Current Status Bill Number:567 Ratification Number:509 Act Number:427 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970325 Primary Sponsor:Wilson All Sponsors:Wilson and Giese Drafted Document Number:psd\7109ac.97 Companion Bill Number:3682 Date Bill Passed both Bodies:19980604 Date of Last Amendment:19980604 Governor's Action:S Date of Governor's Action:19980615 Subject:Cosmetology, cosmetologists; professional board, temporary permits, student recordkeeping to beauty schools
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19980707 Act No. A427
------ 19980615 Signed by Governor
------ 19980610 Ratified R509
Senate 19980604 Ordered enrolled for ratification
Senate 19980604 Conference Committee Report adopted 88 SCC
House 19980604 Conference Committee Report adopted 98 HCC
Senate 19980310 Conference powers granted, 88 SCC Moore
appointed Senators to Committee O'Dell
of Conference Alexander
House 19980224 Conference powers granted, 98 HCC Battle
appointed Reps. to Committee of M. Hines
Conference Jordan
House 19980224 Insists upon amendment
Senate 19980219 Non-concurrence in House amendment
House 19980218 Read third time, returned to Senate
with amendment
House 19980217 Amended, read second time
House 19980210 Debate adjourned until
Tuesday, 19980217
House 19980204 Committee report: Favorable with 27 H3M
amendment
House 19970603 Introduced, read first time, 27 H3M
referred to Committee
Senate 19970603 Read third time, sent to House
Senate 19970527 Read second time, ordered to
third reading with notice of
general amendments
Senate 19970527 Committee amendment adopted
Senate 19970522 Committee report: Favorable with 12 SLCI
amendment
Senate 19970325 Introduced, read first time, 12 SLCI
referred to Committee
View additional legislative information at the LPITS web site.
(A427, R509, S567)
AN ACT TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
Be it enacted by the General Assembly of the State of South Carolina:
Chapter revised
SECTION 1. Chapter 13, Title 40 of the 1976 Code is amended to read:
Section 40-13-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to cosmetologists, manicurists, and estheticians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-13-10. (A) A 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 portion of the term. 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 of the year preceding the year in which appointments expire. 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. One member must be from the public at large and not connected with the practice of cosmetology. One member must be an esthetician and one must be a manicurist.
It is unlawful for a member of the board or an inspector or employee of the board, or a spouse of a board member, inspector, or employee to own an interest in a cosmetology school or substantial interest in a company which deals in wholesale sales or services to beauty salons or schools.
The member of the board who is not connected with the practice of cosmetology has all rights and privileges of other members of the board except the member may not participate in the examination of an applicant for a license.
(B) There is created an Advisory Committee to the State Board of Cosmetology composed of six members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Terms commence on April first. Vacancies on the committee must be filled in the manner of original appointment for the unexpired term.
The following associations or groups shall recommend one person to the Governor for appointment to the committee: the National Cosmetology Association of South Carolina, 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. Recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. 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 the person shall submit additional names to the Governor for consideration.
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 must be kept by the board as part of its public record.
Section 40-13-20. As used in this chapter:
(1) 'Beauty salon' or 'salon' means a building or any place, or part of a place or building including, but not limited to, a rental booth, in which cosmetology is performed on the general public for compensation.
(2) 'Cosmetology' means engaging in any of these practices or a combination of these 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, wig, or hairpiece of any person, by any means, with hands or mechanical or electrical apparatus or appliances;
(b) using cosmetic preparations, make-up, antiseptics, lotions, creams, chemical preparations on, or otherwise, or waxing, tweezing, cleansing, stimulating, manipulating, beautifying, or similar work the scalp, face, neck, arms, hands; or
(c) manicuring or pedicuring the nails of a person or similar work.
(3) 'Cosmetologist' means a person including, but not limited to, an independent contractor, not a student, who is licensed to practice cosmetology.
(4) 'Cosmetology school', 'beauty school', or 'school' means a place or part of a place in which cosmetology or any of its practices are taught.
(5) 'Esthetician' means a person including, but not limited to, an independent contractor, who is licensed to practice skin care, make-up, or similar work. Skin care is limited to moisturizing, cleansing, or facial or neck massage for the sole purpose of beautifying the skin.
(6) 'Independent contractor' means a licensed practitioner who rents or leases a place or part of a place in a beauty salon.
(7) 'Instructor' means a person who is licensed to teach cosmetology or any practices of cosmetology in accordance with this chapter.
(8) 'Manicurist' means a person including, but not limited to, an independent contractor, who is licensed to practice manicuring or pedicuring the nails or similar work.
(9) 'Student' means a person who is engaged in learning or acquiring the practices of cosmetology and, while 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.
Section 40-13-30. It is unlawful to operate a cosmetology school without a license or to violate any of the provisions of this chapter relating to schools; however, a school may be operated in and as part of an accredited high school, trade school, or industrial school, and a school so operated is exempt from the requirements of this chapter pertaining to school licensing, execution of a bond, and entering into contracts with its students.
Section 40-13-50. The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 41-1-50.
Section 40-13-60. The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Regulations relating to the sanitary management of salons and schools must not be promulgated until approved by the Department of Health and Environmental Control.
Section 40-13-70. The board shall adopt and use a common seal for the authentication of its orders and records. In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.
Section 40-13-80. The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
Section 40-13-90. The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
Section 40-13-100. In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-13-110. (A) In addition to the grounds for disciplinary action provided for in Section 40-1-110, the board may revoke, suspend, or restrict a license upon a satisfactory showing to the board that the holder of the license has:
(1) violated or failed to comply with any provision of this chapter, a regulation promulgated under this chapter, or an order of the board;
(2) permitted a person in one's employ or under one's supervision or control to practice as a cosmetologist, esthetician, or manicurist without that person being licensed as a cosmetologist, esthetician, or manicurist;
(3) obtained or attempted to obtain a license for money other than the required fee or any other thing of value or by fraudulent misrepresentation;
(4) practiced or attempted to practice cosmetology by fraudulent misrepresentation;
(5) wilfully failed to display a salon license as required by Section 40-13-300, a school license as required by Section 40-13-320, or a license as required by Section 40-13-280 or the sanitary regulations as required by Section 40-13-350;
(6) practiced or attempted to practice cosmetology in any place other than a licensed salon, except in case of an emergency including, but not limited to, illness, invalidism, or death when a licensed operator may perform services for a person in another place by appointment only;
(7) wilfully and continuously violated 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;
(8) used a substance or device which is not labeled for cosmetic use.
(B) The holder of a license issued by the board found to have engaged in misconduct pursuant to subsection (A) is in violation of this chapter, regulations promulgated pursuant to this chapter, or an order of the board and is subject to a civil penalty in lieu of suspension or revocation of the license. The penalty may not exceed five hundred dollars.
Section 40-13-115. The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
Section 40-13-120. In addition to the sanctions authorized for misconduct pursuant to Section 40-13-110, the board may take disciplinary action against a person as provided for in Section 40-1-120.
Section 40-13-130. As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-13-140. A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
Section 40-13-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-13-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-13-170. A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-13-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-13-190. Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
Section 40-13-200. (A) A person who practices or offers to practice cosmetology in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned not more than thirty days, or both, for a first offense and for a second or subsequent offense may be fined not more than five hundred dollars or imprisoned not more than six months, or both.
(B) The board permanently shall revoke the license of a person convicted of or who pleads guilty or nolo contendere to a violation under subsection (A).
Section 40-13-210. The department, on behalf of the board and in accordance with Section 40-1-210, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
Section 40-13-230. (A) A license as a cosmetologist must be issued by the board to a person who:
(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 tests approved by the board;
(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 pursuant to Chapter 7 who has satisfied educational requirements established by the board in regulation; and
(3) has passed the examination prescribed by the board and pays the required fee.
(B) A license as an esthetician must be issued by the board to a person who:
(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 tests approved by the board;
(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; and
(3) has passed the examination prescribed by the board and pays the required fee.
(C) A license as a manicurist must be issued by the board to a person who:
(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 tests approved by the board;
(2) 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; and
(3) has passed the examination prescribed by the board and pays the required fee.
(D) Temporary permits to practice as a cosmetologist, esthetician, or manicurist may be issued in accordance with regulations promulgated by the board.
Section 40-13-240. (A) Each applicant for an examination shall make application on board-approved forms. The application must be accompanied by the required examination fee.
(B) The board shall conduct examinations of applicants for licenses to practice as cosmetologists, estheticians, or manicurists not less than three times each year, at times and places as the board may determine. The examination of applicants for any license under this chapter must be conducted pursuant to regulations promulgated by the board and shall include both practical demonstrations and written tests on subjects the board determines to be necessary. Examinations must be consistent with the prescribed curriculum and the practical and theoretical requirements of the profession of cosmetology as prescribed in this chapter.
Section 40-13-250. (A) The holder of an individual license issued by the board annually, on such date as may be designated by the board, shall 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.
(B) A license to practice or teach cosmetology which has not been renewed before the date designated by the board expires on that date. The holder of an expired license may have the license restored within three years of the date of the expiration upon payment of the required renewal fee and satisfactory proof of his or her qualifications to resume practicing. The reinstatement fee must be established by the board in regulation.
(C) If a license has been expired for more than three years, the board shall conduct reexamination of the applicant before issuing a new license. The examination may include practical demonstrations and written tests that the board determines to be necessary.
(D) 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 established by the board in regulation.
(E) Application for renewal of a school license must be accompanied by proof of continued validation of the applicant's surety bond.
Section 40-13-260. Schools and salons shall display appropriate signs over the entrance to their establishments designating the nature of the establishment. No school may operate in conjunction with a salon or any other business or have doors which interconnect with salons or other businesses.
This chapter may not be construed to affect the operation of any beauty salon, licensed on May 11, 1966, located in a private residence insofar as provisions for separate toilet facilities and separate entrances are concerned.
Section 40-13-270. The board may grant to a resident of another state, the District of Columbia, or any other U.S. territory or commonwealth state full reciprocity with respect to practicing cosmetology, esthetics, or manicuring in this State when the person is properly licensed and registered under the laws of the other state, the District of Columbia, or the U.S. territory or commonwealth state and is otherwise qualified.
Section 40-13-280. A holder of a license under this chapter shall display the license in a conspicuous place adjacent to or near the licensees' work chair.
Section 40-13-290. (A) No school may 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, a room used wholly or partly as a salon or school.
(B) The members of the board, or their authorized agents, may enter a salon or school at any reasonable time for purposes of inspection.
Section 40-13-300. A person, firm, corporation, or association may apply to the board for licensing of a salon by submitting an application on a form prescribed by the board and paying the initial license fee. Upon approval of a salon, a salon license must be issued and the license must be displayed in a conspicuous place. The license is valid only for the location named on it and it is not transferable. A salon shall comply with all provisions of this chapter applicable to salons and with regulations promulgated pursuant to this chapter.
Section 40-13-310. A minimum curriculum for schools and minimum qualifications for instructors must be prescribed by the board in regulation. The board shall issue an instructor's license to a person who meets the prescribed qualifications upon payment of the fee for an instructor's examination and the license fee. The instructor's license must be renewed annually upon the payment of a renewal fee by the instructor and upon proof to the board of the instructor having had advanced training approved by the board during the year.
Section 40-13-320. Upon approval of a school by the board, a license must be issued and be displayed in a conspicuous place at the school. The license is valid only for the location named on it, and it is not transferable.
Section 40-13-330. The owner, or an owner's designee, of a school shall enter into a board-approved written contract with each student before permitting the student to attend classes. The original contract must be retained by the school and a copy given to the student. The contract shall contain certification that the student is at least sixteen years of age or will have attained that age before completing the course of instruction and that the student possesses at least a tenth grade education, as certified by the school last attended, or the equivalent as established by tests used in public schools or approved by the board.
Section 40-13-340. (A) A person, firm, corporation, or association may apply to the board for licensing of a school by submitting an application on a form prescribed by the board and paying the initial license fee. An applicant at the time of application shall submit a detailed floor plan and a true copy of the applicant's board-approved form for student contracts and enrollment. An applicant also shall furnish a bond to the board issued by a licensed bonding company doing business in this State. The bond must be in the sum of ten thousand dollars and must 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 in the school. Suit on the bond may be brought by any student injured by the breach of any of the conditions of the contract between the student and the owner or manager of the school.
(B) A licensed school shall comply with the provisions of this chapter applicable to the school and with regulations promulgated pursuant to this chapter.
(C) No license for a school may be issued unless the owner presents evidence satisfactory to the board that the owner has adequate school facilities and equipment and that each instructor holds a valid instructor's license.
Section 40-13-350. A copy of sanitary regulations adopted by the board must be furnished by the board to the owner or manager of each salon or school in the State, and the copy must be posted in a conspicuous place in each salon and school.
Section 40-13-355. No member of the board may conduct or be a provider of continuing education courses.
Section 40-13-360. The following persons and activities are exempt from 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 applies only to the specific days of the special program; and
(3) a demonstration conducted by manufacturers and wholesalers for the purpose of exhibiting the technical application and use of products.
Section 40-13-370. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect with the invalid provision or application, and to this end the provisions of this chapter are severable.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 15th day of June, 1998.