Bill Text: MI HB5224 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Occupations; barbers; education and training requirements for cosmetology and barber licensing; revise. Amends secs. 1110 & 1205 of 1980 PA 299 (MCL 339.1110 & 339.1205).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-16 - Referred To Second Reading [HB5224 Detail]

Download: Michigan-2017-HB5224-Introduced.html

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HOUSE BILL No. 5224

 

 

November 7, 2017, Introduced by Reps. Yaroch, Lucido, LaFave, Chang and Brann and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1980 PA 299, entitled

 

"Occupational code,"

 

by amending sections 1110 and 1205 (MCL 339.1110 and 339.1205),

 

section 1110 as amended by 2014 PA 137 and section 1205 as amended

 

by 1997 PA 97.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1110. (1) The department shall license a barber college

 

that meets all of the following requirements:

 

     (a) Through its owners or managers, has applied to the

 

department for a license.

 

     (b) Provides Subject to subsection (6), provides an

 

educational program requiring completion of 225 hours of classroom

 

study, demonstrations, and recitations and 1,575 hours of practical

 

barber training.

     (c) Meets the sanitation standards required of barbershops as

 

set forth in rules promulgated by the board and determined by

 

inspection by the department.

 

     (d) Files and maintains a corporate surety or cash bond of

 

$10,000.00 conditioned on the faithful performance and satisfaction

 

of the contractual rights of students enrolled in the barber

 

college.

 

     (e) Employs or contracts with not fewer than 2 full-time,

 

licensed instructors and ensures that both of the following are

 

met:

 

     (i) At any time classroom study or theory training is given to

 

any number of students, at least 1 instructor is present.

 

     (ii) If practical training occurs, there is at least 1

 

instructor present for every 30 students at all times.

 

     (f) Is completely partitioned from any other place of business

 

or dwelling. A person shall not conduct any other business from a

 

barber college than the rendering of barber services and the

 

teaching of barbering, although a barber college may sell at retail

 

to patrons those preparations used on patrons who are receiving

 

barbering services from students.

 

     (g) Provides reasonable classroom facilities and other

 

equipment for the proper instruction of students described in this

 

subdivision and rules promulgated by the board, including 1

 

stationary wash basin with hot and cold running water and a

 

connected drain for every 2 barber chairs. A barber college shall

 

arrange its enrollment and course scheduling so that students are

 

not required to share the use of a training station during any

practical training period.

 

     (2) Except as provided in this subsection, a student

 

instructor may not instruct without a supervising instructor

 

present in the room. In case of emergency, a student instructor may

 

instruct up to 30 students, but the barber college shall provide

 

notice of the emergency to the department in writing and ensure

 

that an instructor is on the premises at all times. Use of a

 

student instructor as a substitute instructor under this subsection

 

shall not continue for more than 7 consecutive days without written

 

approval of the department certifying the emergency circumstances.

 

     (3) The license of a barber college is automatically revoked

 

if there is a transfer of ownership or change of location of a

 

barber college. The department shall not grant a new license to new

 

owners or for a new location unless the requirements of subsection

 

(1) are met.

 

     (4) The classroom courses of a barber college shall include at

 

least all of the following: scientific fundamentals for barbering;

 

hygiene; bacteriology; histology of hair, skin, and nails;

 

structure of the head, face, and neck, including muscles and

 

nerves; elementary chemistry relating to sterilization and

 

antiseptics; diseases of the skin, hair, glands, and nails;

 

massaging and manipulating the head, face, and neck; haircutting

 

and shaving; cosmetic therapy; arranging, styling, dressing,

 

coloring, bleaching, curling, permanent waving, and tinting of the

 

hair; elements of business training; and barber laws and rules of

 

the state.

 

     (5) The department by rule shall prescribe the number of hours

of instruction a barber college is required to provide for each

 

subject set forth in subsection (4). Each barber college shall

 

provide a written copy of the rules to each student at the

 

beginning of his or her instruction.

 

     (6) For the purposes of subsection (1)(b) and section

 

1108(1)(c), a barber college shall allow a student to substitute

 

not more than 1,000 hours of instruction the student successfully

 

completed at a school of cosmetology that is licensed under article

 

12, if those hours are substantially similar in content. The

 

department by rule shall establish criteria for determining whether

 

an hour of instruction at a school of cosmetology that is licensed

 

under article 12 is substantially similar to an hour of instruction

 

at a barber college.

 

     (7) (6) A barber college shall display the license of the

 

barber college and all instructors, student instructors, and

 

students in a prominent place visible to the public at all times.

 

An individual's license may be displayed at the individual's work

 

station.

 

     Sec. 1205. (1) The department shall issue a license to a

 

person for the operation of a school of cosmetology if all of the

 

following requirements are met:

 

     (a) An application is submitted by the owner or manager of the

 

school.

 

     (b) The application includes a drawing or diagram that

 

indicates the premises to be licensed, showing that the premises

 

are fully partitioned from any other activity, business, or

 

dwelling. The location of required equipment and facilities shall

also be shown on the diagram.

 

     (c) A cash or surety bond of $10,000.00 has been furnished in

 

favor of the people of this state for the use and benefit of

 

students and conditioned upon the faithful performance and

 

satisfaction of the contractual rights of students.

 

     (d) Provisions have been made for the school to be under the

 

daily supervision of a licensed instructor who has at least 3

 

years' experience in all services of cosmetology being taught in

 

the school.

 

     (e) The premises has successfully passed an inspection by the

 

department conducted for the purpose of determining whether the

 

school has met the standards set forth in this article and rules

 

promulgated by the director.

 

     (2) A school of cosmetology shall fulfill all of the following

 

requirements:

 

     (a) Shall Subject to subsection (6), shall maintain a course

 

of practical training and technical instruction, as outlined in the

 

various curricula set forth in rules promulgated by the director,

 

equal to the requirements for prelicensure training under this

 

article. A school of cosmetology shall teach hair care services,

 

skin care services, and manicuring services and may hold a limited

 

license for the teaching of electrology. However, a school of

 

cosmetology with a license limited only to the teaching of

 

electrology shall teach only electrology and not any other

 

cosmetology service.

 

     (b) Shall possess efficient apparatus and equipment prescribed

 

in rules promulgated by the director sufficient for the ready and

full teaching of each subject in the curriculum.

 

     (c) Shall maintain 1 person licensed as an instructor,

 

competent to impart instruction in each subject of its curriculum,

 

for every 20 students.

 

     (d) Shall be operated for teaching purposes only. Instructors

 

shall practice on the public only to demonstrate techniques to

 

students and to correct the work of students.

 

     (e) Shall provide for the display of the license of the school

 

of cosmetology and of each instructor working in the school in a

 

prominent place that is visible to the public at all times. A sign

 

shall be displayed indicating that services are rendered by

 

students of the school.

 

     (f) At the time of the enrollment of a student, shall furnish

 

the student a financial contract showing the total cost and all

 

charges involved in the complete course of study. Advertising

 

matter put out by schools, when mentioning the cost of tuition or

 

related subjects, shall furnish the same financial information as

 

described in this subsection.

 

     (3) A cosmetology establishment exacting a fee for the

 

teaching of cosmetology or 1 or more services of cosmetology is

 

considered a school of cosmetology and is required to comply with

 

this section. A cosmetology establishment conducting an

 

apprenticeship program without charging a fee for the teaching of

 

cosmetology shall comply with subsection (5). A cosmetology

 

establishment which has successfully trained 1 apprentice is

 

eligible to train additional apprentices except that a cosmetology

 

establishment shall not have more than 2 apprentices at the same

time.

 

     (4) The department may issue a limited school of cosmetology

 

license to a school teaching only electrology. A school of

 

cosmetology whose license is limited to teaching only electrology

 

shall fulfill all of the requirements of this section, except that

 

daily supervision of the school shall be provided by an electrology

 

instructor and the curriculum offered and equipment and facilities

 

required shall be only those required for the teaching of

 

electrology.

 

     (5) A school of cosmetology or a cosmetology establishment

 

conducting an apprenticeship program shall comply with all of the

 

following requirements:

 

     (a) Require that a student or apprentice be in attendance not

 

more than 7 hours per day or not more than 40 hours per week.

 

     (b) Keep a daily record of the attendance of each student or

 

apprentice, a copy of which shall be sent to the department

 

monthly, establish grades, and require a student or apprentice to

 

pass an examination before certifying to the department that an

 

individual has completed training.

 

     (c) Permit a cosmetology student or apprentice to practice on

 

the public only after completing at least 350 hours of instruction

 

in the general cosmetology curriculum, including both theory and

 

practical hours. A student or apprentice in a natural hair

 

cultivation, manicuring, skin care, or electrology curriculum may

 

practice on the public only after completing at least 1/4 of the

 

hours required by the applicable curriculum, including both theory

 

and practical hours.

     (6) For the purposes of subsection (2)(a) and section 1207(d),

 

a school of cosmetology shall allow a student to substitute not

 

more than 1,000 hours of instruction the student successfully

 

completed at a barber college that is licensed under article 11, if

 

those hours are substantially similar in content. The department by

 

rule shall establish criteria for determining whether an hour of

 

instruction at a barber college that is licensed under article 11

 

is substantially similar to an hour of instruction at a school of

 

cosmetology.

 

     (7) (6) The transfer of ownership or location of a school of

 

cosmetology voids the license. The filing of a new license

 

application is a predicate to the change in ownership or location

 

of a school.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.