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:
§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.