PRINTER'S NO. 2391
No. 1834 Session of 2001
INTRODUCED BY THOMAS, WASHINGTON, JAMES, YOUNGBLOOD, WATERS,
MYERS, OLIVER AND EACHUS, JUNE 22, 2001
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 22, 2001
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," further providing for definitions, for practice
12 of cosmetology or hairbraiding without license prohibited,
13 for limited licenses, for temporary licenses and for fees.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 1 of the act of May 3, 1933 (P.L.242,
17 No.86), referred to as the Cosmetology Law, is amended by adding
18 definitions to read:
19 Section 1. Definitions.--The following words and phrases
20 when used in this act shall have the meanings given to them in
21 this section unless the context clearly indicates otherwise:
22 * * *
23 "Cosmetology" includes any or all work done for compensation
1 by any person, which work is generally and usually performed by
2 cosmetologists, and which work is for the embellishment,
3 cleanliness and beautification of the human hair, such as
4 arranging, braiding, dressing, curling, waving, permanent
5 waving, cleansing, cutting, singeing, bleaching, coloring,
6 pressing, or similar work thereon and thereabout, and the
7 removal of superfluous hair, and the massaging, cleansing,
8 stimulating, manipulating, exercising, or similar work upon the
9 scalp, face, arms or hands, or the upper part of the body, by
10 the use of mechanical or electrical apparatus or appliances or
11 cosmetics, preparations, tonics, antiseptics, creams or lotions,
12 or by any other means, and of manicuring the nails, which
13 enumerated practices shall be inclusive of the term cosmetology
14 but not in limitation thereof.
15 * * *
16 "Hairbraider" means an individual who is engaged in the
17 practice of hairbraiding.
18 "Hairbraiding" means the specialized practice of twisting,
19 braiding and weaving natural hair fashions, including the use of
20 hair extensions.
21 * * *
22 Section 2. Sections 2, 5, 12.1 and 16 of the act, amended
23 June 30, 1984 (P.L.479, No.100), are amended to read:
24 Section 2. Practice of Cosmetology or Hairbraiding without
25 License Prohibited.--It shall be unlawful for any person to
26 practice or teach cosmetology or hairbraiding, manage a
27 cosmetology, manicurist [or], cosmetician or hairbraiding shop,
28 to use or maintain any place for the practice of cosmetology or
29 hairbraiding, for compensation, or to use or maintain any place
30 for the teaching of cosmetology or hairbraiding, unless he or
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1 she shall have first obtained from the department a license as
2 provided in this act.
3 Section 5. Limited Licenses.--(a) A limited license to
4 manicure the nails only [and] or to practice as a cosmetician
5 only or as a hairbraider only may be applied for and granted
6 under all of the terms and conditions of this act, except that
7 the examination therefor may be limited to such practice only
8 and the required schooling shall be not less than one month. A
9 manicurist may operate a shop limited to manicuring. A
10 cosmetician may operate a shop limited to that license. A
11 hairbraider may operate a shop limited to hairbraiding. The
12 board may promulgate regulations with respect to such shops.
13 (b) A limited license to practice hairbraiding only may be
14 applied for and granted under all of the terms and conditions of
15 this act, except that the examination shall be limited to
16 hairbraiding, safety, sanitation and subjects relevant to the
17 practice of hairbraiding. The board shall promulgate regulations
18 on hairbraiding, including the education required to practice
19 hairbraiding. The education required for the limited license of
20 hairbraiding shall not exceed three hundred hours. Regulations
21 required under this section shall be promulgated within eighteen
22 months of the effective date of this subsection.
23 (c) Applicants shall meet the following requirements for
24 licensure:
25 (1) Be at least eighteen years of age or older.
26 (2) Successfully complete the educational requirements and
27 examination established by the board by regulation.
28 Section 12.1. Temporary Licenses.--(a) Upon payment of the
29 required fee, a temporary license may be issued to any applicant
30 who is eligible for admission to a cosmetologist's examination
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1 or a manicurist's examination. An applicant who is thus licensed
2 shall practice only under the supervision of a licensed teacher-
3 manager or cosmetologist until the time of the next scheduled
4 examination. Temporary licenses are granted for a nine-month
5 period.
6 (b) Within one year of the effective date of this
7 subsection, a person who, on the effective date of this
8 subsection, has been practicing as a hairbraider for at least
9 three years may qualify for a temporary license without
10 satisfying the education requirements of this act. Temporary
11 licenses shall be effective from the date of issuance and shall
12 expire eighteen months from the effective date of this
13 subsection. Temporary licenses are not renewable. Temporary
14 license holders, in order to continue to practice after the
15 expiration of the temporary license, must successfully complete
16 the examination requirement for licensure and apply for and be
17 issued a license.
18 Section 16. Fees.--(a) The board shall, by regulation, fix
19 the following fees: (1) for the issuance of a license, with or
20 without examination, for cosmetology shop owners, managers,
21 teachers, cosmetologists, manicurists, manicurist shops,
22 hairbraiders, hairbraiding shops, students, cosmetology schools
23 and for registration fee for apprentices; and (2) biennial
24 renewal fees for cosmetology shop owners, managers, school
25 instructors, cosmetologists, manicurists, cosmetology schools
26 and manicurist shops. Fees for registration, licensure and
27 examination shall be paid in advance to the department into the
28 Professional Licensure Augmentation Account.
29 (b) In case a cosmetology shop owner changes the location of
30 his or her shop a new license must be secured. The board shall,
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1 by regulation, fix the fee required for such new license.
2 (c) All fees required pursuant to this act shall be fixed by
3 the board by regulation and shall be subject to the act of June
4 25, 1982 (P.L.633, No.181), known as the "Regulatory Review
5 Act." If the revenues raised by fees, fines and civil penalties
6 imposed pursuant to this act are not sufficient to meet
7 expenditures over a two-year period, the board shall increase
8 those fees by regulation so that the projected revenues will
9 meet or exceed projected expenditures.
10 (d) If the Bureau of Professional and Occupational Affairs
11 determines that the fees established by the board pursuant to
12 subsection (c) of this section are inadequate to meet the
13 minimum enforcement efforts required by this act, then the
14 bureau, after consultation with the board and subject to the
15 "Regulatory Review Act," shall increase the fees by regulation
16 in an amount that adequate revenues are raised to meet the
17 required enforcement effort.
18 (e) Current fees charged by the board shall continue until
19 such time as changes are made in accordance with the "Regulatory
20 Review Act."
21 Section 3. This act shall take effect in 30 days.
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