Bill Text: DE HB123 | 2015-2016 | 148th General Assembly | Draft


Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Cosmetology, Barbering, And Licensure Of Aestheticians.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Passed) 2015-07-28 - Signed by Governor [HB123 Detail]

Download: Delaware-2015-HB123-Draft.html


SPONSOR:

Rep. J. Johnson & Sen. Henry

 

Reps. Baumbach, Bolden, Gray, Keeley, Lynn, Osienski, Potter

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 123

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO COSMETOLOGY, BARBERING, AND LICENSURE OF AESTHETICIANS.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1.Amend Section 5109, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5109. Reciprocity.

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this State. An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove to the satisfaction of the Board that the individual has worked in another jurisdiction or jurisdictions in the field for which the individual is seeking a license in Delaware for a period of 3 out of the last 5 years immediately preceding application in this State. All applicants shall submit evidence verified by oath that, in all states in which the applicant is or was licensed, the applicant's license is in good standing as defined in § 5107(a)(4), (5), (6), (7) and (8) of this title.

Section 2.Amend Section 5131, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5131. Reciprocity.

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this State. An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove to the satisfaction of the Board that the individual has worked in another jurisdiction or jurisdictions in the field for which the individual is seeking a license in Delaware for a period of 3 out of the last 5 years immediately preceding application in this State. All applicants shall submit evidence verified by oath that, all states in which the applicant is or was licensed, the applicant's license is in good standing as defined in § 5127(a)(5), (6), (7) and (8) of this title.


SYNOPSIS

This bill revises the statutory provisions relating to reciprocity requirements for barbers, cosmetologists, and aestheticians. Currently an applicant from a state with licensure standards less stringent than those of Delaware must show 5 continuous years of practice in the other state immediately preceding application to Delaware, in order to receive a Delaware license under reciprocity provisions.  Under this revision, the applicant is required to show work in the other jurisdiction for 3 out of the last 5 years.  This will offer more flexibility for the applicant who has had a break in employment in his or her profession but nevertheless ensures that reciprocity applicants have sufficient experience.

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