H 3682 Session 112 (1997-1998)
H 3682 General Bill, By Riser, Allison, M.H. Kinon, Meacham, Miller,
Moody-Lawrence, V.T. Mullen, Rodgers, Spearman, Stuart, Whatley and
Young-Brickell
Similar(S 567)
A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO
AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE
FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40,
AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND
TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF
LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
03/19/97 House Introduced and read first time HJ-24
03/19/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-25
A BILL
TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE
AND REGULATION OF COSMETOLOGY AND
COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO
THE STATUTORY ORGANIZATIONAL AND
ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR
PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40,
AND AMONG OTHER THINGS, TO DISCONTINUE THE
ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER
STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE
DEPARTMENT OF LABOR, LICENSING AND REGULATION
TO BEAUTY SCHOOLS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 13, Title 40 of the 1976 Code is amended to
read:
"CHAPTER 13
Cosmetology and Cosmetologists
Section 40-13-5. (1) "Cosmetology"
means engaging in any one or a combination of the following
practices, when done for compensation either directly or indirectly:
arranging, styling, thermal curling, chemical waving, pressing,
shampooing, cutting, shaping, chemical bleaching, chemical coloring,
chemical relaxing, or similar work, upon the hair of any person, or
wig or hairpiece of any person, by any means, with hands or
mechanical or electrical apparatus or appliances, or by the use of
cosmetic preparations, make-up, antiseptics, lotions, creams,
chemical preparations, or otherwise, or by waxing, tweezing,
cleansing, stimulation, manipulating, beautifying, or similar work, the
scalp, face, neck, arms, hands, or by manicuring or pedicuring the
nails of any person, or similar work. No person licensed under this
chapter shall use any substance or device which is proscribed for
cosmetic use by state or federal agencies.
(2) "Cosmetologist" means any person, not a
student, who is licensed to practice cosmetology.
(3) "Manicurist" means any person who is
licensed to practice manicuring or pedicuring the nails or similar
work.
(4) "Esthetician" means any 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 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 person who is
licensed to teach cosmetology or any practices thereof in accordance
with this chapter.
(7) "Place of Cosmetology", or "Beauty
Salon", or "Hairdressing Establishment",
hereinafter called "salon", means any building, or any
place or part thereof, 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
place or part thereof, in which cosmetology or any of its practices are
taught.
Section 40-13-15. Schools and salons shall display
appropriate signs over the entrance to their establishments
designating the nature of such establishments. No school shall
operate in conjunction with a salon or any other business or have
doors which interconnect with such salons or other businesses.
This chapter shall not be construed to affect the operation
of any beauty shop, licensed on May 11, 1966, located in a private
residence insofar as provisions for separate toilet facilities and
separate entrances are concerned.
Section 40-13-20. No person shall engage in, or attempt
to engage in, or be employed to practice as a cosmetologist,
manicurist, esthetician, or instructor, or operate a salon or school
without having first obtained a license from the State Board of
Cosmetology.
Section 40-13-30. 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 of the year preceding the year in
which appointments are 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.
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.
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.
The member of the board who is not connected with the
practice of cosmetology has all rights and privileges of other
members of the board except he may not participate in the
examination of an applicant for a license.
Section 40-13-35. There is created an Advisory
Committee (committee) to the State Board of Cosmetology (board)
composed of six members appointed by the Governor for terms of
four years and until their successors are appointed and qualify.
Vacancies on the committee shall be filled in the manner of original
appointment for the unexpired term. No member shall be allowed to
succeed himself.
The following associations or groups shall recommend one
person to the Governor for appointment to the committee: the South
Carolina Registered Cosmetologist Association, the South Carolina
State Cosmetologist Association, the South Carolina Vocational
Directors Association, the South Carolina Association of
Cosmetology Schools, the South Carolina Beauty Supply Dealers,
and the teachers of cosmetology in vocational or private schools.
Such recommendations shall be submitted to the Governor
not later than the thirty-first day of December of the year prior to the
year in which appointments are made. The Governor may reject any
person recommended for appointment upon a satisfactory showing
that the person is unfit to serve. If a person is rejected, the group or
association which recommended him shall submit additional names
to the Governor for consideration.
The terms of the members of the committee shall
commence on the first day of April, beginning with April 1, 1983, for
initial terms; provided, that the initial terms of the members
recommended by the South Carolina Registered Cosmetologist
Association, the South Carolina State Cosmetologist Association, and
the South Carolina Vocational Directors Association shall be for two
years; provided, further, that these three members shall be allowed
to succeed to a full four-year term of service on the committee if
recommended and appointed pursuant to the provisions of this
section.
Committee members shall serve without compensation. The
board shall meet with the committee quarterly to discuss problems,
make recommendations, and hear reports of board policy affecting
the industry. Special meetings may be called by the board upon
sufficient notice. Accurate minutes of all meetings shall be kept by
the board as part of its public record.
Section 40-13-40. Members of the board shall
receive no salary but shall be allowed the usual mileage, subsistence
and per diem authorized by law for state boards, committees, and
commissions not to exceed fifteen days in any one month.
Section 40-13-50. (1) The board shall adopt and
use a common seal for the authentication of its orders and records.
(2) The books and records of the board shall constitute
public records, and shall be open for public inspection at all
reasonable times.
Section 40-13-60. The board shall elect its own
officers. The Director of the Department of Labor, Licensing, and
Regulation may appoint a full-time secretary and any other
employees, pursuant to Section 40-73-15, as may be necessary to
carry out the work of the board. The compensation and expenses of
the members of the board, the salaries of the secretary and the clerical
employees, and all other expenses of the board shall 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 shall keep all records of the board,
issue necessary notices to the licensees and perform such other duties,
clerical and otherwise, as defined by the Director of the Department
of Labor, Licensing, and Regulation. Such secretary shall furnish
bond to the board with a duly licensed bonding company doing
business in this State in the penal sum of ten thousand dollars
conditioned on the faithful performance of the duties of his office.
Section 40-13-70. All revenues and income from
licenses, examination fees, other fees, sale of commodities and
services, and income derived from any other board source or activity
shall be remitted to the State Treasurer as collected, and shall be
deposited in the general fund of the State.
Section 40-13-80 The board shall:
(1) Establish suitable procedures for carrying out its
duties pursuant to the provisions of this chapter.
(2) Adopt and revise regulations consistent with this
chapter, as may be necessary to carry out the provisions of the
chapter.
(3) Initiate prosecution of persons violating the
provisions of this chapter.
(4) Establish and collect license and other fees and
assessments provided for in this chapter in amounts sufficient to fund
the annual appropriations to the board.
(5) Monitor the professional and ethical competence of
licensees.
(6) Order the revocation, suspension, or otherwise
restrict the license of licensees or take other disciplinary action
against them when appropriate. Such actions shall be taken pursuant
to the relevant provisions of the Administrative Procedures Act.
Section 40-13-90. (1) A license as a cosmetologist
shall be issued by the board to any person who:
(a) 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) 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) passes the examination prescribed by the board and
pays the required fee.
(2) A license as an esthetician shall be issued by the board
to any person who:
(a) 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) 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) passes the examination prescribed by the board and
pays the required fee.
(3) A license as a manicurist shall be issued by the board
to any person who:
(a) 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) has completed at least three hundred hours in classes
in manicuring in a reliable school approved by the board or
comparable training approved by the board;
(c) passes the examination prescribed by the board and
pays the required fee.
Section 4-13-100. (1) Each applicant for an
examination shall make application to the board on forms prepared
and furnished by the secretary. Such application shall include the
applicant's oath as to the truth of the contents of the application. The
application shall be accompanied by the required examination fee.
(2) Upon approval of an application for examination for a
cosmetologist, esthetician or manicurist license or the opening of a
salon, the board may issue a temporary work permit valid for a period
not to exceed sixty days which, in the case of a cosmetologist,
esthetician or manicurist applicant, will allow them to practice until
receipt of license and, in the case of a salon, allow them to operate
such 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 40-13-110. The board shall conduct
examinations of applicants for licenses to practice as cosmetologists,
estheticians or manicurists not less than three times each year, at such
times and places as the board may determine. The examination of
applicants for any license under this chapter shall 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 examinations shall be consistent with the
prescribed curriculum and the practical and theoretical requirements
of the profession of cosmetology as prescribed in this chapter.
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 in
this State when such persons are properly licensed and registered
under the laws of any other state or the District of Columbia and are
otherwise qualified.
Section 40-13-130. Application, registration, and
license fees collected by the board are not refundable.
Section 40-13-140. Every holder of a license
under this chapter shall display it in a conspicuous place adjacent to
or near his work chair.
Section 40-13-150. (1) No school shall be
affiliated with or located at the same address as a salon operated for
profit. All salons and schools shall have running hot and cold water
and drainage in rooms used for salons or schools. The owner or
manager of any salon or school shall not permit a person to sleep in,
or use for residential purposes, any room used wholly or partly as a
salon or school.
(2) The members of the board, or their authorized agents,
may enter any salon or school at any reasonable time for purposes of
inspection.
Section 40-13-160. The board is authorized to
promulgate regulations to implement the provisions of this chapter.
Regulations relating to the sanitary management of salons and
schools shall not be promulgated by the board until approved by the
Department of Health and Environmental Control.
Section 40-13-170. (1) Any 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 fee.
(2) Upon approval of a salon, a salon license shall be issued
and it shall be displayed in a conspicuous place. The license shall be
valid only for the location named on it and it shall not be transferable.
(3) Any salon shall fully comply with all provisions of this
chapter applicable thereto and with all rules and regulations
promulgated by the board.
Section 40-13-180. A minimum curriculum for
schools and minimum qualifications for teachers therein shall be
prescribed by the board. The board shall issue a teacher's license to
anyone who meets the prescribed qualifications upon payment of the
fee for teacher's examination and the license fee. The teacher's license
shall be renewed annually upon the payment of a renewal fee by the
teacher and upon proof to the board of the teacher having had
advanced training approved by the board during the year.
Section 40-13-190. Upon approval of a school by
the board, a license shall be issued and be displayed in a conspicuous
place at the school. The license shall be valid only for the location
named on it, and it shall not be transferable.
Section 40-13-200. The owner or manager of a
school shall enter into a written contract with each student before
permitting him to attend classes. The contract shall be executed in
triplicate. The original shall be retained by the school, the first copy
given to the student, and the second copy filed with the board. The
contract shall contain certification that the student is at least sixteen
years of age or will have attained such age prior to the completion of
the course of instruction and possesses at least a tenth grade
education, as certified by the school last attended, or the equivalent
thereof as established by tests used in public schools or as established
by psychological examinations determined by a certified
psychologist.
Section 40-13-210. (1) Any person, firm,
corporation or association may apply to the board for licensing of a
school by filing a form prescribed by the board and paying the
original license fee. Applicants shall at the time of application submit
a detailed floor plan and a true copy of their form for students'
contracts. They shall also furnish a bond to the board issued by a
licensed bonding company doing business in this State. Such bond
shall be in the penal sum of five thousand dollars and shall be
conditioned upon the faithful performance of the terms and
conditions of all contracts entered into between the owner or manager
of the school and all persons enrolling therein. Suit on the bond may
be brought by any student injured by the breach of any of the
conditions of the contract between him and the owner or manager of
the school.
(2) All licensed schools shall fully comply with the
provisions of this chapter applicable thereto, and with the rules and
regulations promulgated by the board.
(3) No license for a school shall be issued unless the owner
presents evidence satisfactory to the board that he has adequate
school facilities and equipment and that each instructor holds a valid
instructor's license.
Section 40-13-220. It shall be unlawful to operate
any school without a license or to violate any of the provisions of this
chapter relating to schools; provided, however, a school may be
operated in and as part of an accredited high school, trade school or
industrial school, and any school so operated shall be exempt from
the requirements of this chapter as to school licensing, execution of
a bond and entering into contracts with its students.
Section 40-13-230. A copy of sanitary rules and
regulations adopted by the board shall be furnished by the board to
the owner or manager of each salon or school in the State, and such
copy shall be posted in a conspicuous place in each salon and school.
Section 40-13-240. (1) The holder of any
individual license issued by the board shall annually on such date as
may be designated by the board, renew his or her license and pay the
renewal fee and furnish proof to the board that he or she has
completed continuing education approved by the board.
(2) A license to practice or teach cosmetology or any of its
practices which has not been renewed prior to the date designated by
the board, shall expire 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 fee and
satisfactory proof of his or her qualifications to assume the practices.
The restoration fee shall be determined by the board.
(3) 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 be determined by the board.
(4) 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) Application for renewal of a school license shall be
accompanied by proof of continued validation of the applicant's
surety bond.
Section 40-13-250. Misconduct which constitutes
grounds for a revocation, suspension or other restriction of a license
or other discipline of a licensee shall be based upon a satisfactory
showing to the board of any of the following:
(1) That any false, fraudulent or forged statement has
been used, or any fraudulent, deceitful, licentious or dishonest act has
been practiced by the holder of a license in connection with any of
the licensing requirements;
(2) That the holder of a license is addicted to alcohol or
drugs to such an extent as to render him unfit to engage in the
practices set forth in this chapter;
(3) That the holder of a license has been convicted of
illegal or unauthorized practice in violation of the provisions of his
or her license;
(4) That the holder of a license has knowingly performed
any act which in any way assists an unlicensed person to practice
cosmetology;
(5) That the holder of a license has sustained any
physical or mental disability which renders further practice by him or
her dangerous to the public;
(6) That the holder of a license has violated the rules and
regulations promulgated by the board or any section of this chapter;
(7) That the holder of a license is guilty of engaging in
any dishonorable, unethical, or unprofessional conduct that is likely
to deceive or harm the public;
(8) That the holder of a license is guilty of the use of any
false or fraudulent statement in any document connected with the
practice of cosmetology;
(9) That the holder of a license is guilty of the
commission of any other act, during the course of practice which
constitutes fraud, dishonest dealing, illegality, incompetence or gross
negligence.
Section 40-13-255. The holder of a license issued
by the board found to be in violation of this chapter, related
regulations, or an order of the board is subject to a civil penalty in
lieu of suspension or revocation of the license. The penalty may not
exceed five hundred dollars.
Section 40-13-260. (a) For the purpose of any
investigation or proceeding under the provisions of this chapter, the
board or any person designated by it, may administer oaths and
affirmations, subpoena witnesses, take testimony, and require the
production of any documents or records which the board deems
relevant to the inquiry. In the case of contumacy by, or refusal to
obey a subpoena issued to any person, an administrative law judge as
provided under Article 5 of Chapter 23 of Title 1, upon application
by the board, may issue an order requiring the person to appear
before the board or the person designated by it and produce
documentary evidence and to give other evidence concerning the
matter under inquiry.
(b) Whenever the board has sufficient evidence that any
person is violating any provision of this chapter, it may, in addition
to all other remedies, order such person to immediately desist and
refrain from such conduct. The board may apply to an administrative
law judge as provided under Article 5 of Chapter 23 of Title 1 for an
injunction restraining the person from such conduct. An
administrative law judge as provided under Article 5 of Chapter 23
of Title 1 may issue a temporary injunction ex parte, and upon notice
and full hearing may issue any other order in the matter it deems
proper. No bond shall be required of the board by an administrative
law judge as provided under Article 5 of Chapter 23 of Title 1 as a
condition to the issuance of any injunction or order contemplated by
the provisions of this chapter.
(c) Every communication, whether oral or written made by
or on behalf of any person or firm to the board or any person
designated by it to investigate or otherwise hear matters relating to
the revocation, suspension or other restriction on a license or other
discipline of a licensee, whether by way of complaint or testimony,
shall be privileged; and no action or proceeding, civil or criminal,
shall lie against any such person or firm by or on whose behalf such
communication shall have been made by reason thereof, except upon
proof that such communication was made with malice.
(d) No provision of this chapter shall be construed to
prohibit the respondent or his legal counsel from exercising the
respondent's constitutional right of due process under the law, nor to
prohibit the respondent from normal access to the charges and
evidence filed against him as part of due process under the law.
Section 40-13-270. The following persons and
activities are exempt from the provisions of this chapter while
engaged in the proper discharge of their professional duties:
(1) Manufacturers' representatives or sales persons in
retail outlets who demonstrate products or techniques for promotional
purposes;
(2) Educational activities conducted in connection with
any monthly, annual or other special program from which the general
public is excluded. This exemption shall apply only to the specific
days of the special program.
(3) Any demonstrations conducted by manufacturers and
wholesalers for the purpose of exhibiting the technical application
and use of products.
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 person in one's employ or under one's
supervision or control to practice as a cosmetologist, esthetician or
manicurist unless that person has a license as a cosmetologist,
esthetician or manicurist;
(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 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
person violating the provisions of this item shall be permanently
revoked.
Section 40-13-300. Notwithstanding any other
provision of law, the board's decision shall be subject to appeal to an
administrative law judge as provided under Article 5 of Chapter 23
of Title 1, which shall hear the matter upon petition filed by the
licensee with an administrative law judge as provided under Article
5 of Chapter 23 of Title 1 and served upon the Secretary of the board
within ten days from the date of delivery of the board's decision to
licensee. A decision by the board to revoke, suspend, or otherwise
restrict a license or limit or otherwise discipline a licensee or one who
is found to be practicing as a cosmetologist in non-compliance with
this chapter shall not become effective until the tenth day following
the date of delivery to the licensee of a written copy of the decision.
Service of a petition for a review of the decision shall stay the
board's decision pending completion of the appellate process.
Section 40-13-5. Unless otherwise provided for in this chapter,
Article 1, Chapter 1 applies to cosmetologists, manicurists, and
estheticians regulated or administered, or both, by the Department of
Labor, Licensing and Regulation. If there is a conflict between this
chapter and Article 1, Chapter 1, the provisions of this chapter
control.
Section 40-13-10. (A) A 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 portion of the term. 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 of the year preceding the year
in which appointments expire. 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.
One member must be from the public at large and not connected with
the practice of cosmetology. One member must be an esthetician and
one must be a manicurist.
No appointed member of the board may serve more than two
consecutive terms on the board.
It is unlawful for a member of the board or an inspector or
employee of the board, or a spouse of a board member, inspector, or
employee to own an interest in a cosmetology school or substantial
interest in a company which deals in wholesale sales or services to
beauty salons or schools.
The member of the board who is not connected with the practice of
cosmetology has all rights and privileges of other members of the
board except the member may not participate in the examination of
an applicant for a license.
(B) There is created an Advisory Committee to the State Board of
Cosmetology composed of six members appointed by the Governor
for terms of four years and until their successors are appointed and
qualify. Terms commence on April first and members only may
serve one full term. Vacancies on the committee must be filled in the
manner of original appointment for the unexpired term.
The following associations or groups shall recommend one person
to the Governor for appointment to the committee: the National
Cosmetology Association of South Carolina, the South Carolina State
Cosmetologist Association, the South Carolina Vocational Directors
Association, the South Carolina Association of Cosmetology
Schools, the South Carolina Beauty Supply Dealers, and the teachers
of cosmetology in vocational or private schools. Recommendations
must be submitted to the Governor not later than the thirty-first day
of December of the year preceding the year in which appointments
expire. The Governor may reject any person recommended for
appointment upon a satisfactory showing that the person is unfit to
serve. If a person is rejected, the group or association which
recommended the person shall submit additional names to the
Governor for consideration.
Committee members shall serve without compensation. The board
shall meet with the committee quarterly to discuss problems, make
recommendations, and hear reports of board policy affecting the
industry. Special meetings may be called by the board upon
sufficient notice. Accurate minutes of all meetings must be kept by
the board as part of its public record.
Section 40-13-20. As used in this chapter:
(1) 'Beauty salon' or 'salon' means a building or any place, or part
of a place or building including, but not limited to, a rental booth, in
which cosmetology is performed on the general public for
compensation.
(2) 'Cosmetology' means engaging in any of these practices or a
combination of these 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, wig, or
hairpiece of any person, by any means, with hands or mechanical or
electrical apparatus or appliances;
(b) using cosmetic preparations, make-up, antiseptics, lotions,
creams, chemical preparations on, or otherwise, or waxing,
tweezing, cleansing, stimulating, manipulating, beautifying, or
similar work the scalp, face, neck, arms, hands; or
(c) manicuring or pedicuring the nails of a person or similar
work.
(3) 'Cosmetologist' means a person including but not limited to,
an independent contractor, not a student, who is licensed to practice
cosmetology.
(4) 'Cosmetology school', 'beauty school', or 'school' means a
place or part of a place in which cosmetology or any of its practices
are taught.
(5) 'Esthetician' means a person including, but not limited to, an
independent contractor, who is licensed to practice skin care,
make-up, or similar work. Skin care is limited to moisturizing,
cleansing, or facial or neck massage for the sole purpose of
beautifying the skin.
(6) 'Independent contractor' means a licensed practitioner who
rents or leases a place or part of a place in a beauty salon.
(7) 'Instructor' means a person who is licensed to teach
cosmetology or any practices of cosmetology in accordance with this
chapter.
(8) 'Manicurist' means a person including, but not limited to, an
independent contractor, who is licensed to practice manicuring or
pedicuring the nails or similar work.
(9) 'Student' means a person who is engaged in learning or
acquiring the practices of cosmetology and, while 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.
Section 40-13-30. It is unlawful to operate a cosmetology school
without a license or to violate any of the provisions of this chapter
relating to schools; however, a school may be operated in and as part
of an accredited high school, trade school, or industrial school, and
a school so operated is exempt from the requirements of this chapter
pertaining to school licensing, execution of a bond, and entering into
contracts with its students.
Section 40-13-50. The Department of Labor, Licensing and
Regulation shall provide all administrative, fiscal, investigative,
inspectional, clerical, secretarial, and license renewal operations and
activities of the board in accordance with Section 41-1-50.
Section 40-13-60. The board may adopt rules governing its
proceedings and may promulgate regulations necessary to carry out
the provisions of this chapter. Regulations relating to the sanitary
management of salons and schools must not be promulgated until
approved by the Department of Health and Environmental Control.
Section 40-13-70. The board shall adopt and use a common seal
for the authentication of its orders and records. In addition to the
powers and duties provided for in this chapter, the board has those
powers and duties set forth in Section 40-1-70.
Section 40-13-80. The Department of Labor, Licensing and
Regulation shall investigate complaints and violations of this chapter
as provided for in Section 40-1-80.
Section 40-13-90. The results of an investigation must be
presented to the board and any subsequent hearing must be conducted
in accordance with Section 40-1-90.
Section 40-13-100. In addition to other remedies provided for in
this chapter or Chapter 1, the board in accordance with Section
40-1-100 may issue a cease and desist order or may petition an
administrative law judge for a temporary restraining order or other
equitable relief to enjoin a violation of this chapter.
Section 40-13-110. (A) In addition to the grounds for
disciplinary action provided for in Section 40-1-110, the board may
revoke, suspend or restrict a license upon a satisfactory showing to
the board that the holder of the license has:
(1) violated or failed to comply with any provision of this
chapter a regulation promulgated under this chapter, or an order of
the board;
(2) permitted a person in one's employ or under one's
supervision or control to practice as a cosmetologist, esthetician, or
manicurist without that person being licensed as a cosmetologist,
esthetician, or manicurist;
(3) obtained or attempted to obtain a license for money other
than the required fee or any other thing of value or by fraudulent
misrepresentation;
(4) practiced or attempted to practice cosmetology by fraudulent
misrepresentation;
(5) wilfully failed to display a salon license as required by
Section 40-13-300, a school license as required by Section
40-13-320, or a license as required by Section 40-13-280 or the
sanitary regulations as required by Section 40-13-350.
(6) practiced or attempted to practice cosmetology in any place
other than a licensed salon, except in case of an emergency including,
but not limited to, illness, invalidism, or death when a licensed
operator may perform services for a person in another place by
appointment only;
(7) wilfully and continuously violated 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;
(8) used a substance or device which is prescribed for cosmetic
use by state or federal agencies.
(B) The holder of a license issued by the board found to have
engaged in misconduct pursuant to subsection (A) is in violation of
this chapter, regulations promulgated pursuant to this chapter, or an
order of the board and is subject to a civil penalty in lieu of
suspension or revocation of the license. The penalty may not exceed
five hundred dollars.
Section 40-13-115. The board has jurisdiction over the actions of
licensees and former licensees as provided for in Section 40-1-115.
Section 40-13-120. In addition to the sanctions authorized for
misconduct pursuant to Section 40-13-110, the board may take
disciplinary action against a person as provided for in Section
40-1-120.
Section 40-13-130. As provided for in Section 40-1-130, the
board may deny licensure to an applicant based on the same grounds
for which the board may take disciplinary action against a licensee.
Section 40-13-140. A license may be denied based on a person's
prior criminal record only as provided for in Section 40-1-140.
Section 40-13-150. A licensee under investigation for a violation
of this chapter or a regulation promulgated under this chapter may
voluntarily surrender the license in accordance with Section
40-1-150.
Section 40-13-160. A person aggrieved by a final action of the
board may seek review of the decision in accordance with Section
40-1-160.
Section 40-13-170. A person found in violation of this chapter or
regulations promulgated under this chapter may be required to pay
costs associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-13-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the
collection and enforcement provisions of Section 40-1-180.
Section 40-13-190. Investigations and proceedings conducted
under this chapter are confidential and all communications are
privileged as provided for in Section 40-1-190.
Section 40-13-200. (A) A person who practices or offers to practice
cosmetology in this State in violation of this chapter or who
knowingly submits false information for the purpose of obtaining a
license is guilty of a misdemeanor and, upon conviction, must be
imprisoned or fined in accordance with Section 40-1-200.
(B) The board shall permanently revoke the license of a person
convicted of or who pleads guilty or nolo contendere to a violation
under subsection (A).
Section 40-13-210. The department, on behalf of the board and
in accordance with Section 40-1-210, may petition an administrative
law judge, in the name of the State, for injunctive relief against a
person violating this chapter.
Section 40-13-230. (A) A license as a cosmetologist must be
issued by the board to a person who:
(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 tests approved by the board;
(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 pursuant to Chapter 7 who
has satisfied educational requirements established by the board in
regulation; and
(3) has passed the examination prescribed by the board and pays
the required fee.
(B) A license as an esthetician must be issued by the board to a
person who:
(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 tests approved by the board;
(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; and
(3) has passed the examination prescribed by the board and pays
the required fee.
(C) A license as a manicurist must be issued by the board to a
person who:
(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 tests approved by the board;
(2) has completed at least three hundred hours in classes in
manicuring in a reliable school approved by the board or comparable
training approved by the board; and
(3) has passed the examination prescribed by the board and pays
the required fee.
(D) Temporary permits to practice as a cosmetologist, esthetician,
or manicurist may be issued in accordance with regulations
promulgated by the board.
Section 40-13-240. (A) Each applicant for an examination shall
make application on board approved forms. The application must be
accompanied by the required examination fee.
(B) The board shall conduct examinations of applicants for
licenses to practice as cosmetologists, estheticians, or manicurists not
less than three times each year, at times and places as the board may
determine. The examination of applicants for any license under this
chapter must be conducted pursuant to regulations promulgated by
the board and shall include both practical demonstrations and written
tests on subjects the board determines to be necessary. Examinations
must be consistent with the prescribed curriculum and the practical
and theoretical requirements of the profession of cosmetology as
prescribed in this chapter.
Section 40-13-250. (A) The holder of an individual license
issued by the board annually, on such date as may be designated by
the board, shall renew his or her license and pay the renewal fee and
furnish proof to the board that he or she has completed continuing
education approved by the board.
(B) A license to practice or teach cosmetology which has not been
renewed before the date designated by the board, expires on that date.
The holder of an expired license may have the license restored within
three years of the date of the expiration upon payment of the required
renewal fee and satisfactory proof of his or her qualifications to
resume practicing. The reinstatement fee must be established by the
board in regulation.
(C) If a license has been expired for more than three years, the
board shall conduct reexamination of the applicant before issuing a
new license. The examination may include practical demonstrations
and written tests that the board determines to be necessary.
(D) 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 established by the board in regulation.
(E) Application for renewal of a school license must be
accompanied by proof of continued validation of the applicant's
surety bond.
Section 40-13-260. Schools and salons shall display appropriate
signs over the entrance to their establishments designating the nature
of the establishment. No school may operate in conjunction with a
salon or any other business or have doors which interconnect with
salons or other businesses.
This chapter may not be construed to affect the operation of any
beauty salon, licensed on May 11, 1966, located in a private
residence insofar as provisions for separate toilet facilities and
separate entrances are concerned.
Section 40-13-270. The board may grant to a resident of another
state, the District of Columbia, or any other U.S. territory or
commonwealth state full reciprocity with respect to practicing
cosmetology, esthetics, or manicuring in this State when the person
is properly licensed and registered under the laws of the other state,
the District of Columbia, or the U.S. territory or commonwealth state
and is otherwise qualified.
Section 40-13-280. A holder of a license under this chapter shall
display the license in a conspicuous place adjacent to or near the
licensees' work chair.
Section 40-13-290. (A) No school may be affiliated with or
located at the same address as a salon operated for profit. All salons
and schools shall have running hot and cold water and drainage in
rooms used for salons or schools. The owner or manager of any
salon or school shall not permit a person to sleep in, or use for
residential purposes, a room used wholly or partly as a salon or
school.
(B) The members of the board, or their authorized agents, may
enter a salon or school at any reasonable time for purposes of
inspection.
Section 40-13-300. A person, firm, corporation, or association
may apply to the board for licensing of a salon by submitting an
application on a form prescribed by the board and paying the initial
license fee. Upon approval of a salon, a salon license must be issued
and the license must be displayed in a conspicuous place. The license
is valid only for the location named on it and it is not transferable. A
salon shall comply with all provisions of this chapter applicable to
salons and with regulations promulgated pursuant to this chapter.
Section 40-13-310. A minimum curriculum for schools and
minimum qualifications for instructors must be prescribed by the
board in regulation. The board shall issue an instructor's license to
a person who meets the prescribed qualifications upon payment of the
fee for an instructor's examination and the license fee. The
instructor's license must be renewed annually upon the payment of
a renewal fee by the instructor and upon proof to the board of the
instructor having had advanced training approved by the board during
the year.
Section 40-13-320. Upon approval of a school by the board, a
license must be issued and be displayed in a conspicuous place at the
school. The license is valid only for the location named on it, and it
is not transferable.
Section 40-13-330. The owner, or an owner's designee, of a
school shall enter into a board approved written contract with each
student before permitting the student to attend classes. The original
contract must be retained by the school and a copy given to the
student. The contract shall contain certification that the student is at
least sixteen years of age or will have attained that age before
completing the course of instruction and that the student possesses at
least a tenth grade education, as certified by the school last attended,
or the equivalent as established by tests used in public schools or
approved by the board.
Section 40-13-340. (A) A person, firm, corporation, or
association may apply to the board for licensing of a school by
submitting an application on a form prescribed by the board and
paying the initial license fee. An applicant at the time of application
shall submit a detailed floor plan and a true copy of the applicant's
board approved form for student contracts and enrollment. An
applicant also shall furnish a bond to the board issued by a licensed
bonding company doing business in this State. The bond must be in
the sum of ten thousand dollars and must be conditioned upon the
faithful performance of the terms and conditions of all contracts
entered into between the owner or manager of the school and all
persons enrolling in the school. Suit on the bond may be brought by
any student injured by the breach of any of the conditions of the
contract between the student and the owner or manager of the school.
(B) A licensed school shall comply with the provisions of this
chapter applicable to the school and with regulations promulgated
pursuant to this chapter.
(C) No license for a school may be issued unless the owner
presents evidence satisfactory to the board that the owner has
adequate school facilities and equipment and that each instructor
holds a valid instructor's license.
Section 40-13-350. A copy of sanitary regulations adopted by the
board must be furnished by the board to the owner or manager of
each salon or school in the State, and the copy must be posted in a
conspicuous place in each salon and school.
Section 40-13-360. The following persons and activities are
exempt from this chapter while engaged in the proper discharge of
their professional duties:
(1) manufacturers' representatives or sales persons in retail outlets
who demonstrate products or techniques for promotional purposes;
(2) educational activities conducted in connection with any
monthly, annual, or other special program from which the general
public is excluded. This exemption applies only to the specific days
of the special program; and
(3) a demonstration conducted by manufacturers and wholesalers
for the purpose of exhibiting the technical application and use of
products.
Section 40-13-370. If a provision of this chapter or the
application of a provision to a person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this
chapter which can be given effect with the invalid provision or
application, and to this end the provisions of this chapter are
severable."
SECTION 2. This act takes effect upon approval by the Governor.
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