June 10, 2009, Introduced by Reps. Dean, Roy Schmidt, Lemmons, Gonzales, Kandrevas, Bledsoe, Robert Jones, Bettie Scott, Hammel, Polidori, Stanley, Espinoza, Melton, Lipton, Durhal, Johnson, Jackson, Tlaib, Switalski and Bauer and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1203a, 1207, and 1211 (MCL 339.1203a,
339.1207, and 339.1211), section 1203a as added and sections 1207
and 1211 as amended by 1997 PA 97.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1203a. (1) An individual shall not render any form of
cosmetology services, with or without compensation, on any
individual other than a member of his or her immediate family
without a license under this article. However, this article does
not apply to an individual, person, or premises licensed under
article 11 while rendering the services of a barber. The
prohibition in this subsection regarding the performing of
cosmetology services or obtaining of compensation does not apply to
a student or apprentice cosmetologist performing certain services
under supervision of the cosmetology school or cosmetology
establishment training the student or apprentice. A student or
apprentice performing services is subject to the minimum 350-hour
instruction completion requirement of section 1205(5)(c).
(2) An individual licensed as a cosmetologist under this
article may render hair care services, skin care services, natural
hair cultivation, and manicuring services as part of the practice
of cosmetology, but shall not render electrology without being
licensed as an electrologist.
(3) The department may license an individual to render
manicuring services, natural hair cultivation, or skin care
services in accordance with his or her training. An individual
licensed as a manicurist, natural hair culturist, or esthetician
shall only render that particular service and shall not render any
other cosmetology service without being licensed for that service.
An individual licensed as a manicurist, natural hair culturist, or
esthetician shall not render electrology without being licensed as
an electrologist.
(4) An individual licensed as an electrologist shall render
only electrology services and shall not render any other
cosmetology service without separately being licensed to render
those services.
Sec. 1207. The department shall issue a cosmetologist license
to an individual who fulfills all of the following requirements:
(a) Is not less than 17 years of age.
(b) Is of good moral character.
(c) Has had an education equivalent to the completion of the
ninth grade.
(d) Has completed either not less than a 1,500-hour course of
study in a licensed school of cosmetology or has served as an
apprentice for not less than 2 years in a licensed cosmetology
establishment in which hair care services, skin care services, and
manicuring services are offered. The training shall include a
minimum number of practical applications as prescribed in rules
promulgated by the director. The department shall, by rule,
determine a maximum amount of training course hours successfully
completed by an applicant for a cosmetology license in another
state or country, to be documented by the applicant for credit
toward the 1,500-hour course of study required under this
subsection.
(e) Has passed an examination prescribed by the department and
the
board.
Sec. 1211. (1) Upon submission of an application to the
department, an individual licensed to perform cosmetology services
under the laws of another state shall, without examination, be
granted a license to practice the services for which that
individual was previously licensed if the applicant is not less
than 17 years of age, is of good moral character, and the
requirements for registration or licensure in the particular state
were substantially equal to the requirements then in force in this
state. The department, not later than 12 months after the effective
date of the amendatory act that amended this subdivision, shall
adopt an abbreviated but substantively equivalent examination that
applies to students or apprentices having documented experience and
training in another state or country and takes into consideration
the previous levels of accomplishment of those students and
apprentices. Where necessary, the department shall accommodate the
student or apprentice with an interpreter and allow the written
portion of any examination to be answered in his or her native
tongue.
(2) Years or months of experience may be substituted for hours
of training in a ratio of 100 hours of training credited for each 6
months of experience. An individual applying for licensure having
qualifications acquired outside of the United States shall provide
proof of training or experience, or both. The department may
determine whether or not an applicant is qualified to be licensed
without examination.