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ACT No. 728
Regular Session, 2010
HOUSE BILL NO. 1028
BY REPRESENTATIVE WADDELL
AN ACT1
To amend and reenact R.S. 37:563(6), 572(B) and(D), 573(B), 574(B), 575(A)(1)(a),2
576(B), 578, 583(C), 585(B)(3), 591(A), 594(B)(introductory paragraph) and (5),3
and 595(A)(3) and (4) and to repeal R.S. 37:591(B)(6), relative to the Louisiana4
Cosmetology Board; to change the definition of "esthetics"; to expand eligibility for5
board membership; to clarify the qualifications of board members; to provide for6
committees within the board; to clarify quorum of the board; to provide for a testing7
center; to provide for a salary of the executive director of the board; to provide for8
qualifications of a registered teacher of cosmetology, esthetics, or manicuring; to9
provide for liability insurance on beauty shops or salons; to provide for changes to10
the application for school certificate of registration; to provide for changes to11
requirements of schools; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 37:563(6), 572(B) and(D), 573(B), 574(B), 575(A)(1)(a), 576(B),14
578, 583(C), 585(B)(3), 591(A), 594(B)(introductory paragraph) and (5), and 595(A)(3) and15
(4) are hereby amended and reenacted to read as follows: 16
§563. Definitions17
As used in this Chapter, the following words shall have the meaning herein18
ascribed to them, unless the content clearly otherwise indicates:19
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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
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§572. Qualifications of board members; recusal from certain transactions12
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B. Each member shall be a registered cosmetologist who has been actively14
engaged, for at least five years prior to his appointment, in the practice of15
cosmetology, or an owner of a beauty shop or salon certified pursuant to R.S. 37:591,16
or as a teacher or instructor of cosmetology in this state.17
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D. No more than two four board members shall be connected directly or19
indirectly with the ownership of a school of cosmetology. "Connected" shall mean20
having an ownership interest, being employed by or having a contract with a school,21
or having an immediate family member who has an ownership interest in a school.22
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§573. Compensation and expenses of board members24
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B. Each board member shall receive compensation for attendance at26
meetings, hearings, or any other duties of the board in the form of a per diem in the27
amount established in R.S. 37:599. No board member shall receive a per diem for28
more than eight days per month; however, the chairman shall may appoint an29 ENROLLEDHB NO. 1028
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executive a committee consisting of no more than three members of the board, who1
shall receive a per diem for no more than fifteen days per month.2
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§574. Organization of board; meetings; quorum4
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B. A majority of the members of the board physically present at a board6
meeting shall constitute a quorum for the transaction of business. In case of a tie7
vote, the absent members shall be polled by witnessed telephone communication.8
§575. Powers and duties of the board9
A. The board shall be responsible for the control and regulation of the10
practice of cosmetology and shall do all of the following:11
(1)(a) Maintain a permanent testing center to be located in East Baton Rouge12
Parish. The center shall be equipped to accommodate both practical and theory13
examinations and shall provide office space for board members and a conference14
room.15
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§576. Executive director17
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B. The annual salary of the executive director shall be set by the board and19
shall not exceed fifty thousand dollars shall not exceed seventy-five thousand dollars.20
The executive director may be reimbursed for necessary expenses incurred in21
carrying out his duties, with approval of the board and in accordance with state travel22
regulations.23
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§578. Cosmetologists' Board Fund25
At least monthly, all All monies received by the board shall be turned over26
to the state treasurer. Such monies shall be deposited in a separate account within27
the state treasury to be known as the "Cosmetologists' Board Fund". The monies in28 ENROLLEDHB NO. 1028
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the fund shall be used for no other purpose except to pay the expenses and salaries1
for operation of the board.2
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§583. Qualifications for certificate as a registered teacher; continuing education4
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C. In addition to the requirements set forth in Subsection B of this Section,6
a person shall also meet the following requirements in order to obtain a certificate7
of registration as a registered teacher of cosmetology, esthetics, or manicuring:8
(1) To obtain a certificate as a registered teacher of cosmetology, a person9
shall possess a cosmetology certificate, have been actively engaged in the practice10
of cosmetology for at least twelve months prior to beginning the instructor's course,11
and have successfully passed the examination prescribed by the board for12
certification as a teacher of cosmetology.13
(2) To obtain a certificate as a registered teacher of esthetics, a person shall14
possess an esthetics or cosmetology certificate, have been actively engaged in the15
practice of esthetics for at least twelve months prior to beginning the instructor's16
course, and have successfully passed the examination prescribed by the board for17
certification as a teacher of esthetics.18
(3) To obtain a certificate as a registered teacher of manicuring, a person19
shall possess a manicuring or cosmetology certificate, have been actively engaged20
in the practice of manicuring for at least twelve months prior to beginning the21
instructor's course, and have successfully passed the examination prescribed by the22
board for certification as a teacher of manicuring.23
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§585. Examination team25
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B. The examination team shall be composed of no more than six registered27
cosmetologists who fulfill the following requirements:28
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(3) Are not connected either directly or indirectly with ownership of a1
registered school in the state. "Connected" shall mean having an ownership interest,2
being employed by or having a contract with a school, or having an immediate3
family member who has an ownership interest in a school.4
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§591. Requirements for certification as a beauty shop or salon6
A. No person or entity shall operate a beauty shop or salon in the state of7
Louisiana without a certificate of registration issued by the board .8
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§594. Application for school certificate of registration; change of location; change10
of ownership11
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B. Any At least thirty days prior to the board meeting, any person desiring13
to operate a cosmetology school shall:14
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(5) Submit a detailed floor plan certified by an architect or engineer drawn16
to scale, including the arrangement of classrooms, placement of equipment, electrical17
outlets, ventilation equipment, plumbing and lighting, the locations of all outside18
entrances and exits, and the square footage for each area.19
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§595. Requirements for schools21
A. All schools registered by the board shall do the following:22
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(3) Be supervised by a registered teacher of cosmetology in active practice,24
with at least eighteen twenty-four months of teaching experience in an accredited25
school of cosmetology approved by the board.26 ENROLLEDHB NO. 1028
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(4) Employ as at least two instructors, persons who are teachers registered1
by the board, at least one of whom shall have been a registered teacher and in active2
practice for at least eighteen months.3
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Section 2. R.S. 37:591(B)(6) is hereby repealed in its entirety.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: