Bill Text: MI HB5955 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Occupations; cosmetologists; manicurist schools; allow to be independent from a cosmetology school. Amends sec. 1205 of 1980 PA 299 (MCL 339.1205).
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2010-03-17 - Printed Bill Filed 03/17/2010 [HB5955 Detail]
Download: Michigan-2009-HB5955-Introduced.html
HOUSE BILL No. 5955
March 16, 2010, Introduced by Reps. Gregory, Haugh, Stanley, Tlaib, Young, LeBlanc, Womack and Leland and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 1205 (MCL 339.1205), as amended by 1997 PA 97.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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 or manicuring services. However, a school
of cosmetology with a license limited only to the teaching of
electrology or manicuring services shall teach only electrology or
manicuring services 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 of 1 or more services of cosmetology
services 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 or manicuring
services. A school of cosmetology whose license is limited to
teaching
only electrology or
manicuring services shall fulfill all
of the requirements of this section, except that daily supervision
of the school shall be provided by an electrology or manicuring
services instructor and the curriculum offered and equipment and
facilities required shall be only those required for the teaching
of electrology or manicuring services.
(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 of the
hours required by the applicable curriculum, including both theory
and practical hours.
(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.
