A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 12 TO TITLE 40 SO AS TO PROVIDE FOR THE REGULATION OF ESTHETICIANS BY A BOARD OF ESTHETICS SERVICES, TO PROVIDE FOR THE COMPOSITION AND FUNCTIONS OF THE BOARD, TO PROVIDE NECESSARY DEFINITIONS, TO PROHIBIT THE PROVISION OF ESTHETICS SERVICES OR EDUCATION WITHOUT LICENSURE BY THE BOARD, TO PROVIDE RELATED REQUIREMENTS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE MISCELLANEOUS POWERS AND DUTIES OF THE BOARD, AMONG OTHER THINGS; AND BY AMENDING SECTIONs 40-13-5, 40-13-10, 40-13-20, 40-13-110, 40-13-230, 40-13-240, AND 40-13-270, ALL RELATING TO THE REGULATION OF CERTAIN PROFESSIONS BY THE BOARD OF COSMETOLOGY, SO AS TO MAKE CONFORMING CHANGES BY REMOVING PROVISIONS CONCERNING ESTHETICIANS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Title 40 of the S.C. Code is amended by adding:

CHAPTER 12

Estheticians

    Section 40-12-110. Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to estheticians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.

    Section 40-12-120. (A) A State Board of Esthetics Services is created composed of five members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Vacancies are filled in the manner of original appointment for the unexpired portion of the term. Recommendations for appointment may be made by the board and other interested groups or persons. The recommendations must be submitted to the Governor not later than the thirty first day of December of the year preceding the year in which appointments expire. The membership must be composed as follows:

       (1) three members of the board must be experienced estheticians and must have been in the practice of esthetics in this State for at least five years before appointment;

       (2) one member must be from an approved esthetician school; and

       (3) one member must be from the public at large and not connected with the practice of esthetics.

    (B) It is unlawful for a member of the board or an inspector or employee of the board, or a spouse of a board member, inspector, or employee to own an interest in a school that trains estheticians.

    (C) The member of the board who is not connected with the practice of esthetics has all rights and privileges of other members of the board except the member may not participate in the examination of an applicant for a license.

    (D) Board members shall receive the same mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions. The board shall meet with the committee quarterly to discuss problems, make recommendations, and hear reports of board policy affecting the industry. Special meetings may be called by the board upon sufficient notice. Accurate minutes of all meetings must be kept by the board as part of its public record.

    Section 40-12-130. As used in this chapter:

       (1) "Esthetician" means a person including, but not limited to, an independent contractor, who is licensed to practice skin care, make up, or similar work. Skin care is for the sole purpose of beautifying the skin.

       (2) "Esthetician school" or "school" means a place or part of a place in which esthetics or any of its practices are taught.

       (3) "Esthetics" means the theory, practice, and clinical study of skin care and services to enhance the appearance of the face, neck, arms, legs, and shoulders of a human being by the use of compounds or procedures including makeup, eyelashes, depilatories, tonics, lotions, waxes, sanding, and tweezing, whether performed by manual, mechanical, chemical, or electrical means and instruments, but does not include electrolysis.

    (5) "Instructor" means a person who is licensed to teach esthetics and the practice of providing esthetics services pursuant to this chapter.

    (6) "Student" means a person who is engaged in learning or acquiring the practices of esthetics and, while learning, performs or assists in any of the practices of esthetics in a school licensed pursuant to this chapter and under the instruction or immediate supervision of an instructor licensed pursuant to this chapter.

    (10) "Approved school" means an esthetician school licensed by the Board of Estheticians or its equivalent in the jurisdiction where the school physically is located. In states where licensure of a school is not required, a license may be issued, upon application and approval by the board.

    Section 40-12-140. (A) The board shall by regulation establish requirements for:

       (1) the education, licensure, reciprocity, practice, conduct of business, and discipline of estheticians and the facilities in which they provide esthetics services; and

       (2) esthetician schools.

    (B) The board may charge fees for applications for licensure and renewal as established in regulation by the board.

    Section 40-12-150. (A) After December 31, 2025, it is unlawful to provide esthetics services or to hold oneself out as an esthetician in this State without being licensed by the board in good standing.

    (B) After December 31, 2025, it is unlawful to operate an esthetician school without a license or to violate any of the provisions of this chapter relating to schools, except that an esthetician school may be operated in and as part of an accredited high school, trade school, or industrial school if the school is licensed by the board. The school is exempt from executing a bond and entering into contracts with its students.

    (C)(1) A person licensed as an esthetician by the Board of Cosmetology on December 31, 2025, may continue to practice as an esthetician, and the board shall enroll them as one of its licensees pending demonstrated compliance with continuing education and other requirements as the board my provide in regulation.

       (2) A person licensed as a cosmetologist by the Board of Cosmetology on December 31, 2025, may continue to provide esthetician services, and the board shall enroll them as one of its licensees pending demonstrated compliance with continuing education and other requirements as the board may provide in regulation.

    Section 40-12-160. The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.

    Section 40-12-170. (A) The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.

    (B) The board shall adopt and use a common seal for the authentication of its orders and records. In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.

    Section 40-12-180. (A) The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80. The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.

    (B) In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.

    (C)(1) In addition to the grounds for disciplinary action provided for in Section 40-1-110, the board may revoke, suspend, or restrict a license upon a satisfactory showing to the board that the holder of the license has:

           (a) violated or failed to comply with any provision of this chapter, a regulation promulgated under this chapter, or an order of the board;

           (b) permitted a person in one's employ or under one's supervision or control to practice as an esthetician without that person being licensed as an esthetician;

           (c) obtained or attempted to obtain a license for money other than the required fee or any other thing of value or by fraudulent misrepresentation;

           (d) provided or offered to provide esthetics services by fraudulent misrepresentation;

           (e) wilfully failed to display a license as provided by the board in regulation;

           (f) practiced or attempted to practice esthetics in any place other than a licensed facility, except in case of an emergency including, but not limited to, illness, invalidism, or death when a licensed operator may perform services for a person in another place by appointment only; or

           (g) used a substance or device that is not intended for esthetics use.

       (2) The holder of a license issued by the board found to have engaged in misconduct pursuant to item (1) is in violation of this chapter, regulations promulgated pursuant to this chapter, or an order of the board and is subject to a civil penalty in lieu of suspension or revocation of the license. The penalty may not exceed five hundred dollars.