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Regular Session, 2010
HOUSE BILL NO. 1028
BY REPRESENTATIVE WADDELL
COSMETOLOGY/BOARD: Provides for changes relative to the La. Cosmetology Board
AN ACT1
To amend and reenact R.S. 37:563(6), 572(D), 573(B), 574(B), 575(A)(1)(a), 576(B), 578,2
583(C), 585(B)(3), 591(A), 594(B)(introductory paragraph) and (5), and 595(A)(3)3
and (4) and to repeal R.S. 37:591(B)(6), relative to the Louisiana Cosmetology4
Board; to change the definition of "esthetics"; to clarify the qualifications of board5
members; to provide for committees within the board; to clarify quorum of the6
board; to provide for a testing center; to provide for a salary of the executive director7
of the board; to provide for qualifications of a registered teacher of cosmetology,8
esthetics, or manicuring; to provide for liability insurance on beauty shops or salons;9
to provide for changes to the application for school certificate of registration; to10
provide for changes to requirements of schools; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 37:563(6), 572(D), 573(B), 574(B), 575(A)(1)(a), 576(B), 578,13
583(C), 585(B)(3), 591(A), 594(B)(introductory paragraph) and (5), and 595(A)(3) and (4)14
are hereby amended and reenacted to read as follows: 15
§563. Definitions16
As used in this Chapter, the following words shall have the meaning herein17
ascribed to them, unless the content clearly otherwise indicates:18
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(6) "Esthetics" means engaging in any one or a combination of the following1
practices: massaging the face or neck of a person, trimming eyebrows, dying2
eyelashes or eyebrows, or hair removal by cosmetic preparations, threading, waxing,3
or other similar means, stimulating, cleansing, or beautifying the face, neck, arms,4
bust, upper body, legs, or feet of a person by any method with the aid of the hands5
or of any mechanical or electrical apparatus, including micro-dermabrasion,6
epidermabrasion, or particle exfoliation using equipment and methodology approved7
by the board or by the use of a cosmetic preparation. However,; however, esthetics8
shall not include the diagnosis, treatment, or therapy of any dermatological9
condition, or the process of removing hair known as "electrolysis".10
* * *11
§572. Qualifications of board members; recusal from certain transactions12
* * *13
D. No more than two board members shall be connected directly or14
indirectly with the ownership of a school of cosmetology. "Connected" shall mean15
having an ownership interest, being employed by or having a contract with a school,16
or having an immediate family member who has an ownership interest in a school.17
* * *18
§573. Compensation and expenses of board members19
* * *20
B. Each board member shall receive compensation for attendance at21
meetings, hearings, or any other duties of the board in the form of a per diem in the22
amount established in R.S. 37:599. No board member shall receive a per diem for23
more than eight days per month; however, the chairman shall may appoint an24
executive a committee consisting of no more than three members of the board, who25
shall receive a per diem for no more than fifteen days per month.26
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§574. Organization of board; meetings; quorum28
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B. A majority of the members of the board physically present at a board1
meeting shall constitute a quorum for the transaction of business. In case of a tie2
vote, the absent members shall be polled by witnessed telephone communication.3
§575. Powers and duties of the board4
A. The board shall be responsible for the control and regulation of the5
practice of cosmetology and shall do all of the following:6
(1)(a) Maintain a permanent testing center to be located in East Baton Rouge7
Parish. The center shall be equipped to accommodate both practical and theory8
examinations and shall provide office space for board members and a conference9
room.10
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§576. Executive director12
* * *13
B. The annual salary of the executive director shall be set by the board and14
shall not exceed fifty thousand dollars. The executive director may be reimbursed15
for necessary expenses incurred in carrying out his duties, with approval of the board16
and in accordance with state travel regulations.17
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§578. Cosmetologists' Board Fund19
At least monthly, all All monies received by the board shall be turned over20
to the state treasurer. Such monies shall be deposited in a separate account within21
the state treasury to be known as the "Cosmetologists' Board Fund". The monies in22
the fund shall be used for no other purpose except to pay the expenses and salaries23
for operation of the board.24
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§583. Qualifications for certificate as a registered teacher; continuing education26
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C. In addition to the requirements set forth in Subsection B of this Section,1
a person shall also meet the following requirements in order to obtain a certificate2
of registration as a registered teacher of cosmetology, esthetics, or manicuring:3
(1) To obtain a certificate as a registered teacher of cosmetology, a person4
shall possess a cosmetology certificate, have been actively engaged in the practice5
of cosmetology for at least twelve months prior to beginning the instructor's course,6
and have successfully passed the examination prescribed by the board for7
certification as a teacher of cosmetology.8
(2) To obtain a certificate as a registered teacher of esthetics, a person shall9
possess an esthetics or cosmetology certificate, have been actively engaged in the10
practice of esthetics for at least twelve months prior to beginning the instructor's11
course, and have successfully passed the examination prescribed by the board for12
certification as a teacher of esthetics.13
(3) To obtain a certificate as a registered teacher of manicuring, a person14
shall possess a manicuring or cosmetology certificate, have been actively engaged15
in the practice of manicuring for at least twelve months prior to beginning the16
instructor's course, and have successfully passed the examination prescribed by the17
board for certification as a teacher of manicuring.18
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§585. Examination team20
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B. The examination team shall be composed of no more than six registered22
cosmetologists who fulfill the following requirements:23
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(3) Are not connected either directly or indirectly with ownership of a25
registered school in the state. "Connected" shall mean having an ownership interest,26
being employed by or having a contract with a school, or having an immediate27
family member who has an ownership interest in a school.28
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§591. Requirements for certification as a beauty shop or salon1
A. No person or entity shall operate a beauty shop or salon in the state of2
Louisiana without a certificate of registration issued by the board and a minimum of3
one hundred thousand dollars in general liability insurance.4
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§594. Application for school certificate of registration; change of location; change6
of ownership7
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B. Any At least thirty days prior to the board meeting, any person desiring9
to operate a cosmetology school shall:10
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(5) Submit a detailed floor plan certified by an architect or engineer drawn12
to scale, including the arrangement of classrooms, placement of equipment, electrical13
outlets, ventilation equipment, plumbing and lighting, the locations of all outside14
entrances and exits, and the square footage for each area.15
* * *16
§595. Requirements for schools17
A. All schools registered by the board shall do the following:18
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(3) Be supervised by a registered teacher of cosmetology in active practice,20
with at least eighteen twenty-four months of teaching experience in an accredited21
school of cosmetology approved by the board.22
(4) Employ as at least two instructors, persons who are teachers registered23
by the board, at least one of whom shall have been a registered teacher and in active24
practice for at least eighteen months.25
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Section 2. R.S. 37:591(B)(6) is hereby repealed in its entirety.27 HLS 10RS-1501 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Waddell HB No. 1028
Abstract: Provides for changes to various provisions relating to the La. Cosmetology
Board.
Present law provides for the definition of "esthetics".
Proposed law retains present law but includes hair removal by cosmetic preparations and
threading as practices of "esthetics".
Present law prohibits more than two board members from being connected directly or
indirectly with the ownership of a cosmetology school.
Proposed law retains present law but clarifies that "connected" means an ownership interest,
employed or having a contract with a school, or having immediate family members who
have ownership in a school.
Present law requires the chairman of the board to appoint an executive committee of no more
than three members.
Proposed law changes present law to simply allow the chairman to appoint an executive
committee.
Present law provides that in case of a tie vote at a board meeting, the absent members shall
be polled by a witnessed telephone communication.
Proposed law repeals present law.
Present law requires the board to provide office space for board members and a conference
room.
Proposed law changes present law to require the board to only provide office space and a
conference room.
Present law provides that the executive director's salary not exceed $50,000.
Proposed law changes present law to put no limit on the salary of the executive director.
Present law requires that a person seeking a certificate of registration as a registered teacher
of cosmetology, esthetics, or manicuring have a certificate as a registered teacher of the
respective professional and have passed an examination relating to the respective profession.
Proposed law retains present law but also requires the person to have actively engaged in the
practice of cosmetology for at least 12 months prior to beginning the instructor's course.
Present law provides that the examination team be composed of no more than six registered
cosmetologists who are not connected either directly or indirectly with ownership of a
registered school in the state. HLS 10RS-1501 ORIGINAL
HB NO. 1028
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are additions.
Proposed law retains present law but clarifies that "connected" means an ownership interest,
employed or having a contract with a school, or having immediate family members who
have ownership in a school.
Present law prohibits a person or entity from operating a beauty shop or salon in the state
without a certificate of registration issued by the board.
Proposed law retains present law but also requires a minimum of $100,000 in general
liability insurance.
Present law requires any person desiring to operate a cosmetology school to submit certain
documents to the board including a detailed floor plan drawn to scale.
Proposed law retains present law but includes that the person submit required documents at
least 30 days prior to the meeting and the floor plan be certified by an architect or engineer.
Present law requires all schools registered by the board to be supervised by a registered
teacher of cosmetology with at least 18 months of teaching experience.
Proposed law changes present law to increase teaching experience from 18 months to 24
months.
Present law requires all schools registered by the board to employ as instructors who are
teachers registered by the board.
Proposed law clarifies present law to require at least two instructors.
Present law requires the owner of a beauty shop or salon to require all apprentices working
in his shop or salon to possess I.D. indicating they are apprentices.
Proposed law repeals present law.
(Amends R.S. 37:563(6), 572(D), 573(B), 574(B), 575(A)(1)(a), 576(B), 578, 583(C),
585(B)(3), 591(A), 594(B)(intro. para.) and (5), and 595(A)(3) and (4); Repeals R.S.
37:591(B)(6))