HB0271 - Cosmetology act amendments.
2001 |
State of Wyoming |
01LSO-0511.E1 ENGROSSED |
HOUSE BILL NO. HB0271
Cosmetology act amendments.
Sponsored by: Representative(s) Deegan
A BILL
for
1 AN ACT relating to the
Wyoming Cosmetology Act; providing
2
definitions; providing for the licensure of nail
3
technicians and estheticians as specified; specifying
4
duties of the board of cosmetology; specifying reasons for
5
the revocation, suspension or nonrenewal of licenses;
6
providing for fees; and providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 33-12-120(a)(iv)
through (viii) and
11 by creating new paragraphs (xiv)
through (xix),
12 33-12-123(a)(i), (ii) and (v), 33-12-127(a),
(b), (c)(i)
13 and (d), 33-12-128, 33-12-129, 33-12-130(a)(i)
and (ii),
14 33-12-131(b), 33-12-132, 33-12-135(a),
by creating a new
15 subsection (b) and by amending and
renumbering (b) and (c)
16 as (c) and (d), 33-12-138(a)(i) and
(ii) and 33-12-139(a)
Page 1
1 by creating new
paragraphs (viii) through (xii) are amended
2
to read:
3
4 33-12-120. Definitions.
5
6 (a) As used in this act:
7
8 (iv) "Cosmetologist"
means a person who is
9 licensed and engages in any of the practices practice of
10 cosmetology and who is licensed under as defined by this
11 act;
12
13 (v) "Practice of cosmetology" means services 14
performed for others for the improvement and beautification 15
of the hair, skin and nails of the human body; includes,
16 but is not limited to, one (1) or more of the following
17 practices when performed by a person or entity for
18 compensation:
19
20 (A) All of those practices included in the
21 practice
of esthetics and the practice of nail technology;
22
23 (B) Cutting, clipping or trimming hair;
24
Page 2
1 (C) Styling,
arranging, braiding, dressing,
2 curling, waving, permanent waving,
straightening,
3 cleansing, singeing, bleaching, dying,
tinting, coloring or
4 similarly treating hair.
5
6 (vi) "Instructor"
means a person licensed to
7
teach cosmetology, nail technology or
esthetics in a school
8 of cosmetology;
9
10 (vii) "License"
means a current document
11 recognizing the that a
cosmetologist, nail technician,
12 esthetician, instructor, salon or school has met
the
13 qualifications required for doing
business in this state;
14
15 (viii) "Model"
means a person who volunteers to
16 allow a licensed cosmetologist, nail technician,
17 esthetician or student enrolled in a cosmetology
school to
18 perform cosmetology services without
cost;
19
20 (xiv) "Esthetician" means a person who is
21 licensed
and engages in the practice of esthetics;
22
Page 3
1 (xv) "Practice of
esthetics" includes, but is
2 not limited to, one (1) or more of the
following practices
3 when performed by a person or entity
for compensation:
4
5 (A) Beautifying,
massaging, cleansing
6 stimulating, toning, manipulating or
exercising the skin of
7 the head, neck or shoulders of another
person by the use of
8 cosmetic preparations, tonics,
lotions, creams, antiseptics
9 or clays or any device electrical or
otherwise for the care
10 of the skin;
11
12 (B) Grooming of eyebrows and eyelashes,
13 including,
but not limited to, arching and tinting;
14
15 (C) Removal of superfluous hair, including,
16 but
not limited to, tweezing and waxing, however, removal
17 of superfluous hair by means of electrolysis is
18 specifically exempt from this act.
19
20 (xvi) "Independent contractor/booth renter"
21 means
a person who rents space within another licensed
22 establishment for the purpose of rendering licensed
23 services as a separate, independent business;
24
Page 4
1 (xvii) "Nail
technician" means a person who is
2 licensed and engages in the practice
of nail technology;
3
4 (xviii) "Practice of
nail technology" includes,
5 but is not limited to, one (1) or more
of the following
6 practices when performed by a person
or entity for
7 compensation:
8
9 (A) Applying lotions,
creams, antiseptics
10 or
other preparations by hand or by a mechanical or
11 electrical apparatus to the hands or feet of any person;
12
13 (B) Cutting, trimming, shaping, manicuring,
14 pedicuring,
polishing, coloring, tinting or applying
15 artificial nails to the fingernails or toenails of any
16 person; or
17
18 (C) Massaging, cleansing or beautifying the
19 hands
or feet of any person.
20
21 (xix) "Temporary location" means any place
22 licensed
under this act in which cosmetology is practiced
23 in a specific location and for a limited duration of time,
24 as determined by the board.
Page 5
1
2 33-12-123. Duties of board members.
3
4 (a) Within the
limitations and authority granted by
5
this act, the board shall:
6
7 (i) Develop
rules setting uniform and reasonable
8
standards of competency for the practice and teaching of
9
cosmetology, nail technology and esthetics,
standards for
10 the operation of salons and schools,
and procedures for its
11 own conduct;
12
13 (ii) Administer
examinations to determine
14 competency for licensure of
cosmetologists, nail
15 technicians, estheticians and instructors;
16
17 (v) Annually
inspect, or appoint persons to
18 inspect, all salons and schools for
proper licensure of the 19
salon, school and all cosmetologists, nail technicians,
20 estheticians or instructors practicing or teaching
and for
21 the purpose of determining
compliance with the provisions
22 of this act and board rules;
23
Page 6
1 33-12-127. Licenses required; failure
to comply;
2 fines.
3
4 (a) From and
after the effective date of this act 5 July 1, 2001, no person
shall engage in the practice or
6
instruction of cosmetology, nail technology
or esthetics
7
and no place shall be maintained and operated for the
8
practice or teaching of cosmetology, nail
technology or
9 esthetics except under a
license issued in compliance with
10 this act and the rules adopted
pursuant to this act.
11
12 (b) No school
or salon shall employ, hire or in any
13 manner allow any individual to
practice or teach
14 cosmetology, nail technology or esthetics unless that
15 individual has a current license to
practice or teach
16 cosmetology, nail technology or esthetics.
17
18 (c) The
licenses required in subsections (a) and (b)
19 of this section shall:
20
21 (i) Be issued
in the name of the licensed
22 cosmetologist, the nail technician,
esthetician,
23 instructor, the owner of the salon or the owner of the
24 school;
Page 7
1
2 (d) Any person
who practices or teaches cosmetology,
3 nail technology or esthetics
for compensation, or who
4
carries on any business, practice or operation governed by
5
this act, without a license when a license is required, is
6
guilty of a misdemeanor punishable, upon conviction, by a
7
fine of not more than seven hundred fifty dollars
8
($750.00).
9
10 33-12-128. Form; expiration; renewal of license.
11
12 The board shall prescribe the form and
expiration date of
13 licenses. Licenses may be renewed by
submitting the
14 required application for renewal and
fee to the board
15 before the license expiration date.
If a cosmetologist,
16 nail technician, esthetician or instructor license
is
17 allowed to expire, the license may
be renewed within a
18 period of ninety (90) days after the
expiration date, but
19 after the expiration of ninety (90)
days from the date the
20 license expired the license shall
lapse.
21
22 33-12-129. Expired and lapsed licenses; relicensure.
23
Page 8
1 If
a salon or school license is allowed to expire a
2
reinstatement fee for late renewal shall be imposed. A
3
cosmetologist, nail technician, esthetician
or instructor
4
license which has lapsed may be reinstated subject to
5
payment of a reinstatement fee in addition to license fees
6
for the lapsed period. Any person whose license has lapsed
7
for five (5) years or more, and who does not qualify for
8
licensure by endorsement, shall be required to complete a
9
refresher course of one hundred (100) three hundred (300)
10 hours at a licensed school before
applying for examination
11 and shall then be required to take
the board examination.
12
13 33-12-130. Licensure by examination.
14
15 (a) An
applicant for admission to board examination
16 shall meet the following
requirements:
17
18 (i) Except as
provided by W.S. 33-12-134(c), be
19 a graduate of a cosmetology, nail technology or esthetics
20 school,
or any combination of those schools, and have met
21 training requirements comparable substantially
similar to
22 those set forth in board rules;
23
Page 9
1 (ii) Submit
proper credentials as required by
2
the board no less than ten (10) fifteen (15) days before
3
the examination is to be given;
4
5 33-12-131. Time, place and scope of examinations.
6
7 (b) The
examinations shall not be confined to any
8
specific method or system, may consist of written, oral and
9
performance examinations and shall be of such scope and
10 character as to disclose that any
person passing the
11 examination is qualified to receive
a cosmetologist, nail
12 technician, esthetician or instructor license.
13
14 33-12-132. Licensure by endorsement.
15
16 (a) An
applicant for a license to practice or
17 instruct cosmetology, nail technology or esthetics in
18 Wyoming who is a qualified and
currently licensed
19 cosmetologist, nail technician or esthetician or a licensed
20 cosmetology, nail technology or esthetics instructor in
21 another state, upon submitting who
submits an application
22 to the board, a certification from the board or licensing 23
agency of the state in which the applicant is licensed, 24
proof of meeting the requirements of this section and along
Page 10
1 with payment of the required fee, and proof of the
2 following, may receive a
cosmetologist, nail technician,
3 esthetician or cosmetology instructor license: by 4
endorsement without examination in
this state. An applicant 5
from another state which does not
require a board 6
examination for licensure, or an
applicant who did not 7
attend a licensed cosmetology school,
shall not obtain a 8
Wyoming license by endorsement. An
applicant from another 9
state who has not practiced
cosmetology full time for at 10
least one (1) year prior to application shall obtain a 11
Wyoming license by endorsement only if he was licensed 12
under requirements which the board determines to be at 13
least equal to those established pursuant to this act.
14
15 (i) The applicant is a graduate of a
16 cosmetology,
nail technology or esthetics school in a state
17 whose licensure requirements are substantially similar to
18 those required by this act;
19
20 (ii) The applicant has passed nationally
21 standardized
written and practical examinations that are
22 board approved.
23
Page 11
1 33-12-135. Powers to revoke, refuse,
suspend, refuse
2 to
renew licenses; grounds; procedures.
3
4 (a) After providing a licensee with twenty (20) days
5 notice of intended action and
providing the licensee with
6 the opportunity to be heard at a
contested case hearing
7 held pursuant to the provisions of
W.S. 16-3-101 through
8 16-3-115, the board may revoke, suspend or refuse to renew
9
a license issued pursuant to this act after
twenty (20) 10
days notice and a hearing, held pursuant to the provisions 11
of W.S. 16-3-101 through 16-3-115, or otherwise discipline
12 a licensee, but not including assessment of fines,
for the 13 any of the following acts:
14
15 (i) Any violation of this act or any rule of the
16 board; by any person or entity holding a license.
17
18 (ii) Any sanitation violation;
19
20 (iii) Grossly unprofessional or dishonest
21 conduct
as defined by the board;
22
23 (iv) A judicial disposition of guilt or a plea
24 of
nolo contendere by a licensee or applicant relative to a
Page 12
1 criminal offense which adversely relates to the practice or
2 instruction of cosmetology, nail
technology or esthetics;
3
4 (v) Use of any
prohibited product as defined by
5 the board; or
6
7 (vi) Use of
intoxicating liquor or drugs to such
8 an extent as to render the licensee
unfit to practice or
9 teach cosmetology, nail technology or
esthetics.
10
11 (b) The board
may require the attendance of witnesses
12 and the production of books, records
or papers it
13 determines necessary for any
investigation of any violation
14 of this act or rule of the board.
Any member of the board
15 may administer oaths to witnesses
appearing to testify
16 before the board or before any board
member.
17
18 (b)(c) The board
may refuse to grant a license to any
19 person guilty of fraud, cheating or
unfair practices in
20 passing the examination, or who has
at any time been found
21 guilty of a felony or of grossly
unprofessional or
22 dishonest conduct, as defined by the board, or to anyone
23 addicted to the use of intoxicating
liquor or drugs to such
24 an extent as to render him unfit to
practice or teach
Page 13
1 cosmetology,
or to anyone advertising by means of
2
statements known to be false or deceptive practices, or for
3
the failure of any person, salon or school to display
4
required licenses and inspection certificates.
5
6 (c)(d) Upon
receipt from the department of family
7
services of a certified copy of an order from a court to
8
withhold, suspend or otherwise restrict a license issued by
9
the board, the board shall notify the party named in the
10 court order of the withholding,
suspension or restriction
11 of the license in accordance with
the terms of the court
12 order. No appeal under the Wyoming
Administrative Procedure
13 Act shall be allowed for a license
withheld, suspended or
14 restricted under this subsection.
15
16 33-12-138. Publications.
17
18 (a) The board shall:
19
20 (i) Provide a
copy of appropriate statutes and
21 rules to every licensed
cosmetologist, nail technician,
22 esthetician, salon and school. Additional copies
shall be
23 made available upon payment of a fee
for the publication;
24
Page 14
1 (ii) Prepare and
maintain a current list of the
2
names and addresses of all cosmetologists,
nail
3 technicians, estheticians, salons,
schools and instructors
4
licensed in Wyoming, the names and addresses of the members
5
of the board and their terms of office. The list shall be
6
available for inspection and copying and for reproduction
7
in whole or in part upon payment of the cost of
8
reproduction.
9
10 33-12-139. Fees; disposition of fees.
11
12 (a) Fees for
the following shall be determined by the
13 board pursuant to W.S. 33-1-201:
14
15 (viii) Esthetician license;
16
17 (ix) Independent contractor license;
18
19 (x) Nail technician license;
20
21 (xi) On-line testing;
22
23 (xii) Temporary location license.
24
Page 15
1 Section 2. This act is effective July 1, 2001.
2
3 (END)
Page 16