Bill Summary – FastDemocracy

PRIOR PRINTER'S NO. 2256                         PRINTER'S NO.   2446
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 1820
                                               Session of
                                                 2023
     INTRODUCED BY BULLOCK, YOUNG, KAZEEM, McANDREW, HOHENSTEIN,
        PROBST, KINSEY, HANBIDGE, BERNSTINE, MADDEN, KHAN,
        SCHLOSSBERG, SANCHEZ, CEPEDA-FREYTIZ, HILL-EVANS, DALEY,
        KRAJEWSKI, HADDOCK, SHUSTERMAN, GREEN, CURRY, CERRATO,
        KEEFER, SALISBURY AND GUZMAN, NOVEMBER 8, 2023
     AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
        DECEMBER 13, 2023
                                    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 APPLICABILITY, 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 "cosmetology," "limited
 license," "natural hair braider" and "natural hair braiding"      <--
 LICENSE" AND "NATURAL HAIR BRAIDER" in section 1 of the act of    <--
 May 3, 1933 (P.L.242, No.86), referred to as the Cosmetology
 Law, are amended 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:
    * * *
    "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, 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.
    * * *
    "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.
    * * *
    ["Natural hair braider" means an individual licensed by the
 State Board of Cosmetology to engage in the practice of natural
 hair braiding.]                                                    <--
20230HB1820PN2446                    - 2 -
    "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.]
    * * *
    Section 2.     Sections 2(2), 4(c) and (d), 5(b)(3) and (c),
 6(b.1)(2) and (4) and (d), 8(a), 8.1, 16(a), 17, 19(b) and            <--
 20(c.2) and (e) of the act are amended to read:
    Section 2.     Practice without License Prohibited.--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:
    * * *
    (2)     To practice or teach esthetics[, natural hair braiding]
 or nail technology for compensation or to use or maintain any
 place for the practice of esthetics[, natural hair braiding] or
 nail technology for compensation.
    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,
20230HB1820PN2446                    - 3 -
 [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
 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.
20230HB1820PN2446                    - 4 -
    (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
 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.
    (c)    Within two years of the initial issuance of a license
 under subsection (b)(3)(ii), the licensee shall provide the
 board with proof that the licensee completed one hundred fifty
 hours of education from a school of cosmetology as a condition
 of renewal of the license. The courses shall include, at a
 minimum, scalp care, hygiene and occupational safety.]
    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]
20230HB1820PN2446                   - 5 -
 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[,] or nail
 technology [or natural hair braiding]. 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 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;]
    (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
20230HB1820PN2446                   - 6 -
    (2)     to practice esthetics[,] or nail technology [or natural
 hair braiding] for pay in any place other than a licensed
 cosmetology salon or a salon limited to esthetics[,] or nail
 technology [or natural hair braiding].
    * * *
    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
 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;
    (1.1)    for registration fee for apprentices; and
    (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 17.    TO WHOM PROVISIONS IN THIS ACT SHALL NOT            <--
 APPLY.--(A)    NOTHING IN THIS ACT SHALL PROHIBIT SERVICE IN CASE
 OF EMERGENCY OR DOMESTIC ADMINISTRATION WITHOUT COMPENSATION,
 NOR SERVICE BY PERSONS AUTHORIZED UNDER THE LAWS OF THIS STATE
 TO PRACTICE MEDICINE, SURGERY, DENTISTRY, CHIROPODY, OSTEOPATHY,
 OR CHIROPRACTICE, NOR SERVICES BY BARBERS LAWFULLY ENGAGED IN
 THE PERFORMANCE OF THE USUAL AND ORDINARY DUTIES OF THEIR
20230HB1820PN2446                    - 7 -
 VOCATION. NOTHING IN THIS ACT IS INTENDED TO BE INCONSISTENT
 WITH THE ACT[, APPROVED THE NINETEENTH DAY OF JUNE, ONE THOUSAND
 NINE HUNDRED AND THIRTY-ONE (PAMPHLET LAWS, FIVE HUNDRED EIGHTY-
 NINE), ENTITLED "AN ACT TO PROMOTE THE PUBLIC HEALTH AND SAFETY,
 BY PROVIDING FOR THE EXAMINATION AND LICENSURE OF THOSE WHO
 DESIRE TO ENGAGE IN THE OCCUPATION OF BARBERING; REGULATING
 BARBER SHOPS, BARBER SCHOOLS AND BARBER COLLEGES, AND
 APPRENTICES AND STUDENTS THEREIN; CONFERRING CERTAIN POWERS AND
 DUTIES ON THE DEPARTMENT OF PUBLIC INSTRUCTION; AND PROVIDING
 PENALTIES."] OF JUNE 19, 1931 (P.L.589, NO.202), REFERRED TO AS
 THE BARBERS' LICENSE LAW.
    (B)   NOTHING IN THIS ACT SHALL PROHIBIT OR REGULATE THE
 PRACTICE OF NATURAL HAIR BRAIDING BY A PERSON WHO DESIRES TO
 ENGAGE IN THE PRACTICE OF NATURAL HAIR BRAIDING OR TO OPERATE A
 BUSINESS DEDICATED TO THE PRACTICE OF NATURAL HAIR BRAIDING IF
 THE PERSON OR BUSINESS DOES NOT ENGAGE IN ANY OTHER PRACTICES OR
 ACTIVITIES THAT CONSTITUTE THE PRACTICE OF COSMETOLOGY.
    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
20230HB1820PN2446                    - 8 -
 majority of the maximum number of the authorized membership of
 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.
20230HB1820PN2446                  - 9 -