2014 Indiana Code TITLE 25. PROFESSIONS AND OCCUPATIONS ARTICLE 8. BEAUTY CULTURE CHAPTER 4. COSMETOLOGY LICENSES; GENERAL PROVISIONS
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IC 25-8-4
Chapter 4. Cosmetology Licenses; General Provisions
IC 25-8-4-1
Exempt individuals
Sec. 1. The provisions of this article requiring a person to obtain
a license do not apply to a person performing cosmetology as a:
(1) student in a beauty culture school;
(2) commissioned medical or surgical officer of the United
States armed forces;
(3) chiropractor (as defined by IC 25-10-1-1(2));
(4) embalmer (as defined by IC 25-15-2-8);
(5) funeral director (as defined by IC 25-15-2-12);
(6) registered nurse (as defined by IC 25-23-1-1.1(a));
(7) licensed practical nurse (as defined by IC 25-23-1-1.2);
(8) physician (as defined by IC 25-22.5-1-1.1(g));
(9) podiatrist (as defined by IC 25-29-1-13); or
(10) person conducting an educational activity involving beauty
culture at a scheduled meeting of an association that:
(A) recognizes a group of its members as beauty culture
professionals; and
(B) is not open to persons who are not licensed under this
chapter.
As added by P.L.257-1987, SEC.3. Amended by P.L.33-1993,
SEC.17; P.L.236-1995, SEC.6; P.L.84-2010, SEC.37; P.L.170-2013,
SEC.23.
IC 25-8-4-2
License reciprocity
Sec. 2. (a) If the board determines that:
(1) a person possesses a valid license from another jurisdiction
to perform acts that require a license under this article; and
(2) the jurisdiction issuing the license imposes substantially
equal requirements on applicants for the license as are imposed
on applicants for an Indiana license;
the board may issue a license to perform those acts in Indiana to that
person upon payment of the fee required under IC 25-8-13.
(b) This subsection applies only to applications for a
cosmetologist license under IC 25-8-9. If the jurisdiction issuing the
license does not impose substantially equal requirements for
education hours as required under subsection (a)(2), the board may
approve the combination of education hours plus actual licensed
practice in the other jurisdiction when issuing a license to a person
from that jurisdiction. One (1) year of licensed practice is equal to
one hundred (100) hours of education to an applicant who has
completed a minimum of one thousand (1,000) hours of education.
(c) This subsection applies only to applications for a manicurist
license under IC 25-8-11. If the jurisdiction issuing a license does not
impose substantially equal requirements for education hours as
required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction, as follows:
(1) For an applicant with less than twenty (20) years of actual
licensed practice as a manicurist, one (1) year of licensed
practice is equal to one hundred (100) hours of education to an
applicant who has completed at least three hundred (300) hours
of education.
(2) For an applicant with twenty (20) or more years of actual
licensed practice as a manicurist, one (1) year of licensed
practice is equal to one hundred (100) hours of education to an
applicant who has completed at least one hundred (100) hours
of education.
(d) This subsection applies only to applications for an electrologist
license under IC 25-8-10. If the jurisdiction issuing a license does not
impose substantially equal requirements for education hours as
required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice as an electrologist is
equal to one hundred (100) hours of education to an applicant who
has completed at least two hundred (200) hours of education.
(e) This subsection applies only to applications for an esthetician
license under IC 25-8-12.5. If the jurisdiction issuing a license does
not impose substantially equal requirements for education hours as
required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice as an esthetician is
equal to one hundred (100) hours of education to an applicant who
has completed at least four hundred (400) hours of education.
(f) This subsection applies only to applications for a beauty culture
instructor license under IC 25-8-6. If the jurisdiction issuing a license
does not impose substantially equal requirements for education hours
as required under subsection (a)(2), the board may approve the
combination of education hours plus actual licensed practice in the
other jurisdiction when issuing a license to a person from that
jurisdiction. One (1) year of licensed practice as a beauty culture
instructor is equal to one hundred (100) hours of education to an
applicant who has completed at least seven hundred (700) hours of
education.
(g) This subsection applies only to applications for a barber
license under IC 25-8-12.1. If the jurisdiction issuing the license does
not impose substantially equivalent requirements as required under
subsection (a)(2), the board may approve a combination of education
hours plus actual licensed practice in the other jurisdiction when
issuing a license to a person from that jurisdiction. One (1) year of
licensed practice is equal to one hundred (100) hours of education to
an applicant who has completed at least one thousand (1,000) hours
of education.
As added by P.L.257-1987, SEC.3. Amended by P.L.184-1991,
SEC.13; P.L.236-1995, SEC.7; P.L.84-1998, SEC.21; P.L.177-2009,
SEC.25; P.L.84-2010, SEC.38.
IC 25-8-4-2.9
Provisional license; cosmetologist
Sec. 2.9. (a) This section applies only to applications for a
cosmetologist license under this article.
(b) If an applicant comes from a jurisdiction that does not issue a
cosmetologist license, the board may issue an initial provisional
license to an applicant who meets the following requirements:
(1) The board finds that the applicant has sufficient training or
experience as a cosmetologist.
(2) The applicant has not committed an act that would constitute
a violation of the standards of practice under IC 25-1-11.
(3) The applicant pays a fee established by the board under
IC 25-1-8.
(c) An applicant who has been granted an initial provisional
license must work under the supervision of a licensed cosmetologist.
(d) A person who holds an initial provisional license may apply
for renewal of a cosmetologist license under section 19 of this
chapter.
(e) The holder of a provisional license may petition the board for
the issuance of a cosmetologist license to practice without
supervision. The holder of a provisional license who demonstrates to
the board that the holder may satisfactorily practice without
supervision shall be released from the terms of the provisional license
and is entitled to hold a license under IC 25-8-4.
As added by P.L.177-2009, SEC.26.
IC 25-8-4-3
Repealed
(Repealed by P.L.236-1995, SEC.54.)
IC 25-8-4-4
Transfer of license
Sec. 4. A license issued under this article may not be transferred
unless:
(1) the license is a beauty culture salon license; and
(2) the person holding the license was required to change the
location of the beauty culture salon by circumstances that the
board determines were beyond the control of that person.
As added by P.L.257-1987, SEC.3. Amended by P.L.84-2010,
SEC.39; P.L.170-2013, SEC.24; P.L.2-2014, SEC.105.
IC 25-8-4-5
Application
Sec. 5. A person who wishes to obtain a license issued under this
article must complete a license application form prescribed by the
board and file the application with the secretary of the board.
As added by P.L.257-1987, SEC.3.
IC 25-8-4-6
Verified statement negating misconduct
Sec. 6. The applicant must file with the application described in
section 5 of this chapter a verified statement that the applicant has not
engaged in activity which would subject the applicant to disciplinary
procedures under IC 25-1-11.
As added by P.L.257-1987, SEC.3. Amended by P.L.214-1993,
SEC.28.
IC 25-8-4-7
Examinations; time and place
Sec. 7. (a) Each applicant must pass a final practical demonstration
examination of the acts permitted by the license. The applicant's
beauty culture school shall administer the final practical
demonstration examination.
(b) The board shall conduct a written examination of the students
enrolled in beauty culture school or applicants for a beauty culture
professional license. The written examinations described in this
section:
(1) shall be conducted at the times and places determined by the
board;
(2) may be administered through computer based testing;
(3) may be conducted before graduation from beauty culture
school; and
(4) shall be conducted at times set by the board.
As added by P.L.257-1987, SEC.3. Amended by P.L.157-2006,
SEC.38; P.L.84-2010, SEC.40; P.L.170-2013, SEC.25.
IC 25-8-4-8
Subjects tested
Sec. 8. The examinations described in section 7 of this chapter
must include:
(1) a practical demonstration of the acts permitted by the
license; and
(2) a written test concerning the licensed activity, as it is
customarily taught in a beauty culture school.
As added by P.L.257-1987, SEC.3. Amended by P.L.214-1993,
SEC.29; P.L.84-2010, SEC.41; P.L.170-2013, SEC.26.
IC 25-8-4-8.5
Repealed
(Repealed by P.L.157-2006, SEC.76.)
IC 25-8-4-9
Issuance of license
Sec. 9. The board shall issue a license to an applicant who:
(1) receives a minimum grade of seventy-five percent (75%) on
both the written and practical examinations described in section
8 of this chapter; and
(2) complies with the remaining requirements for a license set
forth in this article.
As added by P.L.257-1987, SEC.3. Amended by P.L.214-1993,
SEC.30.
IC 25-8-4-10
Change of licensee's address; notice
Sec. 10. A person who holds a license issued under this article
shall inform the board of a change of address by submitting a written
statement that sets forth the current address of the person to the board
no later than thirty (30) days following the change.
As added by P.L.257-1987, SEC.3.
IC 25-8-4-11
School license sign; standards
Sec. 11. A person who holds a beauty culture school license shall
display a sign that complies with standards prescribed by the board
on the premises of that establishment indicating that the
establishment is a beauty culture school licensed under this article.
As added by P.L.257-1987, SEC.3. Amended by P.L.184-1991,
SEC.16; P.L.84-2010, SEC.42; P.L.170-2013, SEC.27.
IC 25-8-4-12
Visibility of sign
Sec. 12. The sign described in section 11 of this chapter must be
visible to a customer entering the main entrance of the establishment.
As added by P.L.257-1987, SEC.3.
IC 25-8-4-13
Individual license display
Sec. 13. A person who holds any license issued under this chapter
except the licenses described in section 11 of this chapter shall
display the license in a conspicuous place in that person's work area
in the beauty culture salon, or beauty culture school where the person
is employed. The license must be clearly visible to a customer of that
person who is present in the licensed person's work area.
As added by P.L.257-1987, SEC.3. Amended by P.L.84-2010,
SEC.43; P.L.170-2013, SEC.28.
IC 25-8-4-14
Duplicate license; issuance procedure
Sec. 14. The board may issue a duplicate license to a person
licensed under this article if the person:
(1) files a verified statement with the board that the original
license has been lost or destroyed; and
(2) pays the fee required under IC 25-1-8-2.
As added by P.L.257-1987, SEC.3. Amended by P.L.235-1995,
SEC.4.
IC 25-8-4-15
Duplicate license registration number
Sec. 15. A duplicate license has the same registration number as
the original license issued to that person.
As added by P.L.257-1987, SEC.3.
IC 25-8-4-16
Repealed
(Repealed by P.L.184-1991, SEC.42.)
IC 25-8-4-17
Expiration of license
Sec. 17. (a) Except for an instructor license issued under
subsection (c) or IC 25-8-6-1, a license issued under this article
expires on a date specified by the licensing agency under IC 25-1-6-4
and expires four (4) years after the initial expiration date.
(b) A license issued to an instructor under IC 25-8-6-1 expires at
the time that the instructor's practitioner license expires. The board
shall renew an instructor's license under this subsection concurrently
with the instructor's practitioner license.
(c) Initial provisional licenses are valid for a length of time
determined by the board, but not to exceed two (2) years.
As added by P.L.257-1987, SEC.3. Amended by P.L.177-2009,
SEC.27; P.L.84-2010, SEC.44; P.L.170-2013, SEC.29.
IC 25-8-4-18
Repealed
(Repealed by P.L.177-2009, SEC.63.)
IC 25-8-4-19
Renewal before expiration
Sec. 19. The board shall renew a license if the license holder pays
the fee established by the board under IC 25-1-8-2 to renew the
license before the license is to expire.
As added by P.L.257-1987, SEC.3. Amended by P.L.239-1995,
SEC.4; P.L.157-2006, SEC.39; P.L.105-2008, SEC.22.
IC 25-8-4-20
(Repealed by P.L.105-2008, SEC.67.)
IC 25-8-4-21
Reinstatement procedure following expiration
Sec. 21. (a) The board may, upon application, reinstate a license
under this article that has been expired for not more than three (3)
years if the person holding the license meets the requirements of
IC 25-1-8-6(c).
(b) The board may not reinstate a license issued under this article
if the person holding the license does not apply for reinstatement not
more than three (3) years after the expiration date of the license,
unless the person holding the license meets the requirements for
reinstatement under IC 25-1-8-6(d).
As added by P.L.257-1987, SEC.3. Amended by P.L.184-1991,
SEC.17; P.L.239-1995, SEC.5; P.L.194-2005, SEC.33;
P.L.157-2006, SEC.40; P.L.197-2007, SEC.31; P.L.105-2008,
SEC.23; P.L.170-2013, SEC.30.
IC 25-8-4-22
Repealed
(Repealed by P.L.197-2007, SEC.94.)
IC 25-8-4-23
Repealed
(Repealed by P.L.197-2007, SEC.94.)
IC 25-8-4-24
Repealed
(Repealed by P.L.197-2007, SEC.94.)
IC 25-8-4-25
Repealed
(Repealed by P.L.197-2007, SEC.94.)
IC 25-8-4-26
Repealed
(Repealed by P.L.197-2007, SEC.94.)
IC 25-8-4-27
Repealed
(Repealed by P.L.105-2008, SEC.67.)
IC 25-8-4-28
Repealed
(Repealed by P.L.105-2008, SEC.67.)
IC 25-8-4-29
Prohibited acts of licensee no longer complying with requirement
for issuance of license
Sec. 29. A person holding a license under this chapter may not
perform an act authorized by that license if the person knows that the
person no longer complies with the requirements for the issuance of
the license.
As added by P.L.257-1987, SEC.3.
IC 25-8-4-30
Licensed activity separate from residence
Sec. 30. A person may not engage in any activity licensed under
this article in a structure that contains a residence unless the
residence:
(1) is separated from the place where the licensed activity
occurs by a substantial floor to ceiling partition; and
(2) has a separate entry.
As added by P.L.257-1987, SEC.3. Amended by P.L.184-1991,
SEC.20.
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