PRINTER'SH1820B2256A03109 AJB:MAC 12/05/23 #90 A03109 AMENDMENTS TO HOUSE BILL NO.

22561820 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1820REPRESENTATIVE 2023KEEFER INTRODUCEDPrinter's BYNo. BULLOCK, YOUNG, KAZEEM, McANDREW, HOHENSTEIN, PROBST, KINSEY, HANBIDGE, BERNSTINE, MADDEN, KHAN, SCHLOSSBERG, SANCHEZ, CEPEDA-FREYTIZ, HILL-EVANS, DALEY, KRAJEWSKI, HADDOCK, SHUSTERMAN, GREEN, CURRY AND CERRATO, NOVEMBER 8, 2023 REFERRED 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;

defining2256 cosmetology,Amend Bill, page 1, line 22, by inserting after "amended" and regulatingthe cosmetologysection salons,is schools,amended students,by apprentices,adding teachers,a managers,definition manicuristsAmend Bill, page 2, by inserting between lines 2 and cosmetologists;3 * * * "Blow-dry styling" means the practice of shampooing, conditioning, drying, arranging, curling, straightening or styling hair using only mechanical devices or topical agents, such as hairsprays, balms, oils or serums.

conferringThe powersterm: and duties upon the Commissioner of Professional and Occupational Affairs of the Department of State;

providing(1) forIncludes appealsthe touse certainand courtsstyling byof applicantshair extensions, hair pieces or wigs and licensees;excludes cutting hair or the application of dyes, bleach, reactive chemicals, keratin treatments or other preparations to color or alter the structure of hair.

and(2) providingIs penalties,"distinct furtherfrom providingthe for definitions, for practice without examination, for limited licenses, for requirements of acosmetology. school of cosmetology, for practice in licensed salons only, for booth rental prohibited, for fees, for duration and renewal of licenses and for penalties.

TheAmend GeneralBill, Assemblypage 3, line 7, by striking out "2(2)" and inserting 2 Amend Bill, page 3, line 10, by inserting after "Prohibited.--" (a) Amend Bill, page 3, line 14, by striking out all of said line and inserting (1) To practice or teach cosmetology for compensation, or to use or maintain any place for the Commonwealthpractice of Pennsylvaniacosmetology herebyfor enactscompensation, asor follows:to use or maintain any place for the teaching of cosmetology.

SectionAmend 1.Bill, page 3, by inserting between lines 18 and 19 (b) An individual engaged solely in the practice of blow-dry styling is exempt from this act.

The(c) definitionsA offacility "cosmetology,"where "limitedan license,"individual "naturalprovides haira braider"service andunder "naturalsubsection hair(b) braiding"and inno sectionother 1service ofrequiring thea actlicense ofunder May2023/90AJB/HB1820A03109 3,- 19331 (P.L.242,- No.86),this referredact tois asexempt thefrom Cosmetologycosmetology Law,and areesthetics amendedsalon tolicense read:requirements.

Section(d) 1.An individual who is exempt from this act under subsection (b) shall be permitted to provide a service under subsection (b) and no other service requiring a license under this act in a licensed cosmetology salon or licensed esthetics salon.

Definitions.--The2023/90AJB/HB1820A03109 following- words2 and- phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

* * * "Cosmetology" includes 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.

The term also includes the acts comprising the practice of nail technology[, natural hair braiding] and esthetics.

* * * "Limited license" means a license issued by the State Board of Cosmetology to an individual which permits that individual to engage in the practice of esthetics[, natural hair braiding] or nail technology.

* * * ["Natural hair braider" means an individual licensed by the State Board of Cosmetology to engage in the practice of natural hair braiding.

"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.

The term does not include the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of hair.] * * * Section 2.

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), 19(b) and 20(c.2) and (e) of the act are amended to read:

Section 2.

Practice without License Prohibited.--It shall be unlawful for any person to do any of the following without having first obtained from the department a license or limited license as provided in this act:

* * * (2) To practice or teach esthetics[, natural hair braiding] or nail technology for compensation or to use or maintain any place for the practice of esthetics[, natural hair braiding] or nail technology for compensation.

Section 4.

Eligibility Requirements for Examination.--* * * (c) No person shall be permitted to receive a license to teach cosmetology [or natural hair braiding], nail technology or esthetics unless such person shall have a license to practice cosmetology or a limited license, be at least eighteen years of age, shall have completed a twelfth grade education or the equivalent thereof and have had five hundred hours of specialized training as set forth in section 6 of this act which hours shall be in addition to the hours necessary to qualify for a license to practice cosmetology or a limited license.

(d) An applicant for a license to teach cosmetology, [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.

The examination shall include both theoretical and procedural skill questions as prescribed by the board.

Any applicant may apply and is eligible for licensure upon (1) passing the written examination, (2) completion of the required five hundred hours of instruction, and (3) certification by a duly licensed school of satisfactory completion of all program requirements.

Section 5.

Limited Licenses.--* * * (b) The board shall issue the following limited licenses to qualified applicants:

* * * [(3) (i) natural hair braiding license, which shall authorize the holder to engage in the practice of natural hair braiding only.

An applicant for a natural hair braiding license shall have completed three hundred hours of board-approved subjects relating to sanitation, scalp care, anatomy and natural hair braiding in a cosmetology school and passed an examination limited to that practice.

Licensed natural hair braiders may operate a salon limited to that license.

An applicant may be permitted to take a written examination upon completion of at least two hundred fifty hours of instruction in natural hair braiding in a licensed school of cosmetology.

The examination shall include both theoretical and procedural skill questions as prescribed by the board.

Any applicant may apply and is eligible for licensure upon (A) passing the written examination, (B) completion of the required three hundred hours of board-approved subjects, and (C) certification by a duly licensed school of satisfactory completion of all program requirements.

(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:

(A) has submitted an application, along with the required fee, within one year of the board's promulgation of final regulations required under this section;

and (B) can demonstrate proof of practice of natural hair braiding for three consecutive years immediately prior to the date of application for licensure.

Proof of practice shall require tax records of employment and an affidavit from the applicant and the applicant's immediate supervisor where applicable.

The board shall accept the information provided without penalty to the applicant for failure to comply with licensing provisions prior to the effective date of this subsection.