Bill Text: MI SB1112 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Occupations; cosmetologists; hair styling licensure; provide for. Amends secs. 1201, 1205, 1206 & 1207 of 1980 PA 299 (MCL 339.1201 et seq.) & adds sec. 1210b. TIE BAR WITH: SB 1111'16

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-10-18 - Referred To Committee On Regulatory Reform [SB1112 Detail]

Download: Michigan-2015-SB1112-Introduced.html

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SENATE BILL No. 1112

 

 

October 18, 2016, Introduced by Senators KNOLLENBERG, JONES, KOWALL, HERTEL and WARREN and referred to the Committee on Regulatory Reform.

 

 

     A bill to amend 1980 PA 299, entitled

 

"Occupational code,"

 

by amending sections 1201, 1205, 1206, and 1207 (MCL 339.1201,

 

339.1205, 339.1206, and 339.1207), as amended by 1997 PA 97, and by

 

adding section 1210b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1201. As used in this article:

 

     (a) "Apprentice" means an individual who is engaged in

 

learning cosmetology in a cosmetology establishment.

 

     (b) "Braiding" means providing or offering to the general

 

public for compensation any of the following services solely for

 

development or improvement of physical qualities of the natural

 

hair structure:

 

     (i) Intertwining in a systematic motion to create patterns in

 

a 3-dimensional form.

 

     (ii) Inversion or outversion flat against the scalp along the

 

part of a straight or curved row.

 

     (iii) Twisting in a systematic motion.

 

     (iv) Extension with natural or synthetic fibers.

 

     (c) "Cosmetologist" means an individual who renders or offers

 

to render cosmetology services.

 

     (d) "Cosmetology" means 1 of the following services or a

 

combination of the following services:

 

     (i) Hair care services.styling.

 

     (ii) Skin care services.

 

     (iii) Manicuring services.

 

     (iv) Electrology.

 

     (e) "Cosmetology establishment" means the premises on which

 

cosmetology or 1 or more of its services are rendered or are

 

offered to be rendered. performed or offered. Cosmetology

 

establishment does not include a school of cosmetology.

 

     (f) "Electrologist" means an individual who renders performs

 

or offers to render perform electrology.

 

     (g) "Electrology" means the permanent removal of hair from the

 

body of an individual by the use of electricity.

 

     (h) "Esthetician" means an individual who renders performs or

 

offers to render perform skin care services.

 

     (i) "Hair care services" styling" means arranging, cutting,

 

dressing, curling, waving, cleansing, singeing, bleaching,

 

coloring, tinting, trimming, styling, relaxing, perming,

 

straightening, or similar work upon the hair of the head or a wig

that an individual is wearing.

 

     (j) "Hair stylist" means an individual who performs or offers

 

to perform hair styling.

 

     (k) (j) "Instructor" means an individual who teaches or offers

 

to teach 1 or more cosmetology services in a school of cosmetology.

 

     (l) (k) "Manicuring services" means the cleansing, filing,

 

shaping, buffing, polishing, or beautifying of the nails of the

 

hands or feet, and the cleansing, massaging, stimulating,

 

exercising, or beautifying of the skin of the hands, arms, and

 

feet, manually or with the use of tools, appliances, or cosmetic

 

preparations, including the repair of nails, or the creation or

 

decoration of artificial nails. Manicuring services do not include

 

the practice of podiatric medicine and surgery as defined in

 

section 18001 of the public health code, 1978 PA 368, MCL

 

333.18001.

 

     (m) (l) "Manicurist" means an individual who renders performs

 

or offers to render perform manicuring services.

 

     (n) (m) "Natural hair cultivation" means techniques that

 

result in tension on hair strands such as twisting, wrapping,

 

weaving, extending, locking, or braiding of the hair by hand. ,

 

which work The term does not include the application of dyes,

 

reactive chemicals, or other preparations to alter the color or to

 

straighten, curl, or alter the structure of the hair.

 

     (o) (n) "Natural hair culturist" means a person an individual

 

who is engaged in natural hair cultivation but does not include a

 

person an individual who is engaged in natural hair cultivation if

 

that activity is performed as part of the practice of a recognized

religion.

 

     (p) (o) "Owner" means a person who that owns and conducts a

 

cosmetology establishment or a school of cosmetology.

 

     (q) (p) "School of cosmetology" means the premises where on

 

which cosmetology or 1 or more of its services are taught.

 

     (r) (q) "Skin care services" includes the following services

 

or combination of services:

 

     (i) Beautifying the skin of the body of an individual by the

 

use of cosmetic preparations, antiseptics, tonics, lotions, or

 

creams, including body wrapping.

 

     (ii) Cleansing or stimulating the skin of the body by the use

 

of the hands, devices, apparatus, or appliances, with or without

 

the use of cosmetic preparations, antiseptics, tonics, lotions, or

 

creams.

 

     (iii) The temporary removal of hair from the body of an

 

individual by the use of depilatories, waxes, razors, scissors,

 

clippers, or tweezers.

 

     (iv) Giving facials, applying removable makeup, applying

 

eyelashes, or any other application of a preparation or beauty

 

enhancement to the body of an individual but does not include

 

applying permanent makeup or the use of tanning equipment.

 

     (s) (r) "Student" means an individual who is engaged in

 

learning cosmetology or 1 or more of its services in a school of

 

cosmetology.

 

     Sec. 1205. (1) The department shall issue a license to a

 

person for the operation of a school of cosmetology if all of the

 

following requirements are met:

     (a) An application is submitted by the owner or manager of the

 

school.

 

     (b) The application includes a drawing or diagram that

 

indicates the premises to be licensed, showing confirms that the

 

premises are fully partitioned from any other activity, business,

 

or dwelling, . The and shows the location of required equipment and

 

facilities. shall also be shown on the diagram.

 

     (c) A cash or surety bond of $10,000.00 has been is furnished

 

in favor of the people of this state for the use and benefit of

 

students and conditioned upon on the faithful performance and

 

satisfaction of the contractual rights of students.

 

     (d) Provisions have been made for the school to be under the

 

The school has made provisions for the daily supervision of the

 

school by a licensed instructor who has at least 3 years'

 

experience in all services of cosmetology being that are taught in

 

the school.

 

     (e) The premises has successfully passed an inspection by the

 

department conducted for the purpose of determining whether the

 

school has met the standards set forth in this article and rules

 

promulgated by the director.

 

     (2) A school of cosmetology shall fulfill all of the following

 

requirements:

 

     (a) Shall maintain a course of practical training and

 

technical instruction, as outlined in the various curricula set

 

forth in rules promulgated by the director, equal to the

 

requirements for prelicensure training under this article. A school

 

of cosmetology shall teach hair care services, styling, skin care

services, and manicuring services and may hold a limited license

 

for the teaching of electrology. However, a school of cosmetology

 

with a license limited only to the teaching of electrology shall

 

teach only electrology and not any other cosmetology service.

 

     (b) Shall possess efficient apparatus and equipment,

 

prescribed as required in rules promulgated by the director, that

 

are sufficient for the ready and full teaching of each subject in

 

the curriculum.

 

     (c) Shall maintain 1 person licensed as an instructor , who is

 

licensed under this part and is competent to impart instruction in

 

each subject of its curriculum, for every 20 students.

 

     (d) Shall be operated for teaching purposes only. Instructors

 

shall practice on the public only to demonstrate techniques to

 

students and to correct the work of students.

 

     (e) Shall provide for the display of the license of the school

 

of cosmetology and of each instructor working in the school in a

 

prominent place that is visible to the public at all times. A sign

 

shall be displayed indicating The school shall display a sign that

 

indicates that services are rendered performed by students of the

 

school.

 

     (f) At the time of the enrollment of a student, shall furnish

 

the student a financial contract showing that states the total cost

 

and all charges involved in the complete course of study.

 

Advertising matter put out by schools, when mentioning If any

 

advertising by the school mentions the cost of tuition or related

 

subjects, shall furnish the school shall include the same financial

 

information as described in this subsection.subdivision in the

advertising.

 

     (3) A cosmetology establishment exacting that charges a fee

 

for the teaching of cosmetology or 1 or more services of

 

cosmetology is considered a school of cosmetology and is required

 

to comply with this section. A cosmetology establishment conducting

 

that conducts an apprenticeship program without charging a fee for

 

the teaching of cosmetology shall comply with subsection (5). A

 

cosmetology establishment which that has successfully trained 1

 

apprentice is eligible to train additional apprentices except that

 

a cosmetology establishment shall not have more than 2 apprentices

 

at the same time.

 

     (4) The department may issue a limited school of cosmetology

 

license to a school teaching that teaches only electrology. A

 

school of cosmetology whose license is limited to teaching only

 

electrology shall fulfill all of the requirements of this section,

 

except that an electrology instructor shall provide the daily

 

supervision of the school shall be provided by an electrology

 

instructor and the curriculum offered and equipment and facilities

 

required shall be only those required for the teaching of

 

electrology.

 

     (5) A school of cosmetology or a cosmetology establishment

 

conducting that conducts an apprenticeship program shall comply

 

with all of the following requirements:

 

     (a) Require Shall not require that a student or apprentice be

 

in attendance not more than 7 hours per day or not more than 40

 

hours per week.

 

     (b) Keep Shall keep a daily record of the attendance of each

student or apprentice, send a copy of which shall be sent each

 

daily record of attendance to the department monthly, establish

 

grades, and require a student or apprentice to pass an examination

 

before certifying to the department that an individual has

 

completed training.

 

     (c) Permit a cosmetology student or apprentice to practice on

 

the public only after completing at least 350 hours of instruction

 

in the general cosmetology curriculum, including both theory and

 

practical hours. A student or apprentice in a natural hair

 

cultivation, hair styling, manicuring, skin care, or electrology

 

curriculum may practice on the public only after completing at

 

least 1/4 of the hours required by the applicable curriculum,

 

including both theory and practical hours.

 

     (6) The transfer of ownership or location of a school of

 

cosmetology voids the license. The filing of a new license

 

application is a predicate to the required before any change in

 

ownership or location of a school.

 

     Sec. 1206. (1) The department shall issue a license as a

 

cosmetology instructor to an individual who meets all of the

 

following requirements:

 

     (a) Is of good moral character.

 

     (b) Has a high school diploma or its equivalent.

 

     (c) Is licensed as a cosmetologist under this article.

 

     (d) Has at least 3 years of practical experience in natural

 

hair cultivation, hair care services, styling, skin care services,

 

and manicuring services, at least 1 year of which shall be is in a

 

cosmetology establishment.

     (e) Has completed not less than 500 hours of instructor

 

training.

 

     (f) Has passed an examination approved by the department and

 

the board.

 

     (2) The department shall issue a license as an electrology

 

instructor to an individual who meets all of the following

 

requirements:

 

     (a) Is of good moral character.

 

     (b) Has a high school diploma or its equivalent.

 

     (c) Is licensed as an electrologist under this article.

 

     (d) Has at least 3 years of practical experience in

 

electrology, at least 1 year of which shall be is in a cosmetology

 

establishment holding a limited license for the practice of

 

electrology.

 

     (e) Has completed not less than 300 hours of instructor

 

training.

 

     (f) Has passed an examination approved by the department and

 

the board.

 

     (3) The department may issue a limited instructor's license to

 

an individual who meets all of the requirements of either

 

subsection (1) except for subsection (1)(d) or subsection (2)

 

except for subsection (2)(d). The holder of a limited instructor's

 

license shall not supervise a school of cosmetology at any time.

 

     (4) The department may issue a limited specialist instructor's

 

license to an individual who meets all of the following

 

requirements:

 

     (a) Is of good moral character.

     (b) Has a high school diploma or its equivalent.

 

     (c) Is licensed as a manicurist, natural hair culturist, hair

 

stylist, or esthetician.

 

     (d) Has completed not less than 300 hours of instructor

 

training.

 

     (e) Has passed an examination approved by the department and

 

the board.

 

     (5) The A specialist instructor's license issued under

 

subsection (4) shall limit the instruction given by that the

 

individual is authorized to provide to only the service in which he

 

or she is licensed.

 

     Sec. 1207. The department shall issue a cosmetologist license

 

to an individual who fulfills all of the following requirements:

 

     (a) Is not less than at least 17 years of age.

 

     (b) Is of good moral character.

 

     (c) Has had an education equivalent to the completion of the

 

ninth grade.

 

     (d) Has completed either not less than a 1,500-hour course of

 

study in a licensed school of cosmetology or has served as an

 

apprentice for not less than 2 years in a licensed cosmetology

 

establishment in which hair care services, styling, skin care

 

services, and manicuring services are offered. The training shall

 

include a minimum number of practical applications as prescribed in

 

rules promulgated by the director.

 

     (e) Has passed an examination prescribed by the department and

 

the board.

 

     Sec. 1210b. The department shall issue a license as a hair

stylist to an individual who fulfills all of the following:

 

     (a) Is at least 17 years of age.

 

     (b) Is of good moral character.

 

     (c) Has had an education equivalent to the completion of the

 

ninth grade.

 

     (d) Has completed at least 1,100 hours of training in a

 

licensed school of cosmetology in which the practice of hair

 

styling is taught or has studied for at least 2 years as an

 

apprentice in a licensed cosmetology establishment where hair

 

styling services are offered. The training shall include a minimum

 

number of practical applications as prescribed in rules promulgated

 

by the director.

 

     (e) Has passed an examination prescribed by the board and the

 

department.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.____ (request no.

 

06385'16) of the 98th Legislature is enacted into law.