H. B. 2769
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced January 29, 2003; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section eight, article twenty-seven,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing an
exemption for charitable service cosmetology programs when
under the guidance of a licensed cosmetologist; and specifying
registration procedure and fees.
Be it enacted by the Legislature of West Virginia:
That section eight, 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.
§30-27-8. License to own or operate schools of barbering or
beauty culture; application for license;
qualifications; inspection; license fee; rules; suspension, etc., of license; qualifications and
registration of instructors; charitable
organizations supervised by cosmetologists;
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 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 any 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, a separate application shall 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 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
shall promulgate 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. 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 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 or her designees shall administer and enforce such the actions
of the board.
The initial license fee for each school of barbering and for
each school of beauty culture shall be five hundred dollars and the
annual renewal fee shall be two hundred fifty dollars to be paid in
such a manner as the board may prescribe, on or before the first
day of January first of each year. The license shall be
permanently displayed in the school, and a suitable sign shall be
kept on the front of the school which shall plainly indicate that
a school of barbering or beauty culture is operated therein.
The board of barbers and beauticians shall 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.
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 and two hundred fifty hours of advanced
instruction beyond the normal licensure requirements. Each
licensed instructor in barbering and beauty culture 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 the 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 may not be liable for any renewal
fees. The applicant for reinstatement shall also be required to
meet the qualifications for registration in effect at the time
application for reinstatement is made. A licensed instructor
shall may not also be required to be licensed for active practice
or service as provided for in section four of this article, unless such the 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.
The board shall develop a registration process whereby
charitable organizations may provide hair cuts, hair styles,
manicures or facials where the program is supervised by a licensed
cosmetologist. The annual registration fee for a charitable
services organization providing these services shall be one half of
the license rate for a barber.
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.
NOTE: The purpose of this bill is to allow for charitable barber and cosmetology services.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.