RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF COSMETOLOGY
[ 49 PA. CODE CH. 7 ]
[39 Pa.B. 219]
[Saturday, January 10, 2009]
The State Board of Cosmetology (Board) amends Chapter 7 (relating to State Board of Cosmetology) to read as set forth in Annex A. The rulemaking implements changes made to the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. §§ 507--527) (act), commonly referred to as the Cosmetology Law, by the act of July 7, 2006 (P. L. 704, No. 99) (Act 99), as well as updates the regulations to strengthen safety and sanitation requirements and to reflect current processes and practices utilized by the Board.
A. Effective Date
The amendments will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
Section 11 of the act (63 P. S. § 517) authorizes the Board to promulgate regulations generally for the conduct of persons, copartnerships, associations or corporations affected by the act. Section 16 of Act 99 requires the Board to promulgate regulations to implement Act 99.
C. Background and Need for Amendment
Act 99 made substantial changes to the act by adding a new limited license classification--the natural hair braider license; by making changes to terminology in the act; by making other changes within the act to implement the new natural hair braider license; and by extending to all limited license classes: (1) the ability to practice outside of a licensed salon in a client's residence under specified circumstances; (2) the ability to practice on a temporary license; and (3) the prohibition on booth rental within a licensed salon. These changes require corresponding changes and additions to Chapter 7.
Because the Board needed to make wholesale changes to Chapter 7 to implement Act 99, the Board also took the opportunity to propose a number of other changes to the regulations. Although piecemeal changes have been made to the regulations over the years, generally in response to legislative changes to the act, the Board had not undertaken an overall review and update since 1975. In the intervening period, some of the Board's regulatory provisions have become obsolete, terms of art have changed, standards of sanitation have evolved, some of the Board's licensing and examination processes have changed and deficiencies or errors in the regulations have become apparent. Accordingly, in this rulemaking the Board makes changes, in addition to those required by Act 99, that the Board finds necessary to update the regulations and to address the way the profession and the Board have changed since 1975.
D. Summary of Comments and the Board's Response
Notice of proposed rulemaking was published at 37 Pa.B. 4628 (August 25, 2007). During the public comment period, the Board received comments from the Pennsylvania Association of Private School Administrators (PAPSA), York County School of Technology (YCST), the Empire Education Group (Empire), the Pennsylvania Academy of Cosmetology Arts & Sciences, and Debbie Ralph and Lisa Hopkins, two licensed cosmetology teachers. In addition, as part of their review under the Regulatory Review Act (71 P. S. §§ 745.1--745.12), the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC) submitted comments. The following represents a summary of the comments received and the Board's response.
The HPLC asked if there should be an accreditation provision added to the ''school of cosmetology'' definition. As the statute currently reads, a school of cosmetology has 5 years from its licensure date to attain accreditation. Therefore, because a school of cosmetology can exist for up to 5 years without being accredited, the Board does not believe it is appropriate to amend the definition as suggested.
The HPLC also asked for a clarification on the provision regarding the time limit for the examination. The HPLC asked if an applicant fails one portion of the cosmetology exam and cannot pass it within the prescribed 1-year time period, do they have to retake both portions of the exam and inquired as to whether there a refresher course offered? Under the circumstances posed by the HPLC, the applicant would be required to retake both portions of the exam. The Board is not aware of the existence of refresher courses.
The HPLC also asked for clarification regarding the requirement of a model for the esthetics exam. The committee asked whether the practical portion of the esthetics exam requires a live model and, if so, why does the cosmetology exam not require a live model? Applicants for the esthetics exam do need to bring a live model. The esthetics practical exam is a specialized exam and, therefore, is more detailed in the area of the human face than the cosmetology exam. It covers cleansing the face, steaming the face, manual extraction on the forehead, massaging the face, hair removal of the eyebrows, hair removal of the upper lip, application of a facial mask and facial makeup. For many of these tasks, the elasticity of human skin is needed and a mannequin is inadequate to evaluate a candidate's abilities in all of these areas. Because the cosmetology practical exam covers a much broader range of topics, including esthetics as a small portion of the exam, it includes only a basic facial, which can be adequately demonstrated on a mannequin.
The HPLC also requested clarification on the number of hours that students need before they can practice on the public. Section 7.120 (relating to work done by students on the public) states that a school may permit students to work on the public after they have completed at least 300 hours of instruction. However, as the HPLC noted, the limited license categories require a total of 300 hours or less prior to taking the exams. Upon consideration of this comment, the Board determined that the provision intended to require cosmetology students to complete at least 300 of the 1,250 total hours of instruction (or approximately 1/4 of the total hours) prior to working on the public. The Board therefore determined that esthetics students should complete at least 75 hours of instruction prior to working on the public; nail technicians would need 50 hours of instruction; and natural hair braiders would need 75 hours. Section 7.120 has been amended to reflect this determination.
IRRC suggested that the Board define ''school district'' to clarify the Board's intent that the term includes area vocational-technical schools and asked if there is a process for school districts to become accredited to comply with the requirement in § 7.113a (relating to accreditation by a Nationally recognized accrediting agency). The Board intends the term school district to mean a school district, joint vocational school or department, area vocational-technical school or technical institute providing vocational education under Article XVIII of the Public School Code of 1949 (24 P. S. §§ 18-1801--18-1855), and has added a definition as suggested. With regard to accreditation, the Middle States Association of Colleges and Schools Commission on Secondary Education evaluates and accredits institutions providing middle and secondary education, as well as vocational-technical schools that offer nondegree granting postsecondary education. Additionally, the State Board for Vocational-Technical Education is recognized by the United States Department of Education for the accreditation of public postsecondary vocational education institutions and programs offered at career and technical education institutions not offered for college credit. Therefore, school districts and area vocational-technical schools and technical institutes are able to comply with the accreditation requirement without further amendment to the regulations.
IRRC noted that under § 7.31(c) (relating to examination prerequisite for licensure; exception), the Board would accept evidence of prior practice as a natural hair braider without penalty for failure to comply with the licensure provisions prior to the effective date of Act 99 (September 5, 2006). IRRC recommended that the Board amend the final-form rulemaking to provide notice to the regulated community of the nature of these penalties. Section 2 of the act (63 P. S. § 508) makes it unlawful for a person to practice cosmetology, esthetics, natural hair braiding or nail technology without a license. Under section 5 of the act of July 2, 1993 (P. L. 345, No. 48) (63 P. S. § 2205), the Commissioner of Professional and Occupational Affairs promulgated a schedule of civil penalties for violations of the act and regulations of the Board at § 43b.5 (relating to schedule of civil penalties--cosmetologists, manicurists, cosmeticians, shops), which provides for the imposition of a civil penalty of $500 for the first offense of practicing without a license, and formal administrative action for a second or subsequent offense. Therefore, the Board believes that it is not necessary to provide additional notice in this rulemaking as to the nature of the penalties for unlicensed practice. However, the Board did amend the final-form rulemaking to cross-reference section 2 of the act to aid clarity.
IRRC asked for a clarification of the requirement that a first time examinee complete both portions of the exam ''within 1 year.'' This provision is intended to require that once the examinee passes one portion of the exam, the examinee has 1 year to pass the remaining portion. If the examinee fails to do so, he must retake the entire exam. As a result of the apparent confusion about this requirement, § 7.32(c) (relating to deadline for examination applications) has been amended for clarity.
IRRC asked the Board for an explanation of the need for the provision in § 7.32d(d) (relating to requirements for cosmetologist examination) which requires an applicant for the cosmetology exam who holds a limited license (esthetician, nail technician or natural hair braider) seeking education credits complete the entire 1,250 hours, including those completed in the limited practice field, within 4 years. The Board does not want an applicant seeking credit for courses taken, for example, 10 years prior to applying for the exam. There must be a set time period for allowing credit for courses taken in the past. The Board determined that 4 years was a reasonable amount of time to ensure that the information was relevant and still fresh in the applicant's mind.
IRRC noted that the existing language found in § 7.32d relating to applicants that receive training by, or under the auspices of, the Bureau of Rehabilitation in the Department of Labor and Industry is repeated in §§ 7.32e, 7.32f and 7.32h (relating to requirements for esthetician examination; requirements for nail technician examination; and requirements for natural hair braider examination). IRRC inquired as to what is meant by the phrase ''under the auspices of.'' The Board believes this term was intended to mean that the training was sponsored or funded by the Office of Vocational Rehabilitation (OVR) within the Department of Labor and Industry. In responding to this comment, the Board determined that the current entity within the Department of Labor and Industry that provides vocational training to persons with disabilities is the OVR. Therefore, the final-form rulemaking has been amended.
IRRC asked the Board to clarify the language in § 7.41(b) (relating to display of licenses) which requires that ''[a]n individual license shall be readily available for inspection . . . .'' IRRC was unclear if the language referred to the salon owner's license, the license of an individual working in the salon, or both. A salon owner may or may not hold an individual license. The amended language was intended to convey a change in policy. Prior to these amendments, all licenses had to be conspicuously displayed, both facility licenses (for salons and schools) and individual licenses, as set forth in § 7.11 (relating to types of individual licenses). Under the amendments, anyone holding an individual license (cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider) is no longer required to display the individual license, but to merely make sure that the license is available for inspection by the public or a representative of the Board at the salon or school where the individual licensee works. In considering this comment, the Board realized that the rulemaking failed to address school licenses, and has amended § 7.41 by adding a subsection (c) to address school licenses.
IRRC also requested clarification of the requirement under § 7.43(c) (relating to expiration and renewal of licenses) that natural hair braiders provide proof of meeting the education requirement set forth in section 5(b)(3)(ii)(C) of the act within 2 years of initial licensure. IRRC would like to know what kind of proof is necessary. In general, the Board requires an official school transcript from a licensed school of cosmetology as proof of education for all categories of licensees, and expects that the same would be required here. As a result of IRRC's comment, this section was amended to provide examples of the type of documentation that would be acceptable as proof of meeting the education requirement.
IRRC also noted that under § 7.94 (relating to sanitary use of supplies), spatulas and other utensils may not come into contact with the skin or hair. IRRC asked how can it be possible for a tool to avoid contact with the hair? This section has been amended to clarify that the tool may not come into contact with the skin or hair of another client until the tool has been properly disinfected.
Under § 7.111 (relating to application for school license), IRRC noted that the terms ''satisfactory experience'' and ''satisfactory work experience'' are vague and asked the Board to specify the type of experience that would be considered acceptable. In response, the Board has amended the final-form rulemaking to delete the vague terminology and to clarify that a school supervisor must have 1,250 hours of experience as a cosmetology teacher and 1,800 hours of experience working as the designated person in charge of a cosmetology salon.
Under § 7.120 (relating to work done by students on public), there was concern expressed by IRRC, as well as all stakeholders that responded to public comment, in reference to the language restricting cosmetology schools from charging for student services only the reasonable cost of materials used on the client only. After re-examining this language, the Board chose to modify this language to state that the school may charge a fee for student services based on reasonable cost of materials used in such treatment. The Board believes the intent of section 7 of the act (63 P. S. § 513), is to preclude a school from charging for the student's labor or otherwise profiting from the clinical work of its students. Therefore, it is reasonable to interpret this section as permitting a school to recoup its costs in providing these services to the public.
Also, like the HPLC, IRRC requested clarification on the number of hours that limited-license holders need before they can practice on the public. In response, the final-form rulemaking was amended as described previously.
The PAPSA provided comments on behalf of the following cosmetology schools: Beaver Falls Beauty Academy, Kittanning Beauty School, New Castle Beauty School, Butler Beauty School, Laurel Business Institute, 19 Empire Beauty Schools, Pruonto's Hair Design, DeRielle Designworks Academy, Altoona Beauty School, Jean Madeline Education Center, Lancaster School of Cosmetology, Bucks County School of Beauty Culture, Venus Beauty Academy, Douglas Beauty Center, Penn Commercial, 4 McCann Schools of Business, Pennsylvania Beauty Academy and Punxy Beauty School. The Board also received comments from Empire, YCST, the Pennsylvania Academy of Cosmetology Arts & Sciences and two licensed cosmetology teachers. The following discussion groups similar comments under the relevant section heading.
§ 7.1 (relating to definitions)
PAPSA commented that the definition of ''esthetics'' is incomplete and asked that the terms ''eyelash perming'' and ''the use of industry standard mechanical and electrical apparatus'' be added to the definition of ''Esthetics.'' The Board amended the definition to address PAPSA's concerns. PAPSA also noted that the definition of ''natural hair braider'' should include ''cut'' as an exclusion, thereby clarifying that natural hair braiders are not permitted to cut hair. The Board has made the suggested amendment.
Cosmetology teacher Lisa Hopkins asked if natural hair braiding included the application of heat from a straightening comb or ceramic iron to prepare the hair for weaving purposes. The Board considered this question and determined that natural hair braiding would include the use of such appliances, and has amended the definition to clarify this issue.
Cosmetology teacher Debbie Ralph questioned the definition of esthetics. The definition of esthetics is set forth by statute and, while the Board may clarify the definition by regulation, it may not change or expand the definition.
§ 7.31 (relating to examination prerequisite for licensure; exceptions)
PAPSA and Empire were unclear as to what constituted acceptable proof of 3 years work experience for ''grandfathered'' hair braiders. The Board believes that the statute and regulations are clear. An individual seeking licensure as a natural hair braider without examination must produce tax records that demonstrate employment in the natural hair braiding profession for 3 consecutive years immediately prior to the date of application for licensure, as well as an affidavit from the applicant and the applicant's immediate supervisor, where applicable. The form of the required affidavit is provided on the natural hair braider application.
§§ 7.32 and 7.35 (relating to deadline for examination applications; and failure of examination)
PAPSA and Empire asked what the consequences were for not noncompliance with the provision that requires applicants to take and pass both portions of an exam within 1 year. As discussed previously, the Board intends these provisions to require that an applicant pass both portions of the exam within 1 year of passing the first portion of the exam. If both portions of the exam are not taken and passed within a 1-year period, the applicant will have to take both portions again until the applicant is successful. There are no sanctions or refresher courses being imposed by the Board. The consequence is that the Board simply will not license an applicant until the applicant meets this requirement.
§ 7.32d (relating to requirements for cosmetologist examination)
PAPSA was unclear as to when a school may accept transfer hours from a student and asked the Board to clarify the language in § 7.32d. PAPSA asked how a school could award transfer hours to someone with a limited license who has not practiced in 4 or 5 years or to someone who received a license 10--15 years ago and have only practiced sporadically or how a school could transfer hours to someone that cannot pass a school administered practical or theory exam? The Board did not intend by this language to mandate that schools accept all transfer hours from limited licensees. As noted previously, subsection (d) requires all 1,250 hours, including those hours completed for a limited license, be completed within 4 years. Subsection (c) is intended to provide credit for recently-acquired education credits. PAPSA recommended that the Board modify the current language so that it reads that an applicant will be given credit for ''up to X hours.'' The Board agreed and has made this amendment to the final-form rulemaking.
Debbie Ralph suggested that because the nail technology and esthetics curricula should be the same as that covered in the cosmetology curriculum, schools should be permitted to grant credit for all of the coursework completed by licensed estheticians or nail technicians, if the school wishes. This, she noted, is especially true for schools that teach all three curricula. A student should be able to transfer all 200 or 300 hours when switching to the cosmetology curriculum. The Board considered this comment, but determined that no change would be made to the rulemaking. Not all schools teach exactly the same curricula. The Board determined that it would grant credit for recently-acquired courses that teach the skills which are also taught in the cosmetology curriculum.
§ 7.32h (relating to requirements for natural hair braider examination)
Debbie Ralph suggested that § 7.32h is unclear as to whether an individual needs a 10th grade education or be 16 years of age, or both. The Board believes the statute and the regulation are clear. An applicant for the natural hair braider examination must be 16 years of age or older. In addition, the applicant must have completed a 10th grade education or its equivalent, or received training from the OVR, unless the applicant is a veteran or is 35 years of age or older. If the applicant is a veteran or is 35 years of age or older, there is no inquiry into whether the individual completed a 10th grade education or received training from OVR. Finally, the individual must have completed 300 hours of training in natural hair braiding at a licensed school of cosmetology.
§ 7.34 (relating to models for practical portion of examination)
Empire suggested that the Board clearly state that live models are only required for the esthetics exam and that mannequins are acceptable for other exams. The Board has amended the final-form rulemaking to clarify this issue.
§ 7.41(b) (relating to display of licenses)
Empire suggested that the Board clarify that all individual licenses, including those applicable to schools, do not have to be displayed but rather readily available for inspection. Empire also pointed out that subsection (a) only refers to salons, and it could be construed as only applicable to individuals licensed and working in salons. The Board believes that the amendments to this section clarify the Board's intent discussed previously. Salon and school licenses must be displayed conspicuously. Individual licenses (cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider) must be readily available for inspection at the salon or school, as applicable.
§ 7.43(c) (relating to expiration and renewal of licenses)
PAPSA raised concerns that there were no sanctions for natural hair braiders that fail to comply with the required 150 hours of education within 2 years of initial licensure. Because the statute makes this a requirement of renewal of a license, the license of any ''grandfathered'' natural hair braider who fails to complete the 150 hours will not be renewed. In addition, violation of this provision of the statute and regulations will result in disciplinary action under section 13 of the act (63 P. S. § 519), which authorizes the Board to refuse, revoke, refuse to renew or suspend a license on proof on a violation of any of the provisions of the act or the rules and regulations established by the Board.
Lisa Hopkins, a cosmetology teacher, commented that the ''grandfathered'' natural hair braiders should need to demonstrate skills in locking and weaving as part of the 150 hours of training to be completed during the first 2 years of licensure. The Board considered this comment and agreed that, at a minimum, grandfathered natural hair braiders should complete 25 hours of locking and weaving as part of the 150 hours and has made amendments to this section to accommodate this change.
§ 7.71 (relating to equipment and supplies for a cosmetology salon)
Debbie Ralph stated that the Milady textbook teaches that putting tools in an airtight container will ruin them. The Board notes that nowhere does the Board require tools be stored in an airtight container.
§ 7.71c. (relating to equipment and supplies for a natural hair braiding salon)
Lisa Hopkins raised concerns that the equipment requirements for a hair braiding salon could be financially burdensome in requiring multiple shampoo bowls or basins for more than one braider. The regulations provide for the minimum equipment necessary for one hair braider and require that for each additional hair braider, equipment and supplies be increased such that each natural hair braider can render services safely and efficiently. This issue can be addressed on an individual, case-by-case basis as the salon is inspected.
§ 7.111 (relating to application for a school license)
Debbie Ralph asked if the school supervisor is ''back to having a cosmetology license.'' The Board notes that § 7.111(a)(2)(i) requires a school supervisor to hold a cosmetology teacher license.
§ 7.120 (relating to work done by students on public)
PAPSA, Empire, the Pennsylvania Academy of Cosmetology Arts & Sciences and Debbie Ralph were also concerned that restricting cosmetology schools in charging for student services to only the reasonable cost of materials used on the client would have a severe impact on students, schools and salons. After re-examining this language, the Board chose to modify this language to state that the school may charge for student services based on reasonable costs of materials, as previously discussed. The Board believes the intent of section 7 of the act, is to preclude a school from charging for the student's labor or otherwise profiting from the clinical work of its students. Therefore, it is reasonable to interpret this section as permitting a school to recoup its costs in providing these services to the public.
Empire and Lisa Hopkins also commented on the provision requiring a student to complete 300 hours of training prior to being permitted to work on the public. As discussed previously, the Board agrees with their analysis that this provision clearly was intended to refer only to cosmetology students and has amended the rulemaking to permit students of esthetics and natural hair braiding to work on the public with 75 hours of training, and students of nail technology to begin working on the public after 50 hours of training.
§ 7.129 (relating to curriculum requirements)
PAPSA stated that the current language in § 7.129 which states that the cosmetology curriculum ''must'' comprise 1,250 hours, is too restrictive in that many programs require more than 1,250 hours because of degree requirements and other reasons. PAPSA suggested that this be changed to read ''a minimum of'' 1,250 hours. The Board agreed and has amended each of the curricula requirements (cosmetology, esthetics, nail technology and natural hair braiding) to clarify that the Board is establishing minimum standards.
YCST made some recommendations for altering the language under the basic cosmetology curriculum relating to cosmetology skills--cognitive and manipulative. The Board has amended this section to include conditioning, chemical texturizing and makeup, as suggested.
In addition, YCST asked if it is still necessary for the teacher curriculum to have salon management theory since the recent change eliminating the cosmetology manager's license and because the cosmetologist curriculum already covers business practices. The Board believes it is necessary to continue to include salon management theory in the teacher curriculum because salon management theory goes beyond basic business practices. With the elimination of the cosmetology manager's license, any cosmetologist could be placed in responsible charge of a salon. Therefore, cosmetology teachers must be knowledgeable in salon management theory to prepare cosmetologists for this role.
YCST asked whether business practices should be covered under the esthetics, nail technology and natural hair braiding curricula. The Board has determined that similar material is taught under the ''professional practices'' portion of these curricula, and therefore, has made no change to the regulations based on this comment.
Lisa Hopkins raised concerns about existing cosmetology teachers lacking skills in the manipulative skills of braiding, locking or weaving, and may not be qualified to teach the natural hair braiding curriculum. The Board notes that it is each individual cosmetology school's responsibility to assure that their faculty is qualified.
E. Description of Amendments to Final Rulemaking
§ 7.1 (relating to definitions)
The Board amended the definition of esthetics to clarify that it includes eyelash perming and the use of industry standard mechanical and electrical apparatus and appliances in the practice of the profession. The Board also amended the definition of natural hair braiding to clarify that the term includes the application of heat by the use of a straightening comb, ceramic iron or similar appliance to prepare the hair for manipulation; and that it does not include cutting the hair. Finally, the Board added a definition of school district to clarify that the term is intended to include any school district, joint vocational school or department, area vocational-technical school or technical institute that provides vocational education under Article XVIII of the Public School Code of 1949.
§ 7.31 (relating to examination prerequisites for licensure; exceptions)
The Board amended § 7.31(c) to add a cross reference to section 2 of the act, which makes it unlawful for a person to practice cosmetology, esthetics, natural hair braiding or nail technology without a license, to clarify the Board's intent to forego prosecution of any unlicensed practice by natural hair braiders that occurred prior to the effective date of Act 99 of 2006, which created the separate licensure classification for natural hair braiders.
§ 7.32 (relating to deadline for examination applications)
The Board amended § 7.32(c) to clarify that both the theoretical and practical portions of the exam must be passed within 1 year of the date the first portion is passed.
§ 7.32b (relating to requirements for teacher examinations)
The Board amended § 7.32b(a)(4) and (b)(4) to clarify that applicants for the teacher exam must have completed ''a minimum of'' 500 hours of instruction in a teacher curriculum prior to taking the exam.
§ 7.32d (relating to requirements for cosmetologist examination)
The Board corrected the reference to the Office of Vocational Rehabilitation in the Department of Labor and Industry. In addition, the Board amended this section to clarify that the cosmetology education is ''a minimum of'' 1,250 hours of instruction. The Board also amended subsection (c) to clarify that an applicant for the cosmetologist exam that already holds an active esthetician license issued by the Board may obtain credit for ''up to'' 160 hours toward the total 1,250 hours required for a cosmetology license; a licensed nail technician may obtain credit for ''up to'' 100 hours; and a licensed natural hair braider may obtain credit for ''up to'' 125 hours.
§ 7.32e (relating to requirements for esthetician examination)
The Board corrected the reference to the Office of Vocational Rehabilitation in the Department of Labor and Industry and amended the section to clarify that the esthetician education is ''a minimum of'' 300 hours of instruction.
§ 7.32f (relating to requirements for nail technician examination)
The Board corrected the reference to the Office of Vocational Rehabilitation in the Department of Labor and Industry and amended the section to clarify that the nail technician education is ''a minimum of'' 200 hours of instruction.
§ 7.32h (relating to requirements for natural hair braider examination)
The Board corrected the reference to the Office of Vocational Rehabilitation in the Department of Labor and Industry and amended the section to clarify that the natural hair braider education is ''a minimum of'' 300 hours of instruction.
§ 7.34 (relating to models for practical portion of examination)
The Board amended this section to clarify that only the practical portion of the esthetics examination requires a live model. All other exams require the use of a mannequin.
§ 7.41 (relating to display of licenses)
The Board added subsection (c) to address the display of school licenses.
§ 7.43 (relating to expiration and renewal of licenses)
The Board amended subsection (c) to require that a ''grandfathered'' natural hair braider must complete only 50 hours in scalp care and 25 hours in locking and weaving as part of the 150 hours that is required to be completed as a condition of renewal of a license. The Board also amended subsection (c) to clarify the types of documentation that would be acceptable as proof of meeting the education requirements.
§ 7.94 (relating to sanitary use of supplies)
The Board amended subsection (c) to clarify that the utensils may not be permitted to come into contact with the skin or hair of another client until they are properly disinfected.
§ 7.111 (relating to application for a school license)
The Board amended subsection (a)(2) to clarify that a school supervisor must have acquired 1,250 hours of experience as a cosmetology teacher and 1,800 hours of experience as the designated person in charge of a cosmetology salon.
§ 7.120 (relating to work done by students on the public)
The Board amended subsection (a) to clarify that the school may charge a fee that reflects the reasonable cost of materials used in the treatment of clients. The Board believes the intent of section 7 of the act, is to preclude a school from charging for the student's labor or otherwise profiting from the clinical work of its students. Therefore, it is reasonable to interpret this section as permitting a school to recoup its costs in providing these services to the public. In addition, the Board clarified that cosmetology students must complete at least 300 hours of instruction prior to working on the public; esthetics students must complete at least 75 hours of instruction to work on the public; nail technology students must complete at least 50 hours of instruction to work on the public; and natural hair braiding students must complete at least 75 hours of instruction to work on the public.
§ 7.129 (relating to curriculum requirements)
The Board amended this section to clarify that each of the curricula requirements establish minimum requirements. The Board also amended the cosmetology curriculum to include conditioning, chemical texturizing and makeup.
F. Fiscal Impact and Paperwork Requirements
There is no adverse fiscal impact or paperwork requirement imposed on the Commonwealth, any political subdivision, or the private sector.
G. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of the notice of proposed rulemaking, published at 37 Pa.B. 4628, to IRRC, the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) and the HPLC for review and comment.
In compliance with section 5(c) of the Regulatory Review Act, the Board also provided IRRC, the SCP/PLC and the HPLC with copies of comments received as well as other documents when requested. In preparing the final-form regulations, the Board has considered the comments received from IRRC, the HPLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), the final-form regulations was approved by the HPLC on November 17, 2008, and deemed approved by the SCP/PLC on December 17, 2008. Under section 5.1(e) of the Regulatory Review Act, IRRC met on December 18, 2008, and approved the final-form regulations.
I. Contact Person
Further information may be obtained by contacting C. William Fritz, II, Board Counsel, State Board of Cosmetology, P. O. Box 2649, Harrisburg, PA 17105-2649.
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendments to the final-form rulemaking do not enlarge the purpose of proposed rulemaking published at 37 Pa.B. 4628.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified this preamble.
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 7, are amended by amending §§ 7.1, 7.2, 7.11, 7.12, 7.14, 7.14a, 7.15, 7.31, 7.31a, 7.32, 7.32a, 7.32b, 7.32d, 7.32e, 7.32f, 7.32g, 7.34, 7.35, 7.41, 7.43, 7.45, 7.50--7.53, 7.62, 7.64--7.66, 7.71, 7.71a, 7.71b, 7.75, 7.76--7.79, 7.81--7.83, 7.90--7.95, 7.98, 7.100, 7.111, 7.114, 7.115, 7.118, 7.118a, 7.120, 7.123, 7.125, 7.128, 7.129 and 7.131--7.134 and by adding §§ 7.12a, 7.17 and 7.32h to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
SUSAN E. RINEER,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 39 Pa.B. 104 (January 3, 2009).)
Fiscal Note: Fiscal Note 16A-4514 remains valid for the final adoption of the subject regulations.
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 7. STATE BOARD OF COSMETOLOGY
§ 7.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. §§ 507--527), known as the Cosmetology Law.
Board--The State Board of Cosmetology.
Booth space--The area of a salon in which a licensed cosmetologist or a holder of a limited license provides to a client a service for which a license is required under the act.
Braiding--Intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, including extending the hair with natural or synthetic hair fibers.
Bureau--The Bureau of Professional and Occupational Affairs in the Department of State.
Cosmetologist--A licensed individual who is engaged in the practice of cosmetology.
(i) Any or all work done for compensation by any person, which work is generally and usually performed by cosmetologists, which work is for the embellishment, cleanliness and beautification of the human hair, such as arranging, braiding, dressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, pressing, or similar work thereon and thereabout, and the removal of superfluous hair, and the massaging, cleansing, stimulating, manipulating, exercising, or similar work upon the scalp, face, arms or hands, or the upper part of the body, by the use of mechanical or electrical apparatus or appliances or cosmetics, preparations, tonics, antiseptics, creams or lotions, or by any other means, and of manicuring the nails, which enumerated practices shall be inclusive of the term cosmetology but not in limitation thereof.
(ii) The term also includes the acts comprising the practice of nail technology, natural hair braiding and esthetics.
Department--The Commissioner of Professional and Occupational Affairs in the Department of State.
(i) The practice of massaging the face, applying cosmetic preparations, antiseptics, tonics, lotions or creams to the face, removing superfluous hair by tweezers, depilatories or waxes, eyelash perming and the dyeing of eyelashes and eyebrows.
(ii) The term includes the use of industry standard mechanical and electrical apparatus and appliances in the practice of esthetics.
Esthetician--An individual licensed by the Board to practice esthetics.
Lavatory--A working toilet and a working sink with hot and cold running water that are located in a separate room that affords privacy to the user.
Limited license--A license issued by the Board to an individual which permits that individual to engage in the practice of esthetics, natural hair braiding or nail technology.
Limited practice salon--A salon licensed by the Board for the provision of esthetician services, nail technology services or natural hair braiding services only.
Limited practice teacher--A teacher licensed by the Board for the purpose of providing instruction in the area of esthetics, nail technology or natural hair braiding only.
Nail technician--An individual licensed by the Board to engage in the practice of nail technology.
Nail technology--The practice of manicuring the nails of an individual, applying artificial or sculptured nails to an individual, massaging the hands of an individual or massaging the lower arms of an individual up to the individual's elbow, massaging the feet of an individual or the lower legs of an individual up to the individual's knee, or a combination of these acts.
Natural hair braider--An individual licensed by the Board to engage in the practice of natural hair braiding.
Natural hair braiding--
(i) The practice of utilizing techniques that result in tension on hair roots of individuals, such as twisting, wrapping, weaving, extending, locking or braiding of the hair. The term includes the application of heat by the use of a straightening comb, ceramic iron or similar appliance to prepare the hair for manipulation.
(ii) The term does not include cutting the hair or the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of hair.
School of cosmetology--Any individual, partnership, association, business corporation, nonprofit corporation, municipal corporation, school district or any group of individuals however organized whose purpose is to provide courses of instruction in cosmetology or the teaching of cosmetology.
School district--A school district, joint vocational school or department, area vocational-technical school or technical institute providing vocational education under Article XVIII of the Public School Code of 1949 (24 P. S. §§ 18-1801--18-1855).
Tanning units--Equipment that utilizes ultraviolet light for the purpose of cosmetic tanning.
§ 7.2. Fees.
Fees charged by the Board are as follows:
Licensure of cosmetologist, nail technician,
esthetician or natural hair braider
Licensure of cosmetology teacher or limited
Licensure of cosmetology salon or limited practice
Licensure by reciprocity
Registration of cosmetology apprentice
Biennial renewal of nail technician license
Biennial renewal of esthetician license
Biennial renewal of cosmetologist license
Biennial renewal of natural hair braider license
Biennial renewal of cosmetology teacher or
limited practice teacher license
Biennial renewal of cosmetology salon or limited
practice salon license
Biennial renewal of cosmetology school license
Approval of cosmetology school supervisor
Change in cosmetology salon or limited practice
salon (inspection required).
Change in cosmetology salon or limited practice
salon (no inspection required).
Change in cosmetology school (inspection
Change in cosmetology school (no inspection
Reinspection of cosmetology salon or limited
practice salon or cosmetology school
Certification of student or apprentice training
Verification of license, registration, permit or
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