H. B. 4036
(By Delegate Love)
[Introduced January 10, 1996; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one, article twenty-seven,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to reducing
the number of hours of training required for manicurists.
Be it enacted by the Legislature of West Virginia:
That section one, article twenty-seven, chapter thirty of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted 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
curricula and standards of instruction for schools of barbering
and beauty culture: Provided, That the number of hours required
for training for manicurists to qualify for licensing shall not
exceed two hundred hours. 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 have a 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 the
board 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.
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.
NOTE: The purpose of this bill is to reduce the required
number of hours of training for manicurists from 400 hours to 200
hours.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.