H. B. 4147
(By Delegates Doyle, Lawrence, Mahan,
Perdue, Campbell and White)
[Introduced January 21, 2010; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §30-27-3 of the Code of West Virginia,
1931, as amended, relating to the professions and occupations;
and exempting from licensing requirements of the Board of Barbers
and Cosmetologists persons who only perform the duty of hair
washing for a licensed barber or cosmetologist, but requiring
a student license to be known as an apprentice license for
those persons.
Be it enacted by the Legislature of West Virginia:
That §30-27-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.
§30-27-3. Definitions.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:
(a) "Aesthetics" or "esthetics" means any one or any
combination of the following acts when done on the human body for
compensation and not for the treatment of disease:
(1) Administering cosmetic treatments to enhance or improve
the appearance of the skin, including cleansing, toning, performing
effleurage or other related movements, stimulating, exfoliating or
performing any other similar procedure on the skin of the human
body or scalp;
(2) Applying, by hand or with a mechanical or electrical
apparatus, any cosmetics, makeups, oils, powders, clays,
antiseptics, tonics, lotions, creams or chemical preparations
necessary for the practice of aesthetics to another person's face,
neck, back, shoulders, hands, elbows and feet up to and including
the knee;
(3) The rubbing, cleansing, exercising, beautifying or
grooming of another person's face, neck, back, shoulders, hands,
elbows and feet up to and including the knee;
(4) The waxing, tweezing and threading of hair on another
person's body;
(5) The wrapping of another person's body in a body wrap;
(6) Applying artificial eyelashes and eyebrows; and
(7) The lightening of hair on the body except the scalp.
(b) "Aesthetician" or "esthetician" means a person licensed
under the provisions of this article who engages in the practice of aesthetics.
(c) "Applicant" means a person making application for a
professional license, license, certificate, registration, permit or
renewal under the provisions of this article.
(d) "Barber" means a person licensed under the provisions of
this article who engages in the practice of barbering.
(e) "Barbering" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:
(1) Shaving, shaping and/or trimming the beard;
(2) Cutting, singeing, shampooing, arranging, dressing,
tinting, bleaching, or applying lotions or tonics on human hair, or
a wig or hairpiece; and
(3) Applications, treatments or rubs of the scalp, face, or
neck with oils, creams, lotions, cosmetics, antiseptics, powders,
or other preparations in connection with the shaving, cutting or
trimming of the hair or beard.
(f) "Barber crossover" or "cosmetologist crossover" is a
person who is licensed to perform barbering and cosmetology.
(g) "Barber permanent waving" means the following acts done on
the human body for compensation and not for the treatment of
disease:
(1) The bleaching or tinting of hair; and
(2) The permanent waving of hair.
(h) "Barber permanent wavist" means a person licensed to
perform barbering and barber permanent waving.
(i) "Board" means the West Virginia Board of Barbers and
Cosmetologists.
(j) "Certificate" means an instructor certificate to teach in
a school under the provisions of this article.
(k) "Certificate holder" means a person certified as an
instructor to teach in a school under the provisions of this
article.
(l) "Cosmetologist" means a person licensed under the
provisions of this article who engages in the practice of
cosmetology.
(m) "Cosmetology" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:
(1) Cutting, styling, shaping, arranging, braiding, weaving,
dressing, adding extensions, curling, waving, permanent waving,
relaxing, straightening, shampooing, cleansing, singeing,
bleaching, tinting, coloring, waxing, tweezing, or similarly work
on human hair, or a wig or hairpiece, by any means, including
hands, mechanical or electrical devices or appliances;
(2) Nail care;
(3) Applying by hand or with a mechanical or electrical device
or appliance, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations
necessary for the practice of aesthetics to another person's face,
neck, shoulders, hands, elbows and feet up to and including the
knee;
(4) The rubbing, cleansing, exercising, beautifying or
grooming of another person's face, neck, shoulders, hands, elbows
and feet up to and including the knee;
(5) The wrapping of another person's body in a body wrap; and
(6) Performing aesthetics.
(n) "General supervision" means:
(1) For schools, a master or certified instructor is on the
premises and is quickly and easily available; or
(2) For salons, a professional licensee is on the premises and
is quickly and easily available.
(o) "Hair braiding" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease: Braiding, plaiting, twisting,
wrapping, threading, weaving, extending or locking of natural human
hair by hand or mechanical device.
(p) "Hair washer" means a person employed by a barber or
cosmetologist who only performs the duty of hair washing. A hHair
washers isare not required to be licensed under the provisions of this
article: Provided, That the Board of Barbers and Cosmetologists
Beauticians
shall promulgate rules to establish an apprentice license for persons employed as hair washers.
(p) (q)" License" means a professional license, a salon
license or a school license.
(q) (r) "Licensee" means a person, corporation or firm holding
a license issued under the provisions of this article, but does not
include any person employed as a hair washer as defined in this
section.
(r) (s) "Nail care" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:
(1) The cleansing, dressing, or polishing of nails of a
person;
(2) Performing artificial nail service; and
(3) The cosmetic treatment of the feet up to the knee and the
hands up to the elbow.
(s) (t) "Nail technician" or "manicurist" means a person
licensed under the provisions of this article who engages in the
practice of nail care.
(t) (u) "Permit" means a work permit.
(u) (v) "Permittee" means a person holding a work permit.
(v) (w) "Professional license" means a license to practice as
a aesthetician, barber, barber crossover, barber permanent wavist,
cosmetologist, cosmetologist crossover or nail technician, but does
not include an apprentice license for any person employed as a hair
washer as defined in this section.
(w) (x) "Registration" means a registration issued by the board to a person who rents or leases a booth or chair from a
licensed salon owner and/or operator or a registration issued by
the board to a person who is a student in a school.
(x) (y) "Registrant" means a person who holds a registration
under the provisions of this article.
(y) (z) "Salon" means a shop or other facility where a person
practices under a professional license.
(z) (aa) "Salon license" means a license to own and operate a
salon.
(aa) (bb) "School" means a facility to educate persons to be
licensed with professional licenses under the provisions of this
article.
(bb) (cc) "School license" means a license to own and operate
a school.
(cc) (dd) "Student registration" means a registration issued
by the board to a student to study at a school licensed under the
provisions of this article.
NOTE: The purpose of this bill is to exempt from licensing
requirements of the Board of Barbers and Cosmetologists persons who
only perform the duty of hair washing for a licensed barber or
cosmetologist, but requires the Board of Barbers and Cosmetologists
to create an apprentice license for these persons.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.