Current Status Introducing Body:Senate Bill Number:515 Primary Sponsor:Russell Committee Number:08 Type of Legislation:GB Subject:Cosmetologists, nail technician Residing Body:Senate Current Committee:General Committee Computer Document Number:JIC/5486HC.93 Introduced Date:19930309 Last History Body:Senate Last History Date:19930309 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Russell Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
515 Senate 19930309 Introduced, read first time, 08
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 40-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSMETOLOGY AND COSMETOLOGISTS, SO AS TO REVISE THESE DEFINITIONS INCLUDING CHANGING REFERENCES FROM "MANICURIST" TO "NAIL TECHNICIAN"; TO AMEND SECTION 40-13-20, RELATING TO THE LICENSE REQUIREMENT, SO AS TO CHANGE THE REFERENCE FROM "MANICURIST" TO "NAIL TECHNICIAN"; TO AMEND SECTION 40-13-30, AS AMENDED, RELATING TO THE STATE BOARD OF COSMETOLOGY, SO AS TO CHANGE THE REFERENCE FROM "MANICURIST" TO "NAIL TECHNICIAN"; TO AMEND SECTION 40-13-60, RELATING TO BOARD OFFICERS AND STAFF, SO AS TO CHANGE REFERENCES FROM "SECRETARY" TO "DIRECTOR"; TO AMEND SECTION 40-13-90, AS AMENDED, RELATING TO LICENSURE QUALIFICATIONS, SO AS TO CHANGE REFERENCES FROM "MANICURIST" TO "NAIL TECHNICIAN"; TO AMEND SECTION 40-13-100, RELATING TO EXAMINATION APPLICATIONS, SO AS TO INCREASE THE PERIOD FOR A TEMPORARY WORK PERMIT FROM SIXTY DAYS TO ONE HUNDRED TWENTY DAYS; TO AMEND SECTIONS 40-13-110 AND 40-13-120, RELATING TO EXAMINATIONS AND LICENSURE RECIPROCITY, SO AS TO CHANGE REFERENCES FROM "MANICURIST" TO "NAIL TECHNICIAN"; TO AMEND SECTION 40-13-170, RELATING TO LICENSING SALONS, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 40-13-240, RELATING TO LICENSE RENEWAL, SO AS TO CHANGE AN "INDIVIDUAL LICENSE" TO AN "ACTIVE LICENSE" AND TO REQUIRE RENEWAL OF AN INACTIVE LICENSE; TO AMEND SECTION 40-13-270, RELATING TO EXEMPTIONS FROM THE LICENSE REQUIREMENT, SO AS TO EXEMPT MASSEURS AND MASSEUSES; AND TO AMEND SECTION 40-13-280, RELATING TO UNLAWFUL ACTS, SO AS TO CHANGE REFERENCES FROM "MANICURIST" TO "NAIL TECHNICIAN".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-13-10 of the 1976 Code is amended to read:
"Section 40-13-10. (1) `Cosmetology' means engaging in any one or a combination of the following practices, when done for compensation either directly or indirectly:
(a) arranging, styling, thermal curling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work, upon the hair of any a person, or wig or hairpiece of any a person, by any means, with hands or mechanical or electrical apparatus or appliances, or;
(b) by the use of using cosmetic preparations, make-up, antiseptics, lotions, creams, chemical preparations, or otherwise, or by waxing, tweezing, cleansing, stimulation stimulating, manipulating, beautifying, or similar work, the scalp, face, neck, arms, or hands,;
(c) or, by using nail technology in manicuring or pedicuring the nails of any a person, or similar work. No person licensed under this chapter shall may use any a substance or device which is proscribed for cosmetic use by state or federal agencies.
(2) `Cosmetologist' means any a person, not a student, who is licensed to practice cosmetology.
(3) `Manicurist Nail technician' means any a person who is licensed to practice manicuring or pedicuring the nails or similar work.
(4) `Esthetician' means any a 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 a 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 a person who is licensed to teach cosmetology or any practices thereof of cosmetology in accordance with this chapter.
(7) `Place of Cosmetology', or `Beauty Salon', or `Hairdressing Establishment', hereinafter called `salon', means any a building, or any a place or part thereof of a building, 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 a place or part thereof of a place, in which cosmetology or any of its practices are taught."
SECTION 2. Section 40-13-20 of the 1976 Code is amended to read:
"Section 40-13-20. No person shall may engage in, or attempt to engage in, or be employed to practice as a cosmetologist, manicurist nail technician, esthetician, or instructor, or operate a salon or school without having first obtained a license from the State Board of Cosmetology."
SECTION 3. Section 40-13-30 of the 1976 Code, as last amended by Act 369 of 1992, is further amended to read:
"Section 40-13-30. (A) The State Board of Cosmetology is created composed of seven members appointed by the Governor for terms of four years and until their successors are appointed and qualify. Vacancies are 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. The recommendations must be submitted to the Governor not later than the thirty-first day of December before January first of the year preceding the year in which terms expire and appointments are to be made. Four members of the board must be experienced cosmetologists and must have been in the practice of cosmetology in this State for at least five years before appointment. Two members must not be connected with the practice of cosmetology. One member must be either an esthetician or a manicurist nail technician.
(B) No appointed member of the board may serve more than two consecutive terms on the board. Members of the present board are eligible for reappointment for one more term, if they have not served two consecutive terms.
(C) It is unlawful for a member of the board appointed or reappointed after July 1, 1981, or an inspector or employee of the board, or spouse, to own an interest in a cosmetology school or substantial interest in a company which deals in wholesale sales or services to beauty salons.
(D) The member members of the board who is are not connected with the practice of cosmetology has have all rights and privileges of other members of the board except he they may not participate in the examination of an applicant for a license."
SECTION 4. Section 40-13-60 of the 1976 Code is amended to read:
"Section 40-13-60. The board shall elect its own officers and a full-time secretary director. The compensation and expenses of the members of the board, the salaries of the secretary director and the clerical employees, and all other expenses of the board shall must 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 director 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 director shall furnish bond to the board with a duly licensed bonding company doing business in this State in the penal sum of for ten thousand dollars conditioned on the faithful performance of the duties of his the director's office."
SECTION 5. Section 40-13-90 of the 1976 Code, as last amended by Act 573 of 1990, is further amended to read:
"Section 40-13-90. (1) (A) A license as a cosmetologist shall must be issued by the board to any a person who:
(a) (1) 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) (2) has completed at least one thousand five hundred hours in classes in cosmetology in a reliable school approved by the board, or is a registered master hair care specialist under the provisions of Chapter 7 of this title who has satisfied educational requirements established by the board by regulation;
(c) (3) passes the examination prescribed by the board and pays the required fee.
(2) (B) A license as an esthetician shall must be issued by the board to any a person who:
(a) (1) 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) (2) 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;
(c) (3) passes the examination prescribed by the board and pays the required fee.
(3) (C) A license as a manicurist shall nail technician must be issued by the board to any a person who:
(a) (1) 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) (2) has completed at least three hundred hours in classes in manicuring nail technology in a reliable school approved by the board or comparable training approved by the board;
(c) (3) passes the examination prescribed by the board and pays the required fee."
SECTION 6. Section 40-13-100 of the 1976 Code is amended to read:
"Section 40-13-100. (1) (A) Each applicant for an examination shall make application to the board on forms prepared and furnished by the secretary director. Such The application shall include the applicant's oath as attesting to the truth of the contents of the application. The application shall must be accompanied by the required examination fee.
(2) (B) Upon approval of an application for examination for a cosmetologist, esthetician, or manicurist nail technician license or the opening of a salon, the board may issue a temporary work permit valid for a period not to exceed sixty days up to one hundred twenty days which, in the case of a cosmetologist, esthetician or manicurist nail technician applicant, will allow allows them to practice until receipt of receiving a license and, in the case of a salon, allow allows them to operate such the 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 7. Section 40-13-110 of the 1976 Code is amended to read:
"Section 40-13-110. The board shall conduct examinations of applicants for licenses to practice as cosmetologists, estheticians, or manicurists not less than nails technician at least three times each year, at such times and places as the board may determine. The examination of applicants for any a license under this chapter shall must 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 The examinations shall must be consistent with the prescribed curriculum and the practical and theoretical requirements of the profession of cosmetology as prescribed in this chapter."
SECTION 8. Section 40-13-120 of the 1976 Code is amended to read:
"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 nail technology in this State when such persons are if the person is properly licensed and registered under the laws of any other state or the District of Columbia and are is otherwise qualified."
SECTION 9. Section 40-13-170 of the 1976 Code is amended to read:
"Section 40-13-170. (1) (A) Any A 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 required fee.
(2) (B) Upon approval of a salon, a salon license shall must be issued and it shall must be displayed in a conspicuous place. The license shall be is valid only for the location named on it and it shall is not be transferable.
(3) (C) Any A salon shall fully comply with all provisions of this chapter applicable thereto and with all rules and regulations promulgated by the board."
SECTION 10. Section 40-13-240 of the 1976 Code is amended to read:
"Section 40-13-240. (1) (A) The holder of any individual an active license issued by the board shall annually on such a date as may be designated by the board, shall renew his or her the license and, pay the renewal fee, and furnish proof to the board that he or she the licensee has completed continuing education approved by the board.
(B) The holder of an inactive license issued by the board annually on the date designated by the board shall renew the license and pay the renewal fee set by the board by regulation.
(2) (C) A license to practice or teach cosmetology or any of its practices which has not been renewed prior to before the date designated by the board, shall expire expires 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 restoration fee and satisfactory proof of his or her the licensee's qualifications to assume the practices. The restoration fee shall must be determined by the board.
(3) (D) 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 must be determined by the board.
(4) (E) 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) (F) Application for renewal of a school license shall must be accompanied by proof of continued validation of the applicant's surety bond."
SECTION 11. Section 40-13-270 of the 1976 Code is amended by adding at the end:
"(4) operating as a masseur or masseuse as provided in Chapter 30 of this title."
SECTION 12. Section 40-13-280 of the 1976 Code is amended to read:
"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, 40-13-200, 40-13-220, or 40-13-230 of this chapter;
(2) permitting any a person in one's employ or under one's supervision or control to practice as a cosmetologist, esthetician, or manicurist nail technician, or instructor unless that person has a license as a cosmetologist, esthetician or manicurist, nail technician, or instructor;
(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 a 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; and
(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 a person violating the provisions of this item shall must be permanently revoked."
SECTION 13. This act takes effect upon approval by the Governor.