Bill Summary – FastDemocracy

PRINTER'S NO.   1317
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        SENATE BILL
                        No. 1031
                                               Session of
                                                 2024
     INTRODUCED BY A. WILLIAMS, GEBHARD, HAYWOOD, ROTHMAN, PHILLIPS-
        HILL, STREET, SCHWANK, DUSH, COLEMAN, COSTA AND SAVAL,
        JANUARY 8, 2024
     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        JANUARY 8, 2024
                                    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 sanitary rules and for fees;
    providing for municipal registration, business license and
    taxes; further providing for duration and renewal of licenses
    and for penalties; and providing for waiver of certain fees,
    fines and 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" 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. The term does not include the practice of natural
 hair braiding only.
    * * *
    "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
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 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, beading,
 accessorizing, locking or braiding of the hair. The term
 includes the use of topical agents available for purchase by the
 general public such as conditioners, gels, moisturizers, oils
 pomades and shampoos in conjunction with utilizing such
 techniques. 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, 4(c) and (d), 5(b)(3) and (c), 6(b.1)
 (2) and (4) and (d) introductory paragraph and (1), 8(a)(2),
 8.1, 14 and 16(a) 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
 place for the practice of esthetics[, natural hair braiding] or
 nail technology for compensation.
    (b)   A license shall not be required under this act to engage
 in the practice of natural hair braiding.
    Section 4.     Eligibility Requirements for Examination.--* * *
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    (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
 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
20240SB1031PN1317                    - 4 -
 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
 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
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 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
 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;]
    * * *
20240SB1031PN1317                   - 6 -
    Section 8.    Practice in Licensed Salons Only.--(a)   Except as
 set forth in subsection (b), it shall be unlawful for any
 person:
    * * *
    (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 14.    Sanitary Rules.--(a)   The board shall prescribe
 such sanitary rules as it may deem necessary, with particular
 reference to the precautions necessary to be employed to prevent
 the creating and spreading of infectious and contagious
 diseases; and it shall be unlawful for the owner of any salon or
 school of cosmetology to permit any person to sleep in or use
 for residential purposes any room used wholly or in part as a
 salon or school of cosmetology.
    (b)    The board, in consultation with the Department of
 Health, shall develop and promulgate via a publicly accessible
 Internet website, a training video and written materials
 providing information on standard sanitary practices. The
 training shall consist of information about infection control
 techniques and diseases of the scalp that are appropriate for
 hair braiding in or outside of a salon setting and other
 information that the department determines relevant. This
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 training material shall be available in English, Spanish, French
 and other languages as determined necessary by the board.
    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 3.    The act is amended by adding a section to read:
    Section 16.1.     Municipal Registration, Business License and
 Taxes.--Nothing in this act may be construed to exempt the
 practice of natural hair braiding or operating a natural hair
 braiding salon from the requirements, as allowed for under 11
 Pa.C.S. § 12601 (relating to licensing and regulatory powers),
 of the following:
    (1)     a city ordinance that requires a general business
 registration, including a commercial activity license or similar
 general business registration; and
    (2)     any other law relating to the payment of taxes on
 business income and receipts.
    Section 4.    Sections 19(b) and 20(c.2) and (e) of the act are
 amended to read:
    Section 19.     Duration and Renewal of Licenses.--* * *
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    (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
 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,
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 at the discretion of the court.
       Section 5.   The act is amended by adding a section to read:
       Section 20.1.   Waiver of Certain Fees, Fines and Penalties.--
 (a)    All fees, fines or penalties imposed prior to the effective
 date of this subsection with respect to the regulation of
 natural hair braiding, by the Commonwealth, a county or a
 municipality, or by any department, division, bureau, board,
 council, agency or authority of the Commonwealth, a county or a
 municipality, on a person who engages in the practice of natural
 hair braiding for the general public or the owner of an
 establishment in which a person or persons engage in the
 practice of natural hair braiding, shall be waived as of the
 effective date of this subsection.
       (b)   Nothing in this section may be construed as providing a
 person who engages in the practice of natural hair braiding for
 the general public or an owner of an establishment in which a
 person or persons engage in the practice of natural hair
 braiding for the general public with the right to a refund of
 the amount of any fees, fines or penalties paid prior to the
 effective date of this subsection by the person or owner to the
 Commonwealth, county or munic