Senate Bill No. 453
(By Senators Bowman, McKenzie and Kessler)
____________
[Introduced March 9, 2001; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
____________
A BILL to amend and reenact sections one, two and three, article
fourteen, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend and
reenact sections one, two, three, four, five, six, seven,
eight, nine, ten, ten-a, eleven, twelve, thirteen, fourteen,
fifteen and sixteen, article twenty-seven, chapter thirty of
said code, all relating to placing barbers and cosmetologists
under jurisdiction of commissioner of health; commissioner's
duties; definitions; board of health to propose rules; board
of barbers and cosmetologists; qualifications for licensure of
barbers, cosmetologists, manicurists, aestheticians and
shampoo assistants; licensing for managing shops; health certificates required; registering leased chairs and booths;
and violations and penalties.
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article fourteen, chapter
sixteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that sections
one, two, three, four, five, six, seven, eight, nine, ten, ten-a,
eleven, twelve, thirteen, fourteen, fifteen and sixteen, article
twenty-seven, chapter thirty of said code be amended and reenacted,
all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 14. BARBERS AND COSMETOLOGISTS.
§16-14-1. Jurisdiction over barbers and cosmetologists; powers and
duties of commissioner of health.
(a) There is hereby vested in the state department division of
health jurisdiction over barbers and cosmetologists, except as
otherwise specifically provided in this code.
(b) The director commissioner of health or a designee shall be
responsible for the enforcement of all laws and rules pertaining to
sanitary conditions of barbering and beauty shops.
(c) The director commissioner or a designee shall provide
administrative support to the board of barbers and cosmetologists as may be appropriate and reasonable.
(d) The director commissioner of health shall appoint not more
than six inspectors an adequate number of inspectors, who shall be
licensed barbers and cosmetologists of this state, as herein
provided. and It shall be their duty to make frequent inspections
of all barber and beauty shops, beauty, manicure and aesthetic
salons, and all schools of barbering and beauty culture cosmetology
in this state and to report all violations to the director
commissioner of health. The salary of each inspector shall range
from twelve hundred eighty-three dollars per month to fifteen
hundred dollars per month, depending upon the qualifications of the
inspector. Allowances for expenses of such inspectors shall be
that fixed and allowed by the director of health.
§16-14-2. Barbering, and cosmetology, manicuring
and aesthetics
defined.
(a) For the purpose of this article "barbering" shall mean
"Barbering" means any one or combination of the following acts,
when done on the human body, and not for the treatment of disease,
to wit namely: Shaving, shaping and trimming the beard; cutting,
singeing, shampooing or dyeing coloring the hair, or applying
tonics thereto. Adding of hair prosthesis; applications
application, treatment or massages massage of the face, neck or scalp with oils, creams, lotions, antiseptics, cosmetics, powders,
clays or other preparations; and any such of these acts when done
to encourage the use or sale of articles of trade, or for pay,
rewards or other compensation, whether to be received directly or
indirectly.
(b) "Cosmetology" means "Beauty culture" shall mean any one or
combination of the following acts, when done on the human body, and
not for the treatment of disease, to wit namely: The care,
preservation and beautification of the hands and nails, commonly
called manicuring; the cleansing, curling, waving, permanent
waving, straightening, arranging, adding of hair prosthesis,
dressing, bleaching, tinting, coloring and shaping the hair,
including such cutting of the hair; as is necessary for the
purposes mentioned in this paragraph; the application to, or
treatment and massage of, the scalp, face, neck, arms, hands, or
upper part of the body with oils, creams, lotions, powders, clays,
cosmetics, antiseptics or other preparations; and any such acts
when done to encourage the use or sale of articles of trade, or for
pay, reward or other compensation, whether to be received directly
or indirectly. The retail sale or the trial demonstration by
application to the skin for the purpose of making retail sale of cosmetics, preparations, tonics, antiseptics, creams or lotions
shall not be considered is not the practice of beauty culture
cosmetology.
(c) "Manicuring" means when done on the human body and not for
the treatment of disease, shall mean the care, preservation,
massage and beautification of the hands, and nails and feet. only
(d) "Aesthetics" means when performed on the human body, and
not for the treatment of disease, the practice and use of cosmetic
preparations, makeups, antiseptics, tonics, lotions,, creams,
chemical preparation, or otherwise with hands or mechanical or
electrical apparatus or appliances or massaging, cleansing,
stimulation, manipulation, exercising, beautification, grooming or
similar work to the face, neck, arms and hands.
(e) The performance of any of the acts enumerated in this
section shall is not be deemed considered barbering, beauty culture
cosmetology or manicuring when done by duly licensed physicians,
surgeons, nurses or morticians, in the proper discharge of their
his or her professional duties.
§16-14-3. Rules to be promulgated by board of health; enforcement.
The board division of health shall propose for legislation
promulgate rules pursuant to the requirements of article three, chapter twenty nine a of this code and regulations pertaining to
the sanitary conditions of barbering and beauty barber shops,
beauty, manicure and aesthetic salon, licensure, and qualifications
of barbers, beauticians and cosmetologists, manicurists, and
aestheticians, and curricula and standards of instruction for
schools of barbering and beauty culture cosmetology. The
enforcement of all rules and regulations promulgated by the board
division of health shall be under the supervision and direction of
the director commissioner.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
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 propose for legislation 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 consists 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 must 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 cosmetology school licensed by or doing business within this state or shall be employed by such an
institution a barber or cosmetology school.
(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 and
expense reimbursement which may not exceed the amount paid to the
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 thereof engaged in the discharge of
official duties. 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, upon
presentation of an itemized sworn statement thereof
(e) The board or it's designee shall examine all applicants
for licensure, and shall issue licenses to those entitled thereto qualified applicants and collect examination and licensure fees, in
accordance with regulations rules promulgated by the board division
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 promulgate propose for
legislation rules pursuant to article three, chapter twenty nine of
this code 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,
manicurists and shampoo technicians.
The power of the board to promulgate such rules shall be
concurrent with that of the board division 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 division
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 rule authorized by the terms
of this article or promulgated by the board division of health, the
board of barbers and beauticians cosmetologists may fine, cancel
and or revoke the license issued such the violator, and may refuse
to renew or reissue the same a license.
§30-27-3. Qualifications of applicants; fees; examinations;
licensure.
(a) An applicant for licensure as a barber, beautician or
cosmetologist, manicurist, aesthetician or shampoo assistant shall
must present satisfactory evidence that he or she: (1) Is at least
eighteen years of age; of good moral character and temperate
habits, (2) has completed at least the eighth twelfth grade of
school, or the equivalent thereof; (3) 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 cosmetology school, and shall transmit with his or her application an examination fee. of
twenty-five dollars The examination shall be of such character as
to determine the qualifications and fitness of the applicant to
practice barbering, beauty culture cosmetology, aesthetics or
manicuring as defined by this article, and shall cover such
subjects germane to the inquiry as the board may deem consider
proper. If an applicant for licensure as a barber, or beautician
cosmetologist, 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 or aesthetician after he or she has passed the
examination. The board shall charge twenty-five dollars for the
issuance of a license. The fee for issuance of a manicurist or
aesthetician license is established by the board 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 an
approved school of barbering or beauty culture cosmetology in
another state, or has successfully completed an approved course in
manicuring or aesthetics in such a an approved school, and who
holds a current license as a registered barber, beautician or
cosmetologist, manicurist or aesthetician in another state, may
file with the board an application for licensure without
examination, together with a fee. of fifty dollars If in the
opinion of the board such the applicant has had a prescribed course
of instruction in barbering, beauty culture cosmetology, or
manicuring or aesthetics equivalent to that required in this state
at the time such the course was completed, or is otherwise properly
qualified, the board may without examination issue to such the
applicant a license as a duly qualified barber, beautician or
cosmetologist, manicurist or aesthetician.
§30-27-4. Renewal of license; fee; penalty for late renewal;
withdrawal from active practice.
Every licensed barber, beautician or cosmetologist, manicurist
or aesthetician who desires to continue in active practice or
service shall, annually upon or before the first day of January,
renew his or her license and pay an annual renewal fee. of twenty-five dollars For any renewal which is more than thirty
days late, a penalty of five dollars shall will 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 liable for additional renewal fees, 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
cosmetologist, manicurist or aesthetician 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 acquire continuing education
credits. 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
duly licensed physician. An
applicant for licensure as a student shall 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
of five dollars
the board shall license each qualified applicant as a student
barber, cosmetologist, beautician or manicurist or aesthetician and
shall issue the appropriate student's permit. which shall be good
The permit is valid during the prescribed period of study for such
the student. A student may perform any or all acts constituting
barbering, beauty culture or
beauty culture cosmetology
only under
the immediate supervision of a registered instructor. but not
otherwise
§30-27-6. Display of license.
Every person practicing barbering, beauty culture or
cosmetology, manicuring or aesthetics and every student shall
display his or her license or renewal thereof in a conspicuous place in the shop or salon wherein he or she practices or is
employed and whenever wherever required shall exhibit
such the
licensee must provide the
license to the state board of barbers and
beauticians cosmetologists or its authorized representative.
§30-27-7. Shops and salons to be managed by licensed barbers and
cosmetologists; sign.
Every barber shop, or beauty, shop
beautician cosmetologist, manicurist or
aesthetician who is licensed as such in this state. A barbershop
barber shop and a beauty, shop manicuring or aesthetic salon may be
conducted within the same shop location. A suitable sign shall
must be displayed at the main entrance of all barber and beauty
shops, beauty, 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 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 be made in writing on forms prescribed
and furnished by the board and shall be signed and verified by the
applicant. The applicant shall, 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 at the school 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 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. The board of health barbers and cosmetologists shall promulgate propose for
legislation rules pursuant to article three, chapter twenty-nine-a
of this code reasonable
rules and regulations to implement and make
effective the powers, duties and responsibilities vested in such
the 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 barbers and cosmetologists and has complied with the rules
and regulations pertaining to the issuance of the license applied
for, the board shall issue such a license to the applicant.
Thereafter, the board may fine, 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 commissioner of health or his
designees shall administer and enforce such the actions of the
board.
The initial license fee and subsequent annual renewal fee for
each school of barbering and for each school of beauty culture
cosmetology shall be established by the board by legislative rule
five hundred dollars and the annual renewal fee shall be two
hundred fifty dollars is to be paid in such manner as the board may prescribe, on or before the first day of 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 plainly indicate indicates that it is a school
of barbering or cosmetology. beauty culture is operated therein
The board of barbers and beauticians cosmetologists
shall
promulgate reasonable propose for legislation
rules and regulations
pursuant to article three, chapter twenty-nine-a of this code
prescribing the standards and requirements to be met by applicants
for licensure of duly as
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 for
instructors shall include one
year's experience as a licensed full-time practicing barber or
beautician and two hundred fifty six hundred hours of advanced
instruction beyond the normal licensure requirements for barbers or
cosmetologists. Each licensed instructor in and beauty culture
barbering, cosmetology, manicuring or aesthetics shall pay an initial registration fee, of fifty dollars, and shall renew his or
her certificate annually and pay a renewal fee of fifty dollars 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 also be is required to meet the
qualifications for registration in effect at the time application
for reinstatement is made. A licensed instructor shall not is also
be 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 practice barbering, beauty culture or
cosmetology, manicuring, or aesthetics or serve as a student in
this state while having an infectious, contagious or communicable
disease. No person shall be licensed as a barber, beautician,
cosmetologist, manicurist, 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 the
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 form as the board may prescribe. The board shall be is empowered to compel any
registered barber, beautician cosmetologist, manicurist,
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, salons
and schools;
sanitary rules.
It shall be unlawful for any person, firm or corporation to
own or operate a beauty shop or barbershop barber shop, or a school
of beauty culture cosmetology or barbering, or to act as a barber,
beautician cosmetologist, or manicurist or aesthetician unless:
(a) The beauty barber shop, barbershop, beauty, manicuring or
aesthetic salon, or school of beauty culture cosmetology or
barbering shall before opening its place of business to the public,
have been 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 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, salon or
school, whereupon it shall become is the duty of the board, through
the inspectors herein provided, for to inspect that the shop, salon or school. Upon giving notice of the opening of any shop, salon or
school, the owner or operator shall pay to the board an inspection
fee. of twenty-five dollars In the event the shop, salon, or
school fails to meet the requirements of this article, and is not
approved, the inspection fee shall will be returned to the person
paying same retained by the board. Any shop, salon, or school
meeting the prescribed requirements shall 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, salon or
school may open provisionally subject to later inspection and to
all other provisions and rules provided for in this article;
(b) All shops, salons 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 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 be placed in a
receptacle used for that purpose alone.
The board division of health shall prescribe any other rules
in regard to sanitation and cleanliness in such shops, salons and
schools as it may deem proper and consider 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 promulgate rules establishing minimum sanitary and
safety requirements designed to protect the health of both the
public and the tropical birds The director commissioner of health
or inspectors designated pursuant to subsection (d), section one,
article fourteen, chapter sixteen of the code shall have the power
to enforce compliance. All rules shall must be kept posted in a
conspicuous place in each shop, salon 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, manicuring or aesthetics salon shall
must first register with the board of barbers and beauticians
cosmetologists and pay a registration fee. of ten dollars 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 or beauty shop, beauty, manicure 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 or beauty
shop or salon to rent or lease a chair or booth from another barber
or beauty shop or salon, he or she shall again register with the
board and pay a fee. of two dollars and fifty cents
Each owner or operator of a barber or beauty shop who elects
to rent or lease chairs or booths therein shall notify the board in
writing of such rental within ten days of the effective date of the
rental.
The board shall quarterly notify the state tax director
commissioner of all persons registered pursuant to this section
during the previous quarter. Such The notice shall must be in writing and shall must include the name of the persons registered,
the name of the person and barber or beauty 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 or
fine 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 division of health; (9) violation of any of
the rules and regulations prescribed by the board of barbers and
beauticians; or cosmetologists; (10) violation of any licensing or
registration requirement of section ten-a of this article; or (11)
use of any chemical preparation banned or unapproved by the United
States food and drug administration (FDA).
§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 division of health when
promulgated by it as set out in section three, article fourteen,
chapter sixteen of this code, shall constitute is 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 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 division of
health.
Notwithstanding the existence or pursuit of any other remedy,
the director commissioner of health or director of the 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 shop,
manicuring or aesthetician salon, 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 previously provided.
§30-27-13. Chapter thirty, article one, applicable to board.
Unless otherwise specifically provided herein, the provisions
of article one, chapter thirty of the code of West Virginia shall
apply to the state board of barbers and beauticians cosmetologists.
§30-27-14. Collections and expenditures; disposition of funds.
All money collected under the provisions of this article shall
must be deposited in the state treasury as provided by law, and
shall will be credited to the board of barbers and beauticians
cosmetologists in a special fund that has been known as the
"barbers and beauticians special fund" and is hereby continued and shall be designated the "barbers and cosmetologists fund." All
money in such the fund shall be expended only for the
administration and enforcement of the provisions of this article
and are not authorized from collections but are to be made only in
accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code
and upon the fulfillment of the provisions set forth in article
two, chapter five-a of this code: Provided, That for the fiscal
year ending the thirtieth day of June, one thousand nine hundred
ninety-eight, expenditures are authorized from collections rather
than pursuant to an appropriation by the Legislature. Amounts
collected which are found from time to time to exceed the funds
needed for purposes set forth in this article may be transferred to
other accounts or funds and redesignated for other purposes by
appropriation of the Legislature.
§30-27-15. Validity of certificates of registration and rules
issued by board of barbers and beauticians.
Any certificate of registration issued prior to the effective
date of this article by the committee of barbers and beauticians
shall be valid as a license under the provisions of this article,
except as modified by the board of barbers and beauticians cosmetologists; and all rules and regulations issued by the
committee of barbers and beauticians prior to the effective date of
this article shall remain in effect unless modified in accordance
with the provisions of article fourteen, chapter sixteen of this
code.
§30-27-16. Separability; conflicting acts repealed.
The various provisions of this article shall be considered as
separable and several, and should any of the provisions or parts
thereof be construed or held to be unconstitutional, or for any
other reason invalid the remaining provisions of this article shall
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 void and of no effect on and after the
date this article goes into effect.
All fees mentioned in these code sections were established by
the board of barbers and cosmetologists by lawfully promulgated
legislative rule pursuant to article three, chapter twenty-nine-a of the West Virginia code.
NOTE: The purpose of this bill is to place barbers and
cosmetologists under the jurisdiction of the commissioner of health
and to modify licensing and other aspects of protecting the public
health.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.