Introduced Version
HOUSE BILL No. 1135
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-8.
Synopsis: Cosmetology apprenticeships. Establishes a cosmetology
apprenticeship program (program). Sets certain requirements for
cosmetologists offering a program and apprentice cosmetologists
enrolled in the program. Makes conforming changes.
Effective: July 1, 2024.
Wesco
January 8, 2024, read first time and referred to Committee on Employment, Labor and
Pensions.
2024 IN 1135—LS 6528/DI 153 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1135
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-8-2-1.9 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 1.9. "Apprentice cosmetologist" means an individual
4 who is:
5 (1) learning cosmetology; and
6 (2) under the direction or immediate supervision of a
7 cosmetologist.
8 SECTION 2. IC 25-8-2-3.6 IS ADDED TO THE INDIANA CODE
9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2024]: Sec. 3.6. "Certificate of registration" means a certificate
11 granted by the board that authorizes an individual to act as an
12 apprentice cosmetologist.
13 SECTION 3. IC 25-8-3-23, AS AMENDED BY P.L.158-2016,
14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 23. (a) The board shall adopt rules under
16 IC 4-22-2 to:
17 (1) prescribe sanitary requirements for:
2024 IN 1135—LS 6528/DI 153 2
1 (A) beauty culture salons; and
2 (B) beauty culture schools;
3 (2) establish standards for the practice of cosmetology and the
4 operation of:
5 (A) beauty culture salons; and
6 (B) beauty culture schools;
7 (3) implement the licensing system under this article and provide
8 for a staggered renewal system for licenses; and
9 (4) establish requirements for beauty culture school uniforms for
10 students and instructors; and
11 (5) establish requirements for a holder of a certificate of
12 registration to sit for the examination described in
13 IC 25-8-9-3.
14 (b) The board shall adopt rules under IC 4-22-2 to specify whether
15 the definition set forth in IC 25-8-2-5 includes the use of a straight
16 razor.
17 (c) The board may adopt rules under IC 4-22-2 to establish the
18 following for the practice of cosmetology, barbering, electrology,
19 esthetics, or manicuring in a mobile salon:
20 (1) Sanitation standards.
21 (2) Safety requirements.
22 (3) Permanent address requirements at which the following are
23 located:
24 (A) Records of appointments.
25 (B) License numbers of employees.
26 (C) If applicable, the vehicle identification number of the
27 license holder's self-contained facility.
28 (4) Enforcement actions to ensure compliance with the
29 requirements under this article and all local laws and ordinances.
30 SECTION 4. IC 25-8-4-2.8 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2024]: Sec. 2.8. (a) Only a cosmetologist may operate a
33 cosmetology apprenticeship program.
34 (b) A cosmetologist who wishes to operate a cosmetology
35 apprenticeship program must apply to the board. The application
36 must state the following:
37 (1) The cosmetologist's state cosmetology license number and
38 status.
39 (2) The cosmetologist's years of experience in cosmetology.
40 (3) Any relevant certifications or awards obtained by the
41 cosmetologist.
42 (4) Any other information that the board considers relevant
2024 IN 1135—LS 6528/DI 153 3
1 for determining whether to place apprentices with the
2 cosmetologist.
3 (c) If a cosmetologist is approved by the board under subsection
4 (b), the cosmetologist must do the following with regard to an
5 apprentice cosmetologist enrolled in the program:
6 (1) Keep a daily attendance record and submit a copy of the
7 record to the board monthly.
8 (2) Ensure that the apprentice cosmetologist practices on the
9 general public only after the apprentice cosmetologist
10 completes at least three hundred fifty (350) hours of
11 instruction in the cosmetology curriculum, including both
12 theory and practical hours.
13 (3) Personally supervise the apprentice cosmetologist.
14 (4) Conduct all program supervision and training at the
15 cosmetologist's principal place of business.
16 (d) A cosmetology apprenticeship program may not require an
17 apprentice cosmetologist to attend more than forty (40) hours per
18 week.
19 (e) A cosmetology apprenticeship program may train not more
20 than one (1) apprentice cosmetologist at a time. However, a
21 cosmetology program may train up to two (2) apprentice
22 cosmetologists at the same time if an individual who completed the
23 program becomes a cosmetologist.
24 (f) If a cosmetologist who operates a cosmetology apprentice
25 program changes the location of the cosmetologist's principal place
26 of business, the cosmetologist must notify the board of the change
27 and receive the board's approval to continue the program at the
28 new location.
29 SECTION 5. IC 25-8-4-7, AS AMENDED BY P.L.170-2013,
30 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 7. (a) Each applicant must pass a final practical
32 demonstration examination of the acts permitted by the license. The
33 applicant's beauty culture school following shall administer the final
34 practical demonstration examination:
35 (1) The applicant's beauty culture school.
36 (2) The applicant's cosmetology apprentice program
37 supervisor.
38 (b) The board shall conduct a written examination of the students
39 enrolled in beauty culture school or applicants for a beauty culture
40 professional license. The written examinations described in this
41 section:
42 (1) shall be conducted at the times and places determined by the
2024 IN 1135—LS 6528/DI 153 4
1 board;
2 (2) may be administered through computer based testing;
3 (3) may be conducted before graduation from beauty culture
4 school; and
5 (4) shall be conducted at times set by the board.
6 SECTION 6. IC 25-8-9-3, AS AMENDED BY P.L.158-2016,
7 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 3. The application described in section 2 of this
9 chapter must state that the applicant:
10 (1) is at least seventeen (17) years of age;
11 (2) has successfully completed the tenth grade or received the
12 equivalent of tenth grade education;
13 (3) has graduated from a beauty culture school or completed a
14 board approved cosmetology apprenticeship program;
15 (4) has received a satisfactory grade (as defined by IC 25-8-4-9)
16 on an examination for cosmetologist license applicants prescribed
17 by the board;
18 (5) has not committed an act for which the applicant could be
19 disciplined under IC 25-8-14; and
20 (6) has paid the fee set forth in IC 25-8-13-7 for the issuance of a
21 license under this chapter.
22 SECTION 7. IC 25-8-9-4 IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2024]: Sec. 4. The board may waive the
24 requirement for applicants under section 3(2) or 15(b)(1)(B) of this
25 chapter if:
26 (1) the applicant petitions the board for a waiver; and
27 (2) the board determines that the requirement would result in
28 extreme hardship to the applicant if enforced.
29 SECTION 8. IC 25-8-9-15 IS ADDED TO THE INDIANA CODE
30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
31 1, 2024]: Sec. 15. (a) A person must obtain a certificate of
32 registration to act as an apprentice cosmetologist.
33 (b) A person who wishes to obtain a certificate of registration
34 must apply to the board. The application must:
35 (1) state that the applicant:
36 (A) is at least seventeen (17) years of age;
37 (B) has successfully completed the tenth grade or received
38 the equivalent of a tenth grade education;
39 (C) has not committed an act for which the applicant could
40 be disciplined under IC 25-8-14; and
41 (D) has paid the fee set forth in IC 25-8-13-7 for the
42 issuance of a certificate of registration under this chapter;
2024 IN 1135—LS 6528/DI 153 5
1 and
2 (2) contain a statement signed by a cosmetologist:
3 (A) that the applicant:
4 (i) is employed by the cosmetologist; and
5 (ii) will work under the direct and immediate personal
6 supervision of the cosmetologist; and
7 (B) that the cosmetologist operates a board approved
8 cosmetology apprenticeship program.
9 (c) A certificate of registration shall be in effect:
10 (1) for two (2) years; or
11 (2) until the holder is issued a cosmetologist license.
12 (d) A certificate of registration must be displayed according to
13 the requirements of IC 25-8-4-13.
14 (e) Except as provided IC 25-8-13-7, a person may not be
15 charged a fee to participate in a cosmetology apprenticeship
16 program.
17 (f) An apprentice cosmetologist may perform services only:
18 (1) on the general public (as provided in IC 25-8-4-2.8(c)(2));
19 (2) for which the apprentice cosmetologist has received
20 technical training; and
21 (3) under the direct and immediate supervision and
22 employment of a cosmetologist who has been approved by the
23 board under IC 25-8-4-2.8.
24 SECTION 9. IC 25-8-13-7, AS AMENDED BY P.L.177-2015,
25 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 7. (a) The board shall charge a fee established by
27 the board under IC 25-1-8-2 for providing an examination to an
28 applicant for a cosmetologist license.
29 (b) The board shall charge a fee established by the board under
30 IC 25-1-8-2 for issuing or renewing a cosmetologist license.
31 IC 25-1-2-6(e) applies to the issuance and renewal of a cosmetologist
32 license.
33 (c) The board shall charge a fee established under IC 25-1-8-6 for
34 reinstating a cosmetologist license.
35 (d) The board shall charge a fee established by the board under
36 IC 25-1-8-2 for issuing an Indiana cosmetologist license to a person
37 who holds a license from another jurisdiction that meets the
38 requirements set forth in IC 25-8-4-2.
39 (e) The board shall charge a fee established by the board under
40 IC 25-1-8-2 for issuing a certificate of registration to an apprentice
41 cosmetologist as set forth in IC 25-8-9-15.
2024 IN 1135—LS 6528/DI 153