Senate Bill No. 501

(By Senator Blatnik)

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[Introduced February 21, 1994; referred to the Committee
on Health and Human Resources.]

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A BILL to amend and reenact sections one, two and eleven, article twenty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the board of barbers and cosmetologists; expanding the board's disciplinary options by authorizing probation, reprimands and fines of up to two thousand dollars; and extending the board's authority to set standards for aestheticians.

Be it enacted by the Legislature of West Virginia:
That sections one, two and eleven, article twenty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-1. Board of barbers and cosmetologists; salary of board director; appointment, qualifications and terms of board members; compensation and expenses of members; powers and
duties of board.
(a) The board of barbers and beauticians heretofore established is continued and shall be known henceforth as the board of barbers and cosmetologists. The annual salary of the director of such board shall be thirty-one thousand seven hundred ninety-six dollars. All members of the board, serving for a term which has not expired on the effective date of this article, shall continue to serve the terms for which they were appointed. The board shall promulgate rules pertaining to the licensure and qualifications of barbers, cosmetologists, and manicurists and aestheticians, and curricula and standards of instruction for schools of barbering and beauty culture. The board shall aid and assist in the enforcement of all rules in accordance with the provisions of article fourteen, chapter sixteen of this code. The board shall consist of four professional members to be appointed by the governor, by and with the advice and consent of the Senate, and one lay member to be appointed in accordance with the provisions of section four-a, article one of this chapter. Of the four professional members, one shall be an employing barber, one an employee barber, one an employing cosmetologist and one an employee cosmetologist. Each professional member of the board shall have been engaged within this state in the practice of barbering or beauty culture, as the case may be, for a period of five years prior to his or her appointment and no more than two of the four professional members may belong to the same political party. No member of the board shall own or havea pecuniary interest in a barber or beauty culture school licensed by or doing business within this state or shall be employed by such an institution.
(b) On or before the thirtieth day of June of each year, the governor shall appoint one member of the board to serve for a term of four years, to begin on the first day of July. No professional member of the board may serve for more than two complete terms.
(c) The board shall designate one of its members as chairperson.
(d) Each member of the board shall receive as compensation a per diem of fifty dollars for each day of attendance at board sessions, but such compensation for each member shall not exceed the sum of three thousand dollars in any calendar year. Each member shall be reimbursed for actual and necessary expenses incurred in the performance of his or her duties, upon presentation of an itemized sworn statement thereof.
(e) The board shall examine all applicants for licensure and shall issue licenses to those entitled thereto and collect examination and licensure fees, in accordance with regulations promulgated by the board of health pursuant to article fourteen, chapter sixteen of this code or the board of barbers and cosmetologists.
(f) It is unlawful for any person to practice or offer to practice barbering, beauty culture or manicuring in this state without first obtaining a license for such purposes from theboard of barbers and cosmetologists.
(g) The board shall have the power to promulgate rules generally regarding the practice and conduct of barbering and beauty culture, including, but not limited to, the procedures, criteria and curricula for examination and qualifications of applicants for licensure, and for the licensing of instructional personnel for schools of barbering and beauty culture and the practice and conduct of aestheticians.
The power of the board to promulgate such rules shall be concurrent with that of the board of health as authorized in article fourteen, chapter sixteen of this code: Provided, That in the case of conflicting provisions regarding requirements for health and sanitation, the rule or regulation of the board of health shall be deemed to apply. The board of health and the board of barbers and cosmetologists shall for a reasonable fee make available upon request to any licensee a copy of such rules.
§30-27-2. Revocation of license for violation.

For violation of any regulation authorized by the terms of this article or promulgated by the board of health, the board of barbers and beauticians may cancel and revoke the license issued such violator, and may refuse to renew or reissue the same.
The board may suspend, revoke or refuse to issue, restore or renew a license, or impose a civil penalty in an amount not more than two thousand dollars for each violation, upon satisfactory proof to the board that any person has violated the provisions of this article or any rules promulgated by the board of barbers andcosmetologists or by the board of health.
§30-27-11. Grounds for cancellation or refusal to issue or renew license.

The board may refuse to issue a license of registration to any applicant, or may refuse to renew, or may suspend or revoke the same for any holder thereof, suspend, revoke or refuse to issue, restore or renew a license of registration, or place on probation, fine or reprimand any licensee, for any of the following causes: (1) Conviction of the commission of a felony, as shown by a certified copy of the record of the court of conviction; (2) obtaining or attempting to obtain a license to practice barbering or beauty culture in this state by false pretenses, fraudulent misrepresentation, or bribery by the use of money or other consideration; (3) gross incompetency; (4) the continued practice of barbering or beauty culture by a person knowing himself or herself to be afflicted with a contagious or infectious disease; (5) the use knowingly of any false or deceptive statements in advertising; (6) habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit-forming drugs; (7) conviction for the illegal sale of any intoxicating beverage, as shown by a certified copy of the record of the court of conviction; (8) violation of any of the rules and regulations prescribed by the board of health; (9) violation of any of the rules and regulations prescribed by the board of barbers and beauticians; or (10) violation of any licensing or registration requirement of section ten-a of this article.


NOTE: The purpose of this bill is to expand the disciplinary options that the Board of Barbers and Cosmetologists may exercise over applicants and licensees found to be in violation of standards set by statute or rule to include probation, reprimand and a civil penalty per violation not to exceed $2,000. The bill also authorizes the board to set standards for and to regulate aestheticians.

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