HB 1820 — An Act amending the act of May 3, 1933 (P.L.242, No.86), referred to as the Cosmetology Law, further providing for definitions, for practice without license prohibited, for eligibility requirements for examination, for limited licenses, for requirements of a school of cosmetology, for practice in licensed salons only, for booth rental prohibited, for fees, for applicability, for duration and renewal of licenses and for penalties.

PRIOR PRINTER'S NO.

2256 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

18202446 2023THE INTRODUCEDGENERAL BYASSEMBLY BULLOCK,OF YOUNG,PENNSYLVANIA KAZEEM,HOUSE McANDREW,BILL HOHENSTEIN,Session PROBST,of KINSEY, HANBIDGE, BERNSTINE, MADDEN, KHAN, SCHLOSSBERG, SANCHEZ, CEPEDA-FREYTIZ, HILL-EVANS, DALEY, KRAJEWSKI, HADDOCK, SHUSTERMAN, GREEN, CURRY AND CERRATO, NOVEMBER 8, 2023 REFERREDNo. TO COMMITTEE ON PROFESSIONAL LICENSURE, NOVEMBER 8, 2023 AN ACT Ameact to promote the public health and safety by providing for examination, licensing and granting of permits for those who desire to engage in the profession of cosmetology;

INTRODUCED BY BULLOCK, YOUNG, KAZEEM, McANDREW, HOHENSTEIN, PROBST, KINSEY, HANBIDGE, BERNSTINE, MADDEN, KHAN, SCHLOSSBERG, SANCHEZ, CEPEDA-FREYTIZ, HILL-EVANS, DALEY, KRAJEWSKI, HADDOCK, SHUSTERMAN, GREEN, CURRY, CERRATO, KEEFER, SALISBURY AND GUZMAN, NOVEMBER 8, 2023 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, DECEMBER 13, 2023 AN ACT Amending the act of May 3, 1933 (P.L.242, No.86), entitled "An act to promote the public health and safety by providing for examination, licensing and granting of permits for those who desire to engage in the profession of cosmetology;

conferring powers and duties upon the Commissioner of Professional and Occupational Affairs of the Department of State;

and providing penalties," further providing for definitions, for practice without license prohibited, for eligibility requirements for examination, for limited licenses, for requirements of a school of cosmetology, for practice in licensed salons only, for booth rental prohibited, for fees, FOR APPLICABILITY, for <-- duration and renewal of licenses and for penalties.

The definitions of "cosmetology," "limited license," "natural hair braider" and "natural hair braiding" <-- LICENSE" AND "NATURAL HAIR BRAIDER" in section 1 of the act of <-- May 3, 1933 (P.L.242, No.86), referred to as the Cosmetology Law, are amended to read:

* * * ["Natural hair braider" means an individual licensed by the State Board of Cosmetology to engage in the practice of natural hair braiding.braiding.] <-- 20230HB1820PN2446 - 2 - "Natural hair braiding" means 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.

"Natural hair braiding" means the practice of utilizing 20230HB1820PN2256 - 2 - techniques that result in tension on hair roots of individuals, such as twisting, wrapping, weaving, extending, locking or braiding of the hair.

Sections 2(2), 4(c) and (d), 5(b)(3) and (c), 6(b.1)(2) and (4) and (d), 8(a), 8.1, 16(a), 17, 19(b) and <-- 20(c.2) and (e) of the act are amended to read:

(d) An applicant for a license to teach cosmetology, 20230HB1820PN2446 - 3 - [natural hair braiding,] nail technology or esthetics shall be 20230HB1820PN2256 - 3 - permitted to take a written examination upon completion of at least four hundred hours of the specialized training required.

20230HB1820PN2446 - 4 - (ii) The requirements of paragraph (3)(i) shall not apply 20230HB1820PN2256 - 4 - and a license to practice natural hair braiding shall be issued to an applicant who:

* * * (2) Practical demonstrations and theoretical studies, and study in sanitation, sterilization and the use of antiseptics, cosmetics and electrical appliances consistent with the practical and theoretical requirements as applicable to cosmetology, nail technology, [natural hair braiding or] 20230HB1820PN2446 - 5 - esthetics or any act or practice comprising cosmetology, nail 20230HB1820PN2256 - 5 - technology[, natural hair braiding] or esthetics.

or 20230HB1820PN2446 - 6 - (2) to practice esthetics[,] or nail technology [or natural 20230HB1820PN2256 - 6 - hair braiding] for pay in any place other than a licensed cosmetology salon or a salon limited to esthetics[,] or nail technology [or natural hair braiding].

* * * SectionSECTION 19.17.

DurationTO andWHOM RenewalPROVISIONS ofIN Licenses.--*THIS *ACT *SHALL (b)NOT An<-- individualAPPLY.--(A) holdingNOTHING aIN licenseTHIS toACT practiceSHALL cosmetologyPROHIBIT orSERVICE anIN individualCASE holdingOF aEMERGENCY limitedOR licenseDOMESTIC whoADMINISTRATION isWITHOUT notCOMPENSATION, engagedNOR inSERVICE practiceBY shallPERSONS requestAUTHORIZED theUNDER board,THE inLAWS writing,OF toTHIS placeSTATE hisTO licensePRACTICE inMEDICINE, escrowSURGERY, andDENTISTRY, thusCHIROPODY, protectOSTEOPATHY, hisOR rightCHIROPRACTICE, toNOR obtainSERVICES aBY licenseBARBERS atLAWFULLY anyENGAGED suchIN timeTHE withinPERFORMANCE aOF five-yearTHE periodUSUAL ifAND heORDINARY desiresDUTIES toOF againTHEIR become20230HB1820PN2446 engaged in the practice of cosmetology or the practice of nail technology[, natural hair braiding] or 20230HB1820PN2256 - 7 - esthetics.VOCATION.

NOTHING IN THIS ACT IS INTENDED TO BE INCONSISTENT WITH THE ACT[, APPROVED THE NINETEENTH DAY OF JUNE, ONE THOUSAND NINE HUNDRED AND THIRTY-ONE (PAMPHLET LAWS, FIVE HUNDRED EIGHTY- NINE), ENTITLED "AN ACT TO PROMOTE THE PUBLIC HEALTH AND SAFETY, BY PROVIDING FOR THE EXAMINATION AND LICENSURE OF THOSE WHO DESIRE TO ENGAGE IN THE OCCUPATION OF BARBERING;

REGULATING BARBER SHOPS, BARBER SCHOOLS AND BARBER COLLEGES, AND APPRENTICES AND STUDENTS THEREIN;

CONFERRING CERTAIN POWERS AND DUTIES ON THE DEPARTMENT OF PUBLIC INSTRUCTION;

AND PROVIDING PENALTIES."] OF JUNE 19, 1931 (P.L.589, NO.202), REFERRED TO AS THE BARBERS' LICENSE LAW.

(B) NOTHING IN THIS ACT SHALL PROHIBIT OR REGULATE THE PRACTICE OF NATURAL HAIR BRAIDING BY A PERSON WHO DESIRES TO ENGAGE IN THE PRACTICE OF NATURAL HAIR BRAIDING OR TO OPERATE A BUSINESS DEDICATED TO THE PRACTICE OF NATURAL HAIR BRAIDING IF THE PERSON OR BUSINESS DOES NOT ENGAGE IN ANY OTHER PRACTICES OR ACTIVITIES THAT CONSTITUTE THE PRACTICE OF COSMETOLOGY.

Section 19.

Duration and Renewal of Licenses.--* * * (b) An individual holding a license to practice cosmetology or an individual holding a limited license who is not engaged in practice shall request the board, in writing, to place his license in escrow and thus protect his right to obtain a license at any such time within a five-year period if he desires to again become engaged in the practice of cosmetology or the practice of nail technology[, natural hair braiding] or esthetics.

Penalties.--* * * (c.2) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the 20230HB1820PN2446 - 8 - majority of the maximum number of the authorized membership of the board as provided by this act or by a vote of the majority of the qualified and confirmed membership or a minimum of five members, whichever is greater, may levy a civil penalty of up to one thousand dollars ($1,000.00) on any current licensee who violates any provisions of this act or on any person who practices cosmetology, [natural hair braiding,] nail technology or esthetics without being properly licensed to do so under this act.

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