Bill Text: WV HB4099 | 2020 | Regular Session | Enrolled
Bill Title: Eliminating the permit for shampoo assistants
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2020-04-15 - Chapter 245, Acts, Regular Session, 2020 [HB4099 Detail]
Download: West_Virginia-2020-HB4099-Enrolled.html
WEST virginia legislature
2020 regular session
ENROLLED
Committee Substitute
for
House Bill 4099
By Delegates Foster, Butler, Waxman, Cadle, J. Jeffries and Porterfield
[Passed March 4, 2020; in effect ninety days from passage.]
AN ACT to repeal §30-27-11a of the code of West Virginia,1931, as amended; to amend and reenact §30-27-1 and §30-27-3 of said code; all relating to eliminating the regulation of shampooing and eliminating the permit requirement for shampoo assistants.
Be it enacted by the Legislature of West Virginia:
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.
§30-27-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to practice barbering, barber permanent waving, cosmetology, hairstyling, waxing, aesthetics or nail care in this state without a license or certification issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that the person is a licensed or certified aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover, hairstylist, waxing specialist or nail technician unless the person has been licensed or obtained certification under the provisions of this article and the license or certification has not expired, been suspended or revoked.
(b) No salon, except through a licensee or certification, may render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practices licensed or certified under the provisions of this article.
(c) No school, except through a certified instructor, may instruct, render any service or engage in any activity which, if taught, rendered or engaged in by an individual, would constitute the practices licensed under the provisions of this article.
§30-27-3. Definitions.
As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
(a) “Aesthetics” or “esthetics” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
(1) Administering cosmetic treatments to enhance or improve the appearance of the skin, including cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating or performing any other similar procedure on the skin of the human body or scalp;
(2) Applying, by hand or with a mechanical or electrical apparatus, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person’s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;
(3) The rubbing, cleansing, exercising, beautifying or grooming of another person’s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;
(4) The waxing and tweezing of hair on another person’s body;
(5) The wrapping of another person’s body in a body wrap;
(6) Applying artificial eyelashes and eyebrows; and
(7) The lightening of hair on the body except the scalp.
(b) “Aesthetician” or “esthetician” means a person licensed under the provisions of this article who engages in the practice of aesthetics and has completed six hundred clock-hours of training.
(c) “Applicant” means a person making application for a professional license, license, certificate, registration, permit or renewal under the provisions of this article.
(d) “Barber” means a person licensed under the provisions of this article who engages in the practice of barbering and has completed a twelve hundred clock-hour barber training program without chemical services or a fifteen hundred clock-hour barber training program with chemical services, or has successfully completed the barber apprenticeship program.
(e) “Barbering” means any one or any combination of the following acts when done on the head and neck for compensation and not for the treatment of disease:
(1) Shaving, shaping and trimming the beard, or both;
(2) Cutting, singeing, arranging, dressing, tinting, bleaching, or applying lotions or tonics on human hair, or a wig or hairpiece; and
(3) Applications, treatments or rubs of the scalp, face, or neck with oils, creams, lotions, cosmetics, antiseptics, powders, or other preparations in connection with the shaving, cutting or trimming of the hair or beard.
(f) “Barber crossover” is a person who has completed twelve hundred or fifteen hundred clock-hours of training, is licensed as a barber, and completed additional hours of training in nails, aesthetics and/or chemical services, to the total amount of twenty-one hundred hours, to perform cosmetology.
(g) “Barber permanent waving” means the following acts performed on the head and neck for compensation and not for the treatment of disease:
(1) The bleaching or tinting of hair; and
(2) The permanent waving of hair.
(h) “Barber permanent wavist” means a person who has completed two thousand clock-hours of training and was licensed to perform barbering and barber permanent waiving enrolled by August 28, 2012.
(i) “Board” means the West Virginia Board of Barbers and Cosmetologists.
(j) “Certificate” means an instructor certificate to teach in a school under the provisions of this article or a document issued by the board for certification obtained pursuant to section eight-b of this article.
(k) “Certificate holder” means a person certified as an instructor to teach in a school under the provisions of this article or who has obtained a certification pursuant to section eight-b of this article.
(l) “Cosmetologist” means a person licensed under the provisions of this article who engages in the practice of cosmetology and who has completed eighteen hundred clock-hours of training.
(m) “Cosmetology” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
(1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;
(2) Nail care;
(3) Applying by hand or with a mechanical or electrical device or appliance, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person’s face, neck, shoulders, hands, elbows and feet up to and including the knee;
(4) The rubbing, cleansing, exercising, beautifying or grooming of another person’s face, neck, shoulders, hands, elbows and feet up to and including the knee;
(5) The wrapping of another person’s body in a body wrap; and
(6) Performing aesthetics.
(n) “Cosmetology crossover” is a person who has completed eighteen hundred clock-hours of training, is licensed as a cosmetologist and completes an additional three hundred hours of training in clipper cuts and face shaving to perform barbering, for a total of twenty-one hundred hours.
(o) “General supervision” means:
(1) For schools, a master or certified instructor is on the premises and is quickly and easily available; or
(2) For salons, a professional licensee is on the premises and is quickly and easily available.
(p) “Hair styling” means any one or any combination of the following acts when done on the head and neck for compensation and not for the treatment of disease:
Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, facial hair trimming, scalp treatments, waving, permanent waving, relaxing, straightening, singeing, bleaching, tinting, coloring, or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances.
(q) “Hair stylist” means a person licensed under the provisions of this article who engages in the practice of hair styling and who has completed one thousand clock-hours of training, effective July 1, 2016.
(r) “License” means a professional license, a salon license or a school license.
(s) “Licensed school” means a facility which has been approved by the West Virginia Council for Community and Technical College Education (CCTCE), Department of Education in conjunction with CCTCE or Department of Education in conjunction with the Department of Corrections pursuant to section nine, article two-b, chapter eighteen-b of this code to educate persons to be licensed or issued certain permits under the provisions of this article.
(t) “Licensee” means a person, corporation or firm holding a license issued under the provisions of this article.
(u) “Nail care” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
(1) The cleansing, dressing, or polishing of nails of a person;
(2) Performing artificial nail service; and
(3) The cosmetic treatment of the feet up to the knee and the hands up to the elbow.
(v) “Nail technician” or “manicurist” means a person licensed under the provisions of this article who engages in the practice of nail care and has completed four hundred clock-hours of training.
(w) “Permit” means a work permit.
(x) “Permitee” means a person holding a work permit.
(y) “Professional license” means a license to practice as an aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover, hairstylist or nail technician.
(z) “Registration” means a registration issued by the board to a person who rents or leases a booth or chair from a licensed salon owner and operator, or both, or a registration issued by the board to a person who is a student in a school.
(aa) “Registrant” means a person who holds a registration under the provisions of this article.
(bb) “Salon” means a shop or other facility where a person practices under a professional license.
(cc) “Salon license” means a license to own and operate a salon.
(dd) “Student registration” means a registration issued by the board to a student to study at a school licensed under the provisions of this article.
(ee) “Waxing specialist” means a person certified under the provisions of this article who engages in the practice of waxing and tweezing of hair on another person’s body.
(ff) Hair braiding, threading and any other item not spelled out are not regulated by the West Virginia Board of Barbers and Cosmetologists.
§30-27-11a. Shampoo assistant.
[Repealed]
