Bill Text: DE SB133 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Cosmetology And Barbering.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-06 - Signed by Governor [SB133 Detail]
Download: Delaware-2013-SB133-Draft.html
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SPONSOR: |
Sen. Poore & Rep. Brady |
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Sens. Lopez, Pettyjohn, Sokola, Townsend; Reps. Bennett, Bolden, Outten, Peterman |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 133 |
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AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO COSMETOLOGY AND BARBERING. |
Section 1.Amend Chapter 51, Title 24 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§5101. Definitions.
As used in this chapter:
(14) "Professional-in-charge" means a licensee who is responsible for the operation of a cosmetology shop, including ensuring that all employees are licensed, where required by law.
(14) (15)
"School of cosmetology," "school of electrology,"
"school of nail technology," "school of barbering" means
any place or part thereof where cosmetology, barbering, electrology, nail
technology or any of the practices are taught, whether or not such place holds
itself out as such.
(15)(16) "State" means the State of
Delaware.
(16) (17)
"Substantially related" means the nature of the criminal conduct, for
which the person was convicted, has a direct bearing on the fitness or ability
to perform 1 or more of the duties or responsibilities necessarily related to
cosmetology, barbering, electrology, nail technology or aesthetics.
§5106. Powers and duties.
(a) The Board of Cosmetology and Barbering shall have the power to:
(10) Where it has been determined after a
disciplinary hearing that penalties or sanctions should be imposed, to
designate and impose the appropriate sanction or penalty, after time for
appeal has lapsed;
(11) Bring proceedings in the courts for the enforcement of this chapter;
(12) Take such action outlined in §5117 of this title with regard to unlicensed practitioners;
(13)
Establish by rule and regulation the curriculum to be completed by an
instructor for any of the professions regulated by this chapter;
(14)
(13) Evaluate certified records to determine whether an applicant for
licensure who previously has been licensed, certified or registered in another
jurisdiction to practice cosmetology, barbering, nail technology and/or
electrology has engaged in any act or offense that would be grounds for
disciplinary action under this chapter and whether there are disciplinary proceedings
or unresolved complaints pending against such applicant for such acts or
offenses;
(15)
(14) Authorize agents of the Division to inspect any shop or school
where cosmetology, barbering, electrology, nail technology or aesthetics
services are offered, rendered or taught, or any other place where such
services are offered, rendered or taught;
(16)
(15) Require continuing education of licensees as established by Board
rules and regulations; and
(17)
(16) Prohibit the use of methyl methacrylate (MMA).
§5107. Qualifications of applicant; judicial review; report to Attorney General.
(a) All persons applying for a license to practice under this chapter:
c.
Master barbers. -- The successful completion of a minimum of 1,500 classroom
hours of continuous training for a complete course in barbering, passing of
a barber's chemical examination and submission to the Board, pursuant to Board
rules and regulations, of an additional 600 hour apprenticeship for chemicals
under a master barber or cosmetologist.School owners shall have the option of the amount of hours of training
per day not to exceed 10 hours and shall be able to choose which days of the
week the student works provided the hours accumulated do not exceed 40 hours
per week. The Board shall establish by regulation the portion of the 1,500
classroom hours that may be credited to an applicant who previously obtained
classroom hours while studying to become an aesthetician, nail technician or
electrologist. The Board shall establish by regulation the portion of the 3,000
apprenticeship hours that may be credited to an applicant who previously
obtained apprenticeship hours while studying to become an aesthetician, nail
technician or electrologist. Any barber who was issued a barber's license by
the Division prior to April 28, 2008, shall be deemed a master barber; .
A barber may qualify for a master barber's license upon taking and passing a
barber's chemical examination and upon submitting to the Board, pursuant to
Board rules and regulations, documentation of successful completion of an
additional 600-hour apprenticeship for chemicals under a master barber or
cosmetologist;
d.
Barbers. – The successful completion of a minimum of 1,500 classroom hours
of continuous training for a complete course in barbering, or the The
completion of 3,000 hours in an apprenticeship to a licensed barber with the
total number of hours worked per day not to exceed 10 hours, nor to exceed 40
hours per week;
e.
Nail technicians. -- The successful completion of a course of training in nail
technology of not less than 300 hours in a school of nail technology or
cosmetology; or successful completion of 600 hours as an apprentice under the
supervision of a licensed nail technician. In either case, training is not to
exceed 10 hours per day or 40 hours per week; . A person applying for
licensure by apprenticeship prior to June 26, 2010, shall complete
300-apprenticeship hours in not less than 6 weeks and not more than 24 months;
(8) Shall not have any disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant previously has been, or currently is, licensed to practice cosmetology, barbering, electrology or nail technology.
§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 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),
and (7) and (8) of this title.
§5111. Issuance of license;
renewal; inactive status; reinstatement; lapsed license.
(c) As of June 26, 2011, the Board will not
place a licensee on inactive status. Any inactive licensee has until June 26,
2011, to activate that inactive licensee's own license. Any inactive licensee
who fails to have that inactive licensee's own license activated before the
deadline will be required to reapply for licensure as a new applicant.
(d) (c)
A former licensee, who has been penalized for a violation of a provision of
this chapter, or whose license has been suspended or revoked, and who
subsequently is permitted to apply for reinstatement, shall apply for a new license,
successfully complete all examinations, and pay all appropriate fees before the
person may be licensed.
§5114. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in §5113 of this title applies to a practitioner regulated by this chapter:
(5) Revoke a
practitioner's license. ;
(6) Permanently revoke a practitioner's license.
§5118. Licensure of cosmetology shops.
(b) An application for shop licensure shall identify the professional-in-charge and shall include notarized acknowledgement by the person identified as the professional-in-charge. At all times, the professional-in-charge shall be licensed pursuant to this chapter and shall hold a license in good standing as defined in §§5107(a)(4) – (8). A licensee may serve as professional-in-charge for only one shop at any given time.The Board shall be notified in writing of any change in the professional-in-charge within ten business days of such change.
(b) (c)
All cosmetology shops shall renew their licensure biennially, paying fees set
by the Division of Profession Regulation. All cosmetology shops shall fully
comply with all the rules and regulations promulgated by the Board as provided
for in this chapter. The Board of Cosmetology and Barbering, by regulation,
shall establish the minimum equipment necessary for schools registered to
instruct any of the occupations regulated by this chapter. Nothing
contained in this chapter shall prevent a person from operating a licensed
cosmetology shop in the person's home, provided there is full compliance with
all applicable health regulations and this chapter.
(c) (d)
No cosmetology shop shall accept an apprentice unless said salon or shop shall
have on its staff at least 1 individual licensed in the profession for which
instruction is being provided; further, that such salon or shop may register 1
additional apprentice for each additional licensed professional attached to its
staff. In addition, such salon or shop shall possess the necessary apparatus
and equipment for the proper instruction in all subjects for the practices for
which a license is required under this chapter; and shall maintain a daily
record of the attendance of such apprentice or apprentices, together with the
number of hours of apprenticeship; and shall certify to the Board upon
termination of such apprenticeship the credits earned. Such instruction shall
consist of the necessary training for a complete course comprising all, or the
majority, of the practices of cosmetology, barbering, nail technology and
electrology as provided in this chapter; and such course shall include
theoretical studies and practical demonstrations in sanitation, sterilization
and other safety measures, and the use of antiseptics, cosmetics and electrical
appliances, consistent with the practical and theoretical requirements as
applicable to cosmetology, barbering, nail technology and electrology as
provided for in this chapter.
(d) (e)
Any person, firm or corporation teaching any or all of the practices of
cosmetology, including barbering, nail technology and electrology, shall be
required to comply with all provisions applicable to establishments having
apprentices; and any and all rules which may be promulgated by the Board
established in accordance with this chapter. No school of cosmetology,
barbering, nail technology or electrology or beauty salon, barbershop, nail
salon or electrology establishment, shall operate within this State unless a proper
license under this chapter has first been obtained. The practice of cosmetology
and other professions regulated by this chapter shall not be taught or
practiced in this State; except in a duly licensed establishment except as
provided for elsewhere in this chapter.
(e) (f)
Nothing contained in this chapter shall affect the instructional program of
cosmetology as conducted in the public schools of this State. Any student, who
has successfully completed the prescribed course in cosmetology in a state public
school, shall be eligible to take the examinations required by this chapter.
§5121. Requirements for apprenticeships.
(c) An apprentice shall work a minimum of 25
hours per week to acquire the minimum 3,000 hours of apprenticeship training.
All apprentice training must be completed within 4 years of the first day of
training.
(d) (c)
An apprentice must display that apprentice's own apprenticeship license at that
apprentice's own work station, in a place readily visible to anyone receiving
that apprentice's services.
(e) (d)
An apprentice may not be the employer of the supervising licensee.
§5127. Qualifications.
(a) No person shall be licensed under this subchapter unless the person has:
(2) Completed a
course of study of not less than 600 hours in the principles pertaining to the
practice of aesthetics; or completed 1200 hours in an apprenticeship to a
licensed aesthetician, with the total number of hours worked per day not to
exceed 10, nor to exceed 40 per week. An apprenticeship must be completed
within 2 years;. A person applying for licensure by apprenticeship
prior to June 26, 2010, shall complete 600 apprenticeship hours in not less
than 15 weeks and not more than 36 months;
(6) Shall not have a criminal conviction record nor pending criminal charge relating to an offense the circumstances of which substantially relate to the practice of aesthetics. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the conviction or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the conviction or charge is substantially related to actions as a licensed aesthetician. However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(6), if it finds all of the following:
c.
The applicant is capable of performing as a certified licensed
aesthetician in a competent and professional manner.
(8) Shall not have any disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant previously has been, or currently is, licensed to practice aesthetics.
§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 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), and
(7) and (8) of this title.
§5132. Operation of aesthetics schools.
(a) Any school which holds a current license to conduct a school for the purpose of teaching cosmetology and/or its branches, may apply for approval by the Board to teach a course pertaining to the principles of aesthetics. Every school shall at all times be in the charge, and under the immediate supervision, of an aesthetics instructor.
§5133. Equipment.
Every school shall have, and shall
maintain in good working condition, appropriate and sufficient equipment for
its entire student body. Minimum equipment for an aesthetic school shall be
established by regulation by the Board of Cosmetology and Barbering.
§5134. Instructors.
(a) Every
school shall at all times be in the charge, and under the immediate
supervision, of an aesthetics instructor.
(b) (a)
Aesthetic instructors shall have successfully completed an education equivalent
to a twelfth grade education. Proof of the required education shall be a
certified high school transcript or any other document or affidavit which
constitutes reliable proof of educational attainment as determined by the
Board. In addition, the applicant shall be licensed pursuant to this chapter
and shall have completed a teacher training course, consisting of a minimum of
500 hours of instruction in a registered school of aesthetics, or at least 2
years experience as an active licensed, practicing aesthetician, supplemented
by at least 250 hours of instruction in a teacher training course. In addition,
an aesthetics instructor shall have successfully passed an instructor examination
designated by the Board in its rules and regulations. A licensed aesthetician
who has been teaching aesthetics prior to enactment of this statute, and who
provides the Board with proof, to the Board's satisfaction, of not less than
900 hours of teaching experience at a registered school of aesthetics, shall be
exempted from this provision.
(c)(b) As set forth in Board rules and
regulations, foreign-trained applicants shall provide evidence satisfactory to
the Board of training equivalent to that required in subsection (b) (a)
of this section, in addition to meeting all other requirements of this
subchapter.
SYNOPSIS
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This Bill adds a definition and requirements for the professional-in-charge, the licensee who is responsible for the operation of a shop, including ensuring that employees are licensed.Unlicensed practice has been a challenge for the Board and adding requirements for shop supervision will help address this challenge.This Bill also strengthens good standing requirements for reciprocity applicants and adds a provision that applicants may not have open disciplinary matters pending against them.The Bill gives the Board the express authority to permanently revoke a license.Finally, the Bill corrects and clarifies certain provisions.For example, Section 3 of this Bill clarifies that a barber may obtain a license through either education or apprenticeship. |
Author: Senator Poore
