2014 Indiana Code TITLE 25. PROFESSIONS AND OCCUPATIONS ARTICLE 8. BEAUTY CULTURE CHAPTER 3. STATE BOARD OF COSMETOLOGY EXAMINERS
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IC 25-8-3
Chapter 3. State Board of Cosmetology Examiners
IC 25-8-3-1
Establishment
Sec. 1. The state board of cosmetology and barber examiners is
established.
As added by P.L.257-1987, SEC.2. Amended by P.L.84-2010,
SEC.29.
IC 25-8-3-2
Members; appointment
Sec. 2. The board consists of seven (7) members. The governor
shall appoint all the members of the board.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-3
Repealed
(Repealed by P.L.84-2010, SEC.102.)
IC 25-8-3-4
Repealed
(Repealed by P.L.84-2010, SEC.102.)
IC 25-8-3-5
Board membership qualifications
Sec. 5. (a) Each of the members of the board must reside in
Indiana.
(b) The members of the board must meet the following
qualifications:
(1) Two (2) of the members must:
(A) possess a current cosmetologist license; and
(B) have practiced cosmetology in Indiana continuously for
at least five (5) years immediately before appointment.
(2) Two (2) of the members of the board must:
(A) possess a current barber license; and
(B) have practiced barbering in Indiana continuously for at
least five (5) years immediately before appointment.
(3) One (1) of the members must be an owner or operator of a
beauty culture school. However, the member may not be a
licensed barber or cosmetologist.
(4) One (1) of the members must be licensed as an electrologist,
an esthetician, or a manicurist.
(5) One (1) of the members must not have any association with
cosmetology or barbering, except as a consumer.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,
SEC.6; P.L.84-2010, SEC.30; P.L.170-2013, SEC.16.
IC 25-8-3-6
Board member political affiliation
Sec. 6. No more than five (5) members of the board may belong
to the same political party.
As added by P.L.257-1987, SEC.2. Amended by P.L.84-2010,
SEC.31.
IC 25-8-3-7
Term of office
Sec. 7. Each board member serves a term of three (3) years,
beginning on the date of appointment and continuing until:
(1) the member is removed under section 8 of this chapter; or
(2) a successor is appointed.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-8
Removal; grounds
Sec. 8. The governor may remove a board member for
incompetency or failure to perform the member's duties under this
chapter.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-9
Appointment of successor
Sec. 9. If a member of the board is removed under section 8 of this
chapter, the governor shall appoint a successor to serve for the
remainder of the unexpired term.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-10
Election of officers
Sec. 10. The board shall, at its first meeting of each year, elect a
president, vice president, and secretary from among its membership.
Election of an officer under this section requires a majority vote of all
the members of the board.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-11
Officers; terms of office
Sec. 11. The officers elected under section 10 of this chapter have
terms of one (1) year, beginning upon election and ending upon the
election of a successor.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-12
Officers; vacancy
Sec. 12. If an office described in section 10 of this chapter
becomes vacant, the board may fill the vacancy at its next meeting
following the vacancy.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-13
Quorum
Sec. 13. The board must have a quorum to transact business. Four
(4) members of the board constitute a quorum.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-14
Business office
Sec. 14. The agency shall furnish the board with suitable quarters
to conduct its business.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-15
Seal
Sec. 15. The board shall adopt a seal to authenticate its orders and
records.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-16
Records
Sec. 16. The agency shall maintain a record of:
(1) the proceedings of the board;
(2) each person licensed under this article, stating the:
(A) name of the person; and
(B) address of the person;
(3) licenses issued under this article, stating the:
(A) number assigned to the license by the agency;
(B) date the license was issued; and
(C) actions taken by the board concerning the license,
including any renewal, suspension, and revocation; and
(4) applications for a license under this article that were refused.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,
SEC.7.
IC 25-8-3-17
Per diem and incurred expenses
Sec. 17. Each member of the board is entitled to the minimum
salary per diem provided by IC 4-10-11-2.1(b). Each member of the
board is entitled to reimbursement for traveling expenses and other
expenses actually incurred in connection with the member's duties,
as provided in the state travel policies and procedures established by
the department of administration and approved by the state budget
agency.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-18
Disposition of receipts
Sec. 18. All money received under this article shall be paid to the
agency.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-19
Receipts; deposit
Sec. 19. The agency shall deposit all money received under this
article with the treasurer of state.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,
SEC.8.
IC 25-8-3-20
Repository of receipts
Sec. 20. The treasurer of state shall deposit the money received
under section 19 of this chapter in the state general fund.
As added by P.L.257-1987, SEC.2. Amended by P.L.1-1990,
SEC.250.
IC 25-8-3-21
Administration expenses
Sec. 21. The agency shall pay for the expenses for administering
this article from the state general fund under appropriations
designated for that purpose.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-22
Implementing rules
Sec. 22. The board may adopt rules under IC 4-22-2 to implement
this article.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-23
Rules prescribing sanitary requirements, establishing standards,
implementing licensing system, and establishing requirements for
mobile salons
Sec. 23. (a) The board shall adopt rules under IC 4-22-2 to:
(1) prescribe sanitary requirements for:
(A) beauty culture salons; and
(B) beauty culture schools;
(2) establish standards for the practice of cosmetology and the
operation of:
(A) beauty culture salons; and
(B) beauty culture schools;
(3) implement the licensing system under this article and
provide for a staggered renewal system for licenses; and
(4) establish requirements for beauty culture school uniforms for
students and instructors.
(b) The board may adopt rules under IC 4-22-2 to establish the
following for the practice of cosmetology, barbering, electrology,
esthetics, or manicuring in a mobile salon:
(1) Sanitation standards.
(2) Safety requirements.
(3) Permanent address requirements at which the following are
located:
(A) Records of appointments.
(B) License numbers of employees.
(C) If applicable, the vehicle identification number of the
license holder's self-contained facility.
(4) Enforcement actions to ensure compliance with the
requirements under this article and all local laws and
ordinances.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,
SEC.9; P.L.197-2007, SEC.30; P.L.84-2010, SEC.32; P.L.170-2013,
SEC.17.
IC 25-8-3-24
Enforcement personnel; compensation
Sec. 24. The agency shall provide inspectors, investigators, and
clerks to enforce this article. The agency shall fix their compensation
and reimburse them for their necessary expenses incurred in
enforcing this article by payments from the state general fund under
appropriations designated for that purpose.
As added by P.L.257-1987, SEC.2.
IC 25-8-3-25
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-8-3-26
Sanitary rules given to licensees
Sec. 26. The board shall furnish each person licensed to operate:
(1) a beauty culture salon; or
(2) a beauty culture school;
with a copy of the rules concerning sanitary requirements described
in section 23(a)(1) of this chapter.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,
SEC.10; P.L.84-2010, SEC.33; P.L.170-2013, SEC.18.
IC 25-8-3-27
Posting sanitary requirement rules in salon or school
Sec. 27. A person operating:
(1) a beauty culture salon; or
(2) a beauty culture school;
shall post the rules described in section 26 of this chapter in a
conspicuous place in that salon or school.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,
SEC.11; P.L.84-2010, SEC.34; P.L.170-2013, SEC.19.
IC 25-8-3-28
Inspections
Sec. 28. (a) A member of the board or any inspector or
investigator may inspect:
(1) a beauty culture salon;
(2) a beauty culture school; or
(3) a mobile salon;
during its regular business hours.
(b) A member of the board or any inspector or investigator may
inspect:
(1) a beauty culture salon;
(2) a beauty culture school; or
(3) a mobile salon;
before an initial license is issued.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991,
SEC.12; P.L.157-2006, SEC.37; P.L.177-2009, SEC.24;
P.L.84-2010, SEC.35; P.L.170-2013, SEC.20; P.L.2-2014, SEC.104.
IC 25-8-3-29
Equal treatment for persons with criminal records
Sec. 29. (a) The board may not adopt a rule establishing different
standards for an inmate or former inmate of a penal institution who
applies for:
(1) admission to beauty culture school; or
(2) a license as a beauty culture professional.
(b) A person who graduates from a beauty culture school operated
by a penal institution may not have the person's license denied or
revoked as a result of the acts for which the person was convicted.
As added by P.L.84-2010, SEC.36. Amended by P.L.170-2013,
SEC.21.
IC 25-8-3-30
Civil penalties; investigations; state board of cosmetology and
barber examiners compliance fund
Sec. 30. (a) The board shall implement a program to investigate
and assess a civil penalty of not more than five hundred dollars
($500) against a licensee under this article for the following
violations:
(1) Violation of this article under IC 25-8-14-5.
(2) Failure to display a license required under IC 25-8-4-13.
(3) Failure to continue to meet the licensure requirements under
IC 25-8-4-29.
(4) Engaging in beauty culture outside a beauty culture salon
under IC 25-8-9-14.
(5) Operating a tanning facility without a license under
IC 25-8-15.4-5.
(b) An individual who is investigated by the board and found by
the board to have committed a violation specified in subsection (a)
may appeal the determination made by the board in accordance with
IC 4-21.5.
(c) The state board of cosmetology and barber examiners
compliance fund is established to provide funds for administering and
enforcing the investigation of violations specified in subsection (a).
The fund shall be administered by the Indiana professional licensing
agency.
(d) The expenses of administering the state board of cosmetology
and barber examiners compliance fund shall be paid from the money
in the fund. The fund consists of penalties collected through
investigations and assessments by the board concerning violations
specified in subsection (a).
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(f) Except as otherwise provided in this subsection, money in the
fund at the end of a state fiscal year does not revert to the state
general fund. If the total amount in the fund exceeds seven hundred
fifty thousand dollars ($750,000) at the end of a state fiscal year after
payment of all claims and expenses, the amount that exceeds seven
hundred fifty thousand dollars ($750,000) reverts to the state general
fund.
As added by P.L.170-2013, SEC.22.
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