Senate Bill No. 528

(By Senator Manchin)

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[Introduced March 22, 1993; referred to the Committee
on Health and Human Resources.]

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A BILL to amend article twenty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-a, relating to the board of barbers and cosmetologists; and providing for the exemption from licensing of aestheticians.

Be it enacted by the Legislature of West Virginia:
That article twenty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated three-a, to read as follows:
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-3a. Exemptions.

Persons, whose practice in beauty culture or "aesthetics," (which for the purposes of this section means providing services in makeup and skin care), is limited to the application of cosmetic products to another person in connection with the sale,or attempted sale, of the product at retail without compensation from the other person other than the regular retail price of the merchandise; or persons, who are engaged in any other business or profession, which derives its main source of income from services or products other than cosmetics or beauty culture and where the practice in beauty culture or aesthetics is limited to the application of cosmetic products to another person in connection with the business or profession without compensation from the other person, are exempt from the licensing provisions of this article: Provided, That any person practicing as an aesthetician is required to obtain a certificate of health pursuant to the provisions of section nine of this article.



NOTE: The purpose of this bill is to define aestheticians as persons who provide services for makeup and skin care, without compensation to the person receiving the makeup or skin care, and to exempt those person from licensing requirements.

This section is new; therefore, strike-throughs and underscoring have been omitted.