US Laws, Codes, Statutes & Cases

This regulation database is current through State Register Volume 29, Issue 10, effective October 28, 2005. Changes to the regulations enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some regulations approved by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

(Statutory Authority: 1976 Code Section 40-13-80)

35-1. Application for Approval to Operate Schools of Cosmetology, Manicure, or Esthetics.

A. Any person, firm, or corporation desiring to open any public or private Cosmetology, Manicure, or Esthetics School (hereafter referred to as "school") shall make application to the State Board of Cosmetology at least sixty (60) days prior to the anticipated opening date. Such application shall be made on a form prescribed by the Board. Each application shall be accompanied by the required application fee. In addition, said applicant shall make available to the Board at the time of filing the following information:

(1) name of owner if solely owned, names of partners if a partnership, names of corporate officers and their respective office if a corporation; and

(2) the name of the school, its location, and the complete mailing address; and

(3) floor plan drawn to scale showing placement of all equipment with all areas designated to include a clinic, dispensary, classroom, office, and restrooms/dressing rooms; and

(4) in order for a school to obtain and maintain Board approval it must comply with the rules and regulations of the Board regarding curriculum, facilities, hours of attendance, bonding, instructors, transcript, text, and supplies. Other information not requested or submitted with the application, but which the Board deems important in consideration of application may be required.

B. Cosmetology Schools shall have a minimum of two thousand five hundred (2,500) square feet of floor space to accommodate no more than sixty (60) students at any given time. For more than sixty (60) students, additional space shall be designated proportionately. Minimum square footage for the clinic area of the school must total sixty (60) square feet per work station.

(1) Each Cosmetology school implementing a Manicurist course shall designate two hundred forty (240) square feet of enclosed floor space for every ten (10) Manicurist students or fraction thereof. Enclosed space shall mean walls or partitions with a minimum height of six (6) feet. Enclosed space shall be visually separated from adjoining areas.

(2) Each Cosmetology school implementing an Esthetics course shall designate two hundred forty (240) square feet of enclosed floor space for every ten (10) Esthetics students or fraction thereof. Enclosed space shall mean walls or partitions with a minimum height of six (6) feet. Enclosed space shall be visually separated from adjoining areas.

C. Manicure Schools shall have a minimum of one thousand five hundred (1,500) square feet of floor space to accommodate no more than thirty-five (35) students at any given time. For more than thirty-five (35) students, additional space shall be designated proportionately.

D. Esthetics Schools shall have a minimum of one thousand five hundred (1,500) square feet of floor space to accommodate no more than thirty-five (35) students at any given time. For more than thirty-five (35) students, additional space shall be designated proportionately.

E. Combination Manicure/Esthetics Schools shall have a minimum of two thousand (2,000) square feet of floor space to accommodate no more than forty-five (45) students at any given time. For more than forty-five (45) students, additional space shall be designated proportionately.

F. Application Approval/Disapproval. Upon receipt of the properly completed application, prescribed fee and a detailed floor plan, the Board may require a meeting with the applicant to discuss the proposed school.

(1) The Board shall review the application within twenty (20) working days of receipt and must report the approval or denial of the proposed school.

(2) If the Board denies the application, the applicant shall be promptly notified in writing of the specific reasons of denial. Upon approval of the application, the Board shall so notify the applicant and schedule a preliminary inspection for the purpose of determining the suitability of the proposed school's space and design. The inspection shall be made by one (1) licensed Board member and one (1) designee of the Board.

G. Final Inspection/License Issued.

Prior to the final inspection, every school shall furnish:

(1) a list of the proposed equipment and training supplies, by quantity and type; and

(2) a proposed course of study and schedule, in compliance with the Board's mandatory minimum standard curriculum which said school shall teach; and

(3) a list of texts and materials conductive to learning the prescribed curriculum; and

(4) a schedule of the hours and days of the week the school will be in operation; and

(5) the name and address and license number of each registered instructor to be employed. Each school shall employ at least one (1) instructor for each course offered. If the number of students attending in any particular course is greater than twenty (20), then one (1) additional instructor shall be employed for each twenty (20) additional students, or fraction thereof, attending; two (2) instructors if the number of students in attendance in the school shall be more than forty (40), then one (1) instructor for each additional twenty (20) students in attendance shall be employed; and

(6) a list of the proposed school rules for the Board to approve prior to the final inspection. Any changes to the school rules must be submitted, in writing, to the Board, prior to implementation; and

(7) a Surety Bond to the Board issued by a licensed bonding company doing business in this State except in the case of a public school district. Such bond shall be in the penal sum of ten thousand dollars ($10,000) and shall be conditioned upon the faithful performance of the terms and conditions of all contracts entered into between the school and persons enrolling therein. Suit on the bond may be brought by any student injured by the breach of any of the conditions of the approved contract between the student and the owner of the school on pre-paid tuition only. The bond shall be to the State of South Carolina in favor of every person who pays or deposits any money with the school as payment for instruction. Every bond shall continue in force and in effect until notice of termination is given by registered mail to the Board and every bond shall set forth this fact; and

(8) any additional inspections shall be called before the school is permitted to begin operation. The inspection shall be made by one (1) licensed Board member and an agent of the Board; and

(9) after the inspection and approval, a license to operate the school shall be issued.

H. Change of Location/Ownership/School Closing.

If, at any time during the year, the physical plant or operation of a school is moved to a new location or address, or if ownership is transferred, or if the controlling interest of a partnership or corporation is altered in such a way as to affect the ownership, or if the name of the school changes, then the license for such school shall become void and a new application shall be filed.

(1) Upon receipt of application and prescribed fee for change of school owner and/or school name, the application shall be promptly processed and, if approved, a license issued. Proof of bond transferral must be required.

(2) No school shall be reopened at a new location, until a new application is received by the Board, accompanied by the prescribed fee. The same application and application procedures as a new school shall apply.

(3) Any school terminating its operation shall inform the Board at least thirty (30) working days prior to the anticipated termination date and in addition properly terminate its students. If the school is being transferred to a new owner the school must certify and transfer, to the new owner, any and all student records. If the school is being closed, certified student records must be provided to the Board in a format approved by the Board on or before the last day of operation. The school must provide to each current student a certified transcript detailing hours obtained, completed, and for which the school has been compensated.

(4) If a school desires to relocate temporarily, it shall notify the Board to receive approval.

35-2. Minimum Equipment, Supplies and Space for a School of Cosmetology, Manicure, Esthetics and a Combination Manicure and Esthetics School and for Existing Cosmetology Schools Offering Manicure and/or Esthetics.

A. School of Cosmetology:

All classroom and clinic instruction must be presented in an environment that meets or exceeds the local building, health and fire codes and must, at all times, be maintained in safe and sanitary conditions. Classrooms and clinics shall be subject to inspection by a licensed board member or agent of the board during hours of operation. They shall be of sufficient size to accommodate all students enrolled in courses and shall have adequate light, heat, cooling and ventilation. The school shall provide in all classrooms and clinics sufficient desks or work tables to properly accommodate and instruct all students. Each school must maintain high standards in the conduct of its operation. The use of unfair, deceptive practice or statements which have a tendency to mislead or deceive students, prospective students or the public shall be cause for disciplinary action.

Divided Floor Space, Equipment and Supplies for a School of Cosmetology

1. Study and Classroom

(a) Equipment

The Study and Classroom shall be equipped with no less than:

(1) 1 Teacher's desk and chair

(2) 20 Student desks and student chairs (or may use tablet arm chairs)

(3) 1 file for records

(4) 1 Cabinet for books

(5) 1 Blackboard (4' × 8')

Necessary texts, reference books, charts, and equipment to teach the required curriculum shall be available to each student.

Optional Equipment may include: overhead projector, visual aids, transparencies and video equipment.

2. Work Room/Clinic Area

(a) Equipment

The Work Room/Clinic area shall be equipped with no less than:

(1) 3 Shampoo Bowls w/chairs (plumbing pipes enclosed)

(2) 16 Work stations

(3) 16 Styling chairs

(4) 8 Covered waste containers

(5) 8 Hair dryers

(6) 3 Manicure tables with lights and stools

(7) 3 Marcel heaters

(8) 8 Practice manikin heads with blocks, block holders and wefts of hair

(9) 1 Dry cabinet (large enough to accommodate instruments and tools for students)

(10) 1 Bulletin board

(11) One wet sanitizer at every three work stations or fraction thereof. A wet sanitizer is defined as any plastic or non-metal receptacle with cover containing a disinfectant solution in which objects can be completely immersed.

(12) Dry Sanitizer (Any airtight cabinet, drawer or container with an active fumigant. Electric sanitizer is acceptable but must be kept in good working order. The ultra-violet light must be working)

(b) Supplies:

Schools must furnish sufficient supplies for each subject taught.

(c) Student Kits:

(1) 1 Pair shears (cutting) (tempered)

(2) 1 Pair thinning shears

(3) 1 Straight razor with guard

(4) 1 Shampoo cape

(5) 1 Styling cape

(6) 1 Roller kit

(7) Clips for rollers

(8) Perm rods and end wraps

(9) 1 Package neck strips

(10) 4 Combs (teasing, styling, rat tail, shampoo)

(11) 3 Brushes (regular, spiral, air flow)

(12) 1 Styling lift

(13) 1 Color brush

(14) 1 Spray bottle

(15) 1 Applicator bottle

(16) 1 Manicure kit

(17) Facial supplies

(18) Fumigant

Optional:

Artificial nail kit (sculptured nails, nail tips, nail wraps)

Manikin and holder

3. Dispensary

(a) Equipment

The Dispensary shall be equipped with no less than:

(1) 1 Double sink with hot and cold water

(2) 1 Large covered waste container

(3) 1 Records book (To be signed by students receiving and returning supplies)

(4) 1 Closed Cabinet for clean linens

(5) 1 Covered container for soiled linens

(6) Ample supply of clean linens

(7) Adequate shelves for supplies

(8) Necessary equipment for dispensing supplies

Each school is required to furnish a dispensing room with a dutch door or dispensing counter, in which each student will obtain actual experience for a period from one to three weeks, as indicated by the course of instruction. A student must be kept on duty at all times and be directly responsible to the instructor.

4. Restroom/Dressing Room

(a) Equipment

The Restroom/Dressing Room shall be equipped with no less than:

(1) Hot and cold water

(2) Paper towels

(3) Toilet articles

The restroom/dressing room shall have adequate space for changing clothes. Adequate space or lockers for hanging coats and uniforms.

Restrooms shall not be used for storage purposes.

5. Office

(a) Equipment

The office shall be equipped with no less than:

(1) 1 Desk

(2) File(s) for records

(3) Reference books (for student's referral)

The office shall have a window wall facing the work room/clinic area.

Other required equipment:

(1) 1 Drinking fountain or provision for drinking water

(2) 1 Fire extinguisher

(3) 1 First aid kit

6. Additional equipment for existing Cosmetology Schools wishing to teach Manicuring and/or Esthetics:

1. Manicure Course

(a) Equipment

One manicure table with adjustable lamp, one patron chair and one operator chair or stool for every two students.

(b) Supplies

Schools must furnish sufficient supplies for each subject taught.

(c) Student Kits:

(1) Nail polish remover

(2) Cuticle cream

(3) Nail bleaches

(4) Buffing cream

(5) Cotton

(6) Cuticle scissors

(7) Emery boards

(8) Nail clippers

(9) Cuticle pushers

(10) Nail buffers

(11) Cuticle oil

(12) Cuticle remover

(13) Nail whitener

(14) Nail enamel

(15) Antiseptics

(16) Tweezers

(17) Cuticle nippers

(18) Nail brushes

(19) Glass container for sanitizing solutions

(20) Artificial nail kit (sculptured nails, nail tips, nail wraps)

(21) Solution for removal of artificial nails

(22) Fumigant

2. Esthetics Course

(a) Equipment

(1) One facial chair

(2) One facial steamer

(3) One magnifying lamp

(4) One Woods lamp

(b) Supplies

Schools must furnish sufficient supplies for each subject taught

(c) Student Kits:

(1) Cape

(2) Spatulas

(3) Astringents

(4) Tweezers

(5) Cotton pads

(6) Make up supplies

(7) Sponges

(8) All purpose cream

(9) Fumigant

B. School of Manicure:

Fifteen hundred square feet for each thirty five (35) students enrolled. Schools having less than the following floor space, equipment and supplies will not be approved by the South Carolina State Board of Cosmetology:

Divided Floor Space, Equipment and Supplies for a School of Manicure

1. Study and Classroom

(a) Equipment

The Study and Classroom shall be equipped with no less than:

(1) 1 Teacher's desk and chair

(2) 15 Student desks and student chairs (or may use tablet arm chairs)

(3) 1 file for records

(4) 1 Cabinet for books

(5) 1 Blackboard (4' × 8')

Necessary texts, reference books, charts, and equipment to teach the required curriculum shall be available to each student.

Optional Equipment may include: overhead projector, visual aids, transparencies and video equipment.

2. Work Room/Clinic Area

(a) Equipment

The Work Room/Clinic area shall be equipped with no less than:

(1) 10 Manicure tables with lights--10 stools and 10 chairs

(2) 8 Waste Containers

(3) 1 Dry cabinet (large enough to accommodate instruments and tools for students)

(4) 1 Bulletin board

(5) One wet sanitizer for every work station. A wet sanitizer is defined as any plastic or non-metal receptacle with cover containing a disinfectant solution in which objects can be completely immersed.

(6) Dry Sanitizer (Any airtight cabinet, drawer or container with an active fumigant. Electric sanitizer is acceptable but must be kept in good working order. The ultra-violet light must be working)

(b) Supplies:

Schools must furnish sufficient supplies for each subject taught.

(c) Student Kits:

(1) Nail polish remover

(2) Cuticle cream

(3) Nail bleaches

(4) Buffing cream

(5) Cotton

(6) Cuticle scissors

(7) Emery boards

(8) Nail clippers

(9) Cuticle pushers

(10) Nail buffers

(11) Cuticle oil

(12) Cuticle remover

(13) Nail whitener

(14) Nail enamel

(15) Antiseptics

(16) Tweezers

(17) Cuticle nippers

(18) Nail brushes

(19) Glass container for sanitizing solutions

(20) Artificial nail kit (sculptured nails, nail tips, nail wraps)

(21) Solution for removal of artificial nails

(22) Fumigant

3. Dispensary

(a) Equipment

The Dispensary shall be equipped with no less than:

(1) 1 Double sink with hot and cold water

(2) 1 Large covered waste container

(3) 1 Records book (To be signed by students receiving and returning supplies)

(4) 1 Closed Cabinet for clean linens

(5) 1 Covered container for soiled linens

(6) Ample supply of clean linens

(7) Adequate shelves for supplies

(8) Necessary equipment for dispensing supplies

Each school is required to furnish a dispensing room with a dutch door or dispensing counter, in which each student will obtain actual experience for a period from one to three weeks, as indicated by the course of instruction. A student must be kept on duty at all times and be directly responsible to the instructor.

4. Restroom/Dressing Room

(a) Equipment

The Restroom/Dressing Room shall be equipped with no less than:

(1) Hot and cold water

(2) Paper towels

(3) Toilet articles

The restroom/dressing room shall have adequate space for changing clothes. Adequate space or lockers for hanging coats and uniforms.

Restrooms shall not be used for storage purposes.

5. Office

(a) Equipment

The office shall be equipped with no less than:

(1) 1 Desk

(2) File(s) for records

(3) Reference books (for student's referral)

The office shall have a window wall facing the work room/clinic area.

Other required equipment:

(1) 1 Drinking fountain or provision for drinking water

(2) 1 Fire extinguisher

(3) 1 First aid kit

C. School of Esthetics:

Fifteen hundred square feet for each thirty five (35) students enrolled. Schools having less than the following floor space, equipment and supplies will not be approved by the South Carolina State Board of Cosmetology:

Divided Floor Space, Equipment and Supplies for a School of Esthetics

1. Study and Classroom

(a) Equipment

The Study and Classroom shall be equipped with no less than:

(1) 1 Teacher's desk and chair

(2) 15 Student desks and student chairs (or may use tablet arm chairs)

(3) 1 file for records

(4) 1 Cabinet for books

(5) 1 Blackboard (4' × 8')

Necessary texts, reference books, charts, and equipment to teach the required curriculum shall be available to each student.

Optional Equipment may include: overhead projector, visual aids, transparencies and video equipment.

2. Work Room/Clinic Area

(a) Equipment

The Work Room/Clinic area shall be equipped with no less than:

(1) 3 Woods lamps

(2) 6 Magnifying Lamps

(3) 10 Facial chairs

(4) 6 Facial steamers

(5) Waste Containers

(6) 1 Dry cabinet (large enough to accommodate instruments and tools for students)

(7) 1 Bulletin board

(8) One wet sanitizer for every work station. A wet sanitizer is defined as any plastic or non-metal receptacle with cover containing a disinfectant solution in which objects can be completely immersed.

(9) Dry Sanitizer (Any airtight cabinet, drawer or container with an active fumigant. Electric sanitizer is acceptable but must be kept in good working order. The ultra-violet light must be working)

(b) Supplies:

Schools must furnish sufficient supplies for each subject taught.

(c) Student Kits:

(1) Cape

(2) Spatulas

(3) Astringents

(4) Tweezers

(5) Cotton pads

(6) Make up supplies

(7) Sponges

(8) All purpose cream

(9) Fumigant

3. Dispensary

(a) Equipment

The Dispensary shall be equipped with no less than:

(1) 1 Double sink with hot and cold water

(2) 1 Large covered waste container

(3) 1 Records book (To be signed by students receiving and returning supplies)

(4) 1 Closed Cabinet for clean linens

(5) 1 Covered container for soiled linens

(6) Ample supply of clean linens

(7) Adequate shelves for supplies

(8) Necessary equipment for dispensing supplies

Each school is required to furnish a dispensing room with a dutch door or dispensing counter, in which each student will obtain actual experience for a period from one to three weeks, as indicated by the course of instruction. A student must be kept on duty at all times and be directly responsible to the instructor.

4. Restroom/Dressing Room

(a) Equipment

The Restroom/Dressing Room shall be equipped with no less than:

(1) Hot and cold water

(2) Paper towels

(3) Toilet articles

The restroom/dressing room shall have adequate space for changing clothes. Adequate space or lockers for hanging coats and uniforms.

Restrooms shall not be used for storage purposes.

5. Office

(a) Equipment

The office shall be equipped with no less than:

(1) 1 Desk

(2) File(s) for records

(3) Reference books (for student's referral)

The office shall have a window wall facing the work room/clinic area.

Other required equipment:

(1) 1 Drinking fountain or provision for drinking water

(2) 1 Fire extinguisher

(3) 1 First aid kit

D. Combination School of Manicure/Esthetics:

Two thousand square feet for each forty five (45) students enrolled. Schools having less than the following floor space, equipment and supplies will not be approved by the South Carolina State Board of Cosmetology:

Divided Floor Space, Equipment and Supplies for a Combination School of Manicure/Esthetics

1. Study and Classroom

(a) Equipment

The Study and Classroom shall be equipped with no less than:

(1) 1 Teacher's desk and chair

(2) 15 Student desks and student chairs (or may use tablet arm chairs)

(3) 1 File for records

(4) 1 Cabinet for books

(5) 1 Blackboard (4' × 8')

Necessary texts, reference books, charts, and equipment to teach the required curriculum shall be available to each student.

Optional Equipment may include: overhead projector, visual aids, transparencies and video equipment.

2. Work Room/Clinic Area

(a) Equipment

The Work Room/Clinic area shall be equipped with no less than:

(1) 5 Manicure tables with lights--5 stools, 5 chairs

(2) 3 Facial chairs

(3) 3 Facial steamers

(4) 1 Woods lamp

(5) 3 Magnifying lamps

(6) 8 Waste Containers

(7) 1 Dry cabinet (large enough to accommodate instruments and tools for students)

(8) 1 Bulletin board

(9) One wet sanitizer for every work station. A wet sanitizer is defined as any plastic or non-metal receptacle with cover containing a disinfectant solution in which objects can be completely immersed.

(10) Dry Sanitizer (Any airtight cabinet, drawer or container with an active fumigant. Electric sanitizer is acceptable but must be kept in good working order. The ultra-violet light must be working)

(b) Supplies:

Schools must furnish sufficient supplies for each subject taught.

(c) Student Kits for the Manicuring Course:

(1) Nail polish remover

(2) Cuticle cream

(3) Nail bleaches

(4) Buffing cream

(5) Cotton

(6) Cuticle scissors

(7) Emery boards

(8) Nail clippers

(9) Cuticle pushers

(10) Nail buffers

(11) Cuticle oil

(12) Cuticle remover

(13) Nail whitener

(14) Nail enamel

(15) Antiseptics

(16) Tweezers

(17) Cuticle nippers

(18) Nail brushes

(19) Glass container for sanitizing solutions

(20) Artificial nail kit (sculptured nails, nail tips, nail wraps)

(21) Solution for removal of artificial nails

(22) Fumigant

Student Kits for the Esthetics Course:

(1) Cape

(2) Spatulas

(3) Astringents

(4) Tweezers

(5) Cotton pads

(6) Make up supplies

(7) Sponges

(8) All purpose cream

(9) Fumigant

3. Dispensary

(a) Equipment

The Dispensary shall be equipped with no less than:

(1) 1 Double sink with hot and cold water

(2) 1 Large covered waste container

(3) 1 Records book (To be signed by students receiving and returning supplies)

(4) 1 Closed Cabinet for clean linens

(5) 1 Covered container for soiled linens

(6) Ample supply of clean linens

(7) Adequate shelves for supplies

(8) Necessary equipment for dispensing supplies

Each school is required to furnish a dispensing room with a dutch door or dispensing counter, in which each student will obtain actual experience for a period from one to three weeks, as indicated by the course of instruction. A student must be kept on duty at all times and be directly responsible to the instructor.

4. Restroom/Dressing Room

(a) Equipment

The Restroom/Dressing Room shall be equipped with no less than:

(1) Hot and cold water

(2) Paper towels

(3) Toilet articles

The restroom/dressing room shall have adequate space for changing clothes. Adequate space or lockers for hanging coats and uniforms.

Restrooms shall not be used for storage purposes.

5. Office

(a) Equipment

The office shall be equipped with no less than:

(1) 1 Desk

(2) File(s) for records

(3) Reference books (for student's referral)

The office shall have a window wall facing the work room/clinic area.

Other required equipment:

(1) 1 Drinking fountain or provision for drinking water

(2) 1 Fire extinguisher

(3) 1 First aid kit

35-3. Minimum Curriculum for a School of Cosmetology, Manicure, or Esthetics.

A. Basic course for a School of Cosmetology 1500 Hours Curriculum

Subjects Hours

1. Science of Cosmetology:

(a) Sanitation and Sterilization 45

(b) Personal Hygiene and Grooming 30

(c) Professionalism--Professional Ethics 35

(d) Public Relations, Salesmanship and Psychology 50

(e) Anatomy 45

(f) Dermatology 25

(g) Trichology 25

(h) Nail Structure 15

(i) Chemistry 100

(j) Safety Precautions (Public Safety) 30

2. Practice of Cosmetology:

(a) Shampoos and Rinses (Safety) 45

(b) Scalp and Hair Care-Treatments (Safety) 30

(c) Hair Shaping (Safety) 150

(d) Hair Styling (Safety) 325

(i) Thermal Pressing

(ii) Thermal Curling

(iii) Wiggery

(iv) Roller Placement

(v) Molding

(vi) Pin Curling

(e) Manicuring (Safety) 25

(f) Chemical (Cold) Waving, Chemical Relaxing or Straightening 225

(Safety)

(g) Hair Tinting (Coloring) and Lightening (Bleaching) (Safety) 225

(h) Facial--Skin Care and Make-up (Safety) 30

3. State Law: Rules, Regulations, Code 15

4. Unassigned: Specific Needs 30

-----

Total 1500

B. Basic course for a School of Manicure 450 Hours Curriculum

Subjects Hours

1. Sanitation and Safety Measures 75

(a) Bacteriology

(i) Classifications

(b) Sanitation

(i) Chemical Agents

(ii) Sanitizing methods and Procedures

2. Anatomy and Physiology (Arms, Hands, Feet) 50

(a) Nail Shapes, Structures, Growth

(i) Nail Irregularities

(ii) Nail Diseases

(b) Bones, Muscles, Nerves

(i) Bones of arm, hand

(ii) Muscles of arm, hand

(iii) Nerves of arm, hand

(c) Skin

(i)

Histology

(ii)

Functions

(d) Blood Circulation

(i)

Blood Vessels

(ii)

Blood supply of the arm, hand foot

3. Manicuring and Pedicuring 150

(a) Preparation

(b) Equipment and Implements

(c) Supplies

(d) Procedures

(i) Basic Manicure

(ii) Oil Manicure

(iii) Nail analysis

(iv) Hand and arm massage

(e) Pedicure

(f) Polish--Application

(g) Specific Needs

4. Artificial Nails 110

(a) Sculpturing (liquid and powder brush ons)

(b) Artificial nail tips

(c) Nail wraps and repairs

(d) Maintenance

5. Power Equipment 50

6. State Law 15

-----

Total 450

C. Basic course for a School of Esthetics 600 Hours Curriculum

Subjects Hours

1. Professional Practices 50

(a) Bacteriology and Sanitation

(i) Personal hygiene

(ii) Public health

(iii) Methods

(iv) Procedures

(b) Business Practices

(i) Management practices

(ii) Salon development

(iii) Insurance

(iv) Client records

(v) Salesmanship

2. Sciences 150

(a) Histology of Skin

(i) Cell

(ii) Tissue

(b) Dermatology

(i) Structure of the skin and glands

(ii) Functions of the skin and glands

(iii) Conditions and disorders of the skin

(iv) Characteristics of the skin

(A) Elasticity

(B) Color

(C) Skin types

(v) Nutrition

(A) Nourishment of skin

(B) Healthful diet

(c) Structure and Functions of Human Systems

(i) Skeletal

(ii) Muscular

(iii) Nervous

(iv) Circulatory

(v) Cosmetic Chemistry

3. Facial Treatments 175

(a) Facial Massage

(i) Benefits

(ii) Analysis

(iii) Preparation

(iv) Types of Massage

(v) Manipulations

(vi) Safety measures

(b) Electrical current--facial treatments

(i) Types of current

(ii) Purpose and effects

(iii) Procedures

(iv) Safety measures

(v) Equipment

(c) Other kinds of Facial treatments

(i) Purpose and effects

(ii) Types and treatments

(iii) Preparation

(iv) Procedures

(v) Safety measures

4. Hair Removal 50

(a) Depilatories

(b) Tweezing

(c) Waxing

5. Makeup 75

(a) Purpose and effects

(b) Supplies and implements

(c) Preparation

(d) Procedures

(e) Safety measures

6. Body Wraps 85

(a) Purpose and effects

(b) Types or treatments

(c) Supplies and instruments

(d) Preparation

(e) Procedure

(f) Safety measures

7. State Law, Rules, Regulations and Codes 15

-----

Total 600

35-4. Instructor; Qualifications; Applications.

A. A license to teach Cosmetology, Manicuring, or Esthetics may be issued by the Board to any person who:

(1) submits an application for an Instructor's License on a form prescribed by the Board; and

(2) holds a high school diploma or a General Education Development (G.E.D.) certificate; and

(3) is a licensed Cosmetologist, Manicurist, or Esthetician and has practiced for at least two (2) years or, after receiving his respective Cosmetologist, Manicurist, or Esthetician license, has completed a prescribed seven hundred fifty (750) hour instructor training program approved by the Board; and

(4) has received forty-five (45) hours training in a teaching methods course approved by the Board; and

(5) pays the prescribed fee; and

(6) passes the Instructor's Examination prescribed by the Board; or

(7) alternately, for specialized theory hours, a person who has a minimum of five (5) years experience or a bachelor's degree in a related profession, occupation or cognitive area, may instruct the required theory classes with prior approval by the Board.

B. The Student Instructor Training Program referred to in Regulation 35-4(A)(3) shall:

(1) consist of a minimum of seven hundred fifty (750) hours of instruction designed to teach students the basics of instruction in a cosmetology, manicuring, or esthetics program; and

(2) be conducted under the direct supervision of a licensed instructor in a school licensed by this Board. Instructors may supervise only one (1) student at a time; and

(3) be required when an applicant does not meet the requirement of two (2) years of experience as a licensed cosmetologist, manicurist, or esthetician; and

(4) be limited to those persons currently licensed in South Carolina who hold a valid high school diploma or General Education Development certificate (G.E.D.).

C. The curriculum shall consist of:

(1) One hundred twenty-five (125) hours of instruction in basic teaching methods and counseling techniques, development of lesson plans, South Carolina cosmetology laws and regulations; and

(2) Two hundred forty (240) hours of instruction in theory, use of audio-visual equipment, evaluation techniques and instruments, classroom observation, practice teaching, and record keeping; and

(3) Two hundred forty (240) hours of instruction in sterilization and sanitization, supervision of clinical activity, effective demonstration procedures, presentation of styling techniques, student/patron relationship; and

(4) One hundred twenty (120) hours of instruction in federal and state enrollment procedures and requirements, financial aid requirements, inventory control and purchasing, student scheduling, graduate records, licensure application forms; and

(5) Twenty-five (25) hours unassigned to be designated as needed on an individual basis.

D. Schools offering the Student Instructor Training Program shall submit a proposed curriculum to the Board for approval. The approved course must be adhered to. Any change in the curriculum shall be submitted to the Board for approval prior to implementation. A copy of the approved curriculum must be given to each student.

(1) Before enrolling a student in the Student Instructor Training Program, the school must disclose in writing that the course is not required for licensure as an instructor if the enrollee has a cumulative total of twenty-four (24) months of experience as a licensed cosmetologist, manicurist, or esthetician. The student must sign a statement that he/she has been advised of all state instructor licensure requirements.

(2) The student instructor's enrollment form shall be submitted to the Board with the required fees.

(3) A copy of the student instructor's contract must be kept on file at all times and available for inspection by the Board or its agents.

(4) The school shall submit a copy of the student instructor's high school diploma or G.E.D. certificate, disclosure form, and a copy of the school contract within ten (10) working days.

(5) The student instructor shall be properly identified at all times.

(6) Schools shall notify the Board within ten (10) working days, when a student instructor drops from the program.

(7) The school must provide a certified transcript documenting the hours obtained by the student instructor to the Board after all contractual and financial obligations have been met.

35-5. Instructor Examinations; Reexaminations.

A. Upon determining that an applicant is eligible for examination, the Board shall notify the applicant at least ten days before the examination.

B. If an applicant fails to appear for a scheduled examination, the examination fee shall be forfeited.

C. The Board may subscribe to the National Interstate Council of State Boards of Cosmetology Testing Service or such other Testing Service as selected by the Board for the written portion of the examination.

D. The examination shall be administered in two separate parts.

(1) The first part shall be the written examination with a minimum passing score of 80%.

(2) The second part shall be the practical examination with a minimum passing score of 80%.

E. An applicant must pass the written examination before being eligible to sit for the practical examination.

F. An applicant who fails either part of the examination need only retake the part of the examination failed.

G. An applicant who fails either part of the examination more than twice shall be required to complete additional training satisfactory to the Board in the part failed and submit proof thereof prior to being reexamined.

H. An applicant desiring to be reexamined shall apply to the Board on a form prescribed by the Board and pay the prescribed reexamination fee.

35-6. Deleted by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

35-7. Instructor Examination Review--Practical Part.

(Statutory Authority: 1976 Code Sections 40-13-160, 40-13-180)

A. An applicant may on written request, within thirty days from the date of the Practical Examination, review his examination grades under terms and conditions prescribed by the Board.

B. An applicant shall not copy materials provided for the review.

C. The review shall be conducted during business hours in the presence of a representative of the Board.

D. If, following review of his examination, an applicant believes that an error was made in grading his examination, he may request the Board to review his examination. A request for review shall be in writing, specifically stating the reasons for review and be received by the Board within thirty days after the date of the applicant's review.

E. The Board may review an applicant's examination on receipt of a request for review. The Board may, at its discretion, allow applicant to appear before the Board. If the Board finds that an error was made, the Board may correct the grade and notify applicant of the correction.

35-8. Instructor Reciprocity.

A license to teach Cosmetology, Esthetics, or Manicuring may be issued by the Board to any person who:

(1) Submits an application for an Instructor License on a form prescribed by the Board.

(2) Holds a high school diploma or General Education Development (G.E.D.) Certificate.

(3) Is a licensed Cosmetologist, Esthetician or Manicurist and has practiced for at least two years in any other State.

(4) Is a currently licensed Instructor in any other state.

(5) Submits proof, satisfactory to the Board, of having completed Instructor training in a state which has instructor education requirements which are substantially equivalent to those of this State and to the satisfaction of this Board.

(6) Pays the prescribed fee.

35-9. Instructor--Renewal License.

(Statutory Authority: Sections 40-13-160, 40-13-180)

A. The holder of a current Instructor's License shall not be required to renew his Cosmetologist, Esthetician or Manicurist License as long as the Instructor's License is renewed annually and Instructor's Continuing Education requirements are met.

(1) If the holder of a current Instructor's license chooses to receive a Cosmetologist, Esthetician or Manicurist license in addition to the Instructor's license, the eligible license may be issued upon payment to the Board of the prescribed renewal fee.

(2) If the holder of a current Instructor's license chooses to no longer renew the Instructor's License and elects instead to reactivate a Cosmetologist, Esthetician or Manicurist license such license will be considered as being current with the Instructor's license and the eligible license may be issued upon payment to the Board of the prescribed renewal fee.

B. [Blank]

35-10. General Rules for the Operation of Cosmetology Schools.

Prior to school closure a record of all student's transcripts, who are currently enrolled for whom contractual obligations have been met, must be submitted within ten working days, via certified mail, to the board office. Failure to do so will result in a fine of the maximum amount as allowed by law.

(A) Student Registration

(1) Enrollment Requirements

(a) A student may not enroll in a school without first providing proof of tenth grade education, as certified by the school last attended, or the equivalent thereof as established by tests used in public schools or as established by psychological examinations determined by a certified psychologist. A student will also have to be at least sixteen years of age or will have attained such age prior to the completion of the course of instruction. However, if an applicant cannot provide this certification due to extenuating circumstances (e.g. school burned or closed); the Board will accept signed affidavits from three (3) witnesses such as the principal and/or instructors in the school during the time applicant attended who can attest that the applicant was a student and did complete the requirements established for certification of tenth grade education.

(b) Enrollments must include the enrollment form prescribed by the Board, copy of the student/school contract and certified proof that the student has completed minimum tenth grade or better education.

(c) If a student has been inactive for one year or more, the school shall furnish a new enrollment form and contract.

(d) Enrollments must be registered in the Board office within fifteen working days from the enrollment date.

(2) Contracts

(a) The contract shall include the total cost of the course and supplies, including the cost of a kit if that cost is not otherwise included in the cost of the course, the type of course to be taken, the total hours of instruction required for completion and a payment schedule.

(b) School will provide students with a copy of their signed contract.

(c) The contract will contain:

(i) a statement clearly indicating to the student, that the school will not release to any licensing board or other schools, any certified hours or transcripts unless all financial and contractual obligations have been met.

(ii) a statement regarding any board approved teach-out agreement or the related bond,

(iii) a statement requiring a certified transcript be provided to any student who withdrawals. The transcript must include all hours obtained and for which the school has been compensated,

(iv) a copy of all approved school rules and regulations.

(B) Records

(1) Performance Records

(a) All schools shall keep a daily record of the daily attendance, hours earned per day, total hours per month, and the total number to date of all students registered in any program.

(b) Schools shall maintain at the school the names of the students enrolled, the total hours previously recorded for each student, the total number of hours completed during the month for each student, and the total cumulative number of hours for each student at the end of the preceding month. This report shall reflect the student's daily attendance and whether the student is attending day or evening class.

(2) Signing of Records

(a) Both the instructor and the student shall verify and sign all hours on monthly performance records. Students shall be provided a certified copy of their monthly performance records.

(3) Maintaining Records

A student shall be given credit on the basis of one hour credit for one hour of actual classroom instruction or one hour of actual clinic work. A record of this shall be maintained by the school.

(4) Withdrawals

(a) The school provide the student with a certified transcript of their hours within ten working days of the student's withdrawal or graduation provided all contractual agreements have been met.

(C) Instructing Staff

(1) Classroom Supervision

(a) An instructor shall be present in the classroom of school during all class and study hours and must supervise all student practice work.

(b) During school or class hours, instructors shall be totally devoted to instructing the students, and shall not apply their time to private or public practice for compensation.

(c) Instructors shall not permit students to instruct or teach other students in the absence of an instructor.

(2) Schools must furnish to the Board a list of all regular and emergency instructors and schedules.

(3) Instructors may not teach more than one course at a time.

(4) Schools shall provide separate instructors for each course offered at the ratio of one instructor for every twenty students in attendance or portion thereof.

(5) Absence of Instructor

(a) If an emergency situation arises and a substitute instructor is needed, the school shall obtain a licensed instructor, if possible, to substitute and shall notify the Board of the emergency change in instructors.

(b) If a licensed instructor is not available, the Board may allow a currently licensed registered Cosmetologist to teach temporarily, not to exceed thirty days without board approval, upon request of the school.

(c) Schools must report any change in instructors or schedules to the Board in writing, including lists of the instructors and scheduled times of instruction and whether the position is temporary, permanent, part time or full time. If the position is temporary, notification must include the time scheduled for the position to be filled permanently.

(6) Teaching Aids

(a) Instructors may not use demonstrations of Cosmetology devices, techniques or preparations to evade the requirement for maintaining a proper instructor-student ratio, but only to demonstrate unique and different devices, techniques and preparations to students and instructors. A licensed instructor must be present in the classroom during such demonstrations.

(b) The Board reserves the right to require the addition of any equipment or supplies it deems necessary for the full and complete instruction of students.

(D) Training Schedules

(1) Class scheduling

(a) Schools offering day classes must conduct theory classes not less than six hours per week.

(b) Schools offering evening classes must conduct theory classes not less than three hours per week.

(c) A school operating or planning to operate an evening class, shall provide the Board with a schedule and the name of the instructor.

(d) No student shall attend two different schools concurrently.

(e) No student shall be required or permitted to attend more than eight hours of instruction or practice, or any combination thereof, in any one day, except that a student may be permitted to complete a service in process.

(f) [Deleted]

(2) Advanced Training

Advance training courses must be operated separately from the basic Cosmetology classes and the student must be properly identified.

(E) Credit Hours

(1) Schools may not give credit for hours or certify hours with the Board until enrollment has been completed and is on file with the Board.

(2) A student shall be given credit on the basis of one hour credit for one hour of actual classroom instruction or one hour of actual clinic work.

(3) Schools may not give credit for hours while in attendance at trade shows, seminars, etc., without full supervision and proper documentation by the instructor. These hours shall be creditable only if they are deemed educational.

(4) Hours recorded shall be verified by both the instructor and the student and both shall sign these records.

(5) Hours from other states

(a) If a student from another state establishes residence in South Carolina, the South Carolina Board will accept all certified hours from another State Board but the student must complete any additional hours necessary to equal South Carolina requirements.

(b) In the event the State Board of another state does not certify hours, the South Carolina Board may accept certification by the school.

(6) The Board shall approve any transfer of hours between Cosmetology, Manicuring, or Esthetics courses.

(F) Services for the Public--Restrictions

(1) Schools may only permit its students to practice upon members of the public willing to submit themselves to such practice after being fully informed that the person performing the services is a student.

(2) Curriculum - Schools must not allow students to practice on the public until they have satisfied the following:

(a) Cosmetology - Must have completed 300 hours of instruction

(b) Manicure - Must have completed 40 hours of instruction

(c) Esthetics - Must have completed 60 hours of instruction.

(3) Each school shall display in a conspicuous place, visible upon entry to the school, a sign stating that all services in the school are performed by students who are in training and under the direct supervision of a licensed instructor.

(4) Schools may charge for work performed by students to help defray the cost of operations. It must post a price list for services rendered to the public in type which can be easily read from a distance of ten feet.

(5) Instructors shall not call a student from a theory class to work on the public.

(6) Students shall not work in a salon without first completing the required hours and training and receiving the Board's permit to work.

(G) School Examinations

(1) It shall be the duty of the teaching staff to give a final examination to every student who is a candidate for a degree or diploma.

(2) A passing grade of 75% or better is required for graduation.

(H) School Standards

(1) Board Requirements

(a) All school rules and regulations and any changes thereto must be approved by the Board.

(b) Schools shall permit the Board, or its agents to inspect the school and records which pertain to this chapter at any time during regular school hours.

(2) A school may not operate with an enrollment of less than six active students.

(3) Schools may not recruit students from other schools or knowingly make false or misleading statements to students about other schools.

(4) A school may not operate as a beauty salon.

(5) If the school is closed, the Board must be notified within ten working days via certified mail.

(I) Student Standards

(1) Students enrolled in a school shall wear name tags which clearly indicates they are students.

(2) Students shall wear professional attire while attending school.

(J) Advertising

While schools may advertise, all school advertisements must clearly identify to the consuming public that it is a school and that all services will be performed by students under the direct supervision of a licensed instructor.

(K) Transcripts

Upon obtaining hours, for which the school has been compensated for, the school shall provide the student with a certified transcript on a board approved form:

(1) if the school closes; or

(2) the student withdrawals; or

(3) the student transfers; or

(4) any licensing request.

35-11. Public School Cosmetology Programs.

A. Public school Cosmetology programs include accredited high schools, trade schools or industrial schools.

B. Every person who successfully completes the course in Cosmetology, or any of its branches, given in a school under the public school system of this State is accorded the same eligibility for registration and licensure under this Chapter as those who have completed a course in a licensed private school approved by the State Board of Cosmetology.

C. Students who do not complete the Cosmetology courses in public schools and who elect to enroll in private Cosmetology schools may transfer only those Cosmetology hours actually completed.

35-12. Examinations: Cosmetologists, Manicurists, Estheticians.

A. To be eligible to sit for the examination, an applicant must have completed all training requirements set by the Board, must have applied on a form prescribed by the Board and must have paid the required fee not less than twenty days prior to the scheduled examination date. Failure to appear for the scheduled examination will result in the examination fee being forfeited.

B. The completed application shall include the applicant's age and they shall have the ability to read, write, comprehend and be tested in the English language in order to prevent the unlawful use of hazardous and harmful chemicals.

C. Examination: Examination dates shall be determined by the Board and all schools shall be so notified.

(1) The examination shall consist of two parts, a written theory examination and a practical examination, both of which must be completed successfully prior to licensure.

(2) Applicants must furnish all supplies and tools as prescribed by the Board for the practical examination.

(3) An applicant may request an oral theory examination if able to document a handicapping condition (e.g., a reading, writing, or learning disability) which prevents his or her taking a written examination. An oral examination also may be requested if the applicant has failed the examination two times. All oral examinations shall be conducted in the Board office.

(4) Dress projecting a professional image is required of examinees. Knee-length lab coats, closed in front, must be worn at state exams. Examinees may not wear clothing, badges, pins, or other items which disclose the school where training occurred.

(a) An applicant will not be allowed to take notes, text books, or notebooks into the examination room.

(b) An applicant will be disqualified for talking to another applicant during the examination.

(c) An applicant must obtain permission from the examiner to leave the room during the examination.

(5) After the examination has been graded, the Board will notify the applicant by mail within fifteen business days, by the issuance of a license or, if the examination was failed, a notice indicating the portion(s) failed.

(a) An average of seventy percent shall be the passing grade for the written theory examination.

(b) An average of seventy percent in each category shall be the passing grade for the practical examination.

(c) Test results may be mailed to the applicant.

(d) An accurate record of each examination score shall be retained in the Board office.

(e) The Board or test provider is authorized to collect and retain reasonable examination fees. Applicants for the examination given by a test provider will pay the said fee directly to the test provider.

D. Reexaminations: Any examinee who fails the examination shall be entitled to reexamination pursuant to the terms and conditions set forth in this Rule.

(1) If the examinee fails any part of the examination, he or she will be required to be reexamined only in the part failed, provided the reexamination takes place within one year of the date of the failed examination. Applicants who do not apply for reexamination within the year shall be required to pay the prescribed fee and retake the entire examination.

(2) An examinee who fails the examination or any part thereof two consecutive times shall obtain a minimum of fifty hours of remedial instruction prior to retaking any part of the examination. After taking and failing the examination five times, a candidate will not be allowed to re-take the examination again, until the candidate has completed an entire approved course and obtained the required hours.

(a) This additional training may be obtained in an approved school of cosmetology or from an Instructor licensed by this Board.

(b) The fifty hours of additional training shall be required after every two failures; however, the applicant is not limited to the number of times to be reexamined provided all conditions have been met.

(c) Upon completion of the additional training hours, an applicant may reapply to the Board for reexamination in subjects failed and submit the required fees and written documentation of the additional training. The reexamination must take place within one year of the second failure. Applicants who do not apply for reexamination within the year shall be required to pay the prescribed fee and take the full exam.

(3) Master hair care specialist applicants for licensure as Cosmetologist under Crossover provisions (R. 35-26) must complete fifty hours of training in each portion failed after each failure. These additional hours must be taken in a Board prescribed curriculum in a Board approved Cosmetology school or from a licensed Cosmetology Instructor prior to reapplying and retaking the portion(s) of the examination failed.

(4) A tuberculin test will not be required on second or subsequent applications for examination.

E. Examination Review Procedures: If an applicant believes that an error was made in the grading of the examination, he or she may request the Board review the examination results. Such requests must be in writing, stating specifically the reason for the request, and must be received in the Board office within thirty days of the date the notice of failure was mailed.

(1) If, upon review, the Board finds that an error was made, the grade may be adjusted to reflect the correction.

(2) The applicant shall be notified in writing of the decision.

35-13. Out of State Applicants.

A. A person currently licensed or certified to practice cosmetology in another state, territorial possession of the United States, or the District of Columbia, whose license is in good standing, may qualify for licensure by reciprocity or endorsement if the records submitted verify that the education and examination requirements for licensure or certification in the other jurisdiction were, at the time completed, equal to or greater than existing requirements in South Carolina and if the reciprocal jurisdiction grants the same privileges to South Carolina licensees.

B. A person currently licensed or certified to practice manicuring or esthetics in another state, territorial possession of the United States, or the District of Columbia, whose license is in good standing, may qualify for licensure with Board approval if the records submitted verify that the education and examination requirements for licensure or certification in the other jurisdiction were, at the time completed, equal to or greater than existing requirements in South Carolina and if the reciprocal jurisdiction grants the same privileges to South Carolina licensees.

C. Applicants requesting licensure by reciprocity or endorsement whose license in the reciprocal jurisdiction has expired will be allowed to sit for the South Carolina State Board Examination upon submittal of the following:

(1) an official Board record from the reciprocal territory verifying training, examination, and licensure; and

(2) a copy of the expired license; and

(3) a completed application form; and

(4) an application fee as set forth in Regulation 35-25.

D. Applicants who are currently licensed or certified to practice cosmetology, manicuring, or esthetics in a jurisdiction with which South Carolina does not reciprocate who verify training requirements equal to or greater than existing requirements in South Carolina are required to take the examination for licensure in this State.

Applicants may be exempt from taking the written portion of the examination if they scored at least seventy percent (70%) on a national written examination taken in the respective state or territory and furnishes proof to that effect.

E. Applicants from a jurisdiction with which South Carolina does not reciprocate and who are not currently licensed or certified shall be permitted to take the examination by submitting an official Board record from the respective jurisdiction which verifies training requirements equal to or greater than existing requirements in South Carolina. An application and fee are required as set forth in Regulation 35-25.

F. If an applicant for a cosmetology license from another state, territory, or the District of Columbia has completed less than the required one thousand five hundred hours (1,500) of training, the Board may give credit of three hundred hours (300) for every six (6) months of proven work experience with a maximum credit of one thousand (1000) hours.

G. If an applicant for a manicurist license from another state, territory, or the District of Columbia has completed less than the required four hundred fifty (450) hours of training, the Board may grant credit of sixty (60) hours for every six (6) months of proven work experience with a maximum of two hundred (200) hours credit. If an applicant for an esthetics license from another state, territory, or the District of Columbia has completed less than the required six hundred hours (600) of training, the Board may grant credit of ninety (90) hours for every six (6) months of proven work experience with a maximum of three hundred (300) hours credit.

H. Foreign applicants must meet the following requirements for licensure in South Carolina:

(1) applicants licensed or certified in a foreign country shall be required to present a current license (or certification if that country does not require licensure) and English translation of the requirements they met to become licensed or certified in that country; and

(2) the credentials shall be presented to the Board for consideration and a determination as to whether the applicant qualifies to receive a license in this State.

35-15. Licensure of Cosmetology, Manicuring, and Esthetics Salons.

A. Application for Licensure.

(1) For the purpose of this regulation, a salon is defined as either a separate salon or an independent contractor. At least one of the requirements for qualifying as an independent contractor is that each such person hold a separate salon license issued by this Board.

(2) Any firm, person or corporation desiring to open a salon of cosmetology, manicuring or esthetics shall make application to the State Board of Cosmetology at least ten working days prior to opening date, stating approximate date salon will be ready to open. Such application shall be made on a form provided by the Board and shall be accompanied by the required application fee.

(3) The applicant shall designate a manager of the salon who will be responsible for compliance with this chapter and responsible for all personnel physically located in the salon.

(4) If an applicant fails to meet all the licensure requirements, the Board shall deny the application, in writing, and shall list the specific requirements not met.

(5) An applicant denied salon licensure because of failure to meet the requirements set by the Board is not precluded from reapplying for licensure.

B. Temporary Permit.

(1) When an application to operate a salon is approved by the Board and an inspection cannot be completed before the projected opening date, the Board may issue a temporary permit for not more than ninety days to the owner to operate the salon until an inspection can be made.

(2) If, upon inspection, the salon fails to meet all licensure requirements, the Board may, in its discretion, extend the temporary permit for not more than thirty (30) additional days.

(3) Upon completion of a satisfactory salon inspection, any temporary permit previously issued shall be relinquished to the Board's representative and a salon license will be issued by the Board.

C. Inspections.

(1) The Board or their designee shall conduct an inspection of the salon to ensure that all licensure requirements have been met, within ten working days, prior to issuance of a salon license.

(2) Licensed salons will be inspected at least annually by a representative of the Board.

D. Change in Salon Location.

(1) A salon license shall be valid only for the location named and shall not be transferable.

(2) Any request for a change in salon location shall be submitted to the Board through a new application, together with the required fee, twenty working days prior to proposed opening in the new location.

E. Change in Salon Name and/or Salon Owner.

(1) A salon license shall be valid only for the owner named and the salon named, and shall not be transferable.

(2) Any request for a change in salon name and/or salon owner shall be submitted to the Board through a new application, together with the required fee.

F. Salon Closure.

(1) If a salon is closed permanently, the salon license shall be immediately returned to the Board. If a salon is temporarily closed for more than sixty (60) days, the salon owner shall notify the Board.

G. Renewal of Salon License.

(1) A salon license shall be renewed upon application, accompanied by the required renewal fee, to the Board before July 1 of the year in which such license expires.

35-16. Salon Equipment Requirements.

A. Salons offering Services in All Phases of Cosmetology shall Maintain or have direct access to the Following Minimum Equipment:

(1) 1 Shampoo Bowl

(2) 1 Shampoo Chair

(3) 1 All Purpose Chair

(4) Hair Drying Facilities

(5) 1 Manicure Table with Light and Chair

(6) 1 Sanitizer (wet)

(7) 1 Sanitizer (dry) (cabinet with active fumigant or ultra violet electric sanitizer)

(8) Sufficient Linens

(9) Sufficient Brushes and Combs

(10) Sufficient Perm Rods, Rollers, and Clips

(11) Sufficient Implements and Supplies

B. Manicure Salons Shall Maintain, or have direct access to the Following Equipment:

(1) 1 Manicure Table, Light, Chair and Proper Ventilation

(2) 1 Sink

(3) 1 Sanitizer (wet)

(4) 1 Sanitizer (dry) (cabinet with active fumigant or ultra violet electric sanitizer)

(5) Sufficient Linens

(6) Sufficient Implements and Supplies

C. Esthetics Salons Shall Maintain, or have direct access to the Following Minimum Equipment:

(1) 1 Facial Chair

(2) Magnifying Lamp

(3) 1 Sink

(4) 1 Sanitizer (wet)

(5) 1 Sanitizer (dry) (cabinet with active fumigant or ultra violet electric sanitizer)

(6) Sufficient Implements and Supplies

D. All Salons Shall Maintain, or have direct access to the following:

(1) Hot and Cold Running Water

(2) Rest Room Facilities

(3) Closed Cabinet for Clean Linens Storage

(4) Storage for Soiled Linen

(5) Fire Extinguisher

(6) First Aid Kit

(7) Trash Containers

All salons shall provide other equipment as is necessary to offer those services available in the salon in a safe and sanitary manner.

35-20. Sanitary and Safety Rules for Salons and Schools.

A. Enforcement.

(1) The holder or holders of a salon license or a school license, and the person in charge of any such salon or school shall be liable for implementing and maintaining the sanitary rules in such salon or school individually and jointly with all persons in or employed by or working in or on the premises of such salon or school. All licensed cosmetologists, instructors, manicurists and estheticians shall be held individually liable for implementation and maintenance of the sanitary rules applicable to them.

(2) To assure compliance with the laws and regulations governing the operations of salons and schools, the authorized representatives shall have access to the premises of any salon or school, at any time that the instruction or practice of cosmetology is being conducted.

(3) Refusal to permit, or interference with, an inspection constitutes a cause for disciplinary action.

(4) A licensee's failure to observe all rules and regulations on sanitation and to maintain adequate precautionary measures for the public's protection and safety is cause for disciplinary action up to revocation of license. Failure to display, in full public view, all licenses applicable to the salon or school and the persons therein engaged in the practice of cosmetology as well as the sanitary rules and regulations and the sanitary rating given to said salon or school, is sufficient cause for revocation of licenses.

(5) A salon's or school's failure to receive a rating of at least 75% is sufficient cause for disciplinary action up to revocation of license, if not corrected by the next inspection. Thirty days thereafter the board may schedule a show cause hearing in accordance with the provisions as established by the statutes regulating cosmetology.

B. Rules.

(1) Every salon and school must occupy a separate building, or part of a building which is suitable to render adequate sanitary services to the public, wherein cosmetology may be taught or practiced. Salons, schools, and barber shops must be separated from each other by a solid wall from the floor to the ceiling. Salons and schools must also be separated by solid walls.

(2) Salons and schools shall comply with all state and local building, plumbing and electrical codes.

(3) Salons and schools shall comply with all relevant federal/state workplace safety laws.

(4) The use of a salon or school as living, dining or sleeping quarters is prohibited.

C. Residential Salons.

(1) Residential salons must maintain a separate entrance for clients, which entrance shall not open from the living, dining or sleeping quarters, and all doors previously opening into such quarters must be permanently sealed.

(2) No portion of the salon may be used as a portion of a private residence.

(3) Entrances must permit patrons to enter salon directly without requiring passage through any portion of the residence.

(4) Separate toilet facilities for patrons must be provided apart from the living quarters.

D. Consumer Information.

Licensees must post a copy of the sanitary and safety rules conspicuously in:

(a) reception or clinic area of both salons and schools, and

(b) theory rooms of schools.

E. Physical Facilities of Salons and Schools.

(1) Cleanliness and Repair. Each salon and school must keep the floors, walls, woodwork, ceilings, furniture, furnishings, and fixtures clean and in good repair.

(2) Water Supply. Each salon and school must provide a supply of hot and cold running water.

(3) Toilet Facilities. Each salon and school must provide toilet and hand washing facilities consisting of at least one commode and one lavatory in good working order, with hot and cold running water, soap and individual towels. These facilities must be separate and apart from living, dining or sleeping quarters. Restrooms may not be used for storage.

(4) Drinking Water. Each salon and school must supply potable drinking water. No salon or school shall provide any cup, glass, or other receptacle for common use.

(5) Equipment. Each salon and school must provide and maintain the following minimum equipment:

(a) a sufficient number of covered waste receptacles;

(b) wet sanitizers of sufficient size to hold instruments and equipment;

(c) a sufficient number of closed receptacles to hold all soiled towels;

(d) a sufficient number of airtight containers for sanitized instruments;

(e) a sufficient number of closed cabinets to hold all clean towels;

(f) a liquid sanitizer of sufficient size to hold instruments and equipment containing a solution of quaternary ammonium compound or an equivalent disinfectant.

F. Accumulation of Waste and Refuse.

No salon or school may permit an accumulation of waste or refuse.

G. Animals in Salons and Schools.

No person may bring any animal into, permit any animal to be brought into, or permit any animal to remain in, a salon or school. Trained dogs accompanying sightless or hearing impaired persons are exempt from this section.

H. Infectious Disease.

(1) Licensees must not permit any person afflicted with an infestation of animal parasites or with an infectious or communicable disease which may be transmitted during the performance of the acts of cosmetology or any of its branches, to work or train in a salon or in a school.

(2) No salon or school may knowingly require or permit a student or person licensed by the Board of Cosmetology to work upon a person known to suffer from any infectious or communicable disease which may be transmitted during the performance of the acts of cosmetology or any of its branches.

(3) No salon or school may require or allow a student or licensee of the Board of Cosmetology to perform any service on a patron with a known infestation of animal parasites.

I. Massaging.

No person training or working in a salon or in a school may massage any person upon a surface of the skin or scalp where such skin is inflamed or where a skin infection or eruption is present.

J. Personal Cleanliness.

(1) Person and Wearing Apparel. The person and the uniform or attire worn by an individual serving a patron must be clean and appropriate at all times.

(2) Washing Hands. Every person performing cosmetological services in a salon or school must thoroughly wash his or her hands with soap and water or any equally effective cleansing solution before serving each patron.

K. Headrests, Shampoo Bowls, and Treatment Tables.

(1) Licensees and students must cover the headrest of chairs with a clean towel or paper sheet for each patron.

(2) Shampoo trays and bowls must be cleansed with soap and water or other detergent after each shampoo and kept in good repair and in a sanitary condition at all times.

(3) Licensees and students must cover treatment tables with a clean sheet of examination paper for each patron.

L. Towels.

(1) Used Towels to Be Discarded. After a towel has been used once, it must be deposited in a closed receptacle, and shall not be used again until properly laundered and sanitized.

(2) Methods of Laundering. Used towels must be laundered either by regular commercial laundering or by a noncommercial laundering process which includes immersion in water at 140 degrees F for not less than fifteen (15) minutes during the washing or rinsing operation.

(3) Storage. All clean towels must be stored in a closed cabinet.

M. Bottles and Containers.

Licensees and students must distinctly and correctly label all bottles and containers in use in a school or salon to disclose their contents. All bottles containing poisonous substances shall be additionally and distinctly marked as such.

N. Neck Strips.

Licensees and students must use sanitary neck strips or towels to keep the protective covering from coming in direct contact with a patron's neck.

O. Instruments and Supplies.

(1) Licensees and students must dispose of all supplies or instruments which come in direct contact with a patron and cannot be disinfected (for example, cotton pads, emery boards used on the natural nail, and neck strips) in a waste receptacle immediately after their use.

(2) Students training in a school or any licensee working in a salon must not carry any instrument or supplies in or on a garment or uniform while practicing cosmetology or any branch thereof.

P. Disinfecting Nonelectrical Instruments and Equipment.

(1) Before use upon a patron, all non-electrical instruments with a sharp point or edge which may on occasion pierce the skin and draw blood (scissors, razors, tweezers, cuticle nippers, manicure/pedicure scissors, etc.) must be disinfected in the following manner: Clean with soap (or detergent) and water and then totally immerse in either (a) an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity used according to manufacturer's instructions, or (b) 70% isopropyl alcohol for at least ten minutes.

(2) Before use upon a patron, all non-electrical instruments without sharp points or edges (combs, brushes, rollers) and all instruments and accessories used in all branches of cosmetology, including manicuring, that are not included in subdivision (1) must be disinfected in the following manner: clean with soap (or detergent) and water and then totally immerse for at least ten minutes in either (a) an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity used according to manufacturer's instructions, or (b) 70% isopropyl alcohol.

(3) The disinfectant solutions specified in subdivisions (1) and (2):

(a) shall remain covered at all times;

(b) shall be changed at least once per week or whenever visibly cloudy or dirty.

(4) All nondisinfected instruments (those that have been used on a patron or soiled in any manner) must be placed in a properly labeled receptacle.

(5) All disinfected instruments must be stored in a clean, covered place.

Q. Disinfecting Electrical Instruments.

(1) Licensees and students must disinfect clippers, vibrators, and other electrical instruments prior to each use by:

(a) first removing all foreign matter; and

(b) disinfecting with EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity used according to manufacturer's instructions.

(2) All disinfected electrical instruments shall be stored in a clean, covered place.

R. Liquids, Creams, Powders and Other Cosmetic Preparations.

(1) Storage. All liquids, creams and other cosmetic preparations must be kept in properly labeled clean and closed containers. Powders may be kept in a clean shaker.

(2) Removal from Container. When only a portion of a cosmetic preparation is to be used on a patron, licensees and students shall remove it from the container in such a way as not to contaminate the remaining portion.

(3) Pencil cosmetics must be sharpened before each use.

S. Ancillary Services.

(1) Salons and schools may permit the sale of merchandise within licensed premises, provided that space is allocated for such sales.

(2) Salons and schools may offer ancillary services related to the beautification of the body or enhancement of personal appearance, provided that these services are performed in a safe and sanitary manner by licensed personnel who are adequately trained to render such services.

T. Tanning Beds.

(1) Licensed personnel appropriately trained in the use of the tanning equipment must operate any tanning booths or tanning beds in salons and follow the manufacturer's instructions concerning the use and limitations on the use, of the tanning equipment.

(2) Licensees must post appropriate warnings concerning possible hazards from overexposure to ultraviolet radiation in plain sight near the equipment, and verbally inform clients using the equipment of such possible hazards.

35-22. Civil Penalties.

A. Any person who violates any provision of 1976 South Carolina Code of Laws Section 40-13, any regulation of Chapter 35 promulgated by the South Carolina State Board of Cosmetology, or any duly issued Order of the Board may incur, in addition to any other penalty provided by law, a civil penalty in an amount of not more than five hundred dollars for each violation. Imposition of civil penalties is not limited to violations set forth in this regulation. In establishing the amount of the penalty for each violation, the Board shall consider, but not be limited to, the following factors:

(1) The gravity and magnitude of the violation;

(2) The person's previous record of complying or of failing to comply with the provisions of Section 40-13 or with the rules adopted under South Carolina Chapter 35;

(3) The person's history in taking all feasible steps or in following all procedures necessary or appropriate to correct the violation;

(4) Such other factors as the Board may consider appropriate.

B. Establishing Civil Penalty Amounts.

In assessing civil penalties, the Board desires to be both consistent and equitable and to consider and evaluate each case on an individual basis. By majority vote, the Board may reduce or waive a penalty. The actual civil penalty which the Board assesses shall be based on the Board's consideration of the factors listed in (A) above, but the fine for any one violation shall not exceed five hundred dollars.

C. All fines shall be remitted to the State Treasurer where they will be deposited in a special fund from which the State Board of Cosmetology shall be reimbursed for administrative costs for each case upon the approval of the Budget and Control Board. At any time when the special fund exceeds ten thousand dollars, all excess funds must be remitted to the General Fund. Except as the Board may arrange otherwise with the person incurring a civil penalty, a final civil penalty Order is due and payable within sixty days after the date on which the order is signed.

D. Schedule of Safety and Sanitary Rules Violations

(1) Refusal to permit or interference with a salon inspection

(a) For first offense: $50

(b) For second offense: $100

(c) For third offense: $200

(2) Failure to display salon license

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(3) Failure to display an individual license

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(4) Failure to display sanitary rules and regulations

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(5) Failure to display last inspection report

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(6) Failure to receive rating of seventy-five percent on inspection

(a) warning

(b) For second offense: $200

(c) For third offense: $500

(7) Improper use of salon as living, dining, or sleeping quarters

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(8) Inadequate toilet facilities

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(9) Failure to provide a separate entrance into salon

(a) For first offense: warning

(b) For second offense: $200

(c) For third offense: $400

(10) Failure to maintain cleanliness in a salon

(a) For first offense: warning

(b) For second offense: $50

(c) For third offense: $100

(11) Failure to maintain equipment and furnishings in good repair

(a) For first offense: warning

(b) For second offense: $50

(c) For third offense: $100

(12) Failure to provide hot and cold running water

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(13) Failure to provide drinking water

(a) For first offense: warning

(b) For second offense: $50

(c) For third offense: $100

(14) Failure to provide and maintain minimum equipment as prescribed in R. 35-20(E)(5)

(a) For first offense: warning

(b) For second offense: $200

(c) For third offense: $400

(15) Failure to maintain electrical appliances in good repair

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(16) Allowing any animal to enter or remain in a salon or school. Trained dogs accompanying sightless or hearing impaired persons are exempt.

(a) For first offense: warning

(b) For second offense: $200

(c) For third offense: $400

(17) Allowing a licensee of this Board to work on any person afflicted with an infestation of animal parasites or with an infectious or communicable disease which may be transmitted during the performance of the acts of cosmetology or any of its branches

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(18) Massaging the skin or scalp where skin is inflamed or where a skin infection or eruption is present

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(19) Failure to have clean, appropriate personal clothing

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(20) Failure to adequately cover headrests of chairs or treatment table with a towel or paper sheet for each patron

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(21) Failure to properly store used or clean towels, or failure to properly launder used towels.

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(22) Failure to properly dispose of supplies or instruments which come in direct contact with a patron and which cannot be disinfected.

(a) For first offense: warning

(b) For second offense: $50

(c) For third offense: $100

(23) Failure to properly disinfect non-electrical instruments and equipment

(a) For first offense: warning

(b) For second offense: $50

(c) For third offense: $100

(24) Failure to adequately store and label creams, powders, and other cosmetic preparations.

(a) For first offense: warning

(b) For second offense: $50

(c) For third offense: $100

E. Schedule of Fines for Unlicensed Operators

(1) Failure to post a salon license, practitioner license or inspection certificate in a publicly visible place within a salon. Posting of photocopies and pocket identification cards will be cited as failure to post.

(a) For first offense: warning

(b) For second offense: $300

(c) For third offense: $500

(2) Failure to apply for a license

(a) For first offense: $100

(b) For second offense: $300

(c) For third offense: $500

(3) Practicing cosmetology, manicuring, or esthetics with an expired license

(a) For first offense: warning

(b) For second offense: $250

(c) For third offense: $500

(4) Practicing cosmetology, manicuring, or esthetics with an expired permit

(a) For first offense: $50

(b) For second offense: $250

(c) For third offense: $500

(5) Operating a salon with an expired license

(a) For first offense: $50

(b) For second offense: $250

(c) For third offense: $500

(6) Purchasing or operating a salon without first filing an application for a salon license.

(a) For first offense: warning

(b) For second offense: $200

(c) For third offense: $300

(7) Performing services which practitioner is not certified to perform

(a) For first offense: $50

(b) For second offense: $100

(c) For third offense: $200

(8) Practicing cosmetology, manicuring or esthetics with a license issued to another person.

(a) For first offense: $200

(b) For second offense: $300

(c) For third offense: $500

(9) Allowing unlicensed practitioners to practice in a licensed salon

(a) For first offense: $100

(b) For second offense: $300

(c) For third offense: $500

(10) Altering a license, certificate, permit or authorization issued by the Board.

(a) For first offense: $200

(b) For second offense: $300

(c) For third offense: $500

(11) Closing a salon without notifying the Board within thirty days

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(12) Closing then reopening a salon without notifying the Board prior to reopening

(a) For first offense: $100

(b) For second offense: $200

(c) For third offense: $300

(13) Moving or changing the location of an existing salon without first submitting the appropriate form and fee to the Board.

(a) For first offense: warning

(b) For second offense: $200

(c) For third offense: $300

F. Schedule of Fines for Schools

(1) Failure to apply for a license at least sixty days before opening a cosmetology school

(a) For first offense: $100

(b) For second offense: $200

(c) For third offense: $500

(2) Failure to provide minimum floor space or equipment and supplies as stated in R. 35-2.

(a) For first offense: $200

(b) For second offense: $350

(c) For third offense: $500

(3) Failure to furnish to the Board required materials and documentation as outlined in R. 35-1(G).

(a) For first offense: $100

(b) For second offense: $300

(c) For third offense: $500

(4) Failure to notify the Board of change of location or ownership or closing of a school

(a) For first offense: $100

(b) For second offense: $200

(c) For third offense: $500

(5) Failure to comply with dispensing room requirements for equipment, supplies, and staffing.

(a) For first offense: warning

(b) For second offense: $250

(c) For third offense: $500

(6) Failure to comply with Board-prescribed curriculum as outlined in R. 35-3.

(a) For first offense: warning

(b) For second offense: $250

(c) For third offense: $500

(7) Failure to employ Instructors licensed by the South Carolina Board of Cosmetology

(a) For first offense: $100

(b) For second offense: $250

(c) For third offense: $500

(8) Failure to maintain proper bond.

(a) For first offense: $200

(b) For second offense: $350

(c) For third offense: $500

(9) Failure to provide instruction at a ratio of one instructor for every 20 students as stated in R. 35-1(G)(5) and R. 35-10(C)(4).

(a) For first offense: warning

(b) For second offense: $250

(c) For third offense: $500

(10) Failure to report a change in instructors or schedules to the Board in writing as required in R. 35-10(C)(5)(c)

(a) For first offense: warning

(b) For second offense:$250

(c) For third offense: $500

G. Schedule of Fines for Instructors in Schools

(1) Submitting false or fraudulent documentation on the application for licensure as Instructor.

(a) For first offense: $300

(b) For second offense: $400

(c) For third offense: $500

(2) Failure to teach under the direct supervision of a licensed instructor when teaching under the provisions of a temporary license.

(a) For first offense: $200

(b) For second offense: $300

(c) For third offense: $500

(3) Teaching with an expired permit

(a) For first offense: $100

(b) For second offense: $200

(c) For third offense: $400

(4) Teaching with an expired license

(a) For first offense: $100

(b) For second offense: $200

(c) For third offense: $400

(5) Failure to maintain professional atmosphere at all times in classrooms

(a) For first offense: warning

(b) For second offense: $200

(c) For third offense: $500

H. Schedule of Fines for Student Enrollment

(1) Enrolling students who do not meet licensure requirements

(a) For first offense: $100

(b) For second offense: $300

(c) For third offense: $500

(2) Submitting false or fraudulent documents when enrolling students.

(a) For first offense: $200

(b) For second offense: $300

(c) For third offense: $500

(3) Failure to submit prescribed enrollment forms and all required supporting documentation to the Board office within twenty-one days of date of enrollment as stated in R. 35-10(A)

(a) For first offense: $100

(b) For second offense: $300

(c) For third offense: $500

(4) Failure to disclose to students total cost of course and supplies, including the cost of the student kit if not otherwise included, type of course taken, total hours of instruction and payment schedule.

(a) For first offense: warning

(b) For second offense: $300

(c) For third offense: $500

(5) Failure to provide a copy of the signed contract to the student

(a) For first offense: $100

(b) For second offense: $300

(c) For third offense: $500

I. Schedule of Fines for Student Records

(1) Failure to record hours of attendance on the correct Board-prescribed forms

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(2) Failure to report hours of attendance on the correct Board-prescribed forms

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

(3) Failure to report withdrawal or graduation of a student within ten days.

(a) For first offense: warning

(b) For second offense: $100

(c) For third offense: $200

J. Schedule of Fines for Training Schedules

(1) Failure to conduct theory classes at least six hours per week

(a) For first offense: warning

(b) For second offense: $200

(c) For third offense: $500

(2) Allowing students to attend more than eight hours per day.

(a) For first offense: warning

(b) For second offense: $200

(c) For third offense: $500

(3) Failure to submit to the Board a course of study for advanced training

(a) For first offense: $100

(b) For second offense: $300

(c) For third offense: $500

(4) Giving a student credit for hours of non-educational instruction.

(a) For first offense: $200

(b) For second offense: $300

(c) For third offense: $500

35-23. Continuing Education Requirements.

A. All persons licensed by the Board as Cosmetologists, Manicurists and Estheticians, and residing in South Carolina, must show satisfactory evidence of six contact hours of instruction (six tenths of Continuing Education Units [CEU]) during the calendar year preceding the annual renewal of license in March.

(1) Hair Fashion Committee Members may receive .6 CEU credit for renewal of their Cosmetologist License by their verified attendance at an Annual Hair Fashion Committee Workshop consisting of at least six contact hours and payment of the .6 CEU fee to U.S.C.

(2) Hair Designer Guild members may receive .6 CEU credit for renewal of their Cosmetologist License by their verified attendance at an Annual Guild Workshop consisting of at least six contact hours and payment of the CEU fee to U.S.C.

(3) Monitors may receive .6 CEU credit for the Continuing Education Programs they monitor provided they remain in class during the entire Program and payment of the CEU fee to U.S.C.

(4) Licensed Cosmetologists may receive .6 CEU credit for attendance at an approved Continuing Education Class held for Manicurists and/or Estheticians.

(5) Those persons not Cosmetologists, holding a Manicurist License must attend an approved Manicure Continuing Education Class for the renewal of his/her Manicure License.

(6) Those persons not Cosmetologists holding a Esthetician License must attend an approved Esthetics Continuing Education Class for the renewal of his/her Esthetician License.

(7) Any licensed Cosmetologist, Manicurist or Esthetician who does not complete Continuing Education from January through December 31, of each year for the renewal of the following year's license will be required to pay a penalty fee set by the Board in addition to the renewal for restoration fees.

B. All persons licensed by the Board as Instructors and residing in this State, must show satisfactory evidence of fifteen contact hours of instruction geared to teaching (one and one half Continuing Education Units [CEU]) during the fiscal year preceding the annual renewal of license in March.

C. For March license renewal, for Cosmetologists, Manicurists and Estheticians residing in this State, licensees shall complete a Board approved Continuing Education program during the interval beginning January 1 through December 31, every year.

D. Instructors shall complete a Board approved Continuing Education program annually between January 1, and December 31 preceding the annual renewal of license in March..

E. Initial License--Any person initially completing the examination for licensure and receiving a first license shall not be required to complete Continuing Education during the first year of licensing. During the second year of licensing and thereafter the Continuing Education requirements shall apply.

(1) All persons licensed by reciprocity will not be required to take Continuing Education upon the initial year of licensure. During the second year of licensing and thereafter, the Continuing Education requirements shall apply.

F. Expired License--Any license expired for up to three years may be reinstated if the applicant pays the restoration fee and submits proof to the Board of completion of continuing education requirements for the year of renewal.

(1) The applicant shall be eligible for a permit to work while waiting to take the continuing education course.

(2) After three years and up to five years expiration of a license, the license is no longer renewable by payment of fees. The applicant shall repeat and pass the practical phase of the examination. The licensee will then be considered on the same basis as a newly licensed individual.

(3) After five years expiration of a license, the entire examination must be repeated (practical and written). The license will then be considered on the same basis as a newly licensed individual.

G. Inactive License--Those persons holding residence outside South Carolina who still wish to retain license from this State may apply to the Board for an inactive license by annual payment of the required fee, but will not be required to provide Continuing Education as long as the license remains inactive.

(1) Reinstate license--Those persons with inactive status who wish to return to active practice may reactivate their license upon application to the Board with payment of the required license fee in force at the time of application and completing the continuing education requirements for that year.

(2) [Deleted]

(a) Any inactive license expired from one to three years may be reinstated if the applicant pays the restoration fee and submits proof to the Board of completion of the required continuing education for the year the license is to be reinstated.

(b) After three years and up to five years of expiration of an inactive license, the license is no longer renewable by payment of fees. The applicant shall repeat and pass the practical phase of the examination. The inactive licensee will then be considered on the basis as a newly licensed individual.

(c) After five years expiration of an inactive license, the entire examination shall be repeated (practical and written). The licensee will then be considered on the same basis as a newly licensed individual.

H. Out of State Active License--Those persons currently licensed by this Board as Cosmetologists, Manicurists, and Estheticians and presently residing out of state may renew their license by doing one of the following:

(1) Attend one of the State approved courses;

(2) Attach verification of six tenths of CEU in Cosmetology obtained in another state.

I. Out of State Active Instructors License--Those persons currently licensed by this Board as Instructors and presently residing out of state may renew their license by doing one of the following:

(1) Attend one of the State approved courses;

(2) Attach verification of one and one half CEU (specifically for Instructors) obtained in another state.

J. Employment on military installation--All persons employed in salons on military installations outside of South Carolina, who desire an Active License shall be exempt from completing any Continuing Education Requirements, so long as he/she is actively employed on said military base and can provide proof of employment.

35-24. Continuing Education Programs.

A. Continuing Education Programs shall be approved by the Board, having met the specified criteria established by the Board:

(1) Each course shall be conducted and monitored by one (1) of the following statewide organizations in conjunction with the Division of Continuing Education, University of South Carolina:

(a) South Carolina Active Cosmetology Teachers in Vocational Education (ACTIVE)

(b) South Carolina Association of Cosmetology Schools, Inc. (SCACS)

(c) National Cosmetologist Association of South Carolina (NCASC)

(d) South Carolina State Cosmetologist Association (SCSCA)

(2) Any other Board approved statewide group or association who can present a satisfactory program to the Board may be eligible to conduct such a program, provided they can demonstrate proper control procedures. For this purpose, a statewide group or association is defined as one which normally does business in or has members who reside in at least three-fifths (3/5ths) of the counties in the State provided that the three (3) most populous counties are included in that makeup.

(3) The Continuing Education Course shall meet the following criteria for approval:

(a) all education must be generic in nature, i.e., not teach a system, a method, or a product; and

(b) all education shall be monitored by the responsible organization including signing in and out of participants to assure the presence of participants for the required contact hours; and

(c) all organizations shall present to the Board prior to October 15, of every year, a course outline which shall include, but may not be limited to, the following:

(i) Date

(ii) Time

(iii) Place

(iv) Instructors Name(s)

(v) Course outline including lesson plans

(vi) List of monitors

(vii) Participants written evaluation

(viii) Fees

B. Verification.

All applicants and providers shall complete a verification form, approved by the Board and the Division of Continuing Education, University of South Carolina, verifying their attendance and must be submitted in a format approved by the Board.

(1) The monitor shall verify the participants attendance and signature on the verification form.

(2) Each sponsoring organization shall mail these forms to the University of South Carolina, along with the required registration fee set by the University of South Carolina.

(3) The forms shall be kept on record with the University of South Carolina as verification that the participant has met the Continuing Education requirements.

(4) All participants shall receive from the University of South Carolina a Continuing Education Unit (CEU) Certificate proving verification.

(5) The verification forms shall be provided to the organizations by the Division of Continuing Education, University of South Carolina.

C. Certificating Agent.

The University of South Carolina, Division of Continuing Education, will serve as the certificating agent providing University of South Carolina Continuing Education Unit (CEU) Certificates for participants when the following conditions are met:

(1) the course submitted by any of the course producing Associations must be fully approved by the Board. Complete copies of the course and instructor information (same information requested by the Board for course approval), as well as a copy of the approval form from the Board must be received by the Division of Continuing Education at least three (3) weeks before the beginning date of the course(s). The information should also include date(s), location(s), and times of the course(s).

(2) The Association which has received course approval from the Board shall express their desire, in writing to the Division of Continuing Education at the University of South Carolina, to serve as the certificating agent for their course(s) at least two (2) weeks before the beginning date(s) of the course(s).

(3) Once the course has been approved by the Board and the Association has officially requested that the Division of Continuing Education serve as the certificating agent, each course attendance forms and general program evaluation forms can be obtained from the Division of Continuing Education at least two (2) weeks prior to the start of the course(s). A complete copy of all verification and evaluation forms must be forwarded to the Division of Continuing Education the certificating process can begin. Certificates will be mailed to participants.

(4) The certificating costs shall include:

(a) a University of South Carolina (CEU) Certificate for participant; and

(b) a complete list of course participants and social security numbers forwarded to the sponsoring Association and the Board; and

(c) Permanent transcripts developed and maintained on each participant. Retrieval of transcripts by participants will be subject to the policies of the University of South Carolina.

(5) Verification forms shall be necessary for all participants in order to complete the certificating process.

D. Program Sites.

Each school and association shall submit to the Board by October 15, every year for the following year's programs, its program site. All programs shall be held in South Carolina.

(1) The Board shall be notified of any changes in sites during the year the programs are ongoing.

E. Attendance in Schools.

Each school shall furnish the Board by October 15, with the number of attendees it can adequately handle in the space reserved for its Continuing Education Programs.

(1) The regular school classes shall not take place during the same time as the Continuing Education Program is taking place.

F. General.

Program Format, Time Frame, Space:

(1) The program shall consist of no less than six (6) clock hours. This does not include breaks and lunch periods.

(2) The program shall be completely generic. No mention, promotion, or selling of products can take place.

(3) All schools and associations shall adhere to the approved program format.

(4) Any change in the approved program format must receive approval by the Board.

(5) If the program for any reason is late starting, the ending time shall be extended accordingly.

(6) There shall be no early dismissals.

(7) Adequate space shall be provided so that each attendee shall be able to see and hear all segments of the program.

(8) Comfortable chairs shall be provided.

(9) Smoking shall be curtailed while the program is ongoing. Smoking shall take place only during breaks and lunch periods and only in designated areas.

G. Instructors and Monitors of Continuing Education--Each school and association by October 15, every year shall submit to the Board its list of instructors and monitors for the following year's program.

(1) Instructors shall be licensed Instructors, Hair Fashion Committee Members, or Hair Designer Guild Members. Any deviation from this list must receive approval by the Board.

(a) Instructors shall not receive CEU credit for any Continuing Education Program they teach.

(2) A monitor shall be on duty at all times while the program is ongoing.

(3) Monitors shall see that all attendees sign a check in and check out sheet for the AM and PM sessions.

(4) It shall be the duty of the monitor to see that order is maintained at all times and that the verification of attendance forms and that the evaluation forms are completed and signed at the end of the program.

H. Verification Forms; Evaluation Forms.

Verification of Attendance Forms and Evaluation Forms shall not be passed out or completed until the program is over.

I. Proof of attendance.

After completion of the program and within fourteen (14) days, the Monitor Sheet, Verification of Attendance Forms, Evaluation Sheets, and fees must be sent to the University of South Carolina.

(1) After the completion of the program and within fourteen (14) days a copy of the Monitor Sheet must be sent to the Board office.

J. Board to Observe Program.

The Board or its designated agents may observe any Continuing Education Program at any time.

K. Violations.

Any provider, having been cited by the Board for three (3) violations of any Continuing Education Rule or Regulation will be subject to be called before the Board.

(1) If the Board finds the violation(s) to be sufficient cause so as to adversely affect the program, the provider, depending on the severity of the charges, may:

(a) receive a verbal reprimand and warning that if the situation continues, the provider will be subject to either (b), (c) or (d); or

(b) be disqualified from conducting any Continuing Education Programs for a period of time determined by the Board; or

(c) be disqualified from conducting any further Continuing Education Programs for the remainder of the year; or

(d) be disqualified from ever conducting any further Continuing Education Programs.

35-25. Fees.

The following fees shall be charged and collected by the Board:

A. --Cosmetologist, Manicurist, or Esthetician

(1) Application/Initial License $ 25.00

(2) Annual Renewal $ 15.00

B. --Instructor

(1) Application/Initial License $ 25.00

(2) Annual Renewal $ 15.00

C. --Reciprocity/Endorsement $ 45.00

D. --Inactive License $ 10.00

E. --Restoration (Any license expired for more than $ 50.00

one (1) year)

F. --Late Renewal Fee $ 50.00

This late renewal fee shall be charged to any Cosmetologist, Manicurist, Esthetician, or Instructor who does not complete their annual Continuing Education within the required time frame from January 1 through December 31 or who does not renew their license prior to the expiration date of March 10. This assessment will be in addition to payment of the renewal fee.

G. Salons/Independent Contractors/Booth Renters

(1) Initial License $ 50.00

(2) Annual Renewal $ 25.00

(3) After June 30 $ 50.00

H. Schools

(1) Initial License $150.00

(2) Annual Renewal $ 50.00

(3) After June 30 $ 75.00

I. Fees required under these provisions when transmitted through the mail shall be deemed filed on the date shown by the Post Office cancellation mark appearing on the envelope containing the fee.

35-26. Minimum Requirements for Crossover Between Licensed Cosmetologists and Master Hair Care Specialists.

A. The Board will issue Crossover Cosmetologist licenses to those licensed as Master Hair Care Specialists by the South Carolina State Board of Barber Examiners, who submit a completed application with the application fee prescribed in R35-25 and proof of a current South Carolina Master Hair Care Specialist license and a score of not less than 70% on the written examination for that license and with the total number of years experience and training prescribed hereunder, and thereafter perform satisfactorily in all portions of the practical examination prescribed by the Board.

B. Experience and training prerequisites to examinations.

(1) Five (5) years of work experience as a Master Hair Care Specialist license.

(2) Four (4) years work experience under such a license and one hundred (100) hours of Cosmetology school training approved by the Board.

(3) Three (3) years work experience under such a license and two hundred (200) hours of Cosmetology school training approved by the Board.

(4) Any licensed Master Hair Care Specialist with less than three (3) years experience must have three hundred fifty (350) hours of Cosmetology school training approved by the Board.

C. Any applicant failing any portion of the examination must complete fifty (50) hours of training in each portion failed and in a Board prescribed curriculum in a Board approved Cosmetology school, prior to reapplying and retaking the portion(s) of the examination failed.