Introduced Version
House Bill 4327 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4327
(By Delegates Morgan, Stephens and Craig)
[Introduced February 4, 2010; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §30-27-6 and §30-27-9 of the Code of
West Virginia, 1931, as amended, all relating to the practice
of beauty care; requiring the board to establish a barber's
apprentice program; and permitting the board to license an
applicant from another jurisdiction who has completed an
apprenticeship program.
Be it enacted by the Legislature of West Virginia:
That §30-27-6 and §30-27-9 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.
§30-27-6. Rulemaking.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter twenty-
nine-a of this code, to implement the provisions of this article,
including:
(1) Standards and requirements for licenses, permits,
certificates and registrations;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or
administer examinations and reexaminations;
(4) Educational and experience requirements;
(5) The passing grade on the examinations;
(6) Standards for approval of courses and curriculum;
(7) Procedures for the issuance and renewal of licenses,
permits, certificates and registrations;
(8) A fee schedule;
(9) Continuing education requirements for professional
licensees and certificate holders;
(10) The procedures for denying, suspending, revoking,
reinstating or limiting the practice of licensees, permitees,
certificate holders and registrants;
(11) Designating the regions for investigators/inspectors;
(12) Criteria for the training of investigators/inspectors;
(13) Requirements for investigations and inspections;
(14) Requirements for inactive or revoked licenses, permits,
certificates and registrations;
(15) Establishing the training program and requirements for
instructors for schools licensed under this article;
(16) Establishing operating procedures for salons; and
(17)
Establishing a barber's apprentice program;
and
(17) (18) Any other rules necessary to effectuate the
provisions of this article.
(b) All of the board's rules in effect on July 1, 2009, shall
remain in effect until they are amended or repealed, and references
to provisions of former enactments of this article are interpreted
to mean provisions of this article.
(c) The board is authorized to shall file an emergency rule
for the implementation of creating its fee schedule in 2009
barber's apprenticeship program.
§30-27-9. Professional license from another state; license to
practice in this state.
(a) The board may issue a professional license to practice to
an applicant of good moral character who holds a valid license or
other authorization to practice in that particular field from
another state, if the applicant demonstrates that he or she:
(1) Holds a license or other authorization to practice in
another state which was granted after completion of educational
requirements substantially equivalent to those required in this
state
or completed an apprentice program
and passed an examination
that is substantially equivalent to the examination required in
this state;
(2) Does not have charges pending against his or her license
or other authorization to practice, and has never had a license or
other authorization to practice revoked;
(3) Has not previously failed an examination for professional licensure in this state;
(4) Has paid the applicable fee;
(5) Is a citizen of the United States or is eligible for
employment in the United States;
(6) Has presented a certificate of health issued by a licensed
physician; and
(7) Has fulfilled any other requirement specified by the
board.
(b) In its discretion, the board may examine a person by a
written, oral or skills test for licensing under this section, and
may enter into agreements for reciprocal licensing with other
jurisdictions having substantially similar requirements for
licensure.
(c) The provisions of this section do not apply to nail
technicians or manicurists from another state or jurisdiction. A
nail technician or manicurist from another state or jurisdiction is
required to show that he or she has completed the required
curriculum and has successfully passed the board's practical skills
examination to apply for licensure under the provisions of this
article.
NOTE: The purpose of this bill is to
require the Board of
Barbers and Cosmetologists to create a barber's apprentice program.
The board may also license an applicant from another jurisdiction
who completed an apprentice program.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.