HOUSE BILL NO. 3525 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE RUSH.
7242H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 329.010, 329.032, and 329.275, RSMo, and to enact in lieu thereof three new sections relating to the practice of makeup application.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 329.010, 329.032, and 329.275, RSMo, are repealed and three 2 new sections enacted in lieu thereof, to be known as sections 329.010, 329.032, and 329.275, 3 to read as follows: 329.010.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 3525 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 (6) "Cosmetology establishment", that part of any building wherein or whereupon any 39 of the classified occupations are practiced including any space rented within a licensed 40 establishment by a person licensed under this chapter, for the purpose of rendering 41 cosmetology services; 42 (7) "Cross-over license", a license that is issued to any person who has met the 43 licensure and examination requirements for both barbering and cosmetology; 44 (8) "Hair braider", any person who, for compensation, engages in the practice of hair 45 braiding; 46 (9) "Hair braiding", in accordance with the requirements of section 329.275, the use 47 of techniques that result in tension on hair strands or roots by twisting, wrapping, waving, 48 extending, locking, or braiding of the hair by hand or mechanical device, but does not include 49 the application of dyes, reactive chemicals, or other preparations to alter the color of the hair 50 or to straighten, curl, or alter the structure of the hair; 51 (10) "Hairdresser", any person who, for compensation, engages in the practice of 52 cosmetology as defined in paragraph (a) of subdivision (5) of this section; HB 3525 3
53 (11) "Instructor", any person who is licensed to teach cosmetology or any practices of 54 cosmetology pursuant to this chapter; 55 (12) "Makeup application", the application of a cosmetic to enhance the 56 appearance of the face or skin including, but not limited to, powder, foundation, rouge, 57 eye shadow, eyeliner, mascara, lipstick, and any makeup applied using an airbrush, but 58 does not include the application of permanent makeup or tattooing; 59 (13) "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)] (14) "Parental consent", the written informed consent of a minor's parent or 62 legal guardian that must be obtained prior to providing body waxing on or near the genitalia; 63 [(14)] (15) "School of cosmetology" or "school of manicuring", an establishment 64 operated for the purpose of teaching cosmetology as defined in subdivision (5) of this section. 329.032. 1. Nothing in this chapter shall apply to hairdressing, manicuring, or facial 2 treatments given in the home to members of a person's family or friends for which no charge 3 is made. 4 2. Nothing in this chapter or chapter 328, except for the provisions of sections 5 329.010 and 329.275, shall apply to persons engaged in the practice of hair braiding who have 6 met the requirements in section 329.275. 7 3. Nothing in this chapter or chapter 328 shall apply to persons engaged in the 8 practice of makeup application. 329.275. 1. The practices of cosmetology and barbering shall not include hair 2 braiding or makeup application, except that, nothing in this section shall be construed as 3 prohibiting a licensed cosmetologist or barber from performing the service of hair braiding or 4 the service of makeup application. 5 2. No person shall engage in hair braiding for compensation in the state of Missouri 6 without first registering with the board. Applicants for a certificate of registration to engage 7 in hair braiding shall submit to the board an application and a required fee, as set by the 8 board. Such fee shall not exceed twenty dollars. Prior to receiving a certificate, each 9 applicant shall also watch an instructional video prepared by the board in accordance with 10 subsection 4 of this section. An applicant for a certificate of registration may be denied such 11 certificate if the applicant has pleaded guilty to, entered a plea of nolo contendere to, or been 12 found guilty of any of the offenses set forth in subsection 5 of section 329.050. 13 3. Registered hair braiders shall keep their information that the board requires for 14 initial registration current and up to date with the board. 15 4. The board shall develop and prepare an instructional video, at least four hours but 16 no more than six hours in length, that contains information about infection control techniques 17 and diseases of the scalp that are appropriate for hair braiding in or outside of a salon setting HB 3525 4
18 and any other information to be determined by the board. The instructional video shall be 19 made available to applicants through the division of professional registration's website. The 20 board shall also develop and prepare a brochure that contains a summary of the information 21 contained in the instructional video. The brochure shall be made available through the 22 division of professional registration's website, or by mail, upon request, for a fee to cover the 23 board's mailing costs. 24 5. Any person who registers as a hair braider under this section shall post a copy of 25 his or her certificate of registration in a conspicuous place at his or her place of business. If 26 the person is operating outside his or her place of business, he or she shall provide to the 27 client or customer a copy of his or her certificate of registration upon the client's or customer's 28 request. 29 6. (1) The board may inspect hair braiding establishments or facilities where hair 30 braiding occurs one time per year during business hours to ensure: 31 (a) Persons registered as hair braiders are not operating outside the scope of practice 32 of hair braiding; and 33 (b) Compliance with this section and rules promulgated thereunder. 34 (2) Additionally, if a customer or client submits a complaint to the board about a hair 35 braider, the board may inspect such hair braider's establishment during regular business hours. 36 This inspection shall not count toward the one-time inspection limit set forth in subdivision 37 (1) of this subsection. 38 (3) In addition to the causes listed in section 329.140, the board may also suspend or 39 revoke a certificate of registration if a person registered as a hair braider is found to be 40 operating outside the scope of practice of hair braiding. 41 7. Nothing in this section shall apply to any cosmetologists licensed to practice in this 42 state in their respective classifications. ✔
Statutes affected: