H. B. 2726
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced January 28, 2003; 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 mandating the
board of barbers and cosmetologists to establish a curriculum
for a shampoo assistant.
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 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 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, 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 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 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, and the practice and conduct of aestheticians.
(h) The board shall create a curriculum for the establishment
of a shampoo assistant by lawfully promulgated rule.
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 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 any rules.
NOTE: The purpose of this bill is to mandate the Board of
Barbers and Cosmetologists to create a curriculum for shampoo
assistant.
Strike-throughs represent language which would be stricken from law; and underlining represents language which would be added.