S*567 Session 112 (1997-1998)
S*0567(Rat #0509, Act #0427 of 1998) General Bill, By Wilson and Giese
Similar(H 3682)
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.
03/25/97 Senate Introduced and read first time SJ-3
03/25/97 Senate Referred to Committee on Labor, Commerce and Industry
05/22/97 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-13
05/27/97 Senate Amended SJ-24
05/27/97 Senate Read second time SJ-24
05/27/97 Senate Ordered to third reading with notice of
amendments SJ-24
06/03/97 Senate Read third time and sent to House SJ-137
06/03/97 House Introduced and read first time HJ-149
06/03/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-150
02/04/98 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-4
02/10/98 House Debate adjourned until Tuesday, February 17, 1998 HJ-13
02/17/98 House Amended HJ-12
02/17/98 House Read second time HJ-14
02/18/98 House Read third time and returned to Senate with
amendments HJ-25
02/19/98 Senate Non-concurrence in House amendment SJ-12
02/24/98 House House insists upon amendment and conference
committee appointed Reps. Battle, M. Hines &
Jordan HJ-2
03/10/98 Senate Conference committee appointed Sens. Moore,
O'Dell, and Alexander SJ-26
06/04/98 Senate Conference report received and adopted SJ-225
06/04/98 House Conference report received and adopted HJ-111
06/04/98 Senate Ordered enrolled for ratification SJ-247
06/10/98 Ratified R 509
06/15/98 Signed By Governor
06/15/98 Effective date 06/15/98
07/07/98 Copies available
07/07/98 Act No. 427
(A427, R509, S567)
AN ACT 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:
Chapter revised
SECTION 1. Chapter 13, Title 40 of the 1976 Code is amended to
read:
CHAPTER 13
Cosmetology and Cosmetologists
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.
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 with
the advice and consent of the Senate for terms of four years and until their
successors are appointed and qualify. Terms commence on April first.
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 not labeled for cosmetic use.
(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, may be fined not more than two
hundred dollars or imprisoned not more than thirty days, or both, for a
first offense and for a second or subsequent offense may be fined not
more than five hundred dollars or imprisoned not more than six months,
or both.
(B) The board permanently shall 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 40-13-355. No member of the board may conduct or be a
provider of continuing education courses.
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.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 15th day of June, 1998. |