H. B. 2728
(By Delegate Fragale, By Request)
[Introduced March 25, 1997; referred to the
Committee on Government Organization.]
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 barbers and
cosmetologists; defining barbering, beauty culture,
beautician, cosmetology and manicuring for purposes of this
article.
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; definitions; 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 the 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 pursuant to the
provisions of article three, chapter twenty-nine-a of this code,
pertaining to the licensure and qualifications of barbers,
cosmetologists and manicurists, 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 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 the compensation for each member shall may 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 these purposes from
the board of barbers and cosmetologists.
(g) For purposes of this article, the following definitions
shall apply:
(1) Barbering shall include, but not be limited to, cutting
and dressing hair, shaving and trimming beards and performing
related services as giving facials or scalp treatments.
(2) Beauty culture, beautician or cosmetology when used in
this article shall include, but not be limited to, the art or
practice of cosmetic treatment of the skin, hair and nails and
professional application of hair including dying, bleaching,
cutting, perming and styling hair.
(3) Manicuring shall include, but not be limited to,
treatment for the care of the hands and nails, including massage
of the hands and cleaning, shaping and polishing of the nails.
(g) (h) 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 these 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 determined 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 these rules.
NOTE: The purpose of this bill is to define barbering,
beauty culture, beautician, cosmetology and manicuring for
purposes of this article.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.