CHAPTER 7. STATE BOARD OF COSMETOLOGY GENERAL …

[Pages:58]Ch. 7

STATE BOARD OF COSMETOLOGY

49

CHAPTER 7. STATE BOARD OF COSMETOLOGY

GENERAL PROVISIONS

7.1.

Definitions.

7.2.

Fees.

INDIVIDUAL LICENSES

7.11. 7.12. 7.12a. 7.13. 7.14. 7.14a. 7.15. 7.16. 7.17.

Types of individual licenses. Scope of teacher's license. Scope of limited practice teacher license. [Reserved]. Scope of cosmetologist's license. Scope of esthetician's license. Scope of manicurist's license. [Reserved]. Scope of natural hair braider license.

EXAMINATIONS

7.31. 7.31a. 7.32. 7.32a. 7.32b. 7.32c. 7.32d. 7.32e. 7.32f. 7.32g. 7.32h. 7.33. 7.34. 7.35. 7.36.

Examination prerequisite for licensure; exceptions. Examination dates and locations. Deadline for examination applications. Contents of examination application. Requirements for teacher's examination. [Reserved]. Requirements for cosmetologist's examination. Requirements for esthetician examination. Requirements for nail technician examination. Issuance of temporary licenses to qualified examination applicants. Requirements for natural hair braider examination. [Reserved]. Models for practical portion of examination. Failure of examination. [Reserved].

DISPLAY, LOSS AND RENEWAL OF LICENSES AND PERMITS

7.41. 7.42. 7.43. 7.44. 7.45.

Display of licenses. Lost or misplaced licenses and permits. Expiration and renewal of licenses. Escrow of inactive license. Reexamination if the license is not current for 5 or more years.

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DEPARTMENT OF STATE

Pt. I

LICENSURE AND MANAGEMENT OF SALONS

7.50. 7.51. 7.52. 7.53. 7.54. 7.55. 7.61. 7.62. 7.63. 7.64. 7.65. 7.66.

Applicability of requirements. Application for a salon license. Change of location or physical dimensions. Change of ownership. [Reserved]. [Reserved]. [Reserved]. Management of salons. [Reserved]. Responsibilities of salon owner or designated person in charge. Rental of booth space. Discrimination.

PHYSICAL REQUIREMENTS OF A BEAUTY SALON

7.71. 7.71a. 7.71b. 7.71c. 7.72. 7.73. 7.74. 7.75. 7.76. 7.77. 7.78. 7.79.

Equipment and supplies for a cosmetology salon. Equipment and supplies for esthetician salon. Equipment and supplies for a nail technology salon. Equipment and supplies for a natural hair braiding salon. [Reserved]. [Reserved]. [Reserved]. Entrances. Floor space. Use of salon for other purposes prohibited. Sign. Lavatories.

ACTIVITIES OUTSIDE A SALON

7.81. 7.82. 7.83.

Rendering of services outside a salon. Record of services rendered outside a salon. Responsibility of a salon for outside services.

HEALTH AND SAFETY IN SALONS

7.90. 7.91. 7.92. 7.93. 7.94. 7.95. 7.96. 7.97. 7.98. 7.99. 7.100.

Applicability of requirements. Sanitation and safety generally. Sanitization of equipment. Sanitary use of towels. Sanitary use of supplies. Individual cleanliness. Safe use of dyes, tints and chemicals. Protection against infectious, contagious or communicable diseases. Violation of related laws. [Reserved]. Permanent wave operations and chemical applications.

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7.101. 7.102. 7.103. 7.104.

Electrical appliances. [Reserved]. [Reserved]. [Reserved].

LICENSURE AND ADMINISTRATION OF SCHOOLS OF COSMETOLOGY

7.111. 7.112. 7.113. 7.113a. 7.113b. 7.114. 7.115. 7.116. 7.116a. 7.117. 7.118. 7.118a. 7.119. 7.119a. 7.120. 7.121. 7.122. 7.123. 7.124. 7.125. 7.126. 7.127. 7.128. 7.129. 7.130.

Application for a school license. [Reserved]. Inspection of a school before licensure. Accreditation by a Nationally recognized accrediting agency. Change of school location, ownership, fictitious name or supervisor. School equipment and supplies. Student equipment and supplies. Floor space. Lavatories. Supervisor of a school. Professional staff. Uniforms. Student records. Transfer students. Work done by students on the public. Advertising. Course schedules. Duty work. Laundry facilities. Health and safety in school. [Reserved]. Posting of Board notices. Mandatory offering of cosmetology curriculum. Curriculum requirements. Library.

PREPARATION BY APPRENTICESHIP METHOD

7.131. 7.132. 7.133. 7.134. 7.135. 7.136. 7.141. 7.142.

Introduction. Apprentice curriculum. Application for apprentice permit. Apprentice reports. Equipment. Apprentice hours. [Reserved]. [Reserved].

Authority

The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P. S. ? 186); and section 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. ? 517), unless otherwise noted.

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DEPARTMENT OF STATE

Pt. I

Source

The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391, unless otherwise noted.

GENERAL PROVISIONS

? 7.1. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act--The act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. ?? 507--527), known as the Cosmetology Law.

Board--The State Board of Cosmetology.

Booth space--The area of a salon in which a licensed cosmetologist or a holder of a limited license provides to a client a service for which a license is required under the act.

Braiding--Intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, including extending the hair with natural or synthetic hair fibers.

Bureau--The Bureau of Professional and Occupational Affairs in the Department of State.

Cosmetologist--A licensed individual who is engaged in the practice of cosmetology.

Cosmetology--

(i) Any or all work done for compensation by any person, which work is generally and usually performed by cosmetologists, which work is for the embellishment, cleanliness and beautification of the human hair, such as arranging, braiding, dressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, pressing, or similar work thereon and thereabout, and the removal of superfluous hair, and the massaging, cleansing, stimulating, manipulating, exercising, or similar work upon the scalp, face, arms or hands, or the upper part of the body, by the use of mechanical or electrical apparatus or appliances or cosmetics, preparations, tonics, antiseptics, creams or lotions, or by any other means, and of manicuring the nails, which enumerated practices shall be inclusive of the term cosmetology but not in limitation thereof.

(ii) The term also includes the acts comprising the practice of nail technology, natural hair braiding and esthetics.

Department--The Commissioner of Professional and Occupational Affairs in the Department of State.

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Esthetics-- (i) The practice of massaging the face, applying cosmetic preparations,

antiseptics, tonics, lotions or creams to the face, removing superfluous hair by tweezers, depilatories or waxes, eyelash perming and the dyeing of eyelashes and eyebrows.

(ii) The term includes the use of industry standard mechanical and electrical apparatus and appliances in the practice of esthetics. Esthetician--An individual licensed by the Board to practice esthetics. Lavatory--A working toilet and a working sink with hot and cold running water that are located in a separate room that affords privacy to the user. Limited license--A license issued by the Board to an individual which permits that individual to engage in the practice of esthetics, natural hair braiding or nail technology. Limited practice salon--A salon licensed by the Board for the provision of esthetician services, nail technology services or natural hair braiding services only. Limited practice teacher--A teacher licensed by the Board for the purpose of providing instruction in the area of esthetics, nail technology or natural hair braiding only. Nail technician--An individual licensed by the Board to engage in the practice of nail technology. Nail technology--The practice of manicuring the nails of an individual, applying artificial or sculptured nails to an individual, massaging the hands of an individual or massaging the lower arms of an individual up to the individual's elbow, massaging the feet of an individual or the lower legs of an individual up to the individual's knee, or a combination of these acts. Natural hair braider--An individual licensed by the Board to engage in the practice of natural hair braiding. Natural hair braiding--

(i) The practice of utilizing techniques that result in tension on hair roots of individuals, such as twisting, wrapping, weaving, extending, locking or braiding of the hair. The term includes the application of heat by the use of a straightening comb, ceramic iron or similar appliance to prepare the hair for manipulation.

(ii) The term does not include cutting the hair or the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of hair.

School of cosmetology--Any individual, partnership, association, business corporation, nonprofit corporation, municipal corporation, school district or any group of individuals however organized whose purpose is to provide courses of instruction in cosmetology or the teaching of cosmetology.

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DEPARTMENT OF STATE

Pt. I

School district--A school district, joint vocational school or department, area vocational-technical school or technical institute providing vocational education under Article XVIII of the Public School Code of 1949 (24 P. S. ?? 181801--18-1855).

Tanning units--Equipment that utilizes ultraviolet light for the purpose of cosmetic tanning.

Authority

The provisions of this ? 7.1 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. ?? 511 and 517).

Source

The provisions of this ? 7.1 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324152).

? 7.2. Fees.

(a) An applicant for initial application and registration shall pay the following fees:

Effective November 5, 2022

Effective July 1, 2024

Cosmetologist

$25

$26

Nail technician

$25

$26

Esthetician

$25

$26

Natural hair braider

$25

$26

Cosmetology teacher or limited

$25

$26

practice teacher

Cosmetology salon or limited practice salon

$135

$142

Cosmetology school license

$220

$231

Licensure by reciprocity

$85

$89

Registration of cosmetology apprentice

$75

$79

(b) An applicant for biennial renewal shall pay the following fees:

Effective November 5, 2022

Effective July 1, 2024

Nail technician

$82

$97

Esthetician

$82

$97

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STATE BOARD OF COSMETOLOGY

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Cosmetologist

Natural hair braider

Cosmetology teacher or limited practice teacher

Cosmetology salon or limited practice salon

Cosmetology school license

Effective November 5, 2022

$82 $82 $120

Effective July 1, 2024

$97 $97 $135

$129

$144

$300

$315

(c) An applicant for other miscellaneous applications shall pay the following fees:

Effective November 5, 2022

Effective July 1, 2024

Approval of cosmetology school

$31

$32

supervisor application

Change in cosmetology salon or limited practice salon (inspection required)

$100

$105

Change in cosmetology salon or

$43

$45

limited practice salon (no inspection

required)

Change in cosmetology school (inspection required)

$125

$131

Change in cosmetology school (no

$69

$72

inspection required)

Reinspection of cosmetology salon or

$87

$91

limited practice salon or cosmetology

school

Certification of student or apprentice

$56

$58

training hours

Verification of license, registration,

$20

$21

permit or approval

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DEPARTMENT OF STATE

Pt. I

Authority

The provisions of this ? 7.2 amended under sections 5, 11, 12, 13(6), 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P.S. ?? 511, 517, 518, 519(6), 520 and 522); and section 812.1(a)-- (c) of The Administrative Code of 1929 (71 P.S. ? 279.3a(a)--(c)).

Source

The provisions of this ? 7.2 adopted July 25, 1975, effective July 26, 1975, 5 Pa.B. 1922; amended December 26, 1986, effective December 27, 1986, except provisions relating to biennial renewal of cosmetologist's license, biennial renewal of a manicurist's license and biennial renewal of a cosmetology shop's license shall be retroactive to December 15, 1986, 16 Pa.B. 4975; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5326; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 18, 1991, effective January 19, 1991, 21 Pa.B. 226; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1807; amended July 24, 1992, effective July 25, 1992, 22 Pa.B. 3863; amended April 9, 1993, effective April 10, 1993, 23 Pa.B. 1718; corrected October 20, 1995, effective April 10, 1993, 25 Pa.B. 4522; amended January 26, 1996, effective January 27, 1996, and apply to examinations administered on and after January 1, 1996, 26 Pa.B. 325; amended May 23, 1997, effective May 24, 1997, and apply to examinations administered in July 1997 and thereafter; amended September 10, 1999, effective immediately and apply to examinations administered on and after September 1, 1999, 29 Pa.B. 4783; amended September 28, 2001, effective September 29, 2001, 31 Pa.B. 5447; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6520; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219; corrected September 7, 2012, effective January 10, 2009, 42 Pa.B. 5736; amended April 11, 2014, application fees effective April 12, 2014, biennial renewal fees implemented with license renewals due by January 31, 2015, 44 Pa.B. 2244; amended November 4, 2022, application fees effective November 5, 2022, and then on July 1, 2024, biennial renewal fees effective November 5, 2022, and then on July 1, 2024, 52 Pa.B. 6846. Immediately preceding text appears at serial pages (371676) to (371677).

Cross References

This section cited in 49 Pa. Code ? 7.31 (relating to examination prerequisite for licensure; exceptions); 49 Pa. Code ? 7.32a (relating to contents of examination application); 49 Pa. Code ? 7.32g (relating to issuance of temporary licenses to qualified examination applicants); 49 Pa. Code ? 7.42 (relating to lost or misplaced licenses and permits); 49 Pa. Code ? 7.43 (relating to expiration and renewal of licenses); 49 Pa. Code ? 7.44 (relating to escrow of inactive license); 49 Pa. Code ? 7.51 (relating to application for a salon license); 49 Pa. Code ? 7.52 (relating to change of location or physical dimensions); 49 Pa. Code ? 7.53 (relating to change of ownership); 49 Pa. Code ? 7.111 (relating to application for a school license); and 49 Pa. Code ? 7.113b (relating to change of school location, ownership, fictitious name or supervisor).

INDIVIDUAL LICENSES

? 7.11. Types of individual licenses.

The following licenses are issued by the Board to qualified individuals under the act:

(1) Cosmetology teacher.

(2) Limited practice teacher.

(3) Cosmetologist.

(4) Esthetician.

(5) Nail technician.

(6) Natural hair braider.

Authority

The provisions of this ? 7.11 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. ?? 511, 517, 520 and 522).

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Copyright 2023 Commonwealth of Pennsylvania

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