Bill Summary – FastDemocracy

PRINTER'S NO.    3089
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 2575
                                               Session of
                                                 2022
     INTRODUCED BY KEEFER, KAUFFMAN, RYAN, BERNSTINE, GROVE, PICKETT,
        COX, HAMM, ROWE AND JONES, MAY 6, 2022
     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 6, 2022
                                    AN ACT
 Amending the act of May 3, 1933 (P.L.242, No.86), entitled "An
    act to promote the public health and safety by providing for
    examination, licensing and granting of permits for those who
    desire to engage in the profession of cosmetology; defining
    cosmetology, and regulating cosmetology salons, schools,
    students, apprentices, teachers, managers, manicurists and
    cosmetologists; conferring powers and duties upon the
    Commissioner of Professional and Occupational Affairs of the
    Department of State; providing for appeals to certain courts
    by applicants and licensees; and providing penalties,"
    further providing for definitions, for practice without
    license prohibited, for eligibility requirements for
    examination, for limited licenses, for requirements of a
    school of cosmetology, for practice in licensed salons only,
    for booth rental prohibited, for fees, for duration and
    renewal of licenses and for penalties.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    The definitions of "braiding," "cosmetology,"
 "limited license," "natural hair braider" and "natural hair
 braiding" in section 1 of the act of May 3, 1933 (P.L.242,
 No.86), referred to as the Cosmetology Law, are amended and the
 section is amended by adding definitions to read:
    Section 1.    Definitions.--The following words and phrases
 when used in this act shall have the meanings given to them in
 this section unless the context clearly indicates otherwise:
    * * *
    "Blow-dry styling" means the practice of shampooing,
 conditioning, drying, arranging, curling, straightening or
 styling hair using only mechanical devices or topical agents,
 such as hairsprays, balms, oils or serums. The term:
    (1)   Includes the use and styling of hair extensions, hair
 pieces or wigs and excludes cutting hair or the application of
 dyes, bleach, reactive chemicals, keratin treatments or other
 preparations to color or alter the structure of hair.
    (2)   Is distinct from the practice of cosmetology.
    * * *
    "Braiding" means intertwining the hair in a systematic motion
 to create patterns in a three-dimensional form, inverting the
 hair against the scalp along part of a straight or curved row of
 intertwined hair or twisting the hair in a systematic motion,
 and includes extending the hair with natural or synthetic hair
 fibers. The term:
    (1)   Includes the practice of utilizing a technique that
 results in tension on hair roots of an individual, such as
 twisting, wrapping, weaving, extending, locking or braiding of
 the hair.
    (2)   Is distinct from the practice of cosmetology.
    * * *
    "Cosmetology" includes [any or all] work done for
 compensation by any person, which work is generally and usually
 performed by cosmetologists, which work is for the
 embellishment, cleanliness and beautification of the human hair,
 such as arranging, [braiding,] dressing, curling, waving,
 permanent waving, cleansing, cutting, singeing, bleaching,
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 coloring, pressing, or similar work thereon and thereabout, and
 the removal of superfluous hair, and the massaging, cleansing,
 stimulating, manipulating, exercising, or similar work upon the
 scalp, face, arms or hands, or the upper part of the body, by
 the use of mechanical or electrical apparatus or appliances or
 cosmetics, preparations, tonics, antiseptics, creams or lotions,
 or by any other means, and of manicuring the nails, which
 enumerated practices shall be inclusive of the term cosmetology
 but not in limitation thereof. The term also includes the acts
 comprising the practice of nail technology[, natural hair
 braiding and esthetics.] and esthetics.
    * * *
    "Eyelash extension" means the application, removal or
 trimming of threadlike natural or synthetic fibers to the lash
 line of an individual. The term includes the cleaning of lashes
 and excludes a color agent, straightening agent, permanent
 waving solution, bleaching agent or another cosmetology service.
 The term is distinct from the practice of cosmetology and
 esthetics.
    "Limited license" means a license issued by the State Board
 of Cosmetology to an individual which permits that individual to
 engage in the practice of esthetics[, natural hair braiding] or
 nail technology.
    "Makeup application" means the application of a temporary
 cosmetic to enhance the appearance of the face or skin,
 including powder, foundation, rouge, eyeshadow, eyeliner,
 mascara or lipstick. The term includes the application of makeup
 applied using an airbrush and excludes the application of
 permanent makeup or tattooing. The term is distinct from the
 practice of cosmetology and esthetics.
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    * * *
    ["Natural hair braider" means an individual licensed by the
 State Board of Cosmetology to engage in the practice of natural
 hair braiding.
    "Natural hair braiding" means the practice of utilizing
 techniques that result in tension on hair roots of individuals,
 such as twisting, wrapping, weaving, extending, locking or
 braiding of the hair. The term does not include the application
 of dyes, reactive chemicals or other preparations to alter the
 color or to straighten, curl or alter the structure of hair.]
    * * *
    "Threading" means removing hair from the eyebrows, upper lip
 or other body part by using a cotton thread to pull hair from
 follicles. The term includes the use of an over-the-counter
 astringents, gels, powders, tweezers or scissors incidental to
 threading. The term is distinct from the practice of cosmetology
 and esthetics.
    Section 2.     Sections 2, 4(c) and (d), 5(b)(3), 6(b.1)(2) and
 (4) and (d), 8(a), 8.1, 16(a)(1) and (2), 19(b) and 20(c.2) and
 (e) of the act are amended to read:
    Section 2.     Practice without License Prohibited.--(a)   It
 shall be unlawful for any person to do any of the following
 without having first obtained from the department a license or
 limited license as provided in this act:
    (1)   To practice or teach cosmetology for compensation, or to
 use or maintain any place for the practice of cosmetology for
 compensation, or to use or maintain any place for the teaching
 of cosmetology.
    (2)   To practice or teach esthetics[, natural hair braiding]
 or nail technology for compensation or to use or maintain any
20220HB2575PN3089                    - 4 -
 place for the practice of esthetics[, natural hair braiding] or
 nail technology for compensation.
    (b)   An individual engaged solely in the practice of blow-dry
 styling, eyelash extensions, makeup application, braiding or
 threading is exempt from this act.
    (c)   A facility where an individual provides a service, or
 any combination services, under subsection (b) and no other
 service requiring a license under this act is exempt from
 cosmetology and esthetics salon license requirements.
    (d)   An individual who is exempt from this act under
 subsection (b) shall be permitted to provide a service or any
 combination of services under subsection (b) and no other
 service requiring a license under this act in a licensed
 cosmetology salon or licensed esthetics salon.
    Section 4.   Eligibility Requirements for Examination.--* * *
    (c)   No person shall be permitted to receive a license to
 teach cosmetology [or natural hair braiding], nail technology or
 esthetics unless such person shall have a license to practice
 cosmetology or a limited license, be at least eighteen years of
 age, shall have completed a twelfth grade education or the
 equivalent thereof and have had five hundred hours of
 specialized training as set forth in section 6 of this act which
 hours shall be in addition to the hours necessary to qualify for
 a license to practice cosmetology or a limited license.
    (d)   An applicant for a license to teach cosmetology[,
 natural hair braiding], nail technology or esthetics shall be
 permitted to take a written examination upon completion of at
 least four hundred hours of the specialized training required.
 The examination shall include both theoretical and procedural
 skill questions as prescribed by the board. Any applicant may
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 apply and is eligible for licensure upon (1) passing the written
 examination, (2) completion of the required five hundred hours
 of instruction, and (3) certification by a duly licensed school
 of satisfactory completion of all program requirements.
    Section 5.     Limited Licenses.--* * *
    (b)    The board shall issue the following limited licenses to
 qualified applicants:
    * * *
    (3)    [(i)   Natural hair braiding license, which shall
 authorize the holder to engage in the practice of natural hair
 braiding only. An applicant for a natural hair braiding license
 shall have completed three hundred hours of board-approved
 subjects relating to sanitation, scalp care, anatomy and natural
 hair braiding in a cosmetology school and passed an examination
 limited to that practice. Licensed natural hair braiders may
 operate a salon limited to that license. An applicant may be
 permitted to take a written examination upon completion of at
 least two hundred fifty hours of instruction in natural hair
 braiding in a licensed school of cosmetology. The examination
 shall include both theoretical and procedural skill questions as
 prescribed by the board. Any applicant may apply and is eligible
 for licensure upon (A) passing the written examination, (B)
 completion of the required three hundred hours of board-approved
 subjects, and (C) certification by a duly licensed school of
 satisfactory completion of all program requirements.
    (ii)    The requirements of paragraph (3)(i) shall not apply
 and a license to practice natural hair braiding shall be issued
 to an applicant who:
    (A)    has submitted an application, along with the required
 fee, within one year of the board's promulgation of final
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 regulations required under this section; and
    (B)   can demonstrate proof of practice of natural hair
 braiding for three consecutive years immediately prior to the
 date of application for licensure. Proof of practice shall
 require tax records of employment and an affidavit from the
 applicant and the applicant's immediate supervisor where
 applicable. The board shall accept the information provided
 without penalty to the applicant for failure to comply with
 licensing provisions prior to the effective date of this
 subsection.] (Reserved).
    * * *
    Section 6.   Requirements of a School of Cosmetology.--* * *
    (b.1)   No school of cosmetology shall be granted a license or
 renewal of a license unless it shall require:
    * * *
    (2)   Practical demonstrations and theoretical studies, and
 study in sanitation, sterilization and the use of antiseptics,
 cosmetics and electrical appliances consistent with the
 practical and theoretical requirements as applicable to
 cosmetology, nail technology[, natural hair braiding] or
 esthetics or any act or practice comprising cosmetology, nail
 technology[, natural hair braiding] or esthetics.
    * * *
    (4)   A separate curriculum of five hundred hours for
 individuals seeking to become teachers of cosmetology[, nail
 technology or natural hair braiding] or nail technology. The
 curriculum shall include methods of teaching and principles of
 education. This paragraph shall not apply to teachers in public
 school programs of cosmetology who meet the standards
 established by the Department of Education for vocational
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 education teachers in the public schools, and those teachers
 shall be deemed to have satisfied the educational requirements
 of this paragraph.
    * * *
    (d)    A school of cosmetology which offers a curriculum for
 the practice of [natural hair braiding,] nail technology or
 esthetics shall require the following with respect to hours of
 instruction:
    (1)    [for natural hair braiding, students shall be required
 to complete a course of study of three hundred hours;]
 (Reserved);
    (2)    for nail technology, students shall be required to
 complete a course of study of two hundred hours; and
    (3)    for esthetics, students shall be required to complete a
 course of study of three hundred hours.
    Section 8.    Practice in Licensed Salons Only.--(a)   Except as
 set forth in subsection (b), it shall be unlawful for any
 person:
    (1)    to practice cosmetology for pay in any place other than
 a licensed cosmetology salon or barber shop as defined in the
 act of June 19, 1931 (P.L.589, No.202), referred to as the
 Barbers' License Law; or
    (2)    to practice esthetics[, nail technology or natural hair
 braiding] or nail technology for pay in any place other than a
 licensed cosmetology salon or a salon limited to esthetics[,
 nail technology or natural hair braiding] or nail technology.
    * * *
    Section 8.1.    Booth Rental Prohibited.--The rental of booth
 space by an owner of a cosmetology salon, or the owner of a
 salon limited to esthetics[,] or nail technology [or natural
20220HB2575PN3089                   - 8 -
 hair braiding], to any holder of a license issued under this act
 is unlawful.
    Section 16.    Fees.--(a)   The board shall, by regulation, fix
 the following fees: (1) for the issuance of a license, with or
 without examination, for cosmetology salon owners, teachers,
 cosmetologists, nail technicians, nail technology salons,
 estheticians, esthetician salons, [natural hair braiders,
 natural hair braiding salons,] students and cosmetology schools;
    * * *
    (2)     for biennial renewal of cosmetology salon owners, school
 instructors, cosmetologists, nail technicians, estheticians,
 [natural hair braiders,] cosmetology schools, nail technology
 salons[,] and esthetician salons [and natural hair braiding
 salons].
    * * *
    Section 19.    Duration and Renewal of Licenses.--* * *
    (b)     An individual holding a license to practice cosmetology
 or an individual holding a limited license who is not engaged in
 practice shall request the board, in writing, to place his
 license in escrow and thus protect his right to obtain a license
 at any such time within a five-year period if he desires to
 again become engaged in the practice of cosmetology or the
 practice of nail technology[, natural hair braiding] or
 esthetics.
    * * *
    Section 20.    Penalties.--* * *
    * * *
    (c.2)     In addition to any other civil remedy or criminal
 penalty provided for in this act, the board, by a vote of the
 majority of the maximum number of the authorized membership of
20220HB2575PN3089                    - 9 -
 the board as provided by this act or by a vote of the majority
 of the qualified and confirmed membership or a minimum of five
 members, whichever is greater, may levy a civil penalty of up to
 one thousand dollars ($1,000.00) on any current licensee who
 violates any provisions of this act or on any person who
 practices cosmetology, [natural hair braiding,] nail technology
 or esthetics without being properly licensed to do so under this
 act. The board shall levy this penalty only after affording the
 accused party the opportunity for a hearing, as provided in
 Title 2 of the Pennsylvania Consolidated Statutes (relating to
 administrative law and procedure).
    * * *
    (e)   The owner of any salon employing an unlicensed
 cosmetologist or an unlicensed [natural hair braider,] nail
 technician or esthetician shall, upon conviction, be sentenced
 to pay a fine not exceeding five hundred dollars ($500.00), or
 to undergo imprisonment not exceeding six (6) months, or both,
 at the discretion of the court.
    Section 3.   This act shall take effect in 60 days.
20220HB2575PN3089                  - 10 -
Statutes/Laws affected: 
Printer's No. 3089: P.L.242, No.86