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Bill 493

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 11, 1999

S. 493

S. Printed 3/11/99--S.

Read the first time February 16, 1999.

To whom was referred a Bill (S. 493), to amend Sections 40-13-5, 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, and 40-13-250, as amended, and Section 40-13-310, Code of Laws of South Carolina, 1976, all relating to the licensure and regulation of cosmetologists, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by adding:

/Section __. Section 40-13-10(A) of the 1976 Code, as amended by Act 427 of 1998, is amended to read:

"(A) A State Board of Cosmetology is created composed of seven 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. 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 a 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."/

Renumber sections to conform.

Amend title to conform.

J. VERNE SMITH, for Committee.

TO AMEND SECTIONS 40-13-5, 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.

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

SECTION 1. Section 40-13-5 of the 1976 Code, as added by Act 427 of 1998, is amended to read:

"Section 40-13-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to cosmetologists, manicurists nail technicians, 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 2. Section 40-13-10 of the 1976 Code, as last amended by Act 427 of 1998, is further amended to read:

"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 nail technician.

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 who recommended the person shall submit additional names to the Governor for consideration.

Committee members shall serve without compensation receive the same mileage, subsistence and per diem as provided by law for members of state boards, committees and commissions. 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 3. Section 40-13-20(2) of the 1976 Code, as added by Act 427 of 1998, is further amended to read:

"Section 40-13-20. (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 on the scalp, legs, feet, face, neck, arms, hands; or

(c) manicuring or pedicuring the nails of a person or similar work."

SECTION 4. Section 40-13-20(5) of the 1976 Code, as added by Act 427 of 1998, is further amended to read:

"(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."

SECTION 5. Section 40-13-20(8) of the 1976 Code, as added by Act 427 of 1998, is further amended to read:

"(8) `Manicurist Nail technician' means a person including, but not limited to, an independent contractor, who is licensed to practice manicuring or pedicuring the nails or similar work."

SECTION 6. Section 40-13-20 of the 1976 Code, as last amended by Act 427 of 1998, is further amended by adding:

"(10) `Approved school' means a cosmetology, esthetician, or nail technician school licensed by the Board of Cosmetology or the board's equivalent in the jurisdiction in which it is physically located. In states where licensure of a school is not required, a license may be issued, upon application and approval by the board."

SECTION 7. Section 40-13-30 of the 1976 Code, as last amended by Act 427 of 1998, is further amended to read:

"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 must be licensed by the board; however, it is exempt from the requirements of this chapter pertaining to school licensing, execution of executing a bond, and entering into contracts with its students."

SECTION 8. Section 40-13-110(A)(2) of the 1976 Code, as last amended by Act 427 of 1998, is further amended to read:

"(2) permitted a person in one's employ or under one's supervision or control to practice as a cosmetologist, esthetician, or manicurist nail technician without that person being licensed as a cosmetologist, esthetician, or manicurist nail technician;"

SECTION 9. Section 40-13-110 of the 1976 Code, as last amended by Act 427 of 1998, is further amended by adding:

"(C) A school owner who fails to notify the board of his school's closing or fails to provide student records as specified in applicable regulations 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.

(D) The board shall permanently revoke the license of a person convicted, or a person who pleads guilty or nolo contendere, to a violation under subsection (C) above."

SECTION 10. Section 40-13-230 of the 1976 Code, as last amended by Act 427 of 1998, is further amended to read:

"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 six hundred 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 nail technician 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 four hundred fifty hours in classes in manicuring in a reliable nail technician 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 nail technician may be issued in accordance with regulations promulgated by the board."

SECTION 11. Section 40-13-240(B) of the 1976 Code, as last amended by Act 427 of 1998, is further amended to read:

"Section 40-13-240. (B) The board shall conduct examinations of applicants for licenses to practice as cosmetologists, estheticians, or manicurists nail technicians 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 12. Section 40-13-250 of the 1976 Code, as last amended by Act 427 of 1998, is further amended to read:

"Section 40-13-250. (A) The holder of an individual license issued by the board annually biennially, 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) A licensee may place a license on inactive status by completing and submitting a board-approved form to the board office. In order to maintain inactive status, a licensee must renew the license biennially by payment of the renewal fee as provided by regulation. The licensee may not receive any license or other authorization to practice during the inactive period. An individual seeking to reactivate a license shall complete an application, submit the required fee and comply with continuing education requirements as provided by regulation.

(D) (E) The holder of a license for a salon or a school shall renew the license annually biennially on a date set by the board by the payment of a renewal fee established by the board in regulation.

(E) (F) Application for renewal of a school license must be accompanied by proof of continued validation of the applicant's surety bond."

SECTION 13. Section 40-13-310 of the 1976 Code, as added by Act 427 of 1998, is amended to read:

"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 biennially 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 14. This act takes effect upon approval by the Governor.

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