1981-1982 Bill 390: Relating to the regulation of the occupation of cosmetology

South Carolina General Assembly
104th Session, 1981-1982

Bill 390

                    Current Status

Bill Number:               390
Ratification Number:       477
Act Number                 388
Introducing Body:          Senate
Subject:                   Relating to the regulation of the
                           occupation of cosmetology

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A388, R477, S390)

AN ACT TO AMEND CHAPTER 13 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE OCCUPATION OF COSMETOLOGY, SO AS TO REVISE AND FURTHER PROVIDE FOR LICENSING TO PRACTICE AND TEACH, EDUCATION REQUIREMENTS, REGULATE CONDUCT OF LICENSEES, SANITATION OF SALONS AND SCHOOLS, PROCEDURES FOR PROTECTION OF THE PUBLIC, CREATE AN ADVISORY COMMITTEE TO THE STATE BOARD OF COSMETOLOGY, AND PROVIDE PENALTIES FOR VIOLATIONS OF THE CHAPTER.

Be it enacted by the General Assembly of the State of South Carolina:

Cosmetology and cosmetologists, regulation of

Section 1. Chapter 13 of Title 40 of the 1976 Code is amended to read:

"Chapter 13

Cosmetology and Cosmetologists

Section 40-13-10. As used in this chapter:

(1) 'Cosmetology' means engaging in any one or a combination of the following practices, when done for compensation either directly or indirectly: arranging, styling, thermal curling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work, upon the hair of any person, or wig or hairpiece of any person, by any means, with hands or mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, make-up, antiseptics, lotions, creams, chemical preparations, or otherwise, or by waxing, tweezing, cleansing, stimulation, manipulating, beautifying, or similar work, the scalp, face, neck, arms, hands, or by manicuring or pedicuring the nails of any person, or similar work. No person licensed under this chapter shall use any substance or device which is proscribed for cosmetic use by state or federal agencies.

(2) 'Cosmetologist' means any person, not a student, who is licensed to practice cosmetology.

(3) 'Manicurist' means any person who is licensed to practice manicuring or pedicuring the nails or similar work.

(4) 'Esthetician' means any person who is licensed to practice skin care, make-up or similar work. Skin care shall be limited to moisturizing, cleansing, or facial or neck massage for the sole purpose of beautifying the skin.

(5) 'Student' means any person who is engaged in learning or acquiring the practices of cosmetology and, while so learning, performs or assists in any of the practices of cosmetology in a school licensed under this chapter and under the instruction or immediate supervision of an instructor, licensed under this chapter.

(6) 'Instructor' means any person who is licensed to teach cosmetology or any practices thereof in accordance with this chapter.

(7) 'Place of Cosmetology', or 'Beauty Salon', or 'Hairdressing Establishment', hereinafter called 'salon', means any building, or any place or part thereof, in which cosmetology or any of its practices are performed on the general public for compensation.

(8) 'School of Cosmetology' or 'Beauty School', hereinafter called 'school', means any place or part thereof, in which cosmetology or any of its practices are taught.

Section 40-13-15. Schools and salons shall display appropriate signs over the entrance to their establishments designating the nature of such establishments. No school shall operate in conjunction with a salon or any other business or have doors which interconnect with such salons or other businesses.

This chapter shall not be construed to affect the operation of any beauty shop, licensed on May 11, 1966, located in a private residence insofar as provisions for separate toilet facilities and separate entrances are concerned.

Section 40-13-20. No person shall engage in, or attempt to engage in, or be employed to practice as a cosmetologist, manicurist, esthetician, or instructor, or operate a salon or school without having first obtained a license from the State Board of Cosmetology.

Section 40-13-30. There is created the State Board of Cosmetology (the board) composed of five members appointed by the Governor for terms of four years and until their successors are appointed and qualify. Vacancies shall be filled in the manner of original appointment for the unexpired terms. Recommendations for appointment may be made by the board and other interested groups or persons. Such recommendations shall be submitted to the Governor not later than the thirty-first day of December of the year prior to the year in which appointments are made. Four members of the board shall be experienced cosmetologists and shall have been in the practice of cosmetology in this State for at least five years prior to appointment. The fifth member shall not be connected with the practice of cosmetology.

No appointed member of the board shall be allowed to serve more than two consecutive terms on the board. Members of the present board may be eligible for reappointment for one more term, provided they have not served two consecutive terms. It shall be unlawful for any member of the board appointed or reappointed after July 1, 1981, or any inspector or employee of the board, or spouse, to own any interest in a cosmetology school or substantial interest in any company which deals in wholesale sales or services to beauty salons.

The member of the board who is not connected with the practice of cosmetology shall have all rights and privileges of other members of the board except that he shall not participate in the examination of any applicant for a license.

Section 40-13-35. There is created an Advisory Committee (committee) to the State Board of Cosmetology (board) composed of six members appointed by the Governor for terms of four years and until their successors are appointed and qualify. Vacancies on the committee shall be filled in the manner of original appointment for the unexpired term. No member shall be allowed to succeed himself.

The following associations or groups shall recommend one person to the Governor for appointment to the committee: the South Carolina Registered Cosmetologist Association, the South Carolina State Cosmetologist Association, the South Carolina Vocational Directors Association, the South Carolina Association of Cosmetology Schools, the South Carolina Beauty Supply Dealers, and the teachers of cosmetology in vocational or private schools.

Such recommendations shall be submitted to the Governor not later than the thirty-first day of December of the year prior to the year in which appointments are made. The Governor may reject any person recommended for appointment upon a satisfactory showing that the person is unfit to serve. If a person is rejected, the group or association which recommended him shall submit additional names to the Governor for consideration.

The terms of the members of the committee shall commence on the first day of April, beginning with April 1, 1983, for initial terms; provided, that the initial terms of the members recommended by the South Carolina Registered Cosmetologist Association, the South Carolina State Cosmetologist Association, and the South Carolina Vocational Directors Association shall be for two years; provided, further, that these three members shall be allowed to succeed to a full four-year term of service on the committee if recommended and appointed pursuant to the provisions of this section.

Committee members shall serve without compensation. The board shall meet with the committee quarterly to discuss problems, make recommendations, and hear reports of board policy affecting the industry. Special meetings may be called by the board upon sufficient notice. Accurate minutes of all meetings shall be kept by the board as part of its public record.

Section 40-13-40. Members of the board shall receive no salary but shall be allowed the usual mileage, subsistence and per diem authorized by law for state boards, committees, and commissions not to exceed fifteen days in any one month.

Section 40-13-50. (1) The board shall adopt and use a common seal for the authentication of its orders and records.

(2) The books and records of the board shall constitute public records, and shall be open for public inspection at all reasonable times.

Section 40-13-60. The board shall elect its own officers and a full-time secretary. The compensation and expenses of the members of the board, the salaries of the secretary and the clerical employees, and all other expenses of the board shall be paid from appropriations of the General Assembly based on fees collected under the provisions of this chapter and deposited in accordance with Section 40-13-70. The secretary shall keep all records of the board, issue necessary notices to the licensees and perform such other duties, clerical and otherwise, as may be requested by the board. The secretary shall furnish bond to the board with a duly licensed bonding company doing business in this State in the penal sum of ten thousand dollars conditioned on the faithful performance of the duties of his office.

Section 40-13-70. All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other board source or activity shall be remitted to the State Treasurer as collected, and shall be deposited in the general fund of the State.

Section 40-13-80. The board shall:

(1) Establish suitable procedures for carrying out its duties pursuant to the provisions of this chapter.

(2) Adopt and revise regulations consistent with this chapter, as may be necessary to carry out the provisions of the chapter.

(3) Initiate prosecution of persons violating the provisions of this chapter.

(4) Employ such persons as may be necessary to carry out the work of the board.

(5) Establish and collect license and other fees and assessments provided for in this chapter in amounts sufficient to fund the annual appropriations to the board.

(6) Monitor the professional and ethical competence of licensees.

(7) Order the revocation, suspension, or otherwise restrict the license of licensees or take other disciplinary action against them when appropriate. Such actions shall be taken pursuant to the relevant provisions of the Administrative Procedures Act.

Section 40-13-90. (1) A license as a cosmetologist shall be issued by the board to any person who:

(a) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or equivalent as established by psychological examinations determined by a certified psychologist or successfully passes a standardized test given by a vocational rehabilitation counselor;

(b) has completed at least one thousand five hundred hours in classes in cosmetology in a reliable school approved by the board;

(2) A license as an esthetician shall be issued by the board to any person who:

(b) has completed at least four hundred fifty hours in classes in skin care in a reliable school approved by the board or comparable training approved by the board;

(3) A license as a manicurist shall be issued by the board to any person who:

(b) has completed at least three hundred hours in classes in manicuring in a reliable school approved by the board or comparable training approved by the board;

Section 40-13-100. (1) Each applicant for an examination shall make application to the board on forms prepared and furnished by the secretary. Such application shall include the applicant's oath as to the truth of the contents of the application. The application shall be accompanied by the required examination fee.

(2) Upon approval of an application for examination for a cosmetologist, esthetician or manicurist license or the opening of a salon, the board may issue a temporary work permit valid for a period not to exceed sixty days which, in the case of a cosmetologist, esthetician or manicurist applicant, will allow them to practice until receipt of license and, in the case of a salon, allow them to operate such salon until an inspection is made by the board or its agent to determine whether the salon has satisfactory facilities, equipment, and sanitary and safety conditions on the premises for which the license is applied for.

Section 40-13-110. The board shall conduct examinations of applicants for licenses to practice as cosmetologists, estheticians or manicurists not less than three times each year, at such times and places as the board may determine. The examination of applicants for any license under this chapter shall be conducted under rules prescribed by the board and shall include both practical demonstrations and written tests on subjects the board determines to be necessary. Such examinations shall be consistent with the prescribed curriculum and the practical and theoretical requirements of the profession of cosmetology as prescribed in this chapter.

Section 40-13-120. The board may grant to residents of other states or the District of Columbia full reciprocity with respect to practicing cosmetology, esthetics or manicuring in this State when such persons are properly licensed and registered under the laws of any other state or the District of Columbia and are otherwise qualified.

Section 40-13-130. Application, registration, and license fees collected by the board are not refundable.

Section 40-13-140. Every holder of a license under this chapter shall display it in a conspicuous place adjacent to or near his work chair.

Section 40-13-150. (1) No school shall be affiliated with or located at the same address as a salon operated for profit. All salons and schools shall have running hot and cold water and drainage in rooms used for salons or schools. The owner or manager of any salon or school shall not permit a person to sleep in, or use for residential purposes, any room used wholly or partly as a salon or school.

(2) The members of the board, or their authorized agents, may enter any salon or school at any reasonable time for purposes of inspection.

Section 40-13-160. The board is authorized to promulgate regulations to implement the provisions of this chapter. Regulations relating to the sanitary management of salons and schools shall not be promulgated by the board until approved by the Department of Health and Environmental Control.

Section 40-13-170. (1) Any person, firm, corporation or association may apply to the board for licensing of a salon by filing an application form prescribed by the board and paying the original fee.

(2) Upon approval of a salon, a salon license shall be issued and it shall be displayed in a conspicuous place. The license shall be valid only for the location named on it and it shall not be transferable.

(3) Any salon shall fully comply with all provisions of this chapter applicable thereto and with all rules and regulations promulgated by the board.

Section 40-13-180. A minimum curriculum for schools and minimum qualifications for teachers therein shall be prescribed by the board. The board shall issue a teacher's license to anyone who meets the prescribed qualifications upon payment of the fee for teacher's examination and the license fee. The teacher's license shall be renewed annually upon the payment of a renewal fee by the teacher and upon proof to the board of the teacher having had advanced training approved by the board during the year.

Section 40-13-190. Upon approval of a school by the board, a license shall be issued and be displayed in a conspicuous place at the school. The license shall be valid only for the location named on it, and it shall not be transferable.

Section 40-13-200. The owner or manager of a school shall enter into a written contract with each student before permitting him to attend classes. The contract shall be executed in triplicate. The original shall be retained by the school, the first copy given to the student, and the second copy filed with the board. The contract shall contain certification that the student is at least sixteen years of age or will have attained such age prior to the completion of the course of instruction and possesses at least a 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.

Section 40-13-210. (1) Any person, firm, corporation or association may apply to the board for licensing of a school by filing a form prescribed by the board and paying the original license fee. Applicants shall at the time of application submit a detailed floor plan and a true copy of their form for students' contracts. They shall also furnish a bond to the board issued by a licensed bonding company doing business in this State. Such bond shall be in the penal sum of five thousand dollars and shall be conditioned upon the faithful performance of the terms and conditions of all contracts entered into between the owner or manager of the school and all persons enrolling therein. Suit on the bond may be brought by any student injured by the breach of any of the conditions of the contract between him and the owner or manager of the school.

(2) All licensed schools shall fully comply with the provisions of this chapter applicable thereto, and with the rules and regulations promulgated by the board.

(3) No license for a school shall be issued unless the owner presents evidence satisfactory to the board that he has adequate school facilities and equipment and that each instructor holds a valid instructor's license.

Section 40-13-220. It shall be unlawful to operate any school without a license or to violate any of the provisions of this chapter relating to schools; provided, however, a school may be operated in and as part of an accredited high school, trade school or industrial school, and any school so operated shall be exempt from the requirements of this chapter as to school licensing, execution of a bond and entering into contracts with its students.

Section 40-13-230. A copy of sanitary rules and regulations adopted by the board shall be furnished by the board to the owner or manager of each salon or school in the State, and such copy shall be posted in a conspicuous place in each salon and school.

Section 40-13-240. (1) The holder of any individual license issued by the board shall annually on such date as may be designated by the board, renew his or her license and pay the renewal fee and furnish proof to the board that he or she has completed continuing education approved by the board.

(2) A license to practice or teach cosmetology or any of its practices which has not been renewed prior to the date designated by the board, shall expire on that date. The holder of the expired license may have the license restored within three years of the date of the expiration, upon the payment of the required renewal fee and satisfactory proof of his or her qualifications to assume the practices. The restoration fee shall be determined by the board.

(3) If a license has been expired for more than three years, the board shall conduct reexamination of the applicant. The examination may include such practical demonstrations and written tests as the board determines to be necessary. The reexamination fee shall be determined by the board.

(4) The holder of a license for a salon or a school shall renew the license annually on a date set by the board by the payment of a renewal fee set by the board.

(5) Application for renewal of a school license shall be accompanied by proof of continued validation of the applicant's surety bond.

Section 4-13-250. Misconduct which constitutes grounds for a revocation, suspension or other restriction of a license or other discipline of a licensee shall be based upon a satisfactory showing to the board of any of the following:

(1) That any false, fraudulent or forged, statement has been used, or any fraudulent, deceitful, licentious or dishonest act has been practiced by the holder of a license in connection with any of the licensing requirements;

(2) That the holder of a license is addicted to alcohol or drugs to such an extent as to render him unfit to engage in the practices set forth in this chapter;

(3) That the holder of a license has been convicted of illegal or unauthorized practice in violation of the provisions of his or her license;

(4) That the holder of a license has knowingly performed any act which in any way assists an unlicensed person to practice cosmetology;

(5) That the holder of a license has sustained any physical or mental disability which renders further practice by him or her dangerous to the public;

(6) That the holder of a license has violated the rules and regulations promulgated by the board or any section of this chapter;

(7) That the holder of a license is guilty of engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public;

(8) That the holder of a license is guilty of the use of any false or fraudulent statement in any document connected with the practice of cosmetology;

(9) That the holder of a license is guilty of the commission of any other act, during the course of practice which constitutes fraud, dishonest dealing, illegality, incompetence or gross negligence.

Section 40-13-260. (a) For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it, may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, the court of common pleas, upon application by the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.

(b) Whenever the board has sufficient evidence that any person is violating any provision of this chapter, it may, in addition to all other remedies, order such person to immediately desist and refrain from such conduct. The board may apply to the court of common pleas for an injunction restraining the person from such conduct. The court may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the board by the court as a condition to the issuance of any injunction or order contemplated by the provisions of this chapter.

(c) Every communication, whether oral or written made by or on behalf of any person or firm to the.board or any person designated by it to investigate or otherwise hear matters relating to the revocation, suspension or other restriction on a license or other discipline of a licensee, whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any such person or firm by or on whose behalf such communication shall have been made by reason thereof, except upon proof that such communication was made with malice.

(d) No provision of this chapter shall be construed to prohibit the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as part of due process under the law.

Section 40-13-270. The following persons and activities are exempt from the provisions of this chapter while engaged in the proper discharge of their professional duties:

(1) Manufacturers' representatives or sales persons in retail outlets who demonstrate products or techniques for promotional purposes;

(2) Educational activities conducted in connection with any monthly, annual or other special program from which the general public is excluded. This exemption shall apply only to the specific days of the special program.

(3) Any demonstrations conducted by manufacturers and wholesalers for the purpose of exhibiting the technical application and use of products.

Section 40-13-280. Each of the following constitutes a misdemeanor, punishable upon conviction by a fine of not more than two hundred dollars or imprisonment for not more than thirty days for a first offense and for a second or subsequent offense by a fine of not more than five hundred dollars or imprisonment for not more than six months:

(1) The violation of, or the failure to comply with, any of the provisions of Sections 40-13-150, 4-13-200, 40-13-220, or 40-13-230 of this chapter;

(2) Permitting any person in one's employ or under one's supervision or control to practice as a cosmetologist, esthetician or manicurist unless that person has a license as a cosmetologist, esthetician or manicurist;

(3) Obtaining or attempting to obtain a license for money other than the required fee, or any other thing of value, or by fraudulent misrepresentation;

(4) Practicing or attempting to practice cosmetology by fraudulent misrepresentation;

(5) The wilful failure to display a salon license as required by Section 40-13-170, a school license as required by Section 40-13-190, or a license as required by Section 40-13-140;

(6) Practicing or attempting to practice cosmetology in any place other than a licensed salon, except in case of an emergency such as illness, invalidism or death, when a licensed operator may perform services for a person in another place by appointment only;

(7) The wilful and continued violation of the reasonable regulations adopted by the board, and approved by the Department of Health and Environmental Control, for the sanitary management and operation of salons and schools. In addition, the license of any person violating the provisions of this item shall be permanently revoked."

Time effective

Section 2. This act shall take effect upon the approval by the Governor.