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Introduced Version House Bill 3134 History

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H. B. 3134

 

         (By Delegates Poore, Moore, Guthrie, Marshall, Skinner, Pasdon, Raines, Caputo, Eldridge, Stephens and Swartzmiller)


         [Introduced March 25, 2013; referred to the

         Committee on Government Organization.]

 

 

A BILL to amend and reenact §30-27-1, §30-27-3, §30-27-8 and §30-27-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-27-11b, all relating to the Board of Barbers and Cosmetologists; defining “hair braiding”; legislative findings; authorizing the board to issue hair braiding permits; and authorizing hair braiding permit holders to practice individually.

Be it enacted by the Legislature of West Virginia:

    That §30-27-1, §30-27-3, §30-27-8 and §30-27-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §30-27-11b, all to read as follows:

ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-1. Unlawful acts.

    (a) It is unlawful for any person to practice or offer to practice barbering, barber permanent waving, cosmetology, aesthetics, hair braiding or nail care in this state without a license or permit issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that the person is a licensed aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover or nail technician, or permitted hair braider, unless the person has been licensed or permitted under the provisions of this article, and the license or permit has not expired, been suspended or revoked.

    (b) No salon, except through a licensee or permitee, may render any service or engage in any activity which if rendered or engaged in by an individual, would constitute the practices licensed regulated under the provisions of this article.

    (c) No school, except through a licensee, may instruct, render any service or engage in any activity which if taught, rendered or engaged in by an individual, would constitute the practices licensed under the provisions of this article.

§30-27-3. Definitions.

    As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

    (a) “Aesthetics” or “esthetics” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

    (1) Administering cosmetic treatments to enhance or improve the appearance of the skin, including cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating or performing any other similar procedure on the skin of the human body or scalp;

    (2) Applying, by hand or with a mechanical or electrical apparatus, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person’s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;

    (3) The rubbing, cleansing, exercising, beautifying or grooming of another person’s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;

    (4) The waxing, tweezing and threading of hair on another person’s body;

    (5) The wrapping of another person’s body in a body wrap;

    (6) Applying artificial eyelashes and eyebrows; and

    (7) The lightening of hair on the body except the scalp.

    (b) “Aesthetician” or “esthetician” means a person licensed under the provisions of this article who engages in the practice of aesthetics.

    (c) “Applicant” means a person making application for a professional license, license, certificate, registration, permit or renewal under the provisions of this article.

    (d) “Barber” means a person licensed under the provisions of this article who engages in the practice of barbering.

    (e) “Barbering” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

    (1) Shaving, shaping and trimming the beard, or both;

    (2) Cutting, singeing, shampooing, arranging, dressing, tinting, bleaching, or applying lotions or tonics on human hair, or a wig or hairpiece; and

    (3) Applications, treatments or rubs of the scalp, face, or neck with oils, creams, lotions, cosmetics, antiseptics, powders, or other preparations in connection with the shaving, cutting or trimming of the hair or beard.

    (f) “Barber crossover” or “cosmetologist crossover” is a person who is licensed to perform barbering and cosmetology.

    (g) “Barber permanent waving” means the following acts done on the human body for compensation and not for the treatment of disease:

    (1) The bleaching or tinting of hair; and

    (2) The permanent waving of hair.

    (h) “Barber permanent wavist” means a person licensed to perform barbering and barber permanent waving.

    (i) “Board” means the West Virginia Board of Barbers and Cosmetologists.

    (j) “Certificate” means an instructor certificate to teach in a school under the provisions of this article.

    (k) “Certificate holder” means a person certified as an instructor to teach in a school under the provisions of this article.

    (l) “Cosmetologist” means a person licensed under the provisions of this article who engages in the practice of cosmetology.

    (m) “Cosmetology” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

    (1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;

    (2) Nail care;

    (3) Applying by hand or with a mechanical or electrical device or appliance, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person’s face, neck, shoulders, hands, elbows and feet up to and including the knee;

    (4) The rubbing, cleansing, exercising, beautifying or grooming of another person’s face, neck, shoulders, hands, elbows and feet up to and including the knee;

    (5) The wrapping of another person’s body in a body wrap; and

    (6) Performing aesthetics.

    (n) “General supervision” means:

    (1) For schools, a master or certified instructor is on the premises and is quickly and easily available; or

    (2) For salons, a professional licensee is on the premises and is quickly and easily available.

    (o) “Hair braiding” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease: Braiding, plaiting, twisting, wrapping, threading, weaving, extending or locking of natural human hair by hand or mechanical device a natural form of hair manipulation that results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving or wrapping human hair, natural fibers, synthetic fibers and hair extensions into a variety of shapes, patterns and textures predominantly by hand and by only using simple braiding devices, and maintenance thereof.

    (p) "Hair Styling" means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

    (1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, threading or similarly work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices or appliances;

    (2) The rubbing, cleansing, exercising, beautifying or grooming of another person's face, neck, shoulders, hands, elbows and feet up to and including the knee.

    (q) “Hair Stylist” means a person licensed under the provisions of this article who engages in the practice of hair styling.

    (r) “License” means a professional license, a salon license or a school license.

    (s) “Licensee” means a person, corporation or firm holding a license issued under the provisions of this article.

    (t) “Nail care” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:

    (1) The cleansing, dressing, or polishing of nails of a person;

    (2) Performing artificial nail service; and

    (3) The cosmetic treatment of the feet up to the knee and the hands up to the elbow.

    (u) “Nail technician” or “manicurist” means a person licensed under the provisions of this article who engages in the practice of nail care.

    (v) “Permit” means a work permit.

    (w) “Permitee” means a person holding a work permit.

    (x) “Professional license” means a license to practice as a aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover or nail technician.

    (y) “Registration” means a registration issued by the board to a person who rents or leases a booth or chair from a licensed salon owner and operator, or both, or a registration issued by the board to a person who is a student in a school.

    (z) “Registrant” means a person who holds a registration under the provisions of this article.

    (aa) “Salon” means a shop or other facility where a person practices under a professional license.

    (bb) “Salon license” means a license to own and operate a salon.

    (cc) “School” means a facility to educate persons to be licensed with professional licenses under the provisions of this article.

    (dd) “School license” means a license to own and operate a school.

    (ee) “Student registration” means a registration issued by the board to a student to study at a school licensed under the provisions of this article.

§30-27-8. Professional license requirements.

    (a) An applicant for a professional license to practice as a aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, hair stylist, cosmetologist crossover or nail technician shall present satisfactory evidence that he or she:

    (1) Is at least eighteen years of age;

    (2) Is of good moral character;

    (3) Has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United States Department of Education;

    (4) Has graduated from a school which has been approved by the board;

    (5) Has passed an examination that tests the applicant’s knowledge of subjects specified by the board: Provided, That the board may recognize a certificate or similar license in lieu of the examination or part of the examination that the board requires;

    (6) Has paid the applicable fee;

    (7) Presents a certificate of health from a licensed physician;

    (8) Is a citizen of the United States or is eligible for employment in the United States; and

    (9) Has fulfilled any other requirement specified by the board.

    (b) A license to practice issued by the board prior to July 1, 2009, shall for all purposes be considered a professional license issued under this article: Provided, That a person holding a license issued prior to July 1, 2009, must renew the license pursuant to the provisions of this article.

    (c) The provisions of this section do not apply to hair braiders.

§30-27-11b. Legislative findings; hair braiding permit.

    (a) The Legislature finds that hair braiding is a culturally based skill passed down through generations that does not provide a threat to public health or safety and does not require formal school instruction.

    (b) The board may establish a hair braiding permit. A hair braiding permit shall allow a hair braider to work individually, without supervision by a professional licensee.

    (c) A hair braider is only authorized to bead, braid, cornrow, extend, lace, lock, sew, twist, weave or wrap the hair.

    (d) An applicant for a hair braiding permit shall present satisfactory evidence that he or she:

    (1) Is at least sixteen years of age;

    (2) Is of good moral character;

    (3) Is in high school or has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United States Department of Education;

    (4) Has paid the applicable fee;

    (5) Has a certificate of health from a licensed physician;

    (6) Is a citizen of the United States or is eligible for employment in the United States; and

    (7) Has fulfilled any other requirement specified by the board: Provided, That The board may not require an applicant for a hair braider permit to attend school to learn the art of hair braiding.

    (e) The board shall propose an emergency rule to implement the provisions of this section in accordance with the provisions of section six of this article and article three, chapter twenty-nine-a of this code by July 1, 2013, including:

    (1) The requirements and procedures for a hair braiding permit: Provided, That institutional training shall not be required;

    (2) A fee schedule; and

    (3) Any other rules necessary to effectuate the provisions of this section.

§30-27-18. Salon management requirements.

    (a) Every salon in this state offering the services set forth in this article shall be operated under the supervision and management of a professional licensee or permittee licensed regulated under this article.

    (b) Any services set forth in this article may be conducted within the same salon. A suitable sign shall be displayed at the main entrance of all salons plainly indicating the business conducted therein.

 

    NOTE: The purpose of this bill is to authorize the board to issue hair braiding permits to allow hair braiders to practice in a licensed salon individually, define hair braiding and clarify that hair braiding need not be taught in school.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.


     §30-27-11b is new; therefore, it has been completely underscored.

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