HOUSE BILL NO. 1630 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HALEY.
5198H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 329.010 and 329.050, RSMo, and to enact in lieu thereof three new sections relating to cosmetology.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 329.010 and 329.050, RSMo, are repealed and three new sections 2 enacted in lieu thereof, to be known as sections 329.010, 329.050, and 329.280, to read as 3 follows: 329.010. As used in this chapter, unless the context clearly indicates otherwise, the 2 following words and terms mean: 3 (1) "Accredited school of cosmetology or school of manicuring", an establishment 4 operated for the purpose of teaching cosmetology as defined in this section and meeting the 5 criteria set forth under 34 C.F.R. Part 600, Sections 600.1 and 600.2; 6 (2) "Apprentice" or "student", a person who is engaged in training within a 7 cosmetology establishment or school, and while so training performs any of the practices of 8 the classified occupations within this chapter under the immediate direction and supervision 9 of a licensed cosmetologist or instructor; 10 (3) "Board", the state board of cosmetology and barber examiners; 11 (4) "Cosmetologist", any person who, for compensation, engages in the practice of 12 cosmetology, as defined in subdivision (5) of this section; 13 (5) "Cosmetology" includes performing or offering to engage in any acts of the 14 classified occupations of cosmetology for compensation, which shall include: 15 (a) "Class CH - hairdresser" includes arranging, dressing, curling, singeing, waving, 16 permanent waving, cleansing, cutting, bleaching, tinting, coloring or similar work upon the
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1630 2
17 hair of any person by any means; or removing superfluous hair from the body of any person 18 by means other than electricity, or any other means of arching or tinting eyebrows or tinting 19 eyelashes. Class CH - hairdresser also includes any person who either with the person's hands 20 or with mechanical or electrical apparatuses or appliances, or by the use of cosmetic 21 preparations, antiseptics, tonics, lotions or creams engages for compensation in any one or 22 any combination of the following: massaging, cleaning, stimulating, manipulating, 23 exercising, beautifying or similar work upon the scalp, face, neck, arms or bust; 24 (b) "Class MO - manicurist" includes cutting, trimming, polishing, coloring, tinting, 25 cleaning or otherwise beautifying a person's fingernails, applying artificial fingernails, 26 massaging, cleaning a person's hands and arms; pedicuring, which includes cutting, trimming, 27 polishing, coloring, tinting, cleaning or otherwise beautifying a person's toenails, applying 28 artificial toenails, massaging and cleaning a person's legs and feet; 29 (c) "Class CA - hairdressing and manicuring" includes all practices of cosmetology, 30 as defined in paragraphs (a) and (b) of this subdivision; 31 (d) "Class E - estheticians" includes the use of mechanical, electrical apparatuses or 32 appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, not 33 to exceed ten percent phenol, engages for compensation, either directly or indirectly, in any 34 one, or any combination, of the following practices: massaging, cleansing, stimulating, 35 manipulating, exercising, beautifying or similar work upon the scalp, face, neck, ears, arms, 36 hands, bust, torso, legs or feet and removing superfluous hair by means other than electric 37 needle or any other means of arching or tinting eyebrows or tinting eyelashes, of any person; 38 (e) "Class EA - esthetics and manicuring" includes all practices of cosmetology 39 as described in paragraphs (b) and (d) of this subdivision; and 40 (f) "Personal service registration", a registration obtained from the board to 41 provide services to placebound clients; 42 (6) "Cosmetology establishment", that part of any building wherein or whereupon any 43 of the classified occupations are practiced including any space rented within a licensed 44 establishment by a person licensed under this chapter, for the purpose of rendering 45 cosmetology services; 46 (7) "Cross-over license", a license that is issued to any person who has met the 47 licensure and examination requirements for both barbering and cosmetology; 48 (8) "Hair braider", any person who, for compensation, engages in the practice of hair 49 braiding; 50 (9) "Hair braiding", in accordance with the requirements of section 329.275, the use 51 of techniques that result in tension on hair strands or roots by twisting, wrapping, waving, 52 extending, locking, or braiding of the hair by hand or mechanical device, but does not include HB 1630 3
53 the application of dyes, reactive chemicals, or other preparations to alter the color of the hair 54 or to straighten, curl, or alter the structure of the hair; 55 (10) "Hairdresser", any person who, for compensation, engages in the practice of 56 cosmetology as defined in paragraph (a) of subdivision (5) of this section; 57 (11) "Instructor", any person who is licensed to teach cosmetology or any practices of 58 cosmetology pursuant to this chapter; 59 (12) "Manicurist", any person who, for compensation, engages in any or all of the 60 practices in paragraph (b) of subdivision (5) of this section; 61 (13) "Parental consent", the written informed consent of a minor's parent or legal 62 guardian that must be obtained prior to providing body waxing on or near the genitalia; 63 (14) "Placebound client", a client who is ill, disabled, or otherwise unable to 64 travel to a cosmetology establishment; 65 (15) "School of cosmetology" or "school of manicuring", an establishment operated 66 for the purpose of teaching cosmetology as defined in subdivision (5) of this section. 329.050. 1. Applicants for examination or licensure pursuant to this chapter shall 2 possess the following qualifications: 3 (1) They shall provide documentation of successful completion of courses approved 4 by the board, have an education equivalent to the successful completion of the tenth grade, 5 and be at least seventeen years of age; 6 (2) If the applicants are apprentices, they shall have served and completed, as an 7 apprentice under the supervision of a licensed cosmetologist, the time and studies required by 8 the board which shall be no less than three thousand hours for cosmetologists, and no less 9 than eight hundred hours for manicurists and no less than fifteen hundred hours for esthetics. 10 When the classified occupation of manicurist is apprenticed in conjunction with the 11 classified occupation of esthetician, the apprentice shall be required to successfully 12 complete an apprenticeship of no less than a total of two thousand three hundred hours. 13 However, when the classified occupation of manicurist is apprenticed in conjunction with the 14 classified occupation of cosmetologist, the apprentice shall be required to successfully 15 complete an apprenticeship of no less than a total of three thousand hours; 16 (3) If the applicants are students, they shall have had the required time in a licensed 17 school of no less than one thousand five hundred hours training or the credit hours determined 18 by the formula in Subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal 19 Regulations, as amended, for the classification of cosmetologist, with the exception of public 20 vocational technical schools in which a student shall complete no less than one thousand two 21 hundred twenty hours training. All students shall complete no less than four hundred hours or 22 the credit hours determined by the formula in Subpart A of Part 668 of Section 668.8 of Title 23 34 of the Code of Federal Regulations, as amended, for the classification of manicurist. All HB 1630 4
24 students shall complete no less than seven hundred fifty hours or the credit hours determined 25 by the formula in Subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal 26 Regulations, as amended, for the classification of esthetician. When the classified 27 occupation of manicurist is taken in conjunction with the classified occupation of 28 esthetician, the student shall be required to complete the hours required for both 29 occupations. However, when the classified occupation of manicurist is taken in conjunction 30 with the classified occupation of cosmetologist, the student shall not be required to serve the 31 extra four hundred hours or the credit hours determined by the formula in Subpart A of Part 32 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended, otherwise 33 required to include manicuring of nails; and 34 (4) They shall have passed an examination to the satisfaction of the board. 35 2. A person may apply to take the examination required by subsection 1 of this 36 section if the person is a graduate of a school of cosmetology or apprentice program in 37 another state or territory of the United States which has substantially the same requirements 38 as an educational establishment licensed pursuant to this chapter. A person may apply to take 39 the examination required by subsection 1 of this section if the person is a graduate of an 40 educational establishment in a foreign country that provides training for a classified 41 occupation of cosmetology, as defined by section 329.010, and has educational requirements 42 that are substantially the same requirements as an educational establishment licensed under 43 this chapter. The board has sole discretion to determine the substantial equivalency of such 44 educational requirements. The board may require that transcripts from foreign schools be 45 submitted for its review, and the board may require that the applicant provide an approved 46 English translation of such transcripts. 47 3. Each application shall contain a statement that, subject to the penalties of making a 48 false affidavit or declaration, the application is made under oath or affirmation and that its 49 representations are true and correct to the best knowledge and belief of the person signing the 50 application. 51 4. The sufficiency of the qualifications of applicants shall be determined by the board, 52 but the board may delegate this authority to its executive director subject to such provisions as 53 the board may adopt. 54 5. Applications for examination or licensure may be denied if the applicant has 55 pleaded guilty to, entered a plea of nolo contendere to, or been found guilty of any of the 56 following offenses or offenses of a similar nature established under the laws of this state, any 57 other state, the United States, or any other country, notwithstanding whether sentence is 58 imposed: 59 (1) Any dangerous felony as defined under section 556.061 or murder in the first 60 degree; HB 1630 5
61 (2) Any of the following sexual offenses: rape in the first degree, forcible rape, rape, 62 statutory rape in the first degree, statutory rape in the second degree, rape in the second 63 degree, sexual assault, sodomy in the first degree, forcible sodomy, statutory sodomy in the 64 first degree, statutory sodomy in the second degree, child molestation in the first degree, child 65 molestation in the second degree, sodomy in the second degree, deviate sexual assault, sexual 66 misconduct involving a child, sexual misconduct in the first degree under section 566.090 as 67 it existed prior to August 28, 2013, sexual abuse under section 566.100 as it existed prior to 68 August 28, 2013, sexual abuse in the first or second degree, enticement of a child, or 69 attempting to entice a child; 70 (3) Any of the following offenses against the family and related offenses: incest, 71 abandonment of a child in the first degree, abandonment of a child in the second degree, 72 endangering the welfare of a child in the first degree, abuse of a child, using a child in a 73 sexual performance, promoting sexual performance by a child, or trafficking in children; and 74 (4) Any of the following offenses involving child pornography and related offenses: 75 promoting obscenity in the first degree, promoting obscenity in the second degree when the 76 penalty is enhanced to a class E felony, promoting child pornography in the first degree, 77 promoting child pornography in the second degree, possession of child pornography in the 78 first degree, possession of child pornography in the second degree, furnishing child 79 pornography to a minor, furnishing pornographic materials to minors, or coercing acceptance 80 of obscene material. 329.280. 1. Any cosmetologist holding a current and active license to practice 2 the categories of cosmetology described in paragraphs (a) to (e) of subdivision (5) of 3 section 329.010 may register with the board for a personal service registration to 4 provide services to placebound clients outside of a cosmetology establishment. An 5 applicant for a personal service registration shall submit to the board an application, a 6 fee as set by the board, and a copy of the applicant's current and active license. An 7 applicant for a personal service registration may be denied such registration if the 8 applicant has pled guilty to, entered a plea of nolo contendere to, or been found guilty of 9 any of the offenses set forth in subsection 5 of section 329.050. 10 2. A personal service registrant shall keep his or her information that the board 11 requires in the initial registration current and up to date with the board. 12 3. A personal service registrant shall provide to the client or customer a copy of 13 the personal service registration and license upon request. 14 4. The board may: 15 (1) Inspect the tools, equipment, and implements of any personal service 16 registrant one time each year to ensure that the registrant is following all sanitation 17 standards set by the board by rule; HB 1630 6
18 (2) Inspect the tools, equipment, and implements of any personal service 19 registrant if a customer or client submits a complaint to the board about the registrant; 20 and 21 (3) Following all requirements set forth in section 329.140, revoke the personal 22 service registration of a registrant, discipline a registrant's license, or revoke the 23 registration and discipline the license of a registrant for any violation set forth in section 24 329.140 or for failure to follow the requirements of this section. 25 5. The board may promulgate regulations necessary for the administration of 26 this section. Any rule or portion of a rule, as that term is defined in section 536.010, that 27 is created under the authority delegated in this section shall become effective only if it 28 complies with and is subject to all of the provisions of chapter 536 and, if applicable, 29 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 30 vested with the general assembly pursuant to chapter 536 to review, to delay the 31 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, 32 then the grant of rulemaking authority and any rule proposed or adopted after August 33 28, 2026, shall be invalid and void. ✔
Statutes affected: