H. B. 2808
(By Delegates Kuhn, Collins,
Frederick and Perdue)
[Introduced February 17, 1999; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact sections one, two, three, four, five,
six, seven, eight, nine, ten, ten-a, eleven, twelve and
sixteen, 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; removing salary of board director; adding
aestheticians and cosmetology and changing beauty culture to
cosmetology; changing method of paying board members;
requiring board to establish curriculum for establishment of
a shampoo assistant; changing qualifications of applicants
and fees; changing renewal of license fees; distinguish
barber shop and beauty salon; and requiring licensed
instructors to be licensed for active practice or service.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five, six, seven,
eight, nine, ten, ten-a, eleven, twelve and sixteen, 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; 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 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 aestheticians and curricula and standards of
instruction for schools of barbering and beauty culture
cosmetology. 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 cosmetology,
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 may 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 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,
which may not
exceed the amount paid to members of the Legislature for their
interim duties as recommended by the citizens legislative
compensation commission and authorized by law for each day or
portion of a day engaged in the discharge of their official
duties.
(e) The board or its designees 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 cosmetology,
or manicuring,
or aesthetics 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 may promulgate rules
generally regarding the practice and conduct of barbering and
beauty culture cosmetology,
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 cosmetology,
and the practice and conduct of
aestheticians.
(h) The board shall create a curriculum for the
establishment of a shampoo assistant by lawfully promulgated
legislative rule.
The power of the board to promulgate such rules shall be is
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 applies. 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 the 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 cosmetology
may cancel and revoke the
license issued such the violator, and may refuse to renew or
reissue the same.
§30-27-3. Qualifications of applicants; fees; examinations;
licensure.
An applicant for licensure as a barber, beautician
cosmetologists,
or manicurist or aesthetician shall must present satisfactory evidence that he or she is at least eighteen years
of age, of good moral character and temperate habits, has
completed at least the eighth twelfth grade of school, or the
equivalent thereof, and has been graduated from a school of
barbering or beauty culture cosmetology
approved by the state
board of barbers and beauticians cosmetologists,
or in the case
of a manicurist or aesthetician has successfully completed an
approved course in manicuring in such a school, and shall
transmit with his application an examination fee of twenty-five
dollars in an amount established by the board by legislative
rule. The examination shall be of such character as to determine
the qualifications and fitness of the applicant to practice
barbering, beauty culture cosmetology,
or manicuring or
aesthetics as defined by this article, and shall cover such
subjects germane to the inquiry as the board may deem considers
proper. If an applicant for licensure as a barber, or beautician
cosmetology, manicurist or aesthetician
successfully passes such
the examination and presents a certificate of health from a
licensed physician and is otherwise qualified as required by this
section, the board shall license the applicant as a duly
qualified barber, or beautician cosmetologist.
Any applicant
for license licensure as a manicurist or aesthetician may be
licensed as a duly qualified manicurist after he the applicant
has passed the examination. The board shall charge twenty-five dollars for the issuance of a license establish the fees for
issuance of a manicurist or aesthetician license by legislative
rule.
The state board of barbers and beauticians shall promulgate
rules and regulations to establish a joint barber-beautician
license.
Any person who meets the requirements of this section as to
age, character and health, who is a graduate of a recognized
school of barbering or beauty culture cosmetology
in another
state, or has successfully completed an approved course in
manicuring or aesthetics, in such a school and who holds a
current license as a registered barber, beautician cosmetologist,
or manicurist or aesthetician in another state, may file with the
board an application for licensure without examination, together
with a fee of fifty dollars in an amount established by
legislative rule. If in the opinion of the board such applicant
has had a prescribed course of instruction in barbering, beauty
culture or cosmetology,
manicuring or aesthetics equivalent to
that required in this state at the time such course was
completed, or is otherwise properly qualified, the board may
without examination issue to such applicant a license as a duly
qualified barber, beautician cosmetologist
or manicurist.
§30-27-4. Renewal of license; fee; penalty for late renewal;
withdrawal from active practice.
Every licensed barber, beautician cosmetologist,
or
manicurist or aesthetician who desires to continue in active
practice or service shall must, annually upon or before the
first day of January, renew his or her license and pay an annual
renewal fee of twenty-five dollars in amount established by the
board by legislative rule. For any renewal which is more than
thirty days late, a penalty of five dollars shall be added to the
regular renewal fee, and an additional five dollar penalty for
each successive thirty-day period said the renewal fee is late,
not to exceed a total renewal fee of two hundred five dollars.
Any license not renewed for three successive years shall be
deemed inactive and shall not be is liable for additional renewal
fees, and but may be reactivated by written request to the board
and payment of any accrued unpaid renewal fees, not to exceed a
total renewal fee of two hundred five dollars. Every licensed
barber, beautician or manicurist who does not desire to continue
in active practice shall notify the board in writing, and shall,
during such period, be listed by the board as being inactive, and
shall not be required to renew his or her license until such time
as he or she shall again become active, and during such inactive
period he or she shall not be liable for any renewal fees.
§30-27-5. Student's permit; qualifications; fee.
All students, before entering upon their studies in approved
schools of barbering or beauty culture cosmetology
in this state, shall must apply for and receive a student's permit from the
board. The application shall must be upon forms provided by the
board and shall include a health certificate from a duly licensed
physician. An applicant for licensure as a student shall must
present satisfactory evidence that he or she is at least
seventeen years of age, of good moral character and temperate
habits, and has completed at least the eighth twelfth grade of
school or the equivalent thereof. Upon receipt of a fee of five
dollars established by the board by legislative rule, the board
shall license each qualified applicant as a student barber,
beautician cosmetologist,
or manicurist or aesthetician and
shall issue the appropriate student's permit, which shall be is
good during the prescribed period of study for such the student.
A student may perform any or all acts constituting barbering,
beauty culture cosmetology,
or manicuring or aesthetics in a
school of barbering or beauty culture cosmetology
under the
immediate supervision of a registered instructor, but not
otherwise.
§30-27-6. Display of license.
Every person practicing barbering, beauty culture
cosmetology,
or manicuring or aesthetics and every student shall
must display his that person's license or renewal thereof in a
conspicuous place in the shop wherein he where that person
practices or is employed and whenever required shall must exhibit such the license to the state board of barbers and beauticians
cosmetolog
ists or its authorized representative.
§30-27-7. Shop to be managed by licensed barbers and
beauticians; sign.
Every barber shop or beauty shop salon in this state shall
must be operated under the supervision and management of a barber
or beautician cosmetologist
who is licensed as such in this
state. A barbershop barber shop and a beauty shop salon may be
conducted within the same shop. A suitable sign shall must be
displayed at the main entrance of all barber shops and beauty,
shops manicuring and aesthetic salons plainly indicating the
business conducted. therein
§30-27-8. License to own or operate schools of barbering or
cosmetology; application for license; qualifications;
inspection; license fee; rules; suspension, etc., of
license; qualifications and registration of
instructors; registration fee;
administrative procedures.
No person, firm or corporation, whether public or private,
and whether organized for profit or not, shall may own or operate
a school of barbering or beauty culture cosmetology
in this state
without first obtaining a license so to do from the board. The
application for such the license shall must be made in writing on
forms prescribed and furnished by the board and shall must be signed and verified by the applicant. The applicant shall must,
in addition to such other information as may be reasonably
required by the board, furnish evidence that: (a) The applicant
is professionally competent and financially responsible; (b)
adequate physical facilities will be available for the school;
and (c) persons teaching or instructing therein are licensed by
the board as fully qualified instructors. If an applicant
desires to own or operate more than one school of barbering or
beauty culture cosmetology,
a separate application shall must be
made and a separate license shall be issued for each.
All applicants for a license to own or operate a school of
barbering or beauty culture cosmetology
shall must permit an
inspection of such the proposed school by the inspectors
appointed pursuant to subsection (d), section one, article
fourteen, chapter sixteen of this code to determine whether it is
properly fitted and equipped for instruction in barbering or
beauty culture cosmetology.
The board of health shall promulgate
reasonable rules and regulations to implement and make effective
the powers, duties and responsibilities vested in such that board
in connection with the licensing of schools of barbering and
beauty culture cosmetology.
If the applicant has met all of the
standards and qualifications prescribed herein by the board of
health and has complied with the rules and regulations pertaining
to the issuance of the license applied for, the board shall must issue such the license to the applicant. Thereafter, the board
may suspend, revoke or refuse to renew the license of a school
whenever it fails to meet the minimum standards and
qualifications required for the issuance of an original license.
The director of health or his designees shall administer and
enforce such the actions of the board.
The initial license fee and subsequent annual renewal fees
for each school of barbering and for each school of beauty
culture cosmetology
shall be five hundred dollars and the annual
renewal fee shall be two hundred fifty dollars established by the
board by legislative rule to be paid in such the manner as the
board may prescribe prescribes, on or before January first of
each year. The license shall must be permanently displayed in
the school, and a suitable sign shall must be kept on the front
of the school which shall must plainly indicate that a school of
barbering or beauty culture cosmetology
is operated therein in
the school.
The board of barbers and beauticians cosmetologists
shall
must promulgate reasonable rules and regulations prescribing the
standards and requirements to be met by applicants for licensure
of duly qualified instructors in schools of barbering or beauty
culture cosmetology. Such The rules and regulations may provide
for the issuance of certificates for instructors, including
temporary certificates, and shall prescribe minimum qualifications as to age, education and training for applicants
for such the certificates. Minimum qualifications to become
applicants as student instructors shall include one year's
experience as a licensed full-time practicing barber, or
beautician cosmetologist, manicurist or aesthetician
and two
hundred fifty hours of advanced instruction beyond the normal
licensure requirements. Each licensed instructor in barbering
and beauty culture shall must pay an initial registration fee of
fifty dollars as established by the board by legislative rule,
and shall must renew his certificate annually and pay a renewal
fee of fifty dollars as established by the board by legislative
rule,
on or before the first day of January of each year. An
expired certificate may be reinstated only upon the payment of
all lapsed renewal fees. unless such instructor shall have
notified the board that he or she desires to be placed on an
inactive status during which time he or she shall not be liable
for any renewal fees The applicant for reinstatement shall is
also be required to meet the qualifications for registration in
effect at the time application for reinstatement is made. A
licensed instructor shall not also be is not required to be
licensed for active practice or service. as provided for in
section four of this article, unless such instructor is in fact
acting as a barber, beautician, aesthetician or manicurist
outside the scope of his employment as an instructor: Provided, That the term "aesthetician," used in this section, shall have no
effect until and unless the provisions of section one of this
article are amended to authorize issuance of rules and
regulations relating to aestheticians
Recognizing that all of the provisions of chapter
twenty-nine-a of this code are fully applicable to any and all
administrative procedures, and the right of judicial review, in
connection with the provisions of this article, but also
recognizing that the question has been raised as to whether rules
and regulations adopted under the provisions of this section must
be promulgated in accordance with the provisions of said chapter
twenty-nine-a, it is hereby expressly provided that all such
rules and regulations shall be promulgated in compliance with the
provisions of said chapter twenty-nine-a.
§30-27-9. Health certificate and photograph required.
No person shall may practice barbering, beauty culture
cosmetology, or manicuring or aesthetics or serve as a student in
this state while having an infectious, contagious or communicable
disease. No person shall may be licensed as a barber, beautician
cosmetologist, manicurist or aesthetician or student until he or
she shall have has obtained a certificate of health from a
licensed physician under article three of this chapter certifying
such that person to be free of all infectious, contagious and
communicable diseases. Such The certificate shall must be filed with the state board of barbers and beauticians cosmetologists
within ten days after the examination of the person is made by
the physician and a photograph of the applicant must accompany
the application with such the certificate. The certificate shall
be in such a form as the board may prescribe. The board shall be
empowered to may compel any registered barber, beautician
cosmetologist, manicurist or aesthetician or student to submit to
a physical examination and file a certificate of health at any
reasonable time.
§30-27-10. Requirements to operate shops and schools; sanitary
rules.
It shall be is unlawful for any person, firm or corporation
to own or operate a beauty shop salon or barbershop barber shop,
or a school of beauty culture or barbering, or to act as a
barber, beautician cosmetologist, or manicurist or aesthetician,
unless:
(a) The beauty shop, barbershop, barber shop, beauty,
manicuring or aesthetic salons, or school of beauty culture
cosmetology, or barbering shall before opening its place of
business to the public, have been is approved by the board as
having met all the requirements and qualifications for the places
of business as are required by this article and for this purpose.
It shall be is the duty of the owner or operator of each beauty
shop, barbershop barber shop, beauty, manicuring or aesthetic salon, or school of beauty culture cosmetology or barbering to
notify the board, in writing, at least ten days before the
proposed opening date of the shop or school. whereupon It is
then shall become the duty of the board, through the inspectors
herein provided for, to inspect that shop or school. Upon giving
notice of the opening of any shop or school, the owner or
operator shall must pay to the board an inspection fee of
twenty-five dollars as established by the board by legislative
rule.
In the event If the shop or school fails to meet the
requirements of this article, and is not approved, the inspection
fee shall must be returned to the person paying same the fee.
Any shop or school meeting the prescribed requirements shall must
be granted a license permitting it to do business. If, however,
after the lapse of ten days after the giving of the notice of
opening to the board, an inspection is not made or a certificate
of opening has not been granted or refused, the owner or operator
of the shop or school may open provisionally subject to later
inspection and to all other provisions and rules provided for in
this article;
(b) All shops and schools, bathrooms, toilets and adjoining
rooms used in connection therewith, are kept clean, sanitary,
well lighted and ventilated at all times. The use of chunk alum,
powder puffs and styptic pencils in any shop is prohibited;
(c) Each barber, beautician cosmetologist, manicurist, aesthetician, instructor and student shall must thoroughly
cleanse his or her hands with soap and water immediately before
serving any patron;
(d) Each patron is served with clean, freshly laundered
linen that is kept in a closed cabinet used for that purpose
alone. All linens, immediately after being used, shall must be
placed in a receptacle used for that purpose alone.
The board of health shall prescribe any other rules in
regard to sanitation and cleanliness in such shops and schools as
it may deem considers proper and necessary: Provided, That these
shops may contain a tropical bird for display purposes:
Provided, however, That the board of health in consultation with
the board of barbers and cosmetologists and the board of
veterinary medicine shall must promulgate rules establishing
minimum sanitary and safety requirements designed to protect the
health of both the public and the tropical birds. The director
of health or inspectors designated pursuant to subsection (d),
section one, article fourteen, chapter sixteen of the code shall
have the power to may enforce compliance. All rules shall must
be kept posted in a conspicuous place in each shop or school.
§30-27-10a. Booth or chair rental; registration; fee; reporting
requirements.
All persons licensed to practice as a barber, beautician
cosmetologist, or manicurist or aesthetician in this state who elects to rent or lease a booth or chair from an owner or
operator of any barber shop or beauty shop salon shall must first
register with the board of barbers and beauticians cosmetologists
and pay a registration fee of ten dollars as established by the
board by legislative rule.
When registering, the registrant
shall must advise the board of the length of any rental or lease
agreement, the name of the person and barber shop or beauty, shop
manicuring or aesthetic salon from which a chair or booth is
being rented or leased, and the effective date of such the
rental. If a person registered with the board pursuant to this
section elects to move from one barber shop or beauty, manicuring
or aesthetic salon shop to rent or lease a chair or booth from
another barber shop or beauty, manicuring or aesthetic salon, he
or she shall must again register with the board and pay a fee of
two dollars and fifty cents as established by the board by
legislative rule.
Each owner or operator of a barber shop or beauty,
manicuring or aesthetic salon shop who elects to rent or lease
chairs or booths therein shall must notify the board in writing
of such the rental within ten days of the effective date of the
rental.
The board shall quarterly notify the state tax commissioner
of all persons registered pursuant to this section during the
previous quarter. Such The notice shall must be in writing and shall include the name of the persons registered, the name of the
person and barber shop, or beauty, manicuring or aesthetic salon
shop from whom space is being rented or leased, and the length of
any such rental or lease agreement.
§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, 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 cosmetology 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 cosmetology 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 cosmetologists; or (10) violation of any
licensing or registration requirement of section ten-a of this
article.
§30-27-12. Violation to constitute misdemeanor; penalty;
concurrent jurisdiction; injunction.
Any violation of the provisions of this article or of the
rules and regulations of the board of health when promulgated by
it as set out in section three, article fourteen, chapter sixteen
of this code, shall constitute a misdemeanor, punishable, upon
conviction, by a fine of not less than ten dollars, nor more than
one hundred dollars, or by imprisonment in the county or regional
jail for not more than sixty days, or by both such fine and
imprisonment. Magistrates shall have concurrent jurisdiction
with circuit courts for the enforcement of the provisions of this
article and the rules and regulations of the board of health.
Notwithstanding the existence or pursuit of any other
remedy, the director of health or board of barbers and
beauticians cosmetologists may, in the manner provided by law,
maintain an action in the name of the state for an injunction
against any person, partnership, association or corporation to
restrain or prevent the establishment, conduct, management or
operation of any barbershop barber shop, beauty, manicuring or
aesthetician salon or shop, school of barbering or beauty culture cosmetology, or related agency, when such the person,
partnership, association or corporation repeatedly refuses to
obtain registration or license therefor and continues the
practice or teaching of barbering or beauty culture cosmetology
without first obtaining registration or a license therefor in the
manner hereinbefore provided in this article.
§30-27-16. Separability; conflicting acts repealed.
The various provisions of this article shall be are
considered as separable and several, and should if any of the
provisions or parts thereof be are construed or held to be
unconstitutional, or for any other reason invalid the remaining
provisions of this article shall may not be thereby affected.
All acts and parts of acts in conflict with the provisions of
this article, or any part thereof, are hereby repealed. Any
ordinances of any municipalities in this state now in effect and
having for their purposes the regulation of the practice of
barbering or beauty culture cosmetology, which are in conflict
with the provisions of this article, or any part thereof, shall
be null and are void and of no effect on and after the date this
article goes into effect.
NOTE: This bill deals with the Board of Barbers and
Cosmetologists. It removes the salary of the board director. It
adds aestheticians and cosmetology and changes beauty culture to
cosmetology. It changes the method of paying board members. It
requires the board to establish a curriculum for establishment of a shampoo assistant. It also changes qualifications of
applicants and fees and renewal of license fees. It
distinguishes barber shop and beauty salon. And, it requires
licensed instructors to be licensed for active practice or
service.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.