Bill Text: PA HB1868 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for eligibility for examination and for limited licenses.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2012-10-24 - Act No. 161 [HB1868 Detail]

Download: Pennsylvania-2011-HB1868-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 2405, 3510 PRINTER'S NO. 4074
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1868 Session of2011
INTRODUCED BY GILLESPIE, D. COSTA, FLECK, GIBBONS, CREIGHTON AND MOUL, SEPTEMBER 26, 2011
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, REPORTED AS AMENDED, SEPTEMBER 25, 2012
AN ACT
Amending the act of May 3, 1933 (P.L.242, No.86), entitled, as
amended, "An act to promote the public health and safety by
providing for examination, licensing and granting of permits
for those who desire to engage in the profession of
cosmetology; defining cosmetology, and regulating cosmetology
salons, schools, students, apprentices, teachers, managers,
manicurists and cosmetologists; conferring powers and duties
upon the Commissioner of Professional and Occupational
Affairs in the Department of State; providing for appeals to
certain courts by applicants and licensees; and providing
penalties," further providing for eligibility for examination
and for limited licenses; and providing for massage therapist <--
practice in licensed cosmetology salons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4 and 5 of the act of May 3, 1933
(P.L.242, No.86), referred to as the Cosmetology Law, amended
July 7, 2006 (P.L.704, No.99), are amended to read:
Section 4. Eligibility Requirements for Examination.--No
person shall be permitted by the board to take an examination to
receive a license as a cosmetologist unless such person (1)
shall be at least sixteen years of age and of good moral
character at the time of making application, and (2) shall have
completed a tenth grade education or the equivalent thereof, or
in lieu of such education or the equivalent thereof shall have
received training from or under the auspices of the Bureau of
Rehabilitation in the Department of Labor and Industry, and (3)
shall have either (i) completed not less than one thousand two
hundred fifty hours as a student in a duly registered school of
cosmetology as hereinafter provided in this act, or (ii) shall
have been registered and served as an apprentice at least two
thousand hours in a licensed cosmetology salon as hereinafter
provided in this act. The application shall be accompanied by a
notarized statement from either the licensed cosmetology school
the applicant attended or the licensed cosmetology teacher in
the licensed cosmetology salon where the applicant studied and
trained, stating that the applicant has completed the study and
training period required under this act. No person shall be
permitted to take an examination for a license to teach
cosmetology or natural hair braiding, nail technology or
esthetics unless such person shall have a license to practice
cosmetology or a limited license, be at least eighteen years of
age, shall have completed a twelfth grade education or the
equivalent thereof and have had five hundred hours of
specialized training as set forth in section 6 of this act which
hours shall be in addition to the hours necessary to qualify for
a license to practice cosmetology or a limited license. An
applicant for a license to teach cosmetology, natural hair
braiding, nail technology or esthetics shall be permitted to
take the theoretical part of the examination upon completion of
at least four hundred hours of the specialized training
required. Notwithstanding clause (3)(i), an applicant shall be
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permitted to take the theoretical part of the examination upon
completion of at least nine hundred hours of instruction in a
duly registered school of cosmetology.
Section 5. Limited Licenses.--(a) An applicant for a
limited license shall be at least sixteen years of age, be of
good moral character, have completed a tenth grade education or
the equivalent thereof and pay the applicable fee to the board.
(b) The board shall issue the following limited licenses to
qualified applicants:
(1) Esthetician license, which shall authorize the holder to
engage in the practice of esthetics only. An applicant for an
esthetician license shall have completed three hundred hours of
instruction in esthetics in a licensed school of cosmetology and
passed an examination limited to that practice. Licensed
estheticians may operate a salon limited to that license. An
applicant shall be permitted to take the theoretical part of the
examination upon completion of at least two hundred fifty hours
of instruction in esthetics in a licensed school of cosmetology.
(2) Nail technician license, which shall authorize the
holder to engage in the practice of nail technology only. An
applicant for a nail technician license shall have completed two
hundred hours of instruction in nail technology in a licensed
school of cosmetology and passed an examination limited to that
practice. Licensed nail technicians may operate a salon limited
to that license. An applicant shall be permitted to take the
theoretical part of the examination upon completion of at least
one hundred fifty hours of instruction in nail technology in a
licensed school of cosmetology.
(3) (i) Natural hair braiding license, which shall
authorize the holder to engage in the practice of natural hair
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braiding only. An applicant for a natural hair braiding license
shall have completed three hundred hours of board-approved
subjects relating to sanitation, scalp care, anatomy and natural
hair braiding in a cosmetology school and passed an examination
limited to that practice. Licensed natural hair braiders may
operate a salon limited to that license. An applicant shall be
permitted to take the theoretical part of the examination upon
completion of at least two hundred fifty hours of instruction in
natural hair braiding in a licensed school of cosmetology.
(ii) The requirements of paragraph (3)(i) shall not apply
and a license to practice natural hair braiding shall be issued
to an applicant who:
(A) has submitted an application, along with the required
fee, within one year of the board's promulgation of final
regulations required under this section; and
(B) can demonstrate proof of practice of natural hair
braiding for three consecutive years immediately prior to the
date of application for licensure. Proof of practice shall
require tax records of employment and an affidavit from the
applicant and the applicant's immediate supervisor where
applicable. The board shall accept the information provided
without penalty to the applicant for failure to comply with
licensing provisions prior to the effective date of this
subsection.
(c) Within two years of the initial issuance of a license
under subsection (b)(3)(ii), the licensee shall provide the
board with proof that the licensee completed one hundred fifty
hours of education from a school of cosmetology as a condition
of renewal of the license. The courses shall include, at a
minimum, scalp care, hygiene and occupational safety.
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Section 2. The act is amended by adding a section to read: <--
Section 9.3. Massage Therapist Practice in Licensed
Cosmetology Salons.--A licensee under the act of October 9, 2008
(P.L.1438, No.118), known as the Massage Therapy Law, shall be
permitted to practice massage therapy within a licensed
cosmetology salon. Any licensed salon which employs a licensed
massage therapist shall not be required to erect or install any
physical barriers separating the areas used for massage therapy
from the areas used for cosmetology. All licensed salons shall
conform with the provisions of section 4.4 of this act. The
salon owner or designated person in charge shall be responsible
for the conduct of any massage therapist employed and shall
ensure the massage therapist complies with this act and the
requirements of the Massage Therapy Law.
Section 3 2. This act shall take effect in 60 days. <--
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