2024 Pennsylvania Consolidated & Unconsolidated Statutes
Act 100 - COSMETOLOGY LAW - OMNIBUS AMENDMENTS

Session of 2024

No. 2024-100

 

HB 1820

 

AN ACT

 

Amending the act of May 3, 1933 (P.L.242, No.86), entitled "An act to promote the public health and safety by providing for examination, licensing and granting of permits for those who desire to engage in the profession of cosmetology; defining cosmetology, and regulating cosmetology salons, schools, students, apprentices, teachers, managers, manicurists and cosmetologists; conferring powers and duties upon the Commissioner of Professional and Occupational Affairs of the Department of State; providing for appeals to certain courts by applicants and licensees; and providing penalties," further providing for definitions, for practice without license prohibited, for eligibility requirements for examination, for limited licenses, for requirements of a school of cosmetology, for practice in licensed salons only, for booth rental prohibited, for fees, for applicability, for duration and renewal of licenses and for penalties.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  The definitions of "cosmetology," "limited license" and "natural hair braider" in section 1 of the act of May 3, 1933 (P.L.242, No.86), referred to as the Cosmetology Law, are amended to read:

Section 1.  Definitions.--The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

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"Cosmetology" includes any or all work done for compensation by any person, which work is generally and usually performed by cosmetologists, which work is for the embellishment, cleanliness and beautification of the human hair, such as arranging, braiding, dressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, pressing, or similar work thereon and thereabout, and the removal of superfluous hair, and the massaging, cleansing, stimulating, manipulating, exercising, or similar work upon the scalp, face, arms or hands, or the upper part of the body, by the use of mechanical or electrical apparatus or appliances or cosmetics, preparations, tonics, antiseptics, creams or lotions, or by any other means, and of manicuring the nails, which enumerated practices shall be inclusive of the term cosmetology but not in limitation thereof. The term also includes the acts comprising the practice of nail technology[, natural hair braiding] and esthetics.

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"Limited license" means a license issued by the State Board of Cosmetology to an individual which permits that individual to engage in the practice of esthetics[, natural hair braiding] or nail technology.

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["Natural hair braider" means an individual licensed by the State Board of Cosmetology to engage in the practice of natural hair braiding.]

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Section 2.  Sections 2(2), 4(c) and (d), 5(b)(3) and (c), 6(b.1)(2) and (4) and (d), 8(a), 8.1, 16(a), 17, 19(b) and 20(c.2) and (e) of the act are amended to read:

Section 2.  Practice without License Prohibited.--It shall be unlawful for any person to do any of the following without having first obtained from the department a license or limited license as provided in this act:

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(2)  To practice or teach esthetics[, natural hair braiding] or nail technology for compensation or to use or maintain any place for the practice of esthetics[, natural hair braiding] or nail technology for compensation.

Section 4.  Eligibility Requirements for Examination.--* * *

(c)  No person shall be permitted to receive a license to teach cosmetology [or natural hair braiding], nail technology or esthetics unless such person shall have a license to practice cosmetology or a limited license, be at least eighteen years of age, shall have completed a twelfth grade education or the equivalent thereof and have had five hundred hours of specialized training as set forth in section 6 of this act which hours shall be in addition to the hours necessary to qualify for a license to practice cosmetology or a limited license.

(d)  An applicant for a license to teach cosmetology, [natural hair braiding,] nail technology or esthetics shall be permitted to take a written examination upon completion of at least four hundred hours of the specialized training required. The examination shall include both theoretical and procedural skill questions as prescribed by the board. Any applicant may apply and is eligible for licensure upon (1) passing the written examination, (2) completion of the required five hundred hours of instruction, and (3) certification by a duly licensed school of satisfactory completion of all program requirements.

Section 5.  Limited Licenses.--* * *

(b)  The board shall issue the following limited licenses to qualified applicants:

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[(3)  (i)  Natural hair braiding license, which shall authorize the holder to engage in the practice of natural hair braiding only. An applicant for a natural hair braiding license shall have completed three hundred hours of board-approved subjects relating to sanitation, scalp care, anatomy and natural hair braiding in a cosmetology school and passed an examination limited to that practice. Licensed natural hair braiders may operate a salon limited to that license. An applicant may be permitted to take a written examination upon completion of at least two hundred fifty hours of instruction in natural hair braiding in a licensed school of cosmetology. The examination shall include both theoretical and procedural skill questions as prescribed by the board. Any applicant may apply and is eligible for licensure upon (A) passing the written examination, (B) completion of the required three hundred hours of board-approved subjects, and (C) certification by a duly licensed school of satisfactory completion of all program requirements.

(ii)  The requirements of paragraph (3)(i) shall not apply and a license to practice natural hair braiding shall be issued to an applicant who:

(A)  has submitted an application, along with the required fee, within one year of the board's promulgation of final regulations required under this section; and

(B)  can demonstrate proof of practice of natural hair braiding for three consecutive years immediately prior to the date of application for licensure. Proof of practice shall require tax records of employment and an affidavit from the applicant and the applicant's immediate supervisor where applicable. The board shall accept the information provided without penalty to the applicant for failure to comply with licensing provisions prior to the effective date of this subsection.

(c)  Within two years of the initial issuance of a license under subsection (b)(3)(ii), the licensee shall provide the board with proof that the licensee completed one hundred fifty hours of education from a school of cosmetology as a condition of renewal of the license. The courses shall include, at a minimum, scalp care, hygiene and occupational safety.]

Section 6.  Requirements of a School of Cosmetology.--* * *

(b.1)  No school of cosmetology shall be granted a license or renewal of a license unless it shall require:

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(2)  Practical demonstrations and theoretical studies, and study in sanitation, sterilization and the use of antiseptics, cosmetics and electrical appliances consistent with the practical and theoretical requirements as applicable to cosmetology, nail technology, [natural hair braiding or] esthetics or any act or practice comprising cosmetology, nail technology[, natural hair braiding] or esthetics.

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(4)  A separate curriculum of five hundred hours for individuals seeking to become teachers of cosmetology[,] or nail technology [or natural hair braiding]. The curriculum shall include methods of teaching and principles of education. This paragraph shall not apply to teachers in public school programs of cosmetology who meet the standards established by the Department of Education for vocational education teachers in the public schools, and those teachers shall be deemed to have satisfied the educational requirements of this paragraph.

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(d)  A school of cosmetology which offers a curriculum for the practice of [natural hair braiding,] nail technology or esthetics shall require the following with respect to hours of instruction:

[(1)  for natural hair braiding, students shall be required to complete a course of study of three hundred hours;]

(2)  for nail technology, students shall be required to complete a course of study of two hundred hours; and

(3)  for esthetics, students shall be required to complete a course of study of three hundred hours.

Section 8.  Practice in Licensed Salons Only.--(a)  Except as set forth in subsection (b), it shall be unlawful for any person:

(1)  to practice cosmetology for pay in any place other than a licensed cosmetology salon or barber shop as defined in the act of June 19, 1931 (P.L.589, No.202), referred to as the Barbers' License Law; or

(2)  to practice esthetics[,] or nail technology [or natural hair braiding] for pay in any place other than a licensed cosmetology salon or a salon limited to esthetics[,] or nail technology [or natural hair braiding].

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Section 8.1.  Booth Rental Prohibited.--The rental of booth space by an owner of a cosmetology salon, or the owner of a salon limited to esthetics[,] or nail technology [or natural hair braiding,] to any holder of a license issued under this act is unlawful.

Section 16.  Fees.--(a)  The board shall, by regulation, fix the following fees: (1) for the issuance of a license, with or without examination, for cosmetology salon owners, teachers, cosmetologists, nail technicians, nail technology salons, estheticians, esthetician salons, [natural hair braiders, natural hair braiding salons,] students and cosmetology schools;

(1.1)  for registration fee for apprentices; and

(2)  for biennial renewal of cosmetology salon owners, school instructors, cosmetologists, nail technicians, estheticians, [natural hair braiders,] cosmetology schools, nail technology salons[,] and esthetician salons [and natural hair braiding salons].

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Section 17.  To Whom Provisions in this Act Shall Not Apply.--(a)  Nothing in this act shall prohibit service in case of emergency or domestic administration without compensation, nor service by persons authorized under the laws of this State to practice medicine, surgery, dentistry, chiropody, osteopathy, or chiropractice, nor services by barbers lawfully engaged in the performance of the usual and ordinary duties of their vocation. Nothing in this act is intended to be inconsistent with the act[, approved the nineteenth day of June, one thousand nine hundred and thirty-one (Pamphlet Laws, five hundred eighty-nine), entitled "An act to promote the public health and safety, by providing for the examination and licensure of those who desire to engage in the occupation of barbering; regulating barber shops, barber schools and barber colleges, and apprentices and students therein; conferring certain powers and duties on the Department of Public Instruction; and providing penalties."] of June 19, 1931 (P.L.589, No.202), referred to as the Barbers' License Law.

(b)  Nothing in this act shall prohibit or regulate the practice of natural hair braiding by a person who desires to engage in the practice of natural hair braiding or to operate a business dedicated to the practice of natural hair braiding if the person or business does not engage in any other practices or activities that constitute the practice of cosmetology.

Section 19.  Duration and Renewal of Licenses.--* * *

(b)  An individual holding a license to practice cosmetology or an individual holding a limited license who is not engaged in practice shall request the board, in writing, to place his license in escrow and thus protect his right to obtain a license at any such time within a five-year period if he desires to again become engaged in the practice of cosmetology or the practice of nail technology[, natural hair braiding] or esthetics.

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Section 20.  Penalties.--* * *

(c.2)  In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by this act or by a vote of the majority of the qualified and confirmed membership or a minimum of five members, whichever is greater, may levy a civil penalty of up to one thousand dollars ($1,000.00) on any current licensee who violates any provisions of this act or on any person who practices cosmetology, [natural hair braiding,] nail technology or esthetics without being properly licensed to do so under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).

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(e)  The owner of any salon employing an unlicensed cosmetologist or an unlicensed [natural hair braider,] nail technician or esthetician shall, upon conviction, be sentenced to pay a fine not exceeding five hundred dollars ($500.00), or to undergo imprisonment not exceeding six (6) months, or both, at the discretion of the court.

Section 3.  This act shall take effect in 60 days.

 

APPROVED--The 16th day of October, A.D. 2024.

 

JOSH SHAPIRO