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.