1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2141 By: McDugle
4
5
6 AS INTRODUCED
7 An Act relating to professions and occupations;
amending 59 O.S. 2021, Sections 199.1, 199.6, as
8 amended by Section 1, Chapter 57, O.S.L. 2022 (59
O.S. Supp. 2022, Section 199.6), 199.7, 199.10 and
9 199.14, which relate to the Oklahoma Cosmetology and
Barbering Act; adding definition; modifying
10 penalties; modifying licensure and certification
fees; removing certain license; increasing fees; and
11 providing an effective date.
12
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15 SECTION 1. AMENDATORY 59 O.S. 2021, Section 199.1, is
16 amended to read as follows:
17 Section 199.1 1. "Apprentice" means a person who is engaged in
18 learning the practice of cosmetology or barbering in a cosmetology
19 or barbering establishment;
20 2. "Barber" or "barber stylist" means any person who engages in
21 the practice of barbering;
22 3. "Barbering" means any one or any combination of the
23 following practices, when done upon the upper part of the human body
24 for cosmetic purposes and when done for payment either directly or
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1 indirectly for the general public, constitutes the practice of
2 barbering, to wit: Shaving or trimming the beard or cutting the
3 hair; giving facial or scalp massages or treatment with oils,
4 creams, lotions or other preparations, either by hand or mechanical
5 appliances; singeing, shampooing or applying lighteners or color to
6 the hair or applying hair tonics; applying cosmetic preparations,
7 antiseptics, powders, oils, clays or lotions to scalp, face, neck or
8 upper part of the body; and removing superfluous hair from the face,
9 neck or upper part of the body;
10 4. "Barber establishment" means an establishment or place of
11 business where one or more persons are engaged in the practice of
12 barbering, but shall not include barber schools or colleges;
13 5. "Barber school" or "barber college" means an establishment
14 operated for the purpose of teaching barbering;
15 6. "Board" means the State Board of Cosmetology and Barbering;
16 7. "Cosmetic studio" means any place or premises where
17 demonstrators give demonstrations, without compensation, for the
18 purpose only of advertising and selling cosmetics;
19 8. "Cosmetician" means a person licensed by the Board to
20 perform patron services limited to hair arranging and application of
21 makeup, including, but not limited to, using hairstyling tools and
22 products. Services must be performed in a licensed establishment;
23 9. "Cosmetology" means any one or combination of practices
24 generally and usually performed by and known as the occupation of
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1 beauticians, beauty culturists, beauty operators, cosmeticians,
2 cosmetologists, or hairdressers or of any other person holding
3 himself or herself out as practicing cosmetology by whatever
4 designation and within the meaning of the Oklahoma Cosmetology and
5 Barbering Act and in or upon whatever place or premises.
6 Cosmetology shall include, but not be limited to, any one or
7 combination of the following practices: bleaching, cleansing,
8 curling, cutting, coloring, dressing, removing, singeing, styling,
9 waving, or similar work upon the hair of any person by any means,
10 whether with hands or mechanical or electrical apparatus or
11 appliances. Nothing in the Oklahoma Cosmetology and Barbering Act
12 shall be construed to prohibit the use of hands or mechanical or
13 electrical apparatus or appliances for the nonpermanent removal of
14 hair from the human body without puncturing of the skin or the use
15 of cosmetic preparations, antiseptics, tonics, lotions, or creams,
16 or massaging, cleansing, stimulating, exercising, beautifying, or
17 similarly working the scalp, face, neck, arms, or the manicuring of
18 the nails of any person, exclusive of such of the foregoing
19 practices as are within the scope of practice of the healing arts as
20 provided by law;
21 10. "Cosmetology establishment" means an establishment or place
22 of business where one or more persons are engaged in the practices
23 of cosmetology but shall not include cosmetology schools or
24 colleges;
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1 11. "Cosmetology or barber school/college" means any place or
2 premises where instruction in any or all the practices of
3 cosmetology or barbering is given. Any person, firm, institution or
4 corporation, who holds himself, herself or itself out as a school to
5 teach and train, or any person, firm, institution or corporation who
6 shall teach and train any other person or persons in any of the
7 practices of cosmetology or barbering is hereby declared to be
8 engaged in operating a cosmetology and/or barber school, and shall
9 be subject to the provisions of the Oklahoma Cosmetology and
10 Barbering Act. Licensed cosmetology and/or barber schools may offer
11 education to secondary and postsecondary students in this state;
12 12. "Demonstrator" means a person who is not licensed in this
13 state as an operator or instructor and who demonstrates any cosmetic
14 preparation. The person shall be required to obtain a Demonstrator
15 license and pass a state written exam relating to general safety and
16 sanitation from the Board before making any such demonstrations;
17 13. "Facial/Esthetics instructor" means a person licensed by
18 the Board as a qualified teacher of the art and science of facial
19 and esthetics theory and practice;
20 14. "Facialist/Esthetician" means any person who gives facials
21 for compensation;
22 15. "Hairbraiding technician" means a person certified by the
23 Board to perform hairbraiding, hairweaving techniques, and hair
24 extensions in a licensed cosmetology establishment;
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1 16. "Hybrid learning" means courses that combine face-to-face
2 classroom instruction with on-line, computer-based learning;
3 17. "Manicurist/Nail technician" means a person who gives
4 manicures, gives pedicures, or applies artificial nails;
5 18. "Manicurist/Nail technician instructor" means a person
6 licensed by the Board as a qualified teacher of the art and science
7 of nail technology theory and practice;
8 19. "Master barber instructor" means a person who gives
9 instruction in barbering or any practices thereof;
10 20. "Master cosmetology instructor" means a person who gives
11 instruction in cosmetology or any practices thereof;
12 21. "Postsecondary institution" means a school licensed to
13 teach students according to prescribed curriculum as in paragraph 1
14 of subsection G of Section 199.7 of this title and in Board rule
15 175:10-3-34(a);
16 22. "Public school" means any state-supported institution
17 conducting a cosmetology program;
18 23. "Salon suites" and "mini-salons" in a large commercial
19 space. These are independent rooms with a lockable door which allows
20 for an independent salon, shop, or establishment business address.
21 Salon suites require an establishment license issued by the Oklahoma
22 State Board of Cosmetology and Barbering for each individually
23 operated room;
24
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1 24. "Secondary institution" means a school licensed to teach
2 students eligible for credit of five hundred (500) hours of related
3 subjects as prescribed in paragraph 2 of subsection G of Section
4 199.7 of this title and in Board rule 175:10-3-34(b); and
5 24 25. "Student" means a person who is enrolled in and
6 attending a cosmetology or barbering school for the purpose of
7 learning the practice of cosmetology or barbering.
8 SECTION 2. AMENDATORY 59 O.S. 2021, Section 199.6, as
9 amended by Section 1, Chapter 57, O.S.L. 2022 (59 O.S. Supp. 2022,
10 Section 199.6), is amended to read as follows:
11 Section 199.6 A. The State Board of Cosmetology and Barbering
12 is hereby authorized to promulgate rules for governing the
13 examination and licensure of or certification of all individuals
14 regulated by the Cosmetology and Barbering Act, including, but not
15 limited to cosmetologists, manicurists, nail technicians,
16 facialists, estheticians, demonstrators, cosmeticians, hair braiding
17 technicians, master cosmetology instructors, manicurist instructors,
18 esthetics instructors, barbers, and master barber instructors. The
19 Board is hereby authorized to promulgate rules to govern the
20 sanitary operation of cosmetology, and barbering, and other licensed
21 establishments and to administer fines. Excluding any fines levied
22 pursuant to subsection D of this section, the fine shall not to
23 exceed Fifty Dollars ($50.00) for against those licensed and shall
24 not to exceed Five Hundred Dollars ($500.00) for against those not
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1 licensed. Each day a violation continues shall be construed as a
2 separate offense.
3 B. The State Board of Cosmetology and Barbering shall have the
4 power and duty to implement rules of the Board, to issue and renew
5 licenses, to inspect cosmetology and barbering establishments and
6 schools, and to inspect the sanitary operating practices of
7 cosmetology and barbering licensees, including sanitary conditions
8 of cosmetology and barbering establishments and schools.
9 C. It shall be unlawful and constitute a misdemeanor,
10 punishable upon conviction by a fine of not less than Fifty Dollars
11 ($50.00), nor more than One Hundred Fifty Dollars ($150.00), or by
12 imprisonment in the county jail for not more than thirty (30) days,
13 or both such fine and imprisonment, for any person, firm, or
14 corporation in this state to:
15 1. Operate or attempt to operate a cosmetology school/college,
16 cosmetology or barber establishment, cosmetology or barber school or
17 college that offers cosmetology, barbering or both without having
18 obtained a license therefor from the State Board of Cosmetology and
19 Barbering;
20 2. Give or attempt to give instruction in cosmetology or
21 barbering, without having obtained an instructor's license from the
22 Board;
23
24
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1 3. Practice or offer to practice barbering, cosmetology or
2 manicuring without having obtained a license therefor from the
3 Board;
4 4. Operate a cosmetic studio without having obtained a license
5 therefor from the Board;
6 5. Demonstrate a cosmetic preparation without having obtained a
7 demonstrator's license from the Board;
8 6. Permit any person in one's employ, supervision, or control
9 to practice cosmetology or barbering unless that person has obtained
10 an appropriate license from the Board;
11 7. Willfully violate any rule promulgated by the Board for the
12 sanitary management and operation of a cosmetology or barber
13 establishment, cosmetology school or barber college; or
14 8. Violate any of the provisions of the Oklahoma Cosmetology
15 and Barbering Act.
16 D. The State Board of Cosmetology and Barbering shall have the
17 authority to levy administrative fines not to exceed Five Hundred
18 Dollars ($500.00) for persons practicing cosmetology or barbering
19 against persons who engage in any of the practices regulated by the
20 Oklahoma Cosmetology and Barbering Act without a license or
21 certification, including, but not limited to, cosmetology, manicure,
22 esthetics, demonstration, hair braiding, barbering, and master
23 instruction, and for as well as against the owners of licensed
24 establishments who allow employ unlicensed or uncertified
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1 individuals to practice cosmetology or barbering without a license
2 in their establishment. Each day a violation continues shall be a
3 separate offense. The administrative fine shall not exceed a total
4 of Five Hundred Dollars ($500.00).
5 E. The provisions of the Oklahoma Cosmetology and Barbering Act
6 shall not apply to the following persons while such persons are
7 engaged in the proper discharge of their professional duties:
8 1. Funeral directors;
9 2. Persons in the Armed Services;
10 3. Persons authorized to practice the healing arts or nursing;
11 4. Regularly employed sales people working in retail
12 establishments engaged in the business of selling cosmetics in
13 sealed packages; or
14 5. Persons employed to render cosmetology or hairstyling
15 services in the course of and incidental to the business or
16 employers engaged in the theatrical, radio, television, or motion
17 picture production industries, modeling, or photography.
18 SECTION 3. AMENDATORY 59 O.S. 2021, Section 199.7, is
19 amended to read as follows:
20 Section 199.7 A. Each cosmetology and barber school shall be
21 licensed annually by the State Board of Cosmetology and Barbering.
22 Application for the first year's license for a cosmetology and
23 barber school shall be accompanied by a fee of Four Hundred and
24 Fifty Dollars ($400.00) ($450.00), which shall be retained by the
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1 Board if the application is approved and a license is issued. The
2 annual renewal license fee for cosmetology or barber schools shall
3 be One Hundred Twenty-five Fifty Dollars ($125.00) ($150.00).
4 B. 1. No license or renewal thereof for a cosmetology or
5 barber school shall be issued unless the owner thereof furnishes to
6 the Board a good and sufficient surety bond in the principal sum of
7 Two Thousand Dollars ($2,000.00) for the first instructor and an
8 additional One Thousand Dollars ($1,000.00) for each additional
9 instructor, executed by a surety company authorized to do business
10 in this state, and conditioned on the faithful performance of the
11 terms and conditions of all contracts entered into between the owner
12 of the cosmetology or barber school and all persons enrolling
13 therein.
14 2. The surety bond shall be in a form approved by the Attorney
15 General and filed in the Office of the Secretary of State. Suit may
16 be brought on the bond by any person injured by reason of the breach
17 of the conditions thereof.
18 C. It shall be the duty of the owner or manager of a
19 cosmetology or barber school to enter into a written contract with
20 all students before permitting students to attend any classes.
21 Contracts shall be made out in triplicate, the original copy to be
22 retained by the school, the duplicate to be given to the student,
23 and the triplicate to be filed with the executive director of the
24 Board.
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1 D. A school licensed or applying for licensure shall maintain
2 recognition as an institution of postsecondary study by meeting the
3 following conditions:
4 1. The school shall admit as a regular student only an
5 individual who has earned a recognized high school diploma, or who
6 is beyond the age of compulsory high school attendance;
7 2. The school shall be licensed by name, or in the case of an
8 applicant, shall apply for licensure by name, to offer one or more
9 training programs beyond the secondary level.
10 E. No license for a cosmetology or barber school shall be
11 issued unless the owner thereof presents evidence satisfactory to
12 the Board that the school has satisfactory facilities and equipment
13 and has instructors qualified to give a course of study as provided
14 in the Oklahoma Cosmetology and Barbering Act.
15 F. There shall be included in the curriculum for cosmetology
16 and barber schools, courses of study in the theory of cosmetology
17 and barbering related theory, studies in manipulative practices,
18 sterilization and sanitation, shop management, and such other
19 related subjects as may be approved by the Board.
20 G. 1. The Board shall adopt a curriculum of required courses
21 of instruction in theory and training of either one thousand five
22 hundred (1,500) clock hours or an equivalent number of credit hours
23 as recognized by the United States Department of Education or a
24 regional or national accreditation entity recognized by the United
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1 States Department of Education in a basic course to be taught in all
2 cosmetology or barbering schools in the state. The basic
3 cosmetology or barbering course shall be designed to qualify
4 students completing the course to take the examination for a
5 license.
6 2. Cosmetology and barber students in vocational, trade, and
7 industrial cosmetology and barbering classes in public schools,
8 parochial, private schools or home schools shall qualify by
9 completing o