S 515 Session 110 (1993-1994)
S 0515 General Bill, By Russell and Drummond
A Bill to amend Section 40-13-10, Code of Laws of South Carolina, 1976,
relating to cosmetology and cosmetologists, so as to revise these definitions
including changing references from "manicurist" to "nail technician"; to amend
Section 40-13-20, relating to the licensure requirement, so as to change the
reference from "manicurist" to "nail technician"; to amend Section 40-13-30,
as amended, relating to the State Board of Cosmetology, so as to change the
reference from "manicurist" to "nail technician"; to amend Section 40-13-60,
relating to Board officers and staff, so as to change references from
"secretary" to "director"; to amend Section 40-13-90, as amended, relating to
licensure qualifications, so as to change references from "manicurist" to
"nail technician"; to amend Section 40-13-100, relating to examination
applications, so as to increase the period for a temporary work permit from
sixty days to one hundred twenty days; to amend Sections 40-13-110 and
40-13-120, relating to examinations and licensure reciprocity, so as to change
references from "manicurist" to "nail technician"; to amend Section 40-13-170,
relating to licensing salons, so as to make technical corrections; to amend
Section 40-13-240, relating to license renewal, so as to change an "individual
license" to an "active license" and to require renewal of an inactive license;
to amend Section 40-13-270, relating to exemptions from the license
requirement, so as to exempt masseurs and masseuses; and to amend Section
40-13-280, relating to unlawful acts, so as to change references from
"manicurist" to "nail technician".
03/09/93 Senate Introduced and read first time SJ-5
03/09/93 Senate Referred to Committee on General SJ-6
A BILL
TO AMEND SECTION 40-13-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO COSMETOLOGY AND
COSMETOLOGISTS, SO AS TO REVISE THESE DEFINITIONS
INCLUDING CHANGING REFERENCES FROM
"MANICURIST" TO "NAIL TECHNICIAN";
TO AMEND SECTION 40-13-20, RELATING TO THE LICENSE
REQUIREMENT, SO AS TO CHANGE THE REFERENCE FROM
"MANICURIST" TO "NAIL TECHNICIAN";
TO AMEND SECTION 40-13-30, AS AMENDED, RELATING TO
THE STATE BOARD OF COSMETOLOGY, SO AS TO CHANGE
THE REFERENCE FROM "MANICURIST" TO
"NAIL TECHNICIAN"; TO AMEND SECTION 40-13-60,
RELATING TO BOARD OFFICERS AND STAFF, SO AS TO
CHANGE REFERENCES FROM "SECRETARY" TO
"DIRECTOR"; TO AMEND SECTION 40-13-90, AS
AMENDED, RELATING TO LICENSURE QUALIFICATIONS, SO
AS TO CHANGE REFERENCES FROM "MANICURIST"
TO "NAIL TECHNICIAN"; TO AMEND SECTION
40-13-100, RELATING TO EXAMINATION APPLICATIONS, SO AS
TO INCREASE THE PERIOD FOR A TEMPORARY WORK PERMIT
FROM SIXTY DAYS TO ONE HUNDRED TWENTY DAYS; TO
AMEND SECTIONS 40-13-110 AND 40-13-120, RELATING TO
EXAMINATIONS AND LICENSURE RECIPROCITY, SO AS TO
CHANGE REFERENCES FROM "MANICURIST" TO
"NAIL TECHNICIAN"; TO AMEND SECTION
40-13-170, RELATING TO LICENSING SALONS, SO AS TO MAKE
TECHNICAL CORRECTIONS; TO AMEND SECTION 40-13-240,
RELATING TO LICENSE RENEWAL, SO AS TO CHANGE AN
"INDIVIDUAL LICENSE" TO AN "ACTIVE
LICENSE" AND TO REQUIRE RENEWAL OF AN INACTIVE
LICENSE; TO AMEND SECTION 40-13-270, RELATING TO
EXEMPTIONS FROM THE LICENSE REQUIREMENT, SO AS TO
EXEMPT MASSEURS AND MASSEUSES; AND TO AMEND
SECTION 40-13-280, RELATING TO UNLAWFUL ACTS, SO AS TO
CHANGE REFERENCES FROM "MANICURIST" TO
"NAIL TECHNICIAN".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-13-10 of the 1976 Code is amended to read:
"Section 40-13-10. (1) `Cosmetology' means engaging in
any one or a combination of the following practices, when done for
compensation either directly or indirectly:
(a) arranging, styling, thermal curling, chemical waving,
pressing, shampooing, cutting, shaping, chemical bleaching, chemical
coloring, chemical relaxing, or similar work, upon the hair of
any a person, or wig or hairpiece of any
a person, by any means, with hands or mechanical or
electrical apparatus or appliances, or;
(b) by the use of using cosmetic
preparations, make-up, antiseptics, lotions, creams, chemical
preparations, or otherwise, or by waxing, tweezing, cleansing,
stimulation stimulating, manipulating, beautifying, or
similar work, the scalp, face, neck, arms, or hands,;
(c) or, by using nail technology in
manicuring or pedicuring the nails of any a person, or
similar work. No person licensed under this chapter shall
may use any a substance or device which is
proscribed for cosmetic use by state or federal agencies.
(2) `Cosmetologist' means any a person, not a
student, who is licensed to practice cosmetology.
(3) `Manicurist Nail technician' means any
a person who is licensed to practice manicuring or pedicuring
the nails or similar work.
(4) `Esthetician' means any a person who is licensed
to practice skin care, make-up, or similar work. Skin care
shall be limited to moisturizing, cleansing, or facial or neck massage
for the sole purpose of beautifying the skin.
(5) `Student' means any a person who is engaged in
learning or acquiring the practices of cosmetology and, while
so learning, performs or assists in any of the practices of
cosmetology in a school licensed under this chapter and under the
instruction or immediate supervision of an instructor, licensed
under this chapter.
(6) `Instructor' means any a person who is licensed
to teach cosmetology or any practices thereof of
cosmetology in accordance with this chapter.
(7) `Place of Cosmetology', or `Beauty Salon', or
`Hairdressing Establishment', hereinafter called `salon', means
any a building, or any a place
or part thereof of a building, in which cosmetology or
any of its practices are performed on the general public for
compensation.
(8) `School of Cosmetology' or `Beauty School', hereinafter called
`school', means any a place or part thereof
of a place, in which cosmetology or any of its practices are
taught."
SECTION 2. Section 40-13-20 of the 1976 Code is amended to read:
"Section 40-13-20. No person shall may
engage in, or attempt to engage in, or be employed to practice as a
cosmetologist, manicurist nail technician, esthetician,
or instructor, or operate a salon or school without having first obtained
a license from the State Board of Cosmetology."
SECTION 3. Section 40-13-30 of the 1976 Code, as last amended by
Act 369 of 1992, is further amended to read:
"Section 40-13-30. (A) The State Board of
Cosmetology is created composed of seven members appointed by the
Governor for terms of four years and until their successors are appointed
and qualify. Vacancies are filled in the manner of original appointment
for the unexpired terms. Recommendations for appointment may be
made by the board and other interested groups or persons. The
recommendations must be submitted to the Governor not later than
the thirty-first day of December before January first of the
year preceding the year in which terms expire and
appointments are to be made. Four members of the board must
be experienced cosmetologists and must have been in the practice of
cosmetology in this State for at least five years before appointment.
Two members must not be connected with the practice of cosmetology.
One member must be either an esthetician or a manicurist
nail technician.
(B) No appointed member of the board may serve more than
two consecutive terms on the board. Members of the present board
are eligible for reappointment for one more term, if they have not served
two consecutive terms.
(C) It is unlawful for a member of the board appointed or
reappointed after July 1, 1981, or an inspector or employee of the board,
or spouse, to own an interest in a cosmetology school or substantial
interest in a company which deals in wholesale sales or services to
beauty salons.
(D) The member members of the board
who is are not connected with the practice of
cosmetology has have all rights and privileges of other
members of the board except he they may not
participate in the examination of an applicant for a license."
SECTION 4. Section 40-13-60 of the 1976 Code is amended to read:
"Section 40-13-60. The board shall elect its own
officers and a full-time secretary director. The
compensation and expenses of the members of the board, the salaries of
the secretary director and the clerical employees, and all
other expenses of the board shall must be paid from
appropriations of the General Assembly based on fees collected under
the provisions of this chapter and deposited in accordance with
Section 40-13-70. The secretary director shall keep all
records of the board, issue necessary notices to the licensees,
and perform such other duties, clerical and otherwise, as may be
requested by the board. The secretary director shall
furnish bond to the board with a duly licensed bonding company doing
business in this State in the penal sum of for ten
thousand dollars conditioned on the faithful performance of the duties
of his the director's office."
SECTION 5. Section 40-13-90 of the 1976 Code, as last amended by
Act 573 of 1990, is further amended to read:
"Section 40-13-90. (1) (A) A license as
a cosmetologist shall must be issued by the board to
any a person who:
(a) (1) is at least sixteen years of age and possesses
at least a tenth grade education or the equivalent as established by tests
used in the public schools or equivalent as established by psychological
examinations determined by a certified psychologist or successfully
passes a standardized test given by a vocational rehabilitation counselor;
(b) (2) has completed at least one thousand five
hundred hours in classes in cosmetology in a reliable school approved
by the board, or is a registered master hair care specialist under the
provisions of Chapter 7 of this title who has satisfied educational
requirements established by the board by regulation;
(c) (3) passes the examination prescribed by the
board and pays the required fee.
(2) (B) A license as an esthetician shall
must be issued by the board to any a person
who:
(a) (1) is at least sixteen years of age and
possesses at least a tenth grade education or the equivalent as established
by tests used in the public schools or equivalent as established by
psychological examinations determined by a certified psychologist or
successfully passes a standardized test given by a vocational
rehabilitation counselor;
(b) (2) has completed at least four hundred fifty
hours in classes in skin care in a reliable school approved by the board
or comparable training approved by the board;
(c) (3) passes the examination prescribed by the
board and pays the required fee.
(3) (C) A license as a manicurist shall nail
technician must be issued by the board to any a
person who:
(a) (1) is at least sixteen years of age and
possesses at least a tenth grade education or the equivalent as established
by tests used in the public schools or equivalent as established by
psychological examinations determined by a certified psychologist or
successfully passes a standardized test given by a vocational
rehabilitation counselor;
(b) (2) has completed at least three hundred hours
in classes in manicuring nail technology in a reliable
school approved by the board or comparable training approved by the
board;
(c) (3) passes the examination prescribed by the
board and pays the required fee."
SECTION 6. Section 40-13-100 of the 1976 Code is amended to read:
"Section 40-13-100. (1) (A) Each applicant
for an examination shall make application to the board on forms
prepared and furnished by the secretary director.
Such The application shall include the applicant's oath
as attesting to the truth of the contents of the
application. The application shall must be accompanied
by the required examination fee.
(2) (B) Upon approval of an application for
examination for a cosmetologist, esthetician, or
manicurist nail technician license or the opening of a
salon, the board may issue a temporary work permit valid for a
period not to exceed sixty days up to one hundred twenty
days which, in the case of a cosmetologist, esthetician or
manicurist nail technician applicant, will allow
allows them to practice until receipt of receiving
a license and, in the case of a salon, allow allows
them to operate such the salon until an inspection is
made by the board or its agent to determine whether the salon has
satisfactory facilities, equipment, and sanitary and safety conditions on
the premises for which the license is applied for."
SECTION 7. Section 40-13-110 of the 1976 Code is amended to read:
"Section 40-13-110. The board shall conduct examinations of
applicants for licenses to practice as cosmetologists,
estheticians, or manicurists not less than nails
technician at least three times each year, at such times and
places as the board may determine. The examination of applicants for
any a license under this chapter shall
must be conducted under rules prescribed by the board and shall
include both practical demonstrations and written tests on subjects the
board determines to be necessary. Such The
examinations shall must be consistent with the
prescribed curriculum and the practical and theoretical requirements of
the profession of cosmetology as prescribed in this chapter."
SECTION 8. Section 40-13-120 of the 1976 Code is amended to read:
"Section 40-13-120. The board may grant to residents of other
states or the District of Columbia full reciprocity with respect to
practicing cosmetology, esthetics, or manicuring
nail technology in this State when such persons are
if the person is properly licensed and registered under the laws
of any other state or the District of Columbia and are is
otherwise qualified."
SECTION 9. Section 40-13-170 of the 1976 Code is amended to read:
"Section 40-13-170. (1) (A) Any
A person, firm, corporation, or association may apply
to the board for licensing of a salon by filing an application form
prescribed by the board and paying the original required
fee.
(2) (B) Upon approval of a salon, a salon license
shall must be issued and it shall must
be displayed in a conspicuous place. The license shall be
is valid only for the location named on it and it shall
is not be transferable.
(3) (C) Any A salon shall fully
comply with all provisions of this chapter applicable
thereto and with all rules and regulations promulgated by the
board."
SECTION 10. Section 40-13-240 of the 1976 Code is amended to
read:
"Section 40-13-240. (1) (A) The holder of
any individual an active license issued by the board
shall annually on such a date as may be
designated by the board, shall renew his or her
the license and, pay the renewal fee,
and furnish proof to the board that he or she the licensee
has completed continuing education approved by the board.
(B) The holder of an inactive license issued by the board
annually on the date designated by the board shall renew the license and
pay the renewal fee set by the board by regulation.
(2) (C) A license to practice or teach
cosmetology or any of its practices which has not been renewed prior
to before the date designated by the board, shall
expire expires on that date. The holder of the expired
license may have the license restored within three years of the date of
the expiration, upon the payment of the required renewal
restoration fee and satisfactory proof of his or her
the licensee's qualifications to assume the practices. The
restoration fee shall must be determined by the board.
(3) (D) If a license has been expired for more than
three years, the board shall conduct reexamination of the applicant. The
examination may include such practical demonstrations and
written tests as the board determines to be necessary. The reexamination
fee shall must be determined by the board.
(4) (E) The holder of a license for a salon or a school
shall renew the license annually on a date set by the board by the
payment of a renewal fee set by the board.
(5) (F) Application for renewal of a school license
shall must be accompanied by proof of continued
validation of the applicant's surety bond."
SECTION 11. Section 40-13-270 of the 1976 Code is amended by
adding at the end:
"(4) operating as a masseur or masseuse as provided in
Chapter 30 of this title."
SECTION 12. Section 40-13-280 of the 1976 Code is amended to
read:
"Section 40-13-280. Each of the following constitutes a
misdemeanor, punishable upon conviction by a fine of not more than
two hundred dollars or imprisonment for not more than thirty days for
a first offense and for a second or subsequent offense by a fine of not
more than five hundred dollars or imprisonment for not more than six
months:
(1) the violation of, or the failure to comply with, any of
the provisions of Sections 40-13-150, 40-13-200, 40-13-220, or
40-13-230 of this chapter;
(2) permitting any a person in one's employ or under
one's supervision or control to practice as a cosmetologist,
esthetician, or manicurist nail technician, or
instructor unless that person has a license as a cosmetologist,
esthetician or manicurist, nail technician, or
instructor;
(3) obtaining or attempting to obtain a license for money,
other than the required fee, or any other thing of value, or by
fraudulent misrepresentation;
(4) practicing or attempting to practice cosmetology by fraudulent
misrepresentation;
(5) the wilful failure to display a salon license as required by Section
40-13-170, a school license as required by Section 40-13-190, or a
license as required by Section 40-13-140;
(6) practicing or attempting to practice cosmetology in any
a place other than a licensed salon, except in case of an
emergency such as illness, invalidism, or death, when a licensed
operator may perform services for a person in another place by
appointment only; and
(7) the wilful and continued violation of the reasonable regulations
adopted by the board, and approved by the Department of Health
and Environmental Control, for the sanitary management and
operation of salons and schools. In addition, the license of any
a person violating the provisions of this item
shall must be permanently revoked."
SECTION 13. This act takes effect upon approval by the Governor.
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