PRINTER'S NO. 2496
No. 1987 Session of 1999
INTRODUCED BY ALLEN, BATTISTO, YOUNGBLOOD, ARGALL, PHILLIPS,
KENNEY, LUCYK, SANTONI, PETRONE, CALTAGIRONE, BARLEY, PERZEL
AND FEESE, OCTOBER 20, 1999
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
OCTOBER 20, 1999
AN ACT
1 Amending the act of May 3, 1933 (P.L.242, No.86), entitled, as
2 amended, "An act to promote the public health and safety by
3 providing for examination, licensing and granting of permits
4 for those who desire to engage in the profession of
5 cosmetology; defining cosmetology, and regulating cosmetology
6 shops, schools, students, apprentices, teachers, managers,
7 manicurists and cosmetologists; conferring powers and duties
8 upon the Commissioner of Professional and Occupational
9 Affairs in the Department of State; providing for appeals to
10 certain courts by applicants and licensees; and providing
11 penalties," defining "booth space"; and prohibiting booth
12 rental.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1 of the act of May 3, 1933 (P.L.242,
16 No.86), referred to as the Cosmetology Law, is amended by adding
17 a definition to read:
18 Section 1. Definitions.--The following words and phrases
19 when used in this act shall have the meanings given to them in
20 this section unless the context clearly indicates otherwise:
21 * * *
22 "Booth space" means that area of a cosmetology shop in which
1 a licensed operator or a holder of a limited license provides to
2 clients any service for which a license is required under this
3 act.
4 * * *
5 Section 2. Section 4.4 of the act, amended July 30, 1984
6 (P.L.479, No.100), is amended to read:
7 Section 4.4. Management of Cosmetology Shops.--(a) An owner
8 of a cosmetology shop, licensed as a cosmetologist, may manage
9 his own shop if he operates therein exclusively; otherwise, he
10 shall employ a licensed manager or licensed teacher to manage
11 the shop. This section does not prohibit coownership of
12 cosmetology shops by licensed cosmetologists who operate therein
13 exclusively. This section does not prohibit an owner who is a
14 barber from employing a cosmetologist without the requirement
15 that a cosmetologist-manager also be employed.
16 (b) When a cosmetology shop manager or teacher who manages a
17 cosmetology shop is absent from the shop during a period not to
18 exceed three months, due to such reasons as, including, but not
19 limited to, illness or vacation, a licensed cosmetologist may
20 serve as temporary manager. If the absence exceeds two weeks in
21 length, the manager or teacher shall notify the board in
22 writing. A notice identifying the temporary manager shall be
23 displayed in the shop. A temporary manager assumes the
24 responsibilities of a cosmetology shop manager pursuant to
25 regulations adopted by the board.
26 Section 3. The act is amended by adding a section to read:
27 Section 12.2. Booth Rental Prohibited.--The rental of booth
28 space by a cosmetology shop owner or manager in a cosmetology
29 shop licensed under this act to any holder of a license issued
30 under this act is unlawful.
19990H1987B2496 - 2 -
1 Section 4. This act shall take effect immediately.
I28L63DMS/19990H1987B2496 - 3 -