant to § 4-29-104, the licensing authority shall submit any entry regulation promulgated or adopted after the submission for the previous hearing. (3) In addition to the process established in subdivisions (a)(1) and (2), the chairs of the government operations committees of the senate and house of representatives may request that a licensing authority present specific entry regulations for the committees' review pursuant to this section at any meeting of the committees. (4) Notwithstanding this subsection (a), the governor or the commissioner of any department created pursuant to title 4, chapter 3, relative to a licensing authority attached to the commissioner's department, may request the chairs of the government operations committees of the senate and house of representatives to review, at the committees' discretion, specific entry regulations pursuant to this section. (b) During a review of entry regulations pursuant to this section, the government operations committees shall consider whether: (1) The entry regulations are required by state or federal law; (2) The entry regulations are necessary to protect the public health, safety, or welfare; (3) The purpose or effect of the entry regulations is to unnecessarily inhibit competition or arbitrarily deny entry into a business, trade, profession, or occupation; (4) The intended purpose of the entry regulations could be accomplished by less restrictive or burdensome means; and (5) The entry regulations are outside of the scope of the licensing authority's statutory authority to promulgate or adopt entry regulations. (c) The government operations committees may express the committees' disapproval of an entry regulation promulgated or adopted by the licensing authority by voting to request that the licensing authority amend or repeal the entry regulation promulgated or adopted by the licensing authority if the committees determine during a review that the entry regulation: (1) ls not required by state or federal law; and

2 SB 2469 (2)(A) Is unnecessary to protect the public health, safety, or welfare; (B) Is for the purpose or has the effect of unnecessarily inhibiting competition; (C) Arbitrarily denies entry into a business, trade, profession, or occupation; (D) With respect to its intended purpose, could be accomplished by less restrictive or burdensome means, including, but not limited to, certification, registration, bonding or insurance, inspections, or an action under the Tennessee Consumer Protection Act of 1977, compiled in title 4 7, chapter 18, part 1; or (E) Is outside of the scope of the licensing authority's statutory authority to promulgate or adopt entry regulations. (d)(1) Notice of the disapproval of an entry regulation promulgated or adopted by a licensing authority shall be posted by the secretary of state, to the administrative register on the secretary of state's web site, as soon as possible after the committee meeting in which such action was taken. (2) If a licensing authority fails to initiate compliance with any recommendation of the government operations committees issued pursuant to

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subsection (c) within ninety (90) days of the issuance of the recommendation, or fails to comply with the request within a reasonable period of time, the committees may vote to request the general assembly to suspend any or all of such licensing authority's rulemaking authority for any reasonable period of time or with respect to any particular subject matter, by legislative enactment. (e) Except as provided in subdivision (a)(2), for the purposes of reviewing any entry regulation of a licensing authority and making final recommendations under this section, the government operations committees may meet jointly or separately and, at the discretion of the chair of either committee, may form subcommittees for such purposes. SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.

PASSED: SENATE BILL NO. 2469 - April 20, 2016

TEXAS No Response Received.

UTAH

LEGISLATIVE CHANGES FOR 2016

New requirement for all apprentices to obtain a registration

Reduced hours for instructor education (25% of the required hours of

education to obtain requisite license)

New on-the-job training pathway to instructor licensure

Increased fine schedule:

Unlicensed Practice - $500 for first offense, $1000 for second

offense

Aiding and abetting unlicensed practice - $800 for first offense,

$1,600 for second offense

VERMONT

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No Response Received.

VIRGINIA No Statute Changes this Legislative Session.

WASHINGTON No Response Received.

WEST VIRGINIA

WEST VIRGINIA LEGISLATURE 2016 REGULAR SESSION

Enrolled

Committee Substitute

for Senate Bill 524 BY SENATOR BLAIR, original sponsor

[Passed March 12, 2016; in effect 90 days from passage] Enr. CS for SB 524

1 AN ACT to amend and reenact §30-27-1, §30-27-3, §30-27-4, §30-27-5, §30-27-8, §30-27-8a,

1 §30-27-9, §30-27-10, §30-27-11, §30-27-12, §30-27-13, §30-27-14, §30-27-16, §30-27-2 17,

§30-27-18 and §30-27-19 of the Code of West Virginia, 1931, as amended; and to 3 amend said

code by adding thereto a new section, designated §30-27-8b, all relating to 4 the Board of Barbers

and Cosmetologists; providing jurisdiction to the board over 5 hairstyling, waxing and shampoo

assisting; amending definitions; providing for required 6 clock hours of training; licensing of

schools or programs by the Department of Education; 7 modifying composition of the board;

requiring examinations meet national standards; 8 requiring licensed schools have one chair per

student; regulation of on-site and temporary 9 services; barber apprentice program; requirements

to sponsor a barber apprentice; 10 providing for certifications; providing for certification of

waxing specialists; modifying 11 reciprocity standards; modifying continuing education

requirements; modifying instructor 12 certification; and eliminating biennial license renewal. 13

Be it enacted by the Legislature of West Virginia:

That §30-27-1, §30-27-3, §30-27-4, §30-27-5, §30-27-8, §30-27-8a, §30-27-9, §30-27-10, 1 §30-

27-11, §30-27-12, §30-27-13, §30-27-14, §30-27-16, §30-27-17, §30-27-18 and §30-27-19 2 of

the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code 3 be

amended by adding thereto a new section, designated §30-27-8b, all to read as follows: 4

ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS. §30-27-1. Unlawful acts.

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(a) It is unlawful for any person to practice or offer to practice barbering, barber permanent 1

waving, cosmetology, hairstyling, waxing, shampoo assisting, aesthetics or nail care in this state 2

without a license or certification issued under the provisions of this article, or advertise or use any

3 title or description tending to convey the impression that the person is a licensed or certified 4

aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist 5

crossover, hairstylist, shampoo assistant, waxing specialist or nail technician unless the person 6

Enr. CS for SB 524

2 has been licensed or obtained certification under the provisions of this article and the license or

7 certification has not expired, been suspended or revoked. 8

(b) No salon, except through a licensee or certification, may render any service or engage 9 in any

activity which, if rendered or engaged in by an individual, would constitute the practices 10

licensed or certified under the provisions of this article. 11

(c) No school, except through a certified instructor, may instruct, render any service or 12 engage

in any activity which, if taught, rendered or engaged in by an individual, would constitute 13 the

practices licensed under the provisions of this article. 14

§30-27-3. Definitions. As used in this article, the following words and terms have the following meanings, unless 15 the

context clearly indicates otherwise: 16

(a) “Aesthetics” or “esthetics” means any one or any combination of the following acts 17 when

done on the human body for compensation and not for the treatment of disease: 18

(1) Administering cosmetic treatments to enhance or improve the appearance of the skin, 19

including cleansing, toning, performing effleurage or other related movements, stimulating, 20

exfoliating or performing any other similar procedure on the skin of the human body or scalp; 21

(2) Applying, by hand or with a mechanical or electrical apparatus, any cosmetics, 22 makeups,

oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations 23 necessary for

the practice of aesthetics to another person’s face, neck, back, shoulders, hands, 24 elbows and

feet up to and including the knee; 25

(3) The rubbing, cleansing, exercising, beautifying or grooming of another person’s face, 26 neck,

back, shoulders, hands, elbows and feet up to and including the knee; 27

(4) The waxing and tweezing of hair on another person’s body; 28

(5) The wrapping of another person’s body in a body wrap; 29

(6) Applying artificial eyelashes and eyebrows; and 30

(7) The lightening of hair on the body except the scalp. 31 Enr. CS for SB 524

3 (b) “Aesthetician” or “esthetician” means a person licensed under the provisions of this 32

article who engages in the practice of aesthetics and has completed six hundred clock hours of 33

training. 34

(c) “Applicant” means a person making application for a professional license, license, 35

certificate, registration, permit or renewal under the provisions of this article. 36

(d) “Barber” means a person licensed under the provisions of this article who engages in 37 the

practice of barbering and has completed a twelve hundred clock-hour barber training program 38

without chemical services or a fifteen hundred clock-hour barber training program with chemical

39 services, or has successfully completed the barber apprenticeship program. 40

(e) “Barbering” means any one or any combination of the following acts when done on the 41

head and neck for compensation and not for the treatment of disease: 42

(1) Shaving, shaping and trimming the beard, or both; 43

(2) Cutting, singeing, shampooing, arranging, dressing, tinting, bleaching, or applying 44 lotions

or tonics on human hair, or a wig or hairpiece; and 45

(3) Applications, treatments or rubs of the scalp, face, or neck with oils, creams, lotions, 46

cosmetics, antiseptics, powders, or other preparations in connection with the shaving, cutting or

47 trimming of the hair or beard. 48

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(f) “Barber crossover” ” is a person who has completed twelve hundred or fifteen hundred 49

clock hours of training, is licensed as a barber, and completed additional hours of training in

nails, 50 aesthetics and/or chemical services, to the total amount of twenty-one hundred hours, to

perform 51 cosmetology. 52

(g) “Barber permanent waving” means the following acts performed on the head and neck 53 for

compensation and not for the treatment of disease: 54

(1) The bleaching or tinting of hair; and 55

(2) The permanent waving of hair. 56

(h) “Barber permanent wavist” means a person who has completed two thousand clock 57 Enr.

CS for SB 524

4 hours of training and was licensed to perform barbering and barber permanent waiving enrolled

58 by August 28, 2012. 59

(i) “Board” means the West Virginia Board of Barbers and Cosmetologists. 60

(j) “Certificate” means an instructor certificate to teach in a school under the provisions of 61 this

article or a document issued by the board for certification obtained pursuant to section eight-62 b

of this article. 63

(k) “Certificate holder” means a person certified as an instructor to teach in a school under 64 the

provisions of this article or who has obtained a certification pursuant to section eight-b of this 65

article. 66

(l) “Cosmetologist” means a person licensed under the provisions of this article who 67 engages

in the practice of cosmetology and who has completed eighteen hundred clock hours of 68

training. 69

(m) “Cosmetology” means any one or any combination of the following acts when done on 70 the

human body for compensation and not for the treatment of disease: 71

(1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, 72

curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, 73

bleaching, tinting, coloring, waxing, tweezing, or similarly work on human hair, or a wig or 74

hairpiece, by any means, including hands, mechanical or electrical devices or appliances; 75

(2) Nail care; 76

(3) Applying by hand or with a mechanical or electrical device or appliance, any cosmetics, 77

makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations 78

necessary for the practice of aesthetics to another person’s face, neck, shoulders, hands, elbows

79 and feet up to and including the knee; 80

(4) The rubbing, cleansing, exercising, beautifying or grooming of another person’s face, 81 neck,

shoulders, hands, elbows and feet up to and including the knee; 82

(5) The wrapping of another person’s body in a body wrap; and 83 Enr. CS for SB 524

(6) Performing aesthetics. 84

(n) “Cosmetology crossover” is a person who has completed eighteen hundred clock hours 85 of

training, is licensed as a cosmetologist and completes an additional three hundred hours of 86

training in clipper cuts and face shaving to perform barbering, for a total of twenty-one hundred

87 hours. 88

(o) “General supervision” means: 89

(1) For schools, a master or certified instructor is on the premises and is quickly and easily 90

available; or 91

(2) For salons, a professional licensee is on the premises and is quickly and easily 92 available.

93

(p) “Hair styling” means any one or any combination of the following acts when done on 94 the

head and neck for compensation and not for the treatment of disease: 95

Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, 96 curling,

facial hair trimming, scalp treatments, waving, permanent waving, relaxing, straightening, 97

49

shampooing, , singeing, bleaching, tinting, coloring, or similarly work on human hair, or a wig or

98 hairpiece, by any means, including hands, mechanical or electrical devices or appliances. 99

(q) “Hair stylist” means a person licensed under the provisions of this article who engages 100 in

the practice of hair styling and who has completed one thousand clock hours of training, 101

effective July 1, 2016. 102

(r) “License” means a professional license, a salon license or a school license. 103

(s) “Licensed school” means a facility which has been approved by the West Virginia 104

Council for Community and Technical College Education (CCTCE), Department of Education in

105 conjunction with CCTCE or Department of Education in conjunction with the Department of

106 Corrections pursuant to section nine, article two-b, chapter eighteen-b of this code to educate

107 persons to be licensed or issued certain permits under the provisions of this article. 108

(t) “Licensee” means a person, corporation or firm holding a license issued under the 109 Enr. CS

for SB 524

6 provisions of this article. 110

(u) “Nail care” means any one or any combination of the following acts when done on the 111

human body for compensation and not for the treatment of disease: 112

(1) The cleansing, dressing, or polishing of nails of a person; 113

(2) Performing artificial nail service; and 114

(3) The cosmetic treatment of the feet up to the knee and the hands up to the elbow. 115

(v) “Nail technician” or “manicurist” means a person licensed under the provisions of this 116

article who engages in the practice of nail care and has completed four hundred clock hours of

117 training. 118

(w) “Permit” means a work permit. 119

(x) “Permitee” means a person holding a work permit. 120

(y) “Professional license” means a license to practice as an aesthetician, barber, barber 121

crossover, barber permanent wavist, cosmetologist, cosmetologist crossover, hairstylist or nail

122 technician. 123

(z) “Registration” means a registration issued by the board to a person who rents or leases 124 a

booth or chair from a licensed salon owner and operator, or both, or a registration issued by the

125 board to a person who is a student in a school. 126

(aa) “Registrant” means a person who holds a registration under the provisions of this 127 article.

128

(bb) “Salon” means a shop or other facility where a person practices under a professional 129

license. 130

(cc) “Salon license” means a license to own and operate a salon. 131

(dd) “Student registration” means a registration issued by the board to a student to study 132 at a

school licensed under the provisions of this article. 133

(ee) “Waxing specialist” means a person certified under the provisions of this article who 134

engages in the practice of waxing and tweezing of hair on another person’s body. 135 Enr. CS for

SB 524

7 (ff) “Shampoo assistant” means a person certified under the provisions of this article who 136

engages in the practice of shampooing and rinsing hair; removing rollers or permanent rods and

137 cleansing or other sink-related functions not requiring the skill of a license. They must work

at all 138 times under the direct supervision of a licensed barber, hairstylist or cosmetologist. 139

(gg) Hair braiding, threading and any other item not spelled out are not regulated by the 140 West

Virginia Board of Barbers and Cosmetologists. 141

§30-27-4. Board of Barbers and Cosmetologists. (a) The West Virginia Board of Barbers and Cosmetologists is continued. The members 142 of

the board in office on July 1, 2016, shall, unless sooner removed, continue to serve until their 143

respective terms expire and until their successors have been appointed and qualified. 144

(b) The Governor, by and with the advice and consent of the Senate, shall appoint: 145

50

(1) One licensed cosmetologist; 146

(2) One licensed barber or barber permanent wavist; 147

(3) One licensed aesthetician who is not a cosmetologist; 148

(4) One licensed nail technician who is not a cosmetologist; 149

(5) One representative from a privately owned beauty school licensed by the West Virginia 150


151 conjunction with CCTCE or Department of Education with the Department of Corrections;

and 152

(6) Four citizen members representing the public; 153

(c) After the initial appointment term, the term shall be for five years. All appointments to 154 the

board shall be made by the Governor by and with the advice and consent of the Senate. 155

(d) Each licensed member of the board, at the time of his or her appointment, must have 156 held

a professional license in this state for a period of not less than three years immediately 157

preceding the appointment. 158

(e) Each member of the board must be a resident of this state during the appointment 159 term.

160 Enr. CS for SB 524

8 (f) A member may not serve more than two consecutive full terms. A member may continue

161 to serve until a successor has been appointed and has qualified. A member serving on the

board 162 on June 30, 2016, may be reappointed in accordance with the provisions of this

section. 163

(g) A vacancy on the board shall be filled by appointment by the Governor for the 164 unexpired

term of the member whose office is vacant and the appointment shall be made within 165 sixty

days of the vacancy. 166

(h) The Governor may remove any member from the board for neglect of duty, 167 incompetency

or official misconduct. 168

(i) A member of the board immediately and automatically forfeits membership to the board 169 if

his or her license to practice is suspended or revoked, is convicted of a felony under the laws 170

of any jurisdiction or becomes a nonresident of this state. 171

(j) The board shall elect annually one of its members as chairperson who serves at the will 172 of

the board. 173

(k) Each member of the board is entitled to compensation and expense reimbursement in 174

accordance with article one of this chapter. 175

(l) A majority of the members of the board constitutes a quorum. 176

(m) The board shall hold at least two annual meetings. Other meetings may be held at the 177 call

of the chairperson or upon the written request of two members, at the time and place as 178

designated in the call or request. 179

(n) Prior to commencing his or her duties as a member of the board, each member shall 180 take

and subscribe to the oath required by section five, article IV of the constitution of this state.181

§30-27-5. Powers and duties of the board. (a) The board has all the powers and duties set forth in this article, by rule, provided such 1 rule

does not contradict the provisions of this article and does not exceed the authorities granted 2 in

this article, in article one of this chapter and elsewhere in law. 3

(b) The board shall: 4 Enr. CS for SB 524

9 (1) Hold meetings, conduct hearings and administer examinations; 5

(2) Establish requirements for licenses, permits, certificates and registrations; 6

(3) Establish procedures for submitting, approving and rejecting applications for licenses, 7

permits, certificates and registrations; 8

(4) Determine the qualifications of any applicant for licenses, permits, certificates and 9

registrations; 10

(5) Prepare, conduct, administer and grade examinations for professional licenses and 11

certificates: Provided, That the examinations must meet national standards; 12

51

(6) Determine the passing grade for the examinations; 13

(7) Maintain records of the examinations the board or a third party administers, including 14 the

number of persons taking the examinations and the pass and fail rate; 15

(8) Set operational standards and requirements for licensed schools: Provided, That a 16 licensed

school shall have a minimum of one chair per student available during practical 17 instruction; 18

(9) Hire, discharge, establish the job requirements and fix the compensation of the 19 executive

director; 20

(10) Maintain an office and hire, discharge, establish the job requirements and fix the 21

compensation of employees, investigators/inspectors and contracted employees necessary to 22

enforce the provisions of this article: Provided, That any investigator/inspector employed by the

23 board on July 1, 2009, shall retain their coverage under the classified service, including job 24

classification, job tenure and salary, until that person retires or is dismissed: Provided, however,

25 That nothing may prohibit the disciplining or dismissal of any investigator/inspector for cause;

26

(11) Investigate alleged violations of the provisions of this article, legislative rules, orders 27 and

final decisions of the board; 28

(12) Establish the criteria for the training of investigators/inspectors; 29

(13) Set the requirements for investigations and inspections; 30 Enr. CS for SB 524

10 (14) Conduct disciplinary hearings of persons regulated by the board; 31

(15) Determine disciplinary action and issue orders; 32

(16) Institute appropriate legal action for the enforcement of the provisions of this article; 33

(17) Report violations of the provisions of this article, and legislative rules promulgated 34

pursuant to this article, alleged to have been committed by a licensed school to the West Virginia

35 Council for Community and Technical College Education or the Department of Education. If

the 36 board determines that probable cause exists that a violation occurred, the board

immediately shall 37 advise and provide its investigation file to the West Virginia Council for

Community and Technical 38 College Education or the Department of Education; 39

(18) Maintain an accurate registry of names and addresses of all persons regulated by the 40

board; 41

(19) Keep accurate and complete records of its proceedings, and certify the same as may 42 be

necessary and appropriate; 43

(20) Establish the continuing education requirements for professional licensees and 44 certificate

holders; 45

(21) Issue, renew, combine, deny, suspend, revoke or reinstate licenses, permits, 46 certificates

and registrations; 47

(22) Establish a fee schedule; 48

(23) Propose rules in accordance with the provisions of article three, chapter twenty-nine-49 a of

this code to implement the provisions of this article; and 50

(24) Take all other actions necessary and proper to effectuate the purposes of this article. 51

(c) The board may: 52

(1) Establish joint licenses; 53

(2) Contract with third parties to administer the examinations required under the provisions 54 of

this article; 55

(3) Sue and be sued in its official name as an agency of this state; 56 Enr. CS for SB 524

11 (4) Confer with the Attorney General or his or her assistant in connection with legal matters

57 and questions. 58

(d) Notwithstanding any other provision of this code, the board may not restrict a certificate 59

holder or licensee from practicing his or her licensed craft at temporary on-site events in 60

connection with, but not limited to: Fairs, carnivals, weddings, pageants or photographs:

Provided, 61 That the certificate holder or licensee is compliant with all other prescribed

requirements and rules 62 under this code. If an out-of-state licensee works in a temporary

52

capacity, less than five days, in 63 connection with an event or temporary commercial enterprise,

he or she may be granted a 64 temporary permit to work after submitting his or her current license

certification to this state and 65 paying the applicable fee: Provided, however, That the licensee

shall display or have immediately 66 available their license for the duration of his or her practice

at a temporary event. 67

§30-27-8. Professional license requirements. (a) An applicant for a professional license to practice as an aesthetician, barber, barber 1

crossover, cosmetologist, hair stylist, cosmetologist crossover or nail technician shall present 2

satisfactory evidence that he or she: 3

(1) Is at least eighteen years of age; 4

(2) Is of good moral character; 5

(3) Has a high school diploma, a GED, or has passed the “ability to benefit test” approved 6 by

the United States Department of Education; 7

(4) Has graduated from a licensed school which has been approved by the West Virginia 8


9 conjunction with CCTCE or Department of Education with the Department of Corrections or

has 10 completed education requirements in another state and meets the licensure provisions of

the 11 board; 12

(5) Has passed an examination that tests the applicant’s knowledge of subjects specified 13 by the

board: Provided, That the board may recognize a certificate or similar license in lieu of the 14

Enr. CS for SB 524

12 examination or part of the examination that the board requires: Provided, however, That any

15 examination meets national standards; 16

(6) Has paid the applicable fee; 17

(7) Presents a certificate of health from a licensed physician; 18

(8) Is a citizen of the United States or is eligible for employment in the United States; and 19

(9) Has fulfilled any other requirement specified by the board. 20

(b) A license to practice issued by the board prior to July 1, 2016, shall for all purposes be 21

considered a professional license issued under this article: Provided, That a person holding a 22

license issued prior to July 1, 2016, must renew the license pursuant to the provisions of this 23

article.24

§30-27-8a. Barber apprentice. (a) The board may establish an apprenticeship program to become a barber. A barber 1 apprentice

shall work at all times under the direct supervision of a licensed barber and any permit 2 issued

by the board to work as a barber apprentice does not allow a person to practice individually 3 as a

barber. 4

(b) An applicant for a barber apprenticeship shall present satisfactory evidence that he or 5 she: 6

(1) Is at least sixteen years of age; 7

(2) Is of good moral character; 8

(3) Is in high school or has a high school diploma, a GED, or has passed the “ability to 9 benefit

test” approved by the United States Department of Education; 10


(5) Has a certificate of health from a licensed physician; 12



(c) An applicant for a sponsor of a barber apprentice shall present satisfactory evidence 15 Enr.

CS for SB 524

13 that he or she: 16

(1) Is licensed as a barber under the provisions of this article; 17

(2) Has paid the applicable fee; and 18


53

(d) A sponsor of a barber apprentice shall be a current licensed barber with at least five 20 years’

experience and has worked in a shop for the last five years. 21

(e) The board may propose emergency rules and rules for legislative approval, in 22 accordance

with the provisions of article three, chapter twenty-nine-a of this code, to implement 23 the

provisions of this section, including: 24

(1) The requirements for: 25

(A) The barber apprenticeship program; 26

(B) The barber apprentice permit; and 27

(C) A licensed barber to sponsor a barber apprentice; 28

(2) Procedures for an examination; 29

(3) A fee schedule; and 30

(4) Any other rules necessary to effectuate the provisions of this section. 31

§30-27-8b. Certifications. (a) The board shall issue a certification to an applicant who obtains training at a licensed 1 school

or continuing education provider, in West Virginia, in the following area: 2

Waxing Specialist.— 3

An applicant for a waxing specialist shall present satisfactory evidence that he or she: 4

(A) Is at least eighteen years of age; 5

(B) Is of good moral character; 6

(C) Has a high school diploma, a GED, or has passed the “ability to benefit test” approved 7 by


(D) Has paid the applicable fee; 9 Enr. CS for SB 524

14 (E) Has a certificate of health from a licensed physician; 10

(F) Is a citizen of the United States or is eligible for employment in the United States; 11

(G) Has completed a one hundred-hour class that consists of: Professional requirements, 12 safety

and health, skin structure, disorders and diseases, removal of superfluous hair and twenty-13 five

hours on the clinic floor, supervised, for a total of one hundred twenty-five hours;

(H) If not currently licensed, must take the West Virginia state law test; and 15

(I) Has fulfilled any other requirement specified by the board. 16

(b) The board shall issue to any barber the fifteen hundred clock-hour level licensure who 17 has

previously completed a twelve hundred clock-hour training program, and who subsequently 18

completes a three hundred clock-hour certification program in chemical services. 19

§30-27-9. Professional license from another state; license to practice in this state. (a) The board may issue a professional license to practice to an applicant of good moral 1

character who holds a valid license or other authorization to practice in that particular field from 2

another state, if the applicant demonstrates that he or she: 3

(1) Holds a license or other authorization to practice in another state which was granted 4 after

completion of educational requirements substantially equivalent to those required in this 5 state

and passed an examination that is substantially equivalent to the examination required in 6 this

state;

(2) Does not have charges pending against his or her license or other authorization to 8 practice

and has never had a license or other authorization to practice revoked; 9

(3) Has not previously failed an examination for professional licensure in this state; 10


(5) Is at least eighteen years of age; 12

(6) Has a high school diploma, a GED, or has passed the “ability to benefit test” approved 13 by


() (7) Is a citizen of the United States or is eligible for employment in the United States; 15 Enr.

CS for SB 524

() (8) Has presented a certificate of health issued by a licensed physician; and 16

) (9) Has fulfilled any other requirement specified by the board. 17

54

(b) In its discretion, the board may examine a person by a written, oral or skills test for 18

licensing under this section, and may enter into agreements for reciprocal licensing with other 19

jurisdictions having substantially similar requirements for licensure. 20

§30-27-10. Professional license and certificate renewal requirements. (a) A professional licensee and certificate holder shall annually on or before January 1, 21 renew

his or her professional license or certificate by completing a form prescribed by the board, 22

paying the renewal fee and submitting any other information required by the board. 23

(b) The board shall charge a fee for each renewal of a license or certificate, and a late fee 24 for

any renewal not paid by the due date. 25

(c) The board shall require as a condition of renewal of a professional license or certificate 26 that

each licensee or certificate holder complete continuing education: Provided, That a barber 27 who

has been licensed for twenty years or more is exempt from the continuing education 28

requirement of this subsection but must take a three-hour sanitation class every other year up to

29 twenty years: Provided, however, That the board shall approve for continuing education credit

30 any education course providing instruction in any curriculum, subject matter or discipline

included 31 in the education required for licensure that is submitted to the board or offered by: 32

(1) A licensed school or instructor, outside of school instruction; 33

(2) A manufacturer or distributor of barbering, aesthetics, nail technology or cosmetology 34

products; 35

(3) A barber or cosmetology trade organization; or 36

(4) Any course offered at an accredited private or public university, college or community 37

college in this state that relates to the profession or a general business class. 38

(d) The board may deny an application for renewal for any reason which would justify the 39

denial of an original application for a license or certificate. 40 Enr. CS for SB 524

16 (e) The board shall recognize reciprocity for military barbers for the purpose of the state 41

examination for barbers. 42

§30-27-11. Work permit. (a) The board may issue a work permit to practice to an applicant who meets the following 1

conditions: 2

(1) Has graduated from a licensed school approved by the West Virginia Council for 3

Community and Technical College Education (CCTCE), Department of Education in conjunction

4 with CCTCE or Department of Education with the Department of Corrections or has completed

5 education requirements in another state and meets the licensure provisions of the board; 6

(2) Is waiting to take the examination; 7

(3) Has employment in the field in which he or she applied to take the examination and is 8

working under the general supervision of a professional licensee; 9

(4) Has paid the work permit fee; 10

(5) Has presented a certificate of health issued by a licensed physician; 11


(7) Meets all the other requirements specified by the board. 13

(b) A work permit expires at the end of the month after issuance following the next 14

examination in the specific field. A work permit may be renewed once. 15

(c) While in effect, a work permitee is subject to the restrictions and requirements imposed 16 by

this article.17

§30-27-12. Student registration. (a) Prior to commencing studies in a licensed school, a student shall acquire a student 1

registration issued by the board. 2

(b) An applicant for a student registration shall present satisfactory evidence that he or 3 she

meets the following conditions: 4

(1) Is enrolled as a student in a licensed school; 5 Enr. CS for SB 524

55

17 2) Is of good moral character; 6

(3) Has paid the required fee; 7

(4) Has presented a certificate of health issued by a licensed physician; and 8

(5) Is a citizen of the United States or is eligible for employment in the United States. 9

(c) The student registration is good during the prescribed period of study for the student. 10

(d) The student may perform acts constituting barbering, hairstyling, cosmetology, 11 aesthetics

or nail care in a school under the general supervision of a master or certified instructor.12

§30-27-13. Display of professional license and permits. (a) The board shall prescribe the form for a professional license and work and student 1 permits,

including a photograph, and may issue a duplicate license or permit upon payment of a 2 fee. 3

(b) Every professional licensee and work permitee shall display his or her license or permit 4 in a

conspicuous place at his or her work station. 5

(c) Every student shall have available his or her student permit and be able to produce it 6 upon

request. 7

(d) Every professional licensee, work permitee, or certificate holder must present such 8 license,

permit, certification or registration to an investigator/inspector or a board member upon 9

request.10

§30-27-14. Health certificate requirements. (a) It is unlawful for a person to practice as a professional licensee, certificate holder or be 1 a

permitee or be a certified instructor while having an infectious, contagious or communicable 2

disease. 3

(b) The board may, with cause, require a professional licensee, permitee, certificate holder 4 or

certified instructor to submit to a physical examination and file a certificate of health.5

§30-27-16. Certification requirements to be an instructor in a school. (a) The board may issue a certificate to be an instructor in a school to an applicant who 1 Enr. CS

for SB 524

18 meets the following requirements: 2

(1) Meets the educational requirements established by the board; 3

(2) Has completed and passed a course in teaching techniques at a post-secondary 4 educational

level; 5

(3) Has passed the instructor examination; 6

(4) Has paid the appropriate fees; 7

(5) Presents a certificate of health from a licensed physician; 8



(b) All instructor certifications must be renewed annually or biennially on or before January 11 1

and pay a renewal fee. 12

(c) A certification to be an instructor issued by the board prior to January 1, 2009, shall for 13 all

purposes be considered a certification issued under this article: Provided, That a person 14

holding a certification issued prior to January 1, 2009, must renew the certification pursuant to

the 15 provisions of this article. 16

(d) An instructor with an expired certificate must comply with the following to renew his or 17

her certificate: 18

(1) Notify the board that he or she wants to be placed on inactive status; or 19

(2) Pay all lapsed renewal fees; 20

(3) Present a new certificate of health; and 21

(4) Meet the qualifications for certification set out in this article. 22

(e) A certified instructor is not required to have an active professional license, unless the 23

instructor is in fact practicing outside the scope of his or her employment as an instructor.24

§30-27-17. Salon license requirements.

56

(a) Prior to opening a salon, any person, firm or corporation owning and/or operating a 1 salon,

and any person, firm or corporation practicing in a field authorized by this article, shall meet 2

Enr. CS for SB 524

19 the following requirements to acquire a salon license to do business: 3

(1) The salon has been approved by the board as having met all the requirements and 4

qualifications for the place of business as are required by this article; 5

(2) Notify the board, in writing, at least twenty days before the proposed opening date, so 6 there

can be an inspection of the salon: Provided, That if an inspection is not made within ten 7 days of

the opening of the salon, or a salon license to open has not been granted or refused, then 8 the

salon may open provisionally subject to a later inspection and to all other provisions and rules 9

provided in this article; 10

(3) Pay all applicable fees; 11

(4) All rooms, facilities, bathrooms, toilets and adjoining rooms used in the place of 12 business

are kept clean, sanitary, well lighted and ventilated at all times. The use of chunk alum, 13

powder puffs and styptic pencils in any shop is prohibited; 14

(5) Every professional licensee, certificate holder, or permitee in the place of business 15

thoroughly cleans his or her hands with soap and water immediately before serving any patron;

16 and 17

(6) Every patron is served with clean, freshly laundered linen that is kept in a closed 18 cabinet

used for that purpose only. All linens, immediately after being used, must be placed in a 19

receptacle used for that purpose only. 20

(b) All rules shall be kept posted in a conspicuous place in each place of business. 21

(c) All salon licenses must be renewed annually on or before July 1 and pay a renewal 22 fee. 23

(d) A license to operate a salon issued by the board prior to July 1, 2009, shall for all 24 purposes

be considered a salon license issued under this article: Provided, That a person holding 25 a

license issued prior to July 1, 2009, must renew the license pursuant to the provisions of this 26

article. 27

(e) The salon license shall be permanently displayed in the salon and a suitable sign shall 28 Enr.

CS for SB 524

20 be displayed at the main entrance of the salon which shall plainly indicate what type of salon

is 29 being operated.30

§30-27-18. Salon management requirements. (a) Every salon in this state offering the services set forth in this article shall be operated 1 under

the supervision and management of a professional licensee or certificate holder licensed 2 under

this article. 3

(b) Any services set forth in this article may be conducted within the same salon. A suitable 4

sign shall be displayed at the main entrance of all salons plainly indicating the business conducted

5 therein.6

§30-27-19. Booth or chair rental registration requirements. (a) Any professional licensee or certificate holder who elects to rent or lease a booth or 1 chair

from a licensed salon owner and/or operator must comply with the following to receive a 2

registration from the board: 3

(1) Register with the board; 4

(2) Register with the state Tax Division and present the registration to the board; 5

(3) Pay a registration fee; 6

(4) Notify the board of the length of any rental or lease agreement; 7

(5) State the name of the person or salon from which a chair or booth is being rented or 8 leased;

and 9

(6) State the effective date of the rental or lease. 10

57

(b) If a person registered with the board pursuant to this section elects to move from one 11 salon

to rent or lease a chair or booth from another salon, then he or she must register again with 12 the

board and pay a fee. 13

(c) Each licensed salon owner and/or operator who elects to rent or lease chairs or booths 14 shall

notify the board in writing of such rental or lease within ten days of the effective date of the 15

rental or lease. 16 Enr. CS for SB 524

21 (d) The board shall quarterly notify the state Tax Commissioner of all persons registered 17

pursuant to this section during the previous quarter. Such notice shall be in writing and shall 18

include the following: 19

(1) The names of all the registered professional licensees or certificate holders; 20

(2) The names of the salons where space is being rented or leased; and 21

(3) The length of time of each rental or lease agreement. 22

(e) All registrations must be renewed annually on or before July 1 and pay a renewal fee. 23

(f) A registration to rent or lease a booth or chair issued by the board prior to July 1, 2009, 24

shall for all purposes be considered a registration issued under this article: Provided, That a 25

person holding a registration to rent or lease a booth or chair issued prior to July 1, 2009, must 26

renew the registration pursuant to the provisions of this article. 27

Table 3-1A Minimum Curriculum for a Barber General Professional Information Theory Work Practical Work

100 clock hours 0 clock hours

In this section, students will learn:

Professional Development

Effective Communication

Human Relations

Business Management/Ownership

State Law

Sanitation in the Licensed Facility

Sanitation Processes and Guidelines

First Aid

General Infection Control

Introduction into Barbering Theory Work Practical Work



Course Outlines

History of Barbering

Study Skills

Professional Image as a Student and Future Licensee

The Science of Barbering Theory Work Practical Work



Microbiology

Infection Control Specifically to Barbering

Implements, Tools, and Equipment

Anatomy and Physiology

Chemistry

58

Electricity

Properties and Disorders of the Skin, Hair, and Scalp

Professional Barbering Theory Work Practical Work



Treatment of the Hair and Scalp

Shaving and Facial Hair Design

Men’s Haircutting and Styling

Men’s Hair Replacements

** TOTAL 1200 HOURS (453 THEORY & 747 PRACTICAL)

Table 3-1B Minimum Curriculum for a 1500

Barber General Professional Information Theory Work Practical Work





Human Relations


State Law



First Aid


Introduction into Barbering Theory Work Practical Work



Course Outlines


Study Skills


The Science of Barbering Theory Work Practical Work



Microbiology




Chemistry

Electricity


Professional Barbering Theory Work Practical Work


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Chemicals Theory Work Practical Work



Chemical Texture Services

Hair Coloring


Table 3-1C Minimum Curriculum for a Cosmetologist General Professional Information Theory Work Practical Work





Human Relations


State Law



First Aid


The Science of Cosmetology Theory Work Practical Work



Infection Control Specifically for Cosmetology

General Anatomy and Physiology

Skin Diseases and Disorders and Structure

Properties of the Hair and Scalp

Basics of Chemistry

Basics of Electricity

Professional Cosmetology Theory Work Practical Work



Principles of Hair Design

Scalp Care, Shampooing, and Conditioning

Haircutting

Hairstyling

Braiding and Extensions

Wigs and Hair Additions



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Hair Coloring

The Science of Aesthetics Theory Work Practical Work



Infection Control Specifically for Aesthetics


Basics of Chemistry


Basics of Nutrition

Skin Sciences Theory Work Practical Work



Physiology and Histology of the Skin

Disorders and Diseases of the Skin

Skin Analysis

Skin Care Products: Chemistry, Ingredients and Selection

General Aesthetics Theory Work Practical Work



The Treatment Room

Basic Facial

Facial Massage

Hair Removal

Advance Topics and Treatments

Makeup

The Science of Nail Technology Theory Work Practical Work



Infection Control Specifically for Nail Technicians


Skin Structure and Growth

Nail Structure and Growth

Nail Diseases and Disorders

Basics of Chemistry

Nail Product Chemistry

Electricity

Basic Procedures Theory Work Practical Work



Pre and Post Service Procedures

Handling and Exposure Incidents

Performing Basic Manicures and Pedicures

Hand, Arm, Foot, and Leg Messages

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Disinfecting Tools and Implements

Wraps, Tips, Paraffin Wax Treatments

Polishing, UV Gel, and Design

The Art of Nail Technology Theory Work Practical Work



Advanced Manicuring and Pedicuring

Electric Filing

Nail Tips and Wraps

Monomer Liquid and Polymer Powder Nail Enhancements

UV Gels

Creative Design

**TOTAL 1800 HOURS (740 THEORY & 1060 PRACTICAL)

Table 3-1D Minimum Curriculum for Manicurists/Nail

Technicians General Professional Information Theory Work Practical Work





Human Relations


State Law



First Aid


The Science of Nail Technology Theory Work Practical Work








Basics of Chemistry


Electricity







62









Electric Filing

Nail Tips and Wraps


UV Gels

Creative Design


Table 3-1E 1200 Barber to obtain Cosmetology Cross-

Over The Science of Nail Technology Theory Work Practical Work








Basics of Chemistry


Electricity












21 clock hours 27clock hours



Electric Filing

Nail Tips and Wraps


63

UV Gels

Creative Design






Basics of Chemistry


Basics of Nutrition






Skin Analysis





The Treatment Room

Basic Facial

Facial Massage

Hair Removal

Makeup


Chemicals In this section, students will learn:


Hair Coloring

** TOTAL 900 HOURS (301 THEORY & 599 PRACTICAL Theory Work Practical Work


1500 Barber to obtain Cosmetology Cross-Over The Science of Nail Technology Theory Work Practical Work








Basics of Chemistry


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Electricity















Electric Filing

Nail Tips and Wraps


UV Gels

Creative Design






Basics of Chemistry


Basics of Nutrition






Skin Analysis





The Treatment Room

Basic Facial

Facial Massage

Hair Removal

Makeup



65

Table 3-1F Minimum Curriculum Aestheticians General Professional Information Theory Work Practical Work





Human Relations


State Law



First Aid







Basics of Chemistry


Basics of Nutrition






Skin Analysis



36 clock hours 167 clock hours In this section, students will learn:

The Treatment Room

Basic Facial

Facial Massage

Hair Removal


Makeup


Table 3-1G Minimum Curriculum for Hair Stylists General Professional Information Theory Work Practical Work





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Human Relations


State Law



First Aid


The Science of Cosmetology Theory Work Practical Work



Infection Control Specifically for Cosmetology


Skin Diseases and Disorders and Structure

Properties of the Hair and Scalp

Basics of Chemistry


Professional Cosmetology Theory Work Practical Work



Principles of Hair Design

Scalp Care, Shampooing, and Conditioning

Haircutting

Hairstyling

Braiding and Extensions

Wigs and Hair Additions





Hair Coloring


Table 3-1H Cosmetologists to obtain a Barber

Crossover Professional Barbering Theory Work Practical Work



Men’s Clipper Cuts

Shaving

Facial Hair Trimming & Design

**TOTAL 300 HOURS (100 THEORY & 200 PRACTICAL) TITLE 3

LEGISLATIVE RULE BOARD OF BARBERS AND COSMETOLOGISTS

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SERIES 6 SCHEDULE OF FEES

§ 3-6-1. General. 1.1. Scope. -- This legislative rule establishes the various fees that are to be submitted to the Board of Barbers and Cosmetologists by students, instructors and owners and operators of schools of barbering and/or beauty culture and owners of barber, beauty, manicure and aesthetic shops. 1.2. Authority. -- W. Va. Code § 30-27-6. 1.3. Filing Date. -- June 16, 2011. 1.4. Effective Date. -- July 1, 2011. 1.5. Sunset Date . -- Ten (10) years after effective date. § 3-6-2. Schedule of Fees.

2.1 Examination and re-examination fee (to be paid to the National Interstate Council [NIC] sponsored third-party examiner) (Cost of exams are based on NIC rates not to exceed $107.00 $190.00) Current Rates [National Written, National Practical, & State Law - $99.00 $187.00] [National Written and National Practical or National Practical and State Law or National Practical - -$99.00] [National Written and State Law or National Written - $75.00] [State Law - $50.00] [First time & Retake Practical examination - $99.00] [First time & Retake Written & State Law Examination via Computer Based Testing - $88.00] [Retake Written Only Examination via Computer Based Testing - $78.00] [Retake WV State Law Only Examination via Computer Based Testing - $68.00]

2.2 Issuance or License fee $35.00

2.3 Reciprocity, application without exam fee $100.00

2.4 Annual license renewal fee $35.00

2.5 Late renewal fee for license renewal: Plus a $10.00 late fee for each 30 days late not to exceed $205.00

$35.00

2.6 Student permit $25.00

2.7 Initial license fee for a school of Barbering or school of Beauty Culture $1,000.00

2.8 Annual renewal fee for a school $250.00

2.97 Initial licensed instructor fee $50.00

2.108

Annual renewal of licensed instructor fee $50.00

2.9 Late Renewal Fee for instructor license: Plus a $10.00 late fee for each 30 days late not to exceed $205.00

$50.00

2.110

Registration fee for booth or chair rental $15.00

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2.111

Annual renewal for booth or chair rental $15.00

2.132

Late renewal for booth or chair rental: Plus $10.00 late fee for each 30 days late not to exceed $100.00

$15.00

2.143

Shop or school opening inspection fee $50.00

2.154

Duplicate license fee $10.00

2.165

Initial license fee for beauty, barber, manicure, and aesthetician shop $40.00

2.176

Annual renewal fee for beauty, barber, manicure, and aesthetician shop $40.00

2.17 Late Renewal Fee for shop license: Plus a $10.00 late for each 30 days late

$40.00

2.18 Fee for certification of licensure $35.00

2.19 Continuing Education Provide Annual Certificate This is intended for approved providers of continuing education.

$100.00

2.20 Online Sanitation and Law Continuing Education This is for individual licensees that take the Board’s online continuing education classes for sanitation and law.

$25.00

2.21 Place individual license on inactive status $10.00

2.22 Work permit fee $15.00

2.23 Initial certification fee for waxing specialist $35.00

2.24 Annual renewal certification fee for waxing specialist $35.00

2.25 Late renewal fee for waxing specialist certification Plus a $10 late fee for each 30 days late not to exceed $205.00

$35.00

2.26 Initial permit fee for shampoo assistant $35.00

2.27 Annual renewal permit fee for shampoo assistant $35.00

2.28 Late renewal fee for shampoo assistant: Plus a $10 late fee for each 30 days late not to exceed $100.00

$35.00

TITLE 3


SERIES 14

WAXING SPECIALIST

§ 3-14-1. General.

1.1 Scope. -- This legislative rule establishes the minimum requirements for waxing specialist.

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1.2 Authority. -- W. Va. Code § 30-27-8b; W. Va. Code § 30-27-6;

1.3 Filing Date. --

1.4 Effective Date --

1.5 Sunset Date. – Ten (10) years after effective date.

§ 3-14-2. Definitions.

2.1 “Waxing Specialist” is a certified individual who engages in the practicing of waxing and tweezing of hair on another person’s body. § 3-14-3. Qualifications for Waxing Specialist.

3.1. Is at least eighteen years of age;

3.2. Is of good moral character;

3.3. Is in high school or has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United State Department of Education;

3.4. Has paid the applicable fee;

3.5. Has a certificate of health from a licensed physician;

3.6. Is a citizen of the United States or is eligible for employment in the United States;

3.7. Has completed a 100 hour class that consists of: professional requirements, safety and health, skin structure, disorders and diseases, removal of superfluous hair and 25 hours on the clinic floor, supervised, for a total of 125 hours;

3.8. Has passed the appropriate examinations (National Written, Practical, and WV State Law);

3.9. Has submitted an application verifying the requirements within this section; and

3.10 Possesses a United States or state government issued photograph identification card and shall exhibit to the board or its authorized representative. § 3-14-4. Authorized Services by Waxing Specialist.

4.1. Waxing specialists shall only perform services within the definition of waxing specialist in this rule.

4.2. It is unlawful for any person to wax or tweeze or offer to wax or tweeze without a license or certification from the Board.

§ 3-14-5. Display of Certificate.

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5.1. Every waxing specialist shall display his or her certificate or certificate renewal at the station the individual is currently working and shall exhibit the certificate to the board or its authorized representative.

§ 3-14-6. Renewal.

6.1. Certifications are valid for one (1) year and must be renewed annually on or before January 1st of each year.

§ 3-14-7. Duties of Shop Owners.

7.1. Shop owners and/or managers are responsible for ensuring that waxing specialists follow all provisions under the jurisdiction of the board.

§ 3-14-8. Revocation of Permit. 8.1. The certification of a waxing specialist may be revoked or suspended by the Board

for any reason specified herein or otherwise set forth in W. Va. Code § 30-27-1 et seq. § 3-14-9. Administrative Due Process.

6.1. Those persons adversely affected by the enforcement of this rule have the right to request a hearing in a manner pursuant to the provisions of W. Va. Code § 30-27-1 et seq.

TITLE 3


SERIES 2 QUALIFICATIONS, TRAINING, EXAMINATION AND

CERTIFICATION OF INSTRUCTORS IN BARBERING, HAIR STYLING, NAIL TECHNOLOGY, AESTHETICS AND COSMETOLOGY

§ 3-2-1. General. 1.1. Scope. -- This legislative rule establishes the qualifications, training, examination and certification instructors in schools of barbering, hairstyling, nail technology, aesthetics or cosmetology. 1.2. Authority. -- §§ 30-27-6 and 30-27-16 et seq. 1.3. Filing Date. -- June 16, 2011. 1.4. Effective Date. -- July 1, 2011. 1.5 Sunset Date. -- Ten (10) years after effective date. § 3-2-2. General Qualifications for Certification as an Instructor. 2.1. An individual seeking certification must: 2.1.a. Have been licensed five (5) years with five (5) years of salon/shop experience; Have successfully passed a “teaching techniques” course at a post-secondary education level. 2.1.b. Be of good moral character and of temperate habits; 2.1.c. Have a high school diploma, GED, or “ability to benefit” test approved by the United States Department of Education; 2.1.d. Have graduated from a recognized school of barbering, hair

71

styling, aesthetics, nail technology or cosmetology; 2.1.e. Have submitted an application to the Board with the appropriate fees; 2.1.f. Have passed an examination approved by the Board consisting of an NIC Instructor exam written exam, oral and WV State Law exam demonstrative section including subject areas adopted by the Board with at least an 80% pass percentage. 2.1.g. Submit an application to the Board; 2.1.h. Pay applicable certification, examination and registration fees. §3-2-3. Additional Requirements for Certification as an Instructor. 3.1. All barber and cosmetology school owners who expect to employ an instructor shall properly interview the applicant and make a recommendation to the Board, in writing, concerning their knowledge of such applicant's abilities. This recommendation shall accompany the student's application for licensure as an instructor. School owners must submit annual progress reports on all instructors employed in their barber or beauty school to the Board. § 3-2-43. Renewal of Certification as an Instructor. 4.3.1. Continuing education requirements must be completed in order to receive certificate renewal. 4.3.2. The renewal requirements for instructors represent minimum standards for teacher training. In order to maintain well-trained teachers, the Board recommends that an "In-Service" training program be conducted in both the schools of barbering and of beauty culture in the art of teaching. 4.3.3. The applicant for renewal must submit the appropriate fee as specified in 3 CSR 6. § 3-2-54. Reciprocity. 54.1. An applicant from another state seeking certification as an instructor is eligible for certification by reciprocity if the applicant has acquired training in another state equal to the requirements established in this rule for the respective certificate requested: and has passed an NIC Instructor exam and WV State law exam with at least 80% pass percentage. Provided, that the state in which said applicant is certified extends the same privilege to certified instructors from this state. § 3-2-65. Revocation of Certificate. 65.1. The certificate of an instructor in barbering or beauty culture may be revoked or suspended by the Board for any reason specified in W. Va. Code § 30-27-1 et seq. 65.2. Any person who is certified as an instructor has been suspended or revoked may at the discretion of the Board, be entitled to continue to practice barbering or cosmetology. § 3-2-76. Administrative Due Process. 76.1. Those persons adversely affected by the enforcement of this rule have the right to request a hearing in a manner pursuant to the provisions of W. Va. Code § 30-27-1 et seq.

TITLE 3

72


SERIES 2 QUALIFICATIONS, TRAINING, EXAMINATION AND

CERTIFICATION OF INSTRUCTORS IN BARBERING, HAIR STYLING, NAIL TECHNOLOGY, AESTHETICS AND COSMETOLOGY

§ 3-2-1. General. 1.1. Scope. -- This legislative rule establishes the qualifications, training, examination and certification instructors in schools of barbering, hairstyling, nail technology, aesthetics or cosmetology. 1.2. Authority. -- §§ 30-27-6 and 30-27-16 et seq. 1.3. Filing Date. -- June 16, 2011. 1.4. Effective Date. -- July 1, 2011. 1.5 Sunset Date. -- Ten (10) years after effective date. § 3-2-2. General Qualifications for Certification as an Instructor. 2.1. An individual seeking certification must: 2.1.a. Have been licensed five (5) years with five (5) years of salon/shop experience; Have successfully passed a “teaching techniques” course at a post-secondary education level. 2.1.b. Be of good moral character and of temperate habits; 2.1.c. Have a high school diploma, GED, or “ability to benefit” test approved by the United States Department of Education; 2.1.d. Have graduated from a recognized school of barbering, hair styling, aesthetics, nail technology or cosmetology; 2.1.e. Have submitted an application to the Board with the appropriate fees; 2.1.f. Have passed an examination approved by the Board consisting of an NIC Instructor exam written exam, oral and WV State Law exam demonstrative section including subject areas adopted by the Board with at least an 80% pass percentage. 2.1.g. Submit an application to the Board; 2.1.h. Pay applicable certification, examination and registration fees. §3-2-3. Additional Requirements for Certification as an Instructor. 3.1. All barber and cosmetology school owners who expect to employ an instructor shall properly interview the applicant and make a recommendation to the Board, in writing, concerning their knowledge of such applicant's abilities. This recommendation shall accompany the student's application for licensure as an instructor. School owners must submit annual progress reports on all instructors employed in their barber or beauty school to the Board. § 3-2-43. Renewal of Certification as an Instructor. 4.3.1. Continuing education requirements must be completed in order to receive certificate renewal. 4.3.2. The renewal requirements for instructors represent minimum standards for teacher training. In order to maintain well-trained teachers, the Board recommends that an "In-Service" training program be conducted in both the schools of barbering and

73

of beauty culture in the art of teaching. 4.3.3. The applicant for renewal must submit the appropriate fee as specified in 3 CSR 6. § 3-2-54. Reciprocity. 54.1. An applicant from another state seeking certification as an instructor is eligible for certification by reciprocity if the applicant has acquired training in another state equal to the requirements established in this rule for the respective certificate requested: and has passed an NIC Instructor exam and WV State law exam with at least 80% pass percentage. Provided, that the state in which said applicant is certified extends the same privilege to certified instructors from this state. § 3-2-65. Revocation of Certificate. 65.1. The certificate of an instructor in barbering or beauty culture may be revoked or uspended by the Board for any reason specified in W. Va. Code § 30-27-1 et seq. 65.2. Any person who is certified as an instructor has been suspended or revoked may at the discretion of the Board, be entitled to continue to practice barbering or cosmetology. § 3-2-76. Administrative Due Process. 76.1. Those persons adversely affected by the enforcement of this rule have the right to request a hearing in a manner pursuant to the provisions of W. Va. Code § 30-27-1 et seq.

TITLE 3

LEGISLATIVE RULE

WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS

SERIES 11

CONTINUING EDUCATION

§ 3-11-1. General.

1.1. Scope. -- This legislative rule establishes requirements for continuing

education to practice hair styling, barbering, cosmetology, manicuring/nail technology,

and aesthetics. All persons licensed by the Board to practice beauty culture must earn a

minimum of four (4) hours of continuing education credits annually. Barbers who have

been licensed for twenty (20) years or more are exempt from the continuing education

requirements but must take a three (3) hour sanitation class every other year up to

twenty (20) years.

1.2. Authority. -- W. Va. Code §§ 30-27-6, 7, 8 and 9.

1.3. Filing Date. -- April 13, 2010.

1.4. Effective Date. -- July 1, 2010.

1.5. Sunset Date . -- Ten (10) years after effective date. § 3-11-2. Definitions.

2.1. “Approved academic course” means a formal course of study offered by an

accredited post-secondary educational institution as it relates to the barbering,

74

cosmetology, hair styling, manicuring/nail technology, and aesthetics.

2.2. “Approved provider” means a local, state or national agency, organization

or association recognized by the Board.

2.3. “Audit” means the selection of licensees for verification of satisfactory

completion of continuing education during a specified time period, or the selection of

approved providers for verification of adherence to continuing education approved

provider requirements during a specified time period.

2.4. “Beauty Culture” means the act or practice of aesthetics, barbering,

barbering crossover, barber permanent waving, cosmetology, cosmetology crossover,

hair styling and nail care.

2.5. “Contact person” means a person submitting a Request for Approval Form.

2.6. “Continuing education” means planned, organized learning activities

engaged in following initial licensure and designed to maintain, improve, or expand

beauty knowledge and skills or to develop new knowledge and skills related to beauty

culture practice, education, or theory development.

2.7. “Continuing education activity” means a learning activity that is planned,

organized and administered to enhance the professional knowledge and skills

underlying the professional performance that the licensee uses to provide services the

public. To qualify as continuing education, the activity must provide sufficient depth and

scope of a subject area.

2.8. “Continuing education credit” means credit earned for completing a

continuing education activity, expressed in units as provided in section 3.1 of this rule.

2.9. “Continuing Education Provider License” means a licensed provider of

continuing education.

2.10. “Documentation” means proof of participation in a continuing education

activity.

2.11. “Formal offering” means an extension course, independent study, or other

course which is offered, for college credit, by a recognized educational institution.

2.12. “Informal offering” means a workshop, seminar, institute, conference,

lecture, or short term course, which is offered for credit in continuing education units.

2.13. “Objectives” means an expression in measurable and observable terms of

what the participant will learn as a result of the educational activity.

2.14. “Sponsor” means an organization, including professional societies,

academic institutions, individuals, corporations, or governmental agencies, which plans,

organizes, supports, endorses, subsidizes and/or administers educational activities, and

is responsible for the content, quality and integrity of the educational activity.

§ 3-11-3. Continuing Education.

3.1. Each applicant for renewal or reinstatement of a license shall verify that he

75

or she has satisfactorily completed four (4) credits of continuing education during the

prescribed year reporting period.

3.1.a. Units of measurement for continuing education credits are

calculated as follows:

30 to 49 minutes = 0.5 CE credits

50 to 74 minutes = 1 CE credits

75 to 99 minutes = 1.5 CE credits

100 minutes = 2 CE credits

Activities lasting less than 30 minutes are not eligible for credit.

3.1.b. Writing an article which is published in a magazine directly related

to the profession will qualify for 4 credits of continuing education within the continuing

education reporting period. A copy of the article must be maintained by the licensee for

a period of 3 years following the continuing education activity.

3.2. Credits may not be granted for identical continuing education activities

submitted during any single year reporting period. Credits may not be accumulated for

use in a future single year reporting period.

3.3. Documentation of continuing education credits must be submitted with

applications for license renewal.

§ 3-11-4. Exceptions to Continuing Education Requirements.

4.1. Reciprocity applicants and newly licensed applicants are exempt from the

continuing education requirements until the first renewal period after initial West

Virginia licensure.

4.2. A licensee who resides outside of West Virginia and who holds a current

license to practice in a state other than West Virginia shall satisfy the continuing

education requirements for West Virginia in order to renew his or her license in this

state.

4.3. The Board may grant a waiver to a licensee who has a physical or mental

disability or illness or who is providing direct care to a member of his or her immediate

family during all or a portion of the reporting period. A waiver provides for an extension

of time or exception from some or all of the continuing education requirements. Any

licensee may request an application for a waiver from the Board. The Board may

approve or deny an application for waiver after review of the application. The Board

may not grant a waiver of continuing education requirements for more than a one (1)

year reporting period.

4.4 Barbers who have been licensed for twenty (20) years or more are exempt

from the continuing education requirements but must take a three (3) hour sanitation

class every other year up to twenty (20) years.

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§ 3-11-5. Failure to Meet Requirements or Exceptions to Requirements.

5.1. The Board may place the licensee on inactive status without penalty and

may waive the continuing education requirements, providing that the licensee notifies

the Board in writing of his or her desire to have the Board place his or her license on

inactive status before the last day of the reporting period.

5.2. The Board may suspend the license of any person who fails to notify the

Board, in writing, prior to the last day of the reporting period that he or she wishes to

place his or her license on the inactive status.

§ 3-11-6. Reinstatement of a License on Inactive Status or Issuance of a Probational

Temporary License.

6.1. A person wishing to reinstate a license from inactive status or from

suspended status shall:

6.1.a. Make application for reinstatement of the license from inactive

status or suspended status;

6.1.b. Meet the continuing education requirements as set forth in this

rule; and

6.1.c. Pay the fee for reinstatement of the suspended license as specified

in the Board’s rule, Schedule of fees for services rendered.

§ 3-11-7. Audit of Licensee.

7.1. The Board may select any licensee who holds a current license to audit for

compliance with continuing education requirements no fewer than 60 days prior to the

expiration of the license.

7.2. To comply with the audit request from the Board, a licensee shall submit

legible copies of certificates of attendance at continuing education activities.

7.3. The licensee shall submit the required documents within thirty (30) days of

the date he or she receives notification of the audit. The Board may grant an extension

of time for submission of the documents, on an individual basis in cases of hardship, if

the licensee makes a written request for an extension of time and provides justification

for such the request.

7.4. Licensees shall keep certificates of attendance at continuing education

activities, letters verifying special approval for informal offerings from non-approved

providers, transcripts of courses, and documentation of compliance with exceptions for

a three (3) year period following the continuing education activities.

7.5. The Board shall complete the audit within 30 days of receipt of required

documentation and shall notify the licensee of the satisfactory completion of the audit.

7.6. If a person fails to submit the audit information requested by the Board, the

Board may not renew the license Board before the information is received and the audit

is completed.

77

7.7. Licensees shall notify the Board of any changes of mailing address, and are

not absolved from the audit requirements.

§ 3-11-8. Minimum Standards for Approved Provider.

8.1. All providers of continuing education shall complete an application, and pay

the required fees, and obtain a Continuing Education Provider License, before offering

to provide continuing education.

8.2. The Board shall maintain a current list of approved providers which is

available to the public upon request.

8.3. The Board shall notify providers who fail to meet the minimum acceptable

provider standards, in writing, of specific deficiencies and offer a reasonable period of

time to correct deficiencies.

8.4. The Board may remove an approved provider who fails to meet the

approved provider standards from the list of approved providers.

8.5. The providers shall provide a certificate to the licensee indicating the

following information:

8.5.a. Name of licensee who attended the continuing education class;

8.5.b. The date attended;

8.5.c. The value of continuing education credits; and

8.5.d. Contact information for the continuing education provider.

8.6. The providers shall provide a list to the State Board in a Microsoft Excel

format in paper and disc form within 30 days of the continuing education class. The list

shall include:

8.6.a. Names of licensees;

8.6.b. License numbers of licensee;

8.6.c. Location of class;

8.6.d. The date held; and

8.6.e. Title of continuing education class or activity.

8.7. The application for a continuing education provider license shall provide

detailed descriptions of the subject areas, sponsors, speakers, instructors, training

courses, events, demonstrations or shows for which the applicant seeks approval.

§ 3-11-9. Continuing Education Subjects/Events.

9.1. Continued education offerings shall consist of one or more of the following

subject areas or events:

9.1.a. Product information or training;

9.1.b. Events, speakers, or shows by third party administrators held at

beauty schools/conventions;

9.1.c. Tax, business, or computer training or courses;

9.1.d. Styling or application demonstrations;

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9.1.e. Sanitation courses;

9.1.f. HIV/AIDS awareness and other communicable disease awareness

courses;

9.1.g. Training or courses on West Virginia state laws governing the

practices licensed by the board; and

9.1.h. Continuing education activities sponsored by the National

Cosmetology Association (NCA), National Interstate Council of State Boards of

Cosmetology (NIC), National Cosmetology Seminar, Aesthetic International Association,

National Association of Barbering and Hairstyling, National Association of Barber Boards

of American approved courses, seminars, and demonstrations or any other national

association approved by the Board.

§ 3-11-10. Approved Continuing Education Courses

10.1 The Board has approved for continuing education credit any education

course providing instruction in any curriculum, subject matter or discipline included in

the education required for licensure that is submitted to the board or offered by:

10.1.a. A licensed school or instructor, outside of school instruction;

10.1.b. A manufacturer or distributor of barbering;

10.1.c. A barber or cosmetology trade organization; or

10.1.d. Any course offered at an accredited private or public university,

college or community college in this state that relates to the profession or a general

business class.

§ 3-11-1011. Activities Not Acceptable for Continuing Education Credit.

1011.1. The following activities are not acceptable for continuing education

credit:

1011.1.a. Job related practice;

1011.1.b. Development and presentation of programs as part of the

licensee’s on-going job responsibilities;

1011.1.c. Orientation to and update of policies and procedures specific

to the licensee's employing facility;

1011.1.d. Activities which are part of a licensee's usual job responsibility;

and/or

1011.1.e. In-house training from a regular employee, manager or owner

of the facility. TITLE 3

LEGISLATIVE RULES

BOARD OF BARBERS AND COSMETOLOGISTS

SERIES 4

OPERATIONAL STANDARDS FOR SCHOOLS OF

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BARBERING, AND BEAUTY CULTURE COSMETOLOGY, HAIR STYLING, NAIL

TECHNOLOGY AND AESTHETICS

§ 3-4-1. General.

1.1. Scope. -- This legislative rule establishes the operational standards for

schools of beauty culture cosmetology, hair styling, nail technology, aesthetics and

barbering which operate in the State of West Virginia as adopted by the Board of Barbers

and Cosmetologists (hereinafter Board).

1.2. Authority. -- W. Va. Code § 30-27-16. Related - W. Va. Code § 30-27-1 et

seq.

1.3. Filing Date -- May 16, 2013.

1.4. Effective Date. June 1, 2013.

1.5. Sunset Date . -- Ten (10) years after effective date.

§ 3-4-2. Operation of Schools of Barbering and Beauty Culture Cosmetology, Hair

Styling, Nail Technology and Aesthetics

2.1. Record and Posting Requirements

2.1.2a. The school shall prepare an accurate record of the number of hours

devoted to the prescribed subjects during the previous month and the cumulative total of

hours completed since the student's enrollment for each student by permit number. This

record is to be posted on the schools bulletin board at all times and be made available to

all students.

2.1.3b. The school must post a copy of this rule on a bulletin board and

make the rule available to all students in each school.

§ 3-4-3. Classroom and Equipment Standards for Schools of Beauty Culture

Cosmetology, Hairstyling, Nail Technology, Aesthetics and Barbering

3.1. Classrooms, Equipment - Each school of beauty culture shall have a

minimum of two (2) rooms in use at all times. The school shall utilize a classroom for the

teaching of theory, illustrations and lectures. The school shall also utilize a clinical room

for clinical or demonstrative work. A school shall have the following equipment for the

accommodation of up to twenty (20) students each student enrolled. A school shall install

additional equipment in proportion to any increase in enrollment.

(a)3.1.a. One (1) blackboard or whiteboard, not less than 4 x 8 feet in size

for all curriculums.

(b)3.1.b. Twenty (20) dDresserettes and twenty (20) mirrors, or twenty

(20) combination work tables with hydraulic chairs for haircutting. There must be a work

station table and chair for each student enrolled in school at all times during practical

instruction for cosmetology and hair styling.

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(c)3.1.c. Five (5) One (1) shampoo bowls. for every four (4) students in

cosmetology and hair styling, maximum of five (5).

(d)3.1.d. Ten (10) One (1) hood hair dryers. for every ten (10) students in

cosmetology and hair styling, maximum of ten (10).

(e)3.1.e. Three (3) One (1) facial chairs for every seven (7) students in

cosmetology and one (1) facial chair for every two (2) students in aesthetics, maximum

of three (3).

(f)3.1.f. Two (2) One (1) facial supply trays. for every student in

cosmetology and aesthetics.

(g)3.1.g. Four (4) One (1) manicure tables. for every five (5) students in

cosmetology and (1) manicure table for every two (2) students in nail technology,

maximum of three (3).

(h)3.1.h. Sufficient clean linen cabinet space for all curriculums.

(i)3.1.i. One (1) dip (wet) sterilizer disinfectant for each booth and work

table for all curriculums.

(j)3.1.j. Sanitation, dDisinfectant, and sterilizing products sufficient to

accommodate as many students as are engaged in clinical work at any one time.

(k)3.1.k. Sufficient training aids for all curriculums.

(l)3.1.l. Twenty (20) One (1) hairdressing hydraulic chairs. for every

student in cosmetology and hair styling during practical instruction.

(m)3.1.m. Head mannequins to be furnished by the school for each

student, as part of a kit for practical hairdressing cosmetology, aesthetics and hair styling.

(n)3.1.n. Twenty (20) One (1) classroom chairs. for every student (all

curriculums) during practical instruction.

(o)3.1.o. At least ten (10) One (1) waste containers. for every two (2)

students (all curriculums), maximum of ten (10).

(p)3.1.p. One (1) large bulletin board conspicuously located for student

permits, rules, regulations, notices, etc. (all curriculums).

(q)3.1.q. One (1) set of books used solely for the records required by

Section 7 of this rule (all curriculums).

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3.1.r. Any school offering cosmetology, barbering, hairstyling, aesthetics

or nail technology are required to have the rooms for clinical and theory instruction exist

within the same physical structure.

3.2. General requirements for Schools of Beauty Culture Cosmetology, Hair

Styling, Nail Technology, Aesthetics and Barbering.

(a)3.2.a. All schools shall provide and maintain adequate and sanitary rest

room facilities.

(b)3.2.b. A school shall not permit any student to enter any class for

study, or give credit for any work done in school, prior to the time his or her permit has

been received from the Board.

(c)3.2.c. Each school shall maintain a library of suitable reference books

approved annually by the Board.

(d)3.2.d. Each school shall hold regular classes for the teaching of both

the theory and the practice of the profession being taught. Theory classes shall be taught

at least 12 hours per week.

(e)3.2.e. Schools shall not guarantee positions to students, nor guarantee

financial aid to students for help in adequately equipping a beauty shop.

(f)3.2.f. Schools are not limited to any particular system of teaching

beauty culture cosmetology, hair styling, nail technology or aesthetics. Students should

be familiar with the various methods and practices in their profession and the different

supplies and equipment used in the beauty industry. Provided that eEach student must

starts studies at the beginning of the chapter being taught.

(g)3.2.g. Each school must have an admission office, properly equipped

with a filing cabinet, etc., and maintain duplicate copies of records sent to the Board.

(h)3.2.h. Each school shall advertise only under the designation of a

"beauty school" and shall display conspicuously at the entrance to the school a sign in

plain block, display lettering at least one (1) inch in height, to read as follows: "All Work

Done By Students Only."

(i)3.2.i. The school must display all service prices in the clinic area. The

prices must be followed by the words, "Student Work", in lettering at least one half (1/2)

the size of the lettering used to display the price.

(j)3.2.j. During school hours instructors, as well as students, shall wear

washable uniforms which must be kept clean and neat at all times. Instructors shall wear

different uniforms from those worn by the students so they may be easily recognized.

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(k)3.2.k. All bottles and containers in use must be distinctly and correctly

labeled, showing the use for which the contents are intended.

(l)3.2.l. The school shall furnish the Board with a copy of the current

school catalog, student handbook, and a copy of its boilerplate student contracts and

provide the Board with a copy upon changes to the boilerplate contracts. At any time

when changes are made in the catalog or student handbook, the school shall furnish the

Board with a copy of the catalog or handbook prior to implementing the proposed change

or revision. At a minimum, Sstudent catalogs and shall consist of: at least course outlines,

a school grading policy, and class schedules. Student handbooks shall consist of at least

a student attendance policy, student expectations, and school responsibilities. The Board

shall oversee that school catalogs are being followed by schools and students upon the

receipt of a complaint.

(m)3.2.m. Schools shall provide theory and instructor-led demonstrations

on subject matters prior to a student performing the subject matter on a customer.

(n)3.2.n. Students shall not be charged for products used to provide a

service in the school when performed for training purposes or on a paying customer.

This no charge requirement is when the student uses an acceptable amount of the product.

(o)3.2.o. Schools shall furnish students with sanitation, disinfection, and

sterilization products of adequate strength at all times.

(p)3.2.p. Cosmetology and hair styling students shall be taught how to use

clippers and have access to clippers while on the clinic floor.

(q)3.2.q. Schools shall follow the approved catalog, student handbook,

and student contract.

(r)3.2.r. Each student shall periodically be tested on components of the

curriculum as part of regular course study. Students shall receive official school reports

on their progress and standing in classroom theory and practical instruction and clinical

work at least on a quarterly basis.

3.2.s. Any school authorized under this article cannot be established

within the same physical structure as a salon, spa or similar business licensed under W.

Va. Code § 30-27-17.

§ 3-4-4. Classrooms and Equipment Standards for Schools of Barbering

4.1. Classrooms, Equipment - Each school of barbering shall have a minimum of

two (2) clinic rooms in use at all times, one (1) to be known as the junior department and

the other as the senior department. All beginners will receive instruction in the junior

department and will advance to the senior department when they have completed the

minimum number of hours specified by the Board. Both rooms shall be fully equipped

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and arranged in a manner to comply with the rules promulgated by the Board. There shall

be a third room in every school of barbering where class study, examinations and lectures

are held. A school shall have the following minimum equipment before being permitted

to operate:

(a)4.1.a. Ten (10) One (1) complete chair units consisting of one (1) chair,

lavatory, and complete back stand and providing a proper cabinet for immediate linen

supply and individual wet and dry sterilizers disinfectant for each student enrolled during

practical instruction.

(b)4.1.b. One (1) recognized textbook on barbering for each student,

approved by the Board.

(c)4.1.c. Sufficient clean linen cabinet space.

(d)4.1.d. One (1) blackboard or whiteboard, not less than 5' x 8' in size.

(e)4.1.e. One (1) large bulletin board, conspicuously located, for the

posting of rules and regulations, notices, etc.

(f)4.1.f. One (1) file for duplicate copies of reports sent to the office of the

West Virginia Board of Barbers and Cosmetologists.

(g)4.1.g. One (1) set of books used solely for the records required by

Section 7 of this rule.

4.2. The school shall equip the theory study and lecture room with the required a

blackboard from subsection (j) above and charts showing illustrations of the skin,

circulation of the blood, muscles and bones of the face, scalp, neck, arms and hands. The

school shall use this room for the sole purpose of giving scientific theory instructions to

students.

4.3. Each school of barbering shall maintain a library of suitable reference books,

including those books as may be approved and published in a list by the Board.

4.4. Each school of barbering shall hold regular classes for the teaching of both

the theory and practice of all phases of barbering as referenced in section 3.2(d) of this

rule.

4.5. No one in any way connected with any school of barbering shall guarantee

positions to students nor guarantee financial aid to help a student in equipping a barber

shop.

4.6. Schools are urged not to advocate the use of any particular equipment.

Students should be familiar with the different supplies and equipment used in barber

shops.

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4.7. Each school shall advertise only under the designation of a barber school,

and shall display conspicuously at the entrance to the school a sign in plain, block,

display lettering at least one (1) inch in height, as follows: "All Work In This School

Done By Students Only."

4.8. When service prices are displayed, or in any manner advertised by a school

of barbering, they must be followed by the words "STUDENT WORK" in lettering at

least one half (1/2) the size of the lettering used to display the price.

4.9. During school hours, Instructors, as well as students, shall wear washable

coats uniforms which must be kept clean and neat at all times. Instructors shall wear

different uniforms from those worn by the students so they may be easily recognized.

4.10. All bottles and containers in use must be distinctly and correctly labeled,

showing the intended use of the contents.

4.11. A school shall not permit a student enrolled in a school of barbering to

work on a patron who is paying for the service or materials, until such student has

attended the school for a period of three hundred (300) hours two hundred fifty (250)

hours.

4.12. Each student in his senior year, before graduation, must act in the capacity

of manager of the school for at least one (1) week; two (2) weeks, if possible. He or she

shall be in full charge of the clinical division of the school, under the supervision of the

manager of the school.

4.13. Each school of barbering shall furnish the Board with a copy of the class

schedule being used in the school, and copies of all advertising material and student

contracts. At any time, if any changes are made in class schedules, advertising material or

student contracts, the school shall furnish the Board with such revised materials.

§ 3-4-5. Enrollment

5.1. The enrollment in a school of barbering shall not, at any time, exceed one

and one half (1-1/2) students per chair during practical instruction.

§ 3-4-6. Attendance at Schools of Barbering and Beauty Culture Cosmetology, Hair

Styling, Nail Technology and Aesthetics

6.1. All schools of barbering and beauty culture cosmetology, hair styling, nail

technology and aesthetics must establish regular school hours. For the purpose of this

rule, hour means full clock hours.

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6.2. All schools shall require that all students attend classes at least eighty percent

(80%) of the time that they are enrolled in school. Schools shall not require attendance to

exceed eight (8) hours in any twenty-four (24) hour period, exclusive of the lunch period.

6.3. The student must account for any absence for more than twenty percent

(20%) of the time after enrollment by a written excuse from a doctor, dentist, or someone

who can verify to the Board the necessity of the student's absence. Students that fall

below 80% attendance and cannot provide reasonable explanation into the absences in

excess of 20% may be reviewed by the Board for disciplinary action.

§ 3-4-7. Records

7.1. Daily Records – Each school shall keep a daily class record of each student,

showing the number hours earned daily, the total number of hours the student is in

attendance and the days each student is absent. Daily hours shall be recorded by the

school using a time tracking system that cannot be edited by a student. Each student shall

clock himself or herself in and out of school.

7.2. Monthly Records - Schools shall keep a monthly record of the student's

entire enrollment and send this record to the Board on forms furnished to the schools for

that purpose, showing the permit number of each student; the number of months

addressed by the report; the number of, and the days that each student is absent or

present; the overall attendance percentage of each student over the course of the program.

7.3. Permanent Records - The school's manager shall compile a permanent

record, including the information described in subsections 7.1. and 7.2., of each school

from the daily class records. The manager shall keep this compilation up-to-date in a

permanent file, subject to inspection at any time by any member of the Board or any

authorized representative.

7.4. Final - The manager of each school shall compile from the school's records a

summary of each student's subjects, clinical operations, grades, hours and attendance.

The school shall present this record to the student upon graduation and this record shall

also be made a part of the student's application to the Board for licensure by examination.

The manager must sign each copy of the required records and must certify that the record

is correct and that the student has received a diploma from the school.

7.5 Student Rights to Records- Students shall be provided with an individual

monthly report indicating the student’s current monthly hours, current grades in each

section of the curriculum outlined in 3CSR1, total attendance percentage, total hours, and

any warnings, probation, or disciplinary action that has been taken by the school against

the student. Students shall have an official transcript from the school attended to be

eligible for licensure. A student may not receive his or her official transcript until they

have paid the school in full.

§ 3-4-8. Teaching Staff

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8.1. No school may operate with less than two (2) licensed instructors. There

must be one (1) instructor for every thirty (30) students. An instructor shall be in the

classrooms of the school at all hours and supervise all practice student work.

8.2. No instructor in either a school of barbering or a school of beauty culture

cosmetology, hair styling, nail technology and aethetics may use any portion of the

allotted time for school hours, in the performance of any public or private practice of his

or her respective profession, for compensation or remuneration of any form.

8.3. In schools of barbering, there must be at least one (1) monthly illustrated or

demonstrated lecture during the course of instruction. This lecture must be given by a

duly licensed physician or some person who has had special training in anatomy,

hygiene, bacteriology, physiology, electricity and/or other science related to the study of

barbering who is not related to any member of the present teaching staff.

8.4. A demonstrator may exhibit new processes, preparations, and appliances to

the student only in the presence of the licensed instructors.

8.5. Schools may give private lessons to registered barbers, or hair stylists, nail

technicians, aestheticians or cosmetologists who desire to gain more knowledge in any

subject, or subjects, which they are already entitled to practice.

§ 3-4-9. Administrative Due Process

9.1. Those persons adversely affected by the enforcement of this rule have the

right to request a contested case hearing in a manner pursuant to the provisions of W. Va.

Code § 30-27-1 et seq. 29A-5-1 et seq.

§ 3-4-10. Severability

10.1. If any provision of this rule, or the application thereof, to any person or

circumstance is determined to be invalid, such invalidity shall not affect the provisions or

applications of this rule which can be given effect without the invalid provision or

application, and to this end, the provisions of this rule are severable.

TITLE 3

LEGISLATIVE RULE


SERIES 7

SCHEDULE OF FINES

§ 3-7-1. General.

1.1. Scope. -- This legislative rule establishes a system of fines as adopted by

the Board of Barbers and Cosmetologists.

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1.2. Authority. -- W. Va. Code § 30-1-8.

1.3. Filing Date. -- April 13, 2010.

1.4. Effective Date. -- July 1, 2010.


§ 3-7-2. Schedule of Fines.

Any person licensed, certified or holding a salon license under the provisions of

W. Va. Code § 30-27-1 et seq. is subject to the fines specified in this section for the

following conduct, practices or acts:

2.1. Failing to post a shop license, practitioner license or booth certificate in a

publicly visible place within a shop (posting of photocopies, reproductions and pocket

identification cards will be cited as failure to post).

1st offense: Warning $50.00

2nd offense: $50.00 $100.00

3rd offense: $200.00 The Board shall summon the practitioner or shop owner

to appear before the Board for assessment of a fine and/or the

proposed revocation, suspension or refusal to issue a license.

2.2. Working with an expired license.

1st offense: $100.00

2nd offense: $500.00

3rd offense: $1000.00 The Board shall summon the practitioner

or shop owner to appear before the Board for assessment of a

fine and any other penalties allowed by law including refusal to

issue a license.

2.3. Practicing in a shop with an expired work permit/certificate.

1st offense: $100.00 to the practitioner with the expired license

and $50.00 $100.00 to the owner of the shop.

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2nd offense: $500.00 to the practitioner with the expired license

and $500.00 to the owner of the shop.

3rd offense: $1,000.00 to the practitioner with the expired

license and $1,000.00 to the owner of the shop. The Board shall

summon the practitioner or shop owner to appear before the

Board for assessment of a fine and any other penalties allowed by

law including refusal to issue their license.

2.4. Operating a shop with an expired shop license.



3rd offense: $1,000.00 The Board shall summon the practitioner



issue a shop license.

2.5. Operating a shop by a practitioner without first filing a shop application,

paying the fee, and receiving a license.

1st offense: $200.00 to the practitioner

2nd offense: $500.00 to the practitioner

3rd offense: $1,000.00 to the practitioner The Board shall

summon the practitioner or shop owner to appear before the

Board for assessment of a fine and any other penalties allowed by

law including refusal to issue a license.

2.6. Performing services as a practitioner while working in an unlicensed shop.

1st offense: $200.00 to the practitioner

2nd offense: $500.00 to the practitioner

3rd offense: $1,000.00 to the practitioner

2.7. Performing services (when only temporary) in connection with an event

such as, but not limited to, any fair, carnival bazaar, product or business promotion,

weekend market or glamour photos without first obtaining a temporary license.

1st offense: Warning

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3rd offense: $500.00

2.87. Practicing without Board authorization.





fine and/or the revocation, suspension or refusal to issue a

license.

2.98. Performing services which the practitioner and/or shop is are not licensed.

1st offense: $400.00 to the practitioner and/or shop

2nd offense: $1,000.00 to the practitioner and/or shop



fine and/or the revocation, suspension or refusal to issue their

licenses.

2.109. Practicing barbering, cosmetology, facial technology hair styling,

aesthetics, waxing or manicuring without a license/certificate or with a

license/certificate issued to another person.


2nd offense: $1,000.00


or shop owner to appear before the Board for the assessment of a


issue a license.

2.110. Operating a shop without a shop license by a person who is not licensed

is a violation and shall incur the following penalties:





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issue a license.

2.121. Allowing an unlicensed person to practice in a licensed shop (excluding

hair braiders, threaders and make-up artists).





fine and/or the proposed revocation, suspension or refusal to

issue a shop license.

2.132. Altering a license, certificate, or authorization issued by the Board.



3rd offense: $1,500.00 The Board shall summon the person for

the assessment of a fine and/or the proposed revocation,

suspension or refusal to issue a license, certificate or

authorization.

2.143. Failing to meet the specifications relating to exits and fire standards in a

shop located in the basement or above the first floor of a home shall result in

immediate suspension of the shop license until the violation is corrected.

2.154. Failing to identify a shop located in a home by means of a house number

or a sign easily visible from the street.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.165. Failing to have a separate entry for a shop located in a home or to

properly separate the shop from the living area of the home.


2nd offense: $50.00 for each violation $100.00

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3rd offense: $100.00 for each violation $200.00

2.176. Managing a shop in which cosmetology, hair styling, waxing, barbering,

manicuring or skin care is performed without a license.


2nd offense: $100.00 $200.00

3rd offense: $200.00 $400.00

2.187. Failing to submit to an inspection by the Board or refusing to allow the

Board to inspect the premises when the shop is open.





fine and/or the proposed revocation or suspension of a certificate

and/or shop license.

2.198. Failing as a booth renter to inform the Board within 30 days of a change

of work location.

1st offense: $20.00

2nd offense: $50.00


2.2019. Failing to notify the Board of a change of home address within 30 days

of the change.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.210. Failing to apply for a shop license prior to taking over the operation of an

existing shop.


2nd offense: $100.00 $200.00

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3rd offense: $200.00 $400.00

2.221. Moving an existing shop from one location to another without first

submitting to the Board an application and fee for the new location.





fine and/or the proposed revocation, suspension or refusal to

issue a certificate and/or shop license.

2.232. Performing cosmetology, barbering, hair styling, manicuring or skin care

services by a student when not on the premises of the school in which he or she is

enrolled.

1st offense: Warning $150.00 and notify the school

2nd offense: $150.00 $300.00

3rd offense: $300.00 $600.00

2.243. Failing to have adequate lighting in a licensed facility.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.254. Failing to have a supply of both hot and cold running water on the

premises of a licensed facility.

1st offense: Warning $100.00 and immediate suspension of the

shop license until violation is corrected

2nd offense: $100.00 $300.00 and immediate suspension of the


3rd offense: $300.00 $600.00 and immediate suspension of the


2.265. Failing to have toilet facilities available which are “reasonably accessible”

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for a licensed facility employees.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.276. Failing to keep a toilet facility located on the premises of a licensed

facility clean and sanitary.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.287. Having frayed electrical wiring or overloading the electrical circuits in a

licensed facility.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.298. Failing to use clean towels or linens for each client.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.3029. Failing to store clean towels and linens in a clean area.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.310. Failing to use a neck strip or a towel to prevent contact between the skin

of a client’s neck and a hair cloth or cape.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

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2.321. Failing to immediately deposit all used towels with chemical residue in a

closed container.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.332. Failing to ensure that all articles which come in contact with a client are

either disinfected, cleaned or disposed of.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.343. Failing to properly dispense powders, wave solutions, creams, semi-solid

substances or other materials which come in contact with a client.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.354. Failing to deposit all chemical waste materials in a closed container at the

close of each business day or having a closed container available.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.365. Failing to immediately deposit all non-chemical waste and refuse in

covered containers.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.376. Failing to keep any shop waste disposal container clean.

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2nd offense: $50.00 $100.00

3rd offense: $100.00 $150.00

2.387. Failing to have sealable plastic bags and sealable rigid containers

available for use of blood or other bodily fluids, and sharp edged materials at all times

services are being performed.


2nd offense: $300.00 $500.00

3rd offense: $500.00 $1,000.00

2.398. Failing to keep disinfecting solutions at adequate strength for immediate

use at all times a licensed facility is in operation and free of foreign material.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.4039. Failing to discard a disposable emery board, sponge, buffer, or

orangewood stick after use on a client or to give the emery board, sponge, buffer, or

orangewood stick to the client.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.410. Failing to cleanse and disinfect electrical or mechanical hair clipper blades

after use on each client.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.421. Failing in a shop or as a booth renter to provide one or more sanitizers

adequate to the number of practitioners, usage requirements or volume of business.


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2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.432. Failing in a shop or as a booth renter to disinfect tools and implements.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.443. Failing to store disinfected or cleaned tools and implements separately from

all others.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.454. Failing to keep roller-storage receptacles and their contents clean and free of

foreign material.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.465. Failing to keep storage drawers for clean tools and implements clean and to

use such drawers only for clean tools and implements.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.476. Failing to keep storage cabinets, work stations, vanities and the inside of

microwave ovens or other such equipment clean.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.487. Failing to use a disposable cover on the head of a client who is trying on a

97

hairpiece or to clean and label used hair goods as “used” prior to resale.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.498. Having pets in shops, other than fish in an aquarium.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.5049. Failing to have washable, non-absorbent surfaces on all equipment in all

areas of a shop in which hair design, facial technology or manicure services are

performed.


2nd offense: $100.00 $200.00

3rd offense: $200.00 $400.00

2.510. Failing to keep a shop shampoo bowl or sink clean.


2nd offense: $100.00 $200.00

3rd offense: $200.00 $400.00

2.521. Failing to keep equipment in a shop, including upholstery fabrics, clean and

in good repair.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.532. Failing to have washable, non-absorbent floor surfaces in the area(s) of a

shop in which hair design, facial technology or manicure services are performed.


2nd offense: $100.00 $200.00

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3rd offense: $200.00 $400.00

2.543. Allowing hair clippings to accumulate on a licensed facility floor or failing to

dispose of hair clippings in a proper container.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.554. Failing to keep a licensed facility’s walls, floors, base boards, and ceiling clean

and free of excessive spots, mildew, scuff marks, gathered dirt, mold, condensation or

peeling paint.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.565. Performing barbering, cosmetology, hair styling, aesthetics or manicure

services while suffering from a diagnosed communicable disease or condition in a

transmittable form shall result in immediate suspension until the disease or condition is

no longer communicable.

2.576. Treating any disease or knowingly serving any client suffering from a

communicable disease or condition.



3rd offense: $1,000.00 The Board shall summon the practitioner to appear

before the Board for the assessment of a fine and/or the

proposed revocation, suspension or refusal to issue a certificate

and/or shop license.

2.587. Performing barbering, cosmetology, hair styling, aesthetics facial technology

or manicure services without washing one’s hands prior to serving each client.


2nd offense: $25.00 $100.00

3rd offense: $50.00 $200.00

99

2.598. Failing to store chemicals safely to avoid fire, explosion and/or bodily harm

to clients and practitioners.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.6059. Failing to mix chemicals in a dispensing area.


2nd offense: $100.00 $200.00


2.610. Mixing chemicals near an open flame or other potential source of ignition.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.621. Failing to maintain a sanitary and clean facility free of insects.


2nd offense: $100.00 $300.00

3rd offense: $300.00 $600.00

2.632. Failing to provide continuing education documentation from an approved

venue by the Board.

1st offense: License not renewed plus pay all applicable late fees

2nd offense: License not renewed plus pay all applicable late fees and the

board shall summon the practitioner to appear before the Board

for assessment of a fine and any other penalties allowed by law

including refusal to issue license.

2.643. Failing to renew Booth Rental Certificate annually.

1st offense: $10.00 for individual; $50.00 for the establishment

2nd offense: $50.00 for individual; $100.00 for the establishment

100

3rd offense: $100.00 for individual; $200.00 for the establishment The board

shall summon the practitioner and/or shop owner to appear

before the Board for assessment of a fine and any other penalties

allowed by law including refusal to issue license.

2.654. Failing for a shop or shop owner to provide proper/required documentation

of an electrical inspection 30 days after conditional shop opening approval pending

certain documentation.

Each Offense: Closure of shop until electrical certificate is provided

2.66. Failing to provide a list of current booth renters to the Board office yearly with

the shop renewal.

1st offense: Warning and license not renewed until list provided

2nd offense: $100.00 and license not renewed until list provided

3rd offense: The board shall summon the practitioner and/or shop owner to

appear before the Board for assessment of a fine and any other

penalties allowed by law including refusal to issue license.

2.675. Failing to post individual license and/or photo identification card at the work

station the individual is currently working.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.686. Failing to discard files after each use.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

2.697. Failing to use clean towel (terry or paper) on manicure table for each client.


2nd offense: $50.00 $100.00

3rd offense: $100.00 $200.00

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TITLE 3 LEGISLATIVE RULE


SERIES 5 OPERATION OF BARBER, BEAUTY, NAIL, AND AESTHETIC SHOPS/SALONS,

AND SCHOOLS OF BARBERING AND BEAUTY CULTURE § 3-5-1. General. 1.1. Scope. -- This legislative rule governs the sanitary requirements for salons and schools licensed by the Board of Barbers and Cosmetologists. 1.2. Authority. -- W. Va. Code §§ 30-27-5 and 30-27-6. Related -- W. Va. Code §§ 30-27-1, 30-27-15 and 30-27-17 et seq. 1.3. Filing Date. -- April 13, 2010. 1.4. Effective Date. -- July 1, 2010. 1.5. Sunset Date. -- Ten (10) years after effective date. § 3-5-2. Sanitation and Operation Requirements. 2.1. All salons or schools must have cross , or approved, air ventilation before opening. 2.2. All salon’s or school’s respective toilets and adjoining rooms used in connection therewith must be kept clean, sanitary, well lighted and ventilated at all times. The use of chunk alum, powder puffs and styptic pencils in any such salon or school is prohibited. No pets such as cats, dogs, birds, etc., shall be kept in or allowed to inhabit salons or the entrance to such salons or schools. 2.3. Each barber, cosmetologist, aesthetician, nail technician/manicurist, instructor and student shall thoroughly cleanse his or her hands with soap and water immediately before serving any patron. 2.4. Each patron must be served with clean, freshly laundered linen which is kept in a closed cabinet used for that purpose alone. All linens immediately after being used shall be placed in a closed receptacle used for that purpose alone. 2.5. A freshly laundered towel or paper neck strip must be placed around the neck of every patron so that the chair cloth or shampoo apron does not come in contact with the patron's skin.

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2.6. The wiping of hands or instruments of any kind on linen being used is prohibited. 2.7. The head rests of all barber chairs should be wiped down with an approved disinfectant or allow must possess an attachment allowing a change of paper for each customer. Used shaving papers must be deposited in a closed receptacle used for that purpose alone. 2.8. All salons must be equipped with hot and cold running water piped to hot and cold water faucets of a lavatory. For purposes of this rule, a lavatory is that plumbing fixture commonly used for hand washing. An individual lavatory shall be provided for each every two barber chairs in all barber shops, and shall be located in the working area of each barber chair. Waste water must be drained through proper plumbing facilities into the public sewer system. 2.9. All rooms used for salons must be equipped with all implements, supplies, sterilizers, linen and all other equipment and requisites necessary to perform any or all of the services usually rendered in salons. Salons located in residences must have a private entrance, proper toilet facilities and must be confined strictly to rooms used exclusively for barbering or beauty culture services. 2.10. Every barber, hair stylist or cosmetologist who uses hair brushes must have at least six (6) in use. After each brush is used, it must be thoroughly washed and immersed in an approved disinfectant solution, dried and placed in a clean storage bin cabinet sterilizer until used again. 2.11. Every barber, hair stylist or cosmetologist must have at least twelve (12) combs in use. Every comb must be washed and thoroughly sterilized after each use. 2.12. All razors, scissors, tweezers, needles, blades and other instruments shall be thoroughly cleaned and disinfected by immersion in an approved disinfecting solution, after they have been in use, and such tools, instruments and appliances shall, when not in use, be kept in a clean storage bin dry cabinet sterilizer. Massage cups, glass applicators and metallic accessories must be detached after each use and thoroughly washed, disinfected and then placed in a clean storage bin dry sterilizer. The bottom blade of all clippers shall be sponged with a small pledget of cotton that has been dipped in an approved disinfectant before each use. 2.13. Waving fluid, or other liquid preparations, must be applied to the hair only through a sanitary dispenser, or by dripping, pouring, or spraying on the hair. 2.14. All rollers must be cleaned and sterilized after each patron and, when not in use, kept in a closed cabinet or clean storage bin used for that purpose only.

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2.15. The advertised price of a permanent wave must include a shampoo and all other preparations necessary prior to giving the wave, and every act necessary to complete the permanent wave excluding a haircut. The manager of each salon will be held responsible for seeing that the salon has on hand at all times all supplies required to give each individual permanent wave advertised, by name, by that particular salon. 2.16. Each licensee and student shall be held responsible for keeping his or her individual chair, work stand, mirror, drawers, individual sterilizers and entire booth or stand clean and neat during working hours. Each such licensee practicing in any capacity must keep his or her entire personal appearance clean and neat, and above reproach at all times. 2.17. Every licensee must have adequate cabinet space for storing tools and accessories only. Each barber, hair stylist or cosmetologist must have an approved, compartment-type, individual dip sterilizer, which must be of sufficient size to allow combs to be completely submerged. Dip sterilizers may be made of glass, or other non-corrosive materials, and must contain, at all times, an adequate fresh supply of an approved disinfectant. Combs, brushes and other implements shall be washed in soap and water prior to being placed in the dip sterilizer, and shall be dried before being placed in the cabinet sterilizer. 2.18. No person practicing barbering or beauty culture, in any capacity, is permitted to remove warts, moles or skin blemishes. Cosmetologists and aestheticians can perform extraction of skin blemishes. No person may attempt to treat any disease of the skin or scalp. Persons desiring, or in need of treatment of any disease, must be referred to a licensed physician. 2.19. Floors and base boards must be kept clean and free from hair, and where possible, mopped each day. Where cuspidors are used, they must be cleaned at least once a day, and a disinfectant solution left in them at all times. 2.20. Any member of the Board, or its inspectors may enter or inspect any barber, beauty, nail, and aesthetic shops/salons or school of barbering, or beauty culture cosmetology, hair styling, aesthetics or nail technology during business hours to check any part of the premises in order to ascertain whether or not any part of these rules are being violated, and to take any other action necessary to properly enforce the law. 2.21. A copy of this rule must be framed and posted in a conspicuous place in every salon and school of barbering or beauty culture. Licenses must be framed and posted at each work station at which the individual is currently working.

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2.22. Failure on the part of the owner, manager or employee to comply with this rule is a violation of law and sufficient cause for the Board to revoke, or decide not to renew any applicable license. 2.23. For the purposes of this rule, an approved disinfectant means a one-thousandth (1/1000) solution of quaternary ammonium salts of high germicidal activity, or its equivalent. 2.24. All salons or schools opened after the effective date above must have an inspection completed by a licensed electrician stating the electrical wiring within the shop is adequate to the proposed usage of the facility. 2.25. No barber, beauty, nail and aesthetic shops/salons may operate equipment primarily used for a service that is governed by this board that the salon or its licensed workers are not licensed to operate. 2.26. All salon and shop owners and/or managers must present annual records of all booth renters on July 1st of each year. The record should include: name of renter, renter’s license number, name of salon, salon’s license number, and length of current rental or lease agreement. 2.27. All salons and school ceilings, ceiling tiles, floors, flooring tiles, base boards, and walls shall be in good repair without signs of excessive dirt, suspect mold or mildew, or any damage that is considered a threat to public safety and/or sanitation. § 3-5-3. Duty to Carry Out Rules, Reporting and Complaints. 3.1. It shall be the duty of the proprietors of all salons and barber or beauty schools, and all certificate holders, licensees, students, and others to assist in carrying out the provisions of this rule by reporting any violation to the Board or any of its duly authorized agents. 3.2. Complaints may be presented to an inspector at the time of inspection or may be mailed to the Board. Complaints will be investigated as promptly as possible. § 3-5-4. Administrative Due Process. 4.1. Those persons adversely affected by the enforcement of this rule shall have the right to request a hearing in a manner pursuant to the provisions of W. Va. Code § 30-27-120 et seq.

TITLE 3

LEGISLATIVE RULES

WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS

105

SERIES 13

BARBER APPRENTICESHIP (NO CHEMICAL SERVICES)

§ 3-13-1. General.

1.1. Scope. -- This legislative rule establishes a barber apprenticeship.

1.2. Authority. -- W. Va. Code §30-27-8(a).

1.3. Filing Date. -- May 16, 2013.

1.4. Effective Date. -- June 1, 2013.


§ 3-13-2. Definitions.

2.1. “Barber Apprentice” means a permitted person seeking to learn barbering

under a permitted master barber.

2.2. “Master Barber” means a permitted licensed barber that instructs and is

responsible for a barber apprentice during the time of the apprenticeship.

2.3. “Barber Apprenticeship” means the program in which a master barber

instructs a barber apprentice in the profession of barbering which includes theory and

practical instruction.

2.4. “Paying Customer” means an individual paying for services.

2.5. “Cosmetologist” means a person licensed under the provisions of this article

27 chapter 30 who engages in the practice of cosmetology.

§ 3-13-3. Qualifications for a Barber Apprentice.

3.1 To be eligible to practice as a barber apprentice an applicant:

3.1.a. Is at least eighteen sixteen years of age;

106

3.21.b. Is of good moral character;

3.31.c. Has a high school diploma, a GED, or has passed the “ability to

benefit test” approved by the US Department of Education;

3.41.d. Has paid the application fee;

3.51.e. Has a certificate of health from a licensed physician;

3.61.f. Is a citizen of the United States or is eligible for employment in

the United States; and

3.71.g. Has submitted completed application to the Board.

§ 3-13-4. Qualification for a Master Barber Offering Barber Apprenticeship

4.1. To be eligible to be a master barber a licensee:

4.1.a. Has had an active Barber license in West Virginia for at least five

years;

4.21.b. Currently owns Has worked in a licensed barber shop in West

Virginia for the last at least five years with at least two barber chairs in the barber shop;

4.31.c. Is of good moral and responsible character;

4.41.d. Has consistent history of satisfactory inspections conducted by

Board’s agent at shop.

4.51.e. Has an individual license and barber shop license currently in

good standing with the Board; and works in a barber shop currently in good standing

with the Board;

4.61.f. Has paid the application fee; and

4.71.g. Has submitted completed application to the Board.

107

§ 3-13-5. Apprentice Requirements

5.1. To obtain a barber’s license a barber apprentice:

5.1.a. Shall complete 2,400 hours of apprenticeship training offered

solely by a master barber as in Table 1 or in conjunction with a school teaching theory

courses outlined in Table 2 prior to commencing practical work in a licensed facility or

through a Board pre-approved online theory educational program for teaching theory

courses outlined in Table 2.

5.21.b. Shall complete the curriculum listed in Table 1.

5.31.c. Shall obtain a work permit from the Board immediately after

completing apprenticeship hours and while waiting to take the examination. A work

permit can only be issued if the applicant is registered for the upcoming examination

and can only be renewed once.

5.41.d. May receive compensation after earning no less than 600 hours

of apprenticeship hours.

5.51.e. Shall obtain 100 hours of theory work focusing on General

Professional Information, The Science of Barbering, and Professional Barbering

categories, as indicated in Table 1, before commencing practical work on a mannequin.

Applicant must also obtain at least 50 hours of practical work on a mannequin before

practicing on a live individual in a licensed facility.

5.61.f. Shall use Milady Barbering Textbook or Pivot Point Barbering

Textbook, less than 5 years from published date, for apprenticeship theory work.

5.71.g. Shall successfully pass each chapter review examination with at

least a 70% and shall retain each examination for a period of two years after completion

of apprenticeship program.

5.81.h. Shall complete apprenticeship program within 30 months of

commencing studies.

5.91.i. Shall have direct supervision from the registered Master Barber

while performing services.

108

5.101.j. Shall work with Master Barber to ensure accurate record keeping

including, but not limited to, daily hours attended, number of customers serviced, hours

spent learning theory, and other information to assist with ensuring completion of the

apprentice program. A Board created and required records form will be issued to

apprentice and Master Barber. Tracking of hours, services, and education progress will

be indicated on the form.

5.11.k. Shall keep all records on file at the Master Barber’s shop for

inspection by the Board or its agents.

5.12.l. Shall have access to all records pertaining to his/her

apprenticeship within three days of request from Master Barber.

5.13.m. Shall submit to questions from Board’s agent pertaining to

sanitation steps and processes used.

5.14.n. Shall submit an application for registration for licensure after

completing apprenticeship and passing the barber examination.

§ 3-13-6. Master Barber Requirements.

6.1 To be a master barber a licensed barber shall:

6.1.a. Follow the curriculum listed in Table 1 if apprentice follows Table 1

for licensure.

6.21.b. Promote good attendance from applicant that would ensure

completion of the barber apprenticeship within 30 months of commencing studies.

6.31.c. Ensure apprentice completes at least 150 hours and is

professionally competent before practicing on a live individual in a licensed facility.

6.41.d. Grade and oversee completion of theory work and written

examinations.

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6.51.e. Oversee and check all practical work performed during the

apprenticeship.

6.61.f. Use Milady Barbering Textbook or Pivot Point Barbering Textbook,

less than 5 years from published date, for apprenticeship theory work.

6.71.g. Keep accurate records to include name of apprentice(s), daily

hours attended, number of customers serviced, hours spent learning theory, and other

information to assist with ensuring completion of the apprentice program.

6.81.h. Submit monthly records on a form created by the Board

electronically. as mentioned in 6.7 to the Board.

6.91.i. Have no more than two apprentices at any time.

6.10.j. Assume professional responsibility over apprentice at all times

while apprentice is in the shop and must have direct supervision over apprentice while

apprentice is performing services.

6.11.k. Perform frequent practical demonstrations for apprentice to

include haircuts, shaves, styling, and other techniques commonly used by licensed

barbers. Demonstrations may be done on paying customers or mannequin. Master

Barber will determine when an apprentice is ready to perform on paying customer,

provided that, apprentice has completed at least 350 hours of the apprenticeship

program.

6.12.l. Submit to inspection of shop, apprentice documents, and other

required records ensuring compliance with this rule and other rules created by the

Board.

6.13.m. Earn 4 3 hours of continuing education every calendar other year

in accordance to series 11.

§ 3-13-7. Master Barber’s Shop Requirements

7.1. Shop shall have at least two working barber chairs.

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7.2. Shop shall maintain proper equipment in good repair and products to

perform daily services typically offered in a barber shop.

7.3. Shop shall have and post a sign clearly visible to the public indicating a

barber apprentice is on staff and shall have service prices indicating the cost for barber

apprentice.

§3-13-8. Cosmetologist Requirements for Barber Apprenticeship

8.1 A cosmetologist who wants to obtain licensure as a barber through an

apprentice program shall:

8.1.a. Submit application to the Board;

8.21.b. Pay the applicable issuance fee;

8.31.c. Have a West Virginia license in good standing;

8.41.d. Complete 20 hours of apprenticeship in shaving and its

techniques with 2 hours being in theory and 18 hours being in practical work and

demonstration observations;

8.51.e. Complete 60 hours of apprenticeship in clipper technique and

style with 5 hours being in theory and 55 hours being in practical work and

demonstration observations;

8.61.f. Complete the total 80 hour apprentice program within 6 months

of commencing studies; and

8.71.g. Sit for the barber examination and must pass within 6 months of

completing apprenticeship.

§ 3-13-9. Revocation of Master Barber and Barber Apprentice Permit

9.1. The permit of a Master Barber and Barber Apprentice may be revoked or

suspended by the Board for any reason specified in W.Va. Code § 30-27-1 et seq.

111

§ 3-13-10. Administrative Due Process

10.1. Those persons adversely affected by the enforcement of this rule have the

right to request a hearing in a manner pursuant to the provisions of W.Va. Code § 30-27-

1 et seq.

TABLE 1

(Option 1: Full Apprentice in a Shop Under Master Barber)

General Professional Information Theory Work 100 Clock Hours

Practical Work 0 Clock Hours

In this section, students will learn by reading required textbook, lectures from Master Barber, and chapter review examinations:

· Professional Development

· Effective Communication

· Human Relations

· Business Management/Ownership

· State Law

· Sanitation in the Licensed Facility

· Sanitation Processes and Guidelines

· First Aid

· General Infection Control

The Science of Barbering Theory Work 200 Clock Hours


Introduction into Barbering Theory Work 3 Clock Hours



· Course Outlines

· History of Barbering

· Study Skills

· Professional Image as a Student and Future Licensee

112


· Microbiology

· Infection Control Specifically to Barbering

· Implements, Tools, and Equipment

· Anatomy and Physiology

· Chemistry

· Electricity

· Properties and Disorders of the Skin, Hair, and Scalp

Professional Barbering Theory Work 150 Clock Hours

Practical Work 1797 1,397 Clock

Hours

In this section, students will learn by watching demonstrations of the items below, reading required textbook, lectures from Master Barber, and chapter review examinations:

· Treatment of the Hair and Scalp

· Shaving and Facial Hair Design

· Men’s Haircutting and Styling

· Men’s Hair Replacements

TABLE 2

(Option 2 Part 1: Theory of Apprenticeship at a School)

General Professional Information Theory Work

100 Clock

Hours

Practical Work

0 Clock Hours

Total Barbering Program TOTAL HOURS- 2,000 2,400

Theory Work 453 Clock Hours

Practical Work 1947 1,547 Clock

Hours

113

In this section, students will learn by reading required textbook, lectures from

Master Barber, and chapter review examinations:



Human Relations


State Law



First Aid


The Science of Barbering Theory Work

200 Clock Hours Practical Work

0 Clock Hours



Microbiology




Chemistry

Electricity


Introduction into Barbering Theory Work

3 Clock Hours Practical

Work

0 Clock Hours



Course Outlines


Study Skills


114

Total Barbering Theory by school/online

TOTAL HOURS of THEORY 453 hours

Theory Work

453 Clock

Hours

Practical Work

0 Clock Hours

Professional Barbering Theory Work

150 Clock

Hours

Practical Work

0 Clock Hours

In this section, students will learn by watching demonstrations of the items

below, reading required textbook, lectures from Master Barber, and chapter

review examinations:





115

TABLE 3

(Option 2 Part 2: Practical Work in a Shop Under Master Barber)

The Science of Barbering/General

Professional Information (continued)

Theory Work


150 Clock Hours



Microbiology




Chemistry

Electricity




First Aid


Professional Barbering Theory Work


1,797 Clock

Hours

In this section, students will learn by watching demonstrations of the items

below, reading required textbook, lectures from Master Barber, and chapter

review examinations:





WISCONSIN

Total Barbering Practical with Master

Barber

TOTAL HOURS-1,947

Theory

Work

0 Clock

Hours

Practical Work

1,947 Clock

Hours

116

No Response Received.

WYOMING No Statute Changes this Legislative Session; however, a

proposed amendment to the rules that will lower the

cosmetology hours to 1600 will become effective soon.

Documents

LEGISLATIVE REPORT 2016 - NIC Testing...12 (3) two persons licensed as hairdressers under this chapter, one of 13 whom is also licensed as an esthetician under this chapter; [AND]