EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0423*
SENATE BILL 423
C3 3lr1819
By: Senator Beidle
Introduced and read first time: February 2, 2023
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
State Board of Cosmetologists – Licensing – Eyelash Extensions 2
FOR the purpose of authorizing the State Board of Cosmetologists to issue a limited license 3
to provide eyelash extension services; and generally relating to licensing and the 4
State Board of Cosmetologists. 5
BY repealing and reenacting, without amendments, 6
Article – Business Occupations and Professions 7
Section 5–101(a) 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2022 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Business Occupations and Professions 12
Section 5–101(i), (l), (n), and (p) through (r), 5–205(b) and (c), 5–301, 5–305, 5–310, 13
5–404, 5–501, and 5–605 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2022 Supplement) 16
BY adding to 17
Article – Business Occupations and Professions 18
Section 5–101(p) 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2022 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Business Occupations and Professions 24
5–101. 25 2 SENATE BILL 423
(a) In this title the following words have the meanings indicated. 1
(i) (1) “License” means, unless the context requires otherwise, a license issued 2
by the Board. 3
(2) “License” includes, unless the context requires otherwise, each of the 4
following licenses: 5
(i) a license to practice cosmetology; 6
(ii) a license to practice as a senior cosmetologist; 7
(iii) a limited license to provide esthetic services; 8
(iv) a limited license to provide hair services; 9
(v) a limited license to provide hair services – blow drying; [and] 10
(vi) a limited license to provide nail technician services; AND 11
(VII) A LIMITED LICENSE TO PROVIDE EYELASH EXTE NSION 12
SERVICES. 13
(l) (1) “Limited license” means a license issued by the Board to practice 14
cosmetology as limited in § 5–301 of this title. 15
(2) “Limited license” includes, unless the context requires otherwise, each 16
of the following licenses: 17
(i) a limited license to provide esthetic services; 18
(ii) a limited license to provide hair services; 19
(iii) a limited license to provide hair services – blow drying; [and] 20
(iv) a limited license to provide nail technician services; AND 21
(V) A LIMITED LICENSE TO PROVIDE EYELASH EXTE NSION 22
SERVICES. 23
(n) (1) “Practice cosmetology” means to engage in any of the following for 24
compensation: 25
(i) providing hair services; 26
SENATE BILL 423 3
(ii) arching or dyeing eyebrows; 1
(iii) dyeing eyelashes; 2
(iv) providing esthetic services; [or] 3
(v) providing nail technician services; OR 4
(IV) PROVIDING EYELASH EX TENSION SERVICES . 5
(2) The practice of cosmetology does not include: 6
(i) the mere sale, fitting, or styling of wigs or hairpieces; 7
(ii) the mere shampooing of hair; or 8
(iii) a service that results in tension on hair strands or roots by 9
twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical device, 10
provided that the service does not include the application of dyes, reactive chemicals, or 11
other preparations to alter the color of the hair or to straighten, curl, or alter the structure 12
of the hair. 13
(P) “PROVIDE EYELASH EXTEN SION SERVICES” MEANS TO PROVIDE TO AN 14
INDIVIDUAL, FOR COMPENSATION , THE SERVICE OF: 15
(1) CLEANING THE EYE ARE A; 16
(2) APPLYING: 17
(I) EYELASH PRIMERS AND ADHESIVES; 18
(II) EYELASH EXTENSIONS ; AND 19
(III) SEALANT; OR 20
(3) DRYING THE EYE AREA FOR EYELASH EXTENSIONS . 21
[(p)] (Q) “Provide hair services” means to provide to an individual for 22
compensation the service of beautifying, cleaning, or embellishing the hair of the individual 23
by: 24
(1) arranging the hair; 25
(2) bleaching the hair; 26
4 SENATE BILL 423
(3) cleansing the hair; 1
(4) coloring the hair; 2
(5) curling the hair; 3
(6) cutting the hair; 4
(7) dressing the hair; 5
(8) singeing the hair; 6
(9) permanent waving the hair; 7
(10) waving the hair; or 8
(11) performing any other similar procedure intended to beautify, clean, or 9
embellish the hair. 10
[(q)] (R) “Provide hair services – blow drying” means to provide to an individual 11
for compensation the service of beautifying, cleaning, or arranging the hair of the individual 12
by: 13
(1) arranging the hair; 14
(2) cleansing the hair; 15
(3) curling the hair; 16
(4) dressing the hair; 17
(5) blow drying the hair; 18
(6) singeing the hair; or 19
(7) performing any other similar procedure intended to beautify, clean, or 20
arrange the hair. 21
[(r)] (S) “Provide nail technician services” means to provide to an individual, for 22
compensation, the service of: 23
(1) manicuring or pedicuring the individual’s nails; 24
(2) applying artificial nail enhancement products; or 25
(3) maintaining artificial nail enhancement products. 26
SENATE BILL 423 5
5–205. 1
(b) (1) The Board shall adopt regulations that establish detailed 2
curriculum standards for use by the State Board of Education or the Maryland Higher 3
Education Commission in approving applications for instruction in the practice of 4
cosmetology, the provision of esthetic services, THE PROVISION OF EYE LASH EXTENSION 5
SERVICES, the provision of hair services, and the provision of nail technician services at 6
public schools or private career schools. 7
(2) The curriculum standards established under paragraph (1) of this 8
subsection shall: 9
(i) incorporate modern methods and practices for: 10
1. practicing cosmetology; 11
2. providing esthetic services; 12
3. PROVIDING EYELASH EX TENSION SERVICES ; 13
[3.] 4. providing hair services; 14
[4.] 5. providing hair services – blow drying; and 15
[5.] 6. providing nail technician services; 16
(ii) include a reference to each topic and the emphasis of each topic 17
required of a comprehensive curriculum in the appropriate licensing area; and 18
(iii) be reviewed and updated periodically as determined by the 19
Board. 20
(c) (1) [Beginning October 1, 2018, the] THE Board shall require a licensee 21
renewing a license to complete at least six credit hours of continuing education approved 22
by the Board. 23
(2) The Board shall adopt regulations that set standards for continuing 24
education courses that, at a minimum, require: 25
(i) two hours of training in health, safety, and welfare subjects; and 26
(ii) four hours of training in general elective courses. 27
5–301. 28
6 SENATE BILL 423
(a) Except as otherwise provided in this title, an individual shall be licensed by 1
the Board to practice cosmetology before the individual may practice cosmetology in the 2
State. 3
(b) If an individual holds the appropriate limited license, the individual may 4
practice cosmetology in a manner limited to: 5
(1) providing esthetic services; 6
(2) PROVIDING EYELASH EX TENSION SERVICES; 7
[(2)] (3) providing hair services; 8
[(3)] (4) providing hair services – blow drying; or 9
[(4)] (5) providing nail technician services. 10
(c) Subsection (a) of this section does not apply to: 11
(1) a student while the student practices cosmetology in accordance with § 12
5–302 or § 5–303 of this subtitle; or 13
(2) a registered apprentice. 14
5–305. 15
(a) To qualify for a limited license to practice cosmetology, an applicant shall be 16
an individual who meets the requirements of this section. 17
(b) An applicant for a limited license to provide esthetic services shall: 18
(1) be at least 17 years old; 19
(2) have completed successfully a 9th grade education or the equivalent; 20
and 21
(3) have received training by: 22
(i) serving as a registered apprentice for at least 6 months as 23
provided under §§ 5–404 and 5–405 of this title; or 24
(ii) successfully completing at least 600 hours of instruction in 25
providing esthetic services in a cosmetology school approved by the State Department of 26
Education or the Maryland Higher Education Commission in consultation with the Board. 27
SENATE BILL 423 7
(C) AN APPLICANT FOR A LI MITED LICENSE TO PRO VIDE EYELASH 1
EXTENSION SERVICES S HALL: 2
(1) BE AT LEAST 17 YEARS OLD; 3
(2) POSSESS A HIGH SCHOO L DIPLOMA OR GRADUAT E EQUIVALENCE 4
DIPLOMA; 5
(3) (I) HAVE RECEIVED TRAINI NG BY: 6
1. SERVING AS A REGISTE RED APPRENTICE FOR A T 7
LEAST 2 MONTHS AS PROVIDED U NDER §§ 5–404 AND 5–405 OF THIS TITLE; OR 8
2. SUCCESSFULLY COMPLET ING AT LEAST 60 HOURS OF 9
INSTRUCTION IN PROVI DING EYELASH EXTENSION SERVICES I N A COSMETOLOGY 10
SCHOOL APPROVED BY T HE STATE DEPARTMENT OF EDUCATION OR THE 11
MARYLAND HIGHER EDUCATION COMMISSION IN CONSULT ATION WITH THE 12
BOARD; OR 13
(II) PASS A PRACTICAL EXA MINATION. 14
[(c)] (D) An applicant for a limited license to provide hair services shall: 15
(1) be at least 17 years old; 16
(2) have completed successfully a 9th grade education or the equivalent; 17
and 18
(3) have received training by: 19
(i) serving as a registered apprentice for at least 15 months as 20
provided under §§ 5–404 and 5–405 of this title; or 21
(ii) successfully completing at least 1,200 hours of instruction 22
providing hair services in a cosmetology school approved by the State Department of 23
Education or the Maryland Higher Education Commission in consultation with the Board. 24
[(d)] (E) An applicant for a limited license to provide hair services – blow drying 25
shall: 26
(1) be at least 17 years old; 27
(2) have completed successfully a 9th grade education or the equivalent; 28
and 29
8 SENATE BILL 423
(3) have received training by successfully completing at least 350 hours of 1
instruction providing hair services – blow drying in a cosmetology school approved by the 2
State Department of Education or the Maryland Higher Education Commission in 3
consultation with the Board. 4
[(e)] (F) An applicant for a limited license to provide nail technician services 5
shall: 6
(1) be at least 17 years old; 7
(2) have successfully completed a 9th grade education or the equivalent; 8
and 9
(3) have received training by: 10
(i) serving as a registered apprentice for at least 3 months as 11
provided under §§ 5–404 and 5–405 of this title; or 12
(ii) successfully completing at least 250 hours of instruction in 13
providing nail technician services in a cosmetology school approved by the State 14
Department of Education or the Maryland Higher Education Commission in consultation 15
with the Board. 16
[(f)] (G) If an applicant is licensed to practice as an esthetician, EYELASH 17
EXTENSION TECHNICIAN , hairstylist, hairstylist – blow drying technician, or nail 18
technician in another state or foreign country, the applicant meets the training 19
requirements of this section if the applicant has held a limited license in the other state or 20
foreign country and has actively practiced in the other state or foreign country for a period 21
of 6 months. 22
[(g)] (H) An applicant for a limited license shall pass an examination given by 23
the Board under this subtitle. 24
5–310. 25
(a) Subject to subsections (b), (c), (d), [and] (e), AND (F) of this section and while 26
a license to practice cosmetology is in effect, it authorizes the licensee to practice 27
cosmetology. 28
(b) While a limited license to provide esthetic services is in effect, it authorizes 29
the licensee to provide only esthetic services. 30
(C) WHILE A LIMITED LICEN SE TO PROVIDE EYELAS H EXTENSION SERVICES 31
IS IN EFFECT , IT AUTHORIZES THE LI CENSEE TO PROVIDE ON LY EYELASH 32
EXTENSION SERVICES . 33
SENATE BILL 423 9
[(c)] (D) While a limited license to provide hair services is in effect, the license 1
authorizes the licensee to provide only hair services. 2
[(d)] (E) While a limited license to provide hair services – blow drying is in effect, 3
the license authorizes the licensee to provide only hair services – blow drying. 4
[(e)] (F) While a limited license to provide nail technician services is in effect, it 5
authorizes the licensee to provide only nail technician services. 6
5–404. 7
(a) While registration as an apprentice is in effect, the registration authorizes the 8
individual to learn to practice cosmetology or any limited practice of cosmetology: 9
(1) in a: 10
(i) beauty salon that holds a beauty salon permit; or 11
(ii) barbershop that holds a barbershop permit; and 12
(2) under the supervision of: 13
(i) if learning to practice cosmetology, a licensed senior 14
cosmetologist; 15
(ii) if learning to provide esthetic services, a licensed senior 16
cosmetologist or a licensed esthetician with 2 years’ experience; 17
(III) IF LEARNING TO PROVI DE EYELASH EXTENSION SERVICES, 18
A LICENSED SENIOR CO SMETOLOGIST OR A LICEN SED EYELASH EXTENSIO N 19
TECHNICIAN WITH 2 YEARS’ EXPERIENCE; 20
[(iii)] (IV) if learning to provide hair services, a licensed senior 21
cosmetologist or a licensed hairstylist with 2 years’ experience; and 22
[(iv)] (V) if learning to provide nail technician services, a licensed 23
senior cosmetologist or a licensed nail technician with 2 years’ experience. 24
(b) A licensed senior cosmetologist may directly train and supervise not more 25
than two apprentices learning to practice cosmetology or any limited practice of 26
cosmetology specified in subsection (a)(2) of this section. 27
(c) An individual with one of the limited licenses specified in subsection (a)(2) of 28
this section who has at least 2 years of experience in that limited practice of cosmetology 29
may directly train and supervise not more than two apprentices learning the same limited 30
practice of cosmetology. 31 10 SENATE BILL 423
5–501. 1
(a) A person shall hold a beauty salon permit issued by the Board before the 2
person may operate a beauty salon in the State. 3
(b) A beauty salon may operate as a limited practice beauty salon by offering 4
cosmetology services limited to: 5
(1) providing esthetic services; 6
(2) PROVIDING EYELASH EX TENSION SERVICES ; 7
[(2)] (3) providing hair services; 8
[(3)] (4) providing hair services – blow drying; or 9
[(4)] (5) providing nail technician services. 10
(c) A separate beauty salon permit is required for each beauty salon that a person 11
operates. 12
5–605. 13
(a) Except as provided in §§ 5–302 and 5–303 of this title and subsection (b) of 14
this section, a person may not practice cosmetology, provide esthetic services, PROVIDE 15
EYELASH EXTENSION SE RVICES, provide hair services, provide hair services – blow 16
drying, or provide nail technician services in any place other than: 17
(1) a beauty salon that holds a beauty salon permit; or 18
(2) a barbershop that holds a barbershop permit issued under Title 4 of this 19
article. 20
(b) (1) A licensed cosmetologist, esthetician, EYELASH EXTENSION 21
TECHNICIAN, hairstylist, hairstylist – blow dry technician, or nail technician may practice 22
cosmetology and provide services in: 23
(i) a facility in which beautification–oriented medical services, 24
authorized by the Maryland Department of Health, are provided; 25
(ii) the residence of an individual confined to the residence by reason 26
of a physical or mental infirmity; 27
(iii) an assisted living facility as defined in § 19–1801 of the Health – 28
General Article; 29 SENATE BILL 423 11
(iv) a hospice facility defined in § 19–901(c) of the Health – General 1
Article; 2
(v) a nursing home as defined in § 19–1401(e) of the Health – 3
General Article; or 4
(vi) a hospital as defined in § 19–301 of the Health – General Article 5
or a similar institution. 6
(2) To practice in any of the locations specified in this subsection: 7
(i) the licensed cosmetologist, esthetician, EYELASH EXTENSION 8
TECHNICIAN, hairstylist, hairstylist – blow dry technician, or nail technician shall be 9
sponsored by a beauty salon in which the cosmetologist, esthetician, hairstylist, hairstylist 10
– blow dry technician, or nail technician is authorized to practice; 11
(ii) the patron to whom the services are rendered shall be a customer 12
of the beauty salon; and 13
(iii) the services shall be rendered by appointment through the 14
beauty salon. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2023. 17